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Agenda packet

Belmont City Council
September 9, 2025

Document
Agenda packet
Meeting
September 9, 2025
Body
Belmont City Council
Pages
12
Original file
54.7 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

1. CALL TO ORDER

2. ITEMS BEFORE 7:00 PM

3. PLEDGE OF ALLEGIANCE

4. REPORT FROM CLOSED SESSION
(none)

5. SPECIAL PRESENTATIONS

6. PUBLIC COMMENTS ON ITEMS NOT

ON THE AGENDA

7. COUNCILMEMBER ANNOUNCEMENTS

8. CONSENT BUSINESS

9. PUBLIC HEARINGS (none)

10. GENERAL BUSINESS

11. BRIEF VERBAL REPORTS FROM

MEMBERS AND STAFF

12. MATTERS OF

INTEREST/CLARIFICATION

13. ADJOURNMENT
City Council
Meeting Agenda
Tuesday, September 9, 2025 City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California
General order of Business City Council
Julia Mates, Mayor
Robin Pang-Maganaris, Vice Mayor
Gina Latimerlo, Councilmember
Tom McCune, Councilmember
Cathy Jordan, Councilmember
Staff
Afshin Oskoui, City Manager
Scott Rennie, City Attorney
Kathy Kleinbaum, Assistant City Manager
Ken Stenquist, Police Chief
Grace Castaneda, Finance Director
Ann Ritzma, Interim Admin Services Director
Carlos deMelo, Community Development Director
Brigitte Shearer, Parks and Recreation Director
Nisha Patel, Public Works Director
Jozi Plut, City Clerk
MEETING ATTENDANCE:

Council meetings, unless otherwise noted, are broadcast live to Belmont residents on

1. Comcast Cable Channel 27

2. Streamed live via the City's website at www.Belmont.gov

3. ZOOM https://belmont-gov.zoom.us/ Meeting ID: 95745673035

4. Attend the meeting in the Council Chambers, Belmont City Hall 2nd floor PUBLIC COMMENT:

Public in the Council Chamber present the Clerk a request to speak slip found at the table at the rear of the chamber.

If participating virtually use the Raise Hand feature to request to speak.

For dial- in comments, call *67 1-(669) 900-6833 (your phone number will appear on the live broadcast if *67 is not dialed prior to the phone number) enter Meeting ID: 95745673035, and press *9 to request to speak All public comments are subject to a 3-minute time limit unless otherwise determined by the Chair.

Belmont City Council Meeting Agenda September 9, 2025
1 To submit a written public comment:

E-mail [email protected] before the Council discusses the item, noting the agenda topic or number in the subject line. Comments received up to three hours before the meeting will be distributed to the Council and included in the record but not read aloud during the meeting..

The Mayor has the authority to rule any speaker out of order, including speakers during the Public Comment period; If the subject raised is not within the subject matter jurisdiction of the City Council, during a public hearing or a general business item if the speaker is not presenting testimony or evidence relevant to the matter or if the speaker becomes disruptive to the proceedings and conduct of the meeting.

The Mayor also has the authority to order any person who willfully interrupts the meeting to be removed. All persons are expected to always conduct themselves with civility and courtesy. All persons giving comments shall speak directly to the Council and address issues, not individuals. Personal attacks, cursing and outbursts from the audience in support or opposition to a speaker are not tolerated to foster an environment where everyone feels welcome to speak.

LEVINE ACT:

The Levine Act (California Government Code Section 84308) limits campaign contributions that may be made to elected or appointed City officials (including councilmembers and the mayor) and certain candidates for elective city offices. The Act prohibits an agent of a party from contributing any amount to councilmember while a proceeding for a contract valued at $50,000 or more, permit, license, or other entitlement for use is pending that does not solely involve purely ministerial decisions. The Act also prohibits parties and participants in the above entitlement proceedings from contributing more than $500 during the proceeding and for 12 months after the proceeding and requires disclosure of the prohibited contributions. The Act prohibits certain officials, including local elected officials, from taking part in an entitlement proceeding if the official has received a contribution exceeding $500 from a party or participant in the proceeding within the preceding 12 months. An official is also prohibited from accepting, soliciting, or directing a contribution exceeding $500 from a party or participant in the proceeding for 12 months after a final decision is rendered in such a proceeding. The law is complex, and this brief description is not legal advice. If you or an agent have made any campaign contributions to a councilmember in the 12 months before a proceeding in which you have an interest or you are contemplating making a contribution within the 12 months after such a proceeding, you are urged to review the Levine Act and consider consulting an attorney. The California Fair Political Practices Commission (FPPC) is responsible for administering the Levine Act. More information about the Act and its implementing regulations can be found on the FPPC’s website here:
https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

ACCESSIBILITY
If you need assistance to participate in this meeting, please contact the City Clerk at (650) 595-7413. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

AGENDA POSTING: I declare a copy of this agenda was posted at City Hall, One Twin Pines Lane, and the City's website www.Belmont.gov Date: Time: /s/:

Belmont City Council Meeting Agenda September 9, 2025
2 1. CALL TO ORDER

2. ITEMS BEFORE 7:00 PM

3. PLEDGE OF ALLEGIANCE

4. REPORT FROM CLOSED SESSION (none)

5. SPECIAL PRESENTATIONS
A. Proclamation Observing Hispanic Heritage Month September 15 - October 15 B. Proclamation Designating September as Suicide Prevention Month C. Recap of Belmont Community Foundation Imagine Together Foundation D. Presentation of Stanford's Contribution to Belmont

6. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

7. COUNCILMEMBER ANNOUNCEMENTS

8. CONSENT BUSINESS
A. Approval of Minutes
City of Belmont
City Council Regular Meeting Agenda
September 9, 2025
City Council Chambers
City Hall, One Twin Pines Lane, Belmont, California

NOTICE REGARDING MEETING SCHEDULE
The City Council may meet prior to 7:00 PM for Study Sessions, Closed Sessions, or other Special Topics. All other business will commence at 7:00 PM as a time-certain agenda item.

Roll Call
A. CLOSED SESSION (none)
B. STUDY SESSION (none)
The public will have an opportunity to address the City Council concerning this item.

C. SPECIAL SESSION/OTHER TOPICS (none)
ITEMS STARTING AT 7:00 PM
This portion of the meeting is reserved for persons wishing to address the Body on any City matter not on the agenda. The period for public comment at this point in the agenda is limited to 15 minutes, with a maximum of 3 minutes per speaker. Speakers who requested but did not receive an opportunity to speak during this comment period will be given an opportunity to address the Body later in the meeting. State law prohibits the Body from acting on non-agenda items.

Consent business items are considered to be routine in nature and will be enacted by one motion. There will be no separate discussion on these items unless a member or staf request specific items to be removed for separate action.

The City Attorney will read the title of ordinances to be adopted.

Belmont City Council Meeting Agenda September 9, 2025
3 B. Belmont City Code Cleanup, Updates, and Enforcement Amendments C. Renewal of an Agreement with the City of Redwood City for use of its Training Facility D. Belmont Village Bicycle Improvement Project – Plans and Specifications Approval, Bid and Construction Award Authorization

9. PUBLIC HEARINGS (none)

10. GENERAL BUSINESS
A. Review Solid Waste Rate Application and Revise Maximum Rates for Collection Services for 2026
Recommendation: Consider modifications and approve minutes Attachments:

June 10, 2025 minutes
June 24, 2025 minutes
Recommendation: Introduce an ordinance conforming the City Code to organizational changes, updating construction contracting award thresholds, streamlining and repealing unneeded city regulations, amending fireworks regulations, and adding requirements for the management of property.

Attachments:

Staff Report
Admin Ordinance
Recommendation: Adopt a resolution authorizing the City Manager to execute a 3-year renewal of the rental agreement with the City of Redwood City for the use of its firearms training facility.

Attachments:

Staff Report
Resolution
Redwood City Range Contract
Recommendation: Adopt a resolution approving plans and specifications, authorizing advertisement for sealed bids, authorizing the City Manager to negotiate and execute a contract with the lowest responsible and responsive bidder for an amount not to exceed $211,520 plus a ten percent construction contingency for the Belmont Village Bicycle Improvement Project, City Contract Number 2025-638.

Attachments:

Staff Report
Resolution
Attachment A - Plans
Attachment B - Specifications Complete
General Business items are considered separately, typically in the order listed. The chair will call for public comment on each item when the body considers the item.

Recommendation: Adopt a resolution stating the City of Belmont’s intent to revise the maximum rates that may be charged for solid waste, recyclable materials, and organic materials collection services effective January 1, 2026, and set a Public Hearing date for November 25, 2025.

Attachments:

Staff Report
Resolution
Belmont City Council Meeting Agenda September 9, 2025
4 B. Grand Boulevard Initiative (GBI) Update/Presentation C. Climate Action and Adaptation Plan Update

11. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF

12. MATTERS OF INTEREST/CLARIFICATION

13. ADJOURNMENT
HDR Inc. Report
Recology 2026 Rate Application
Recommendation: Receive a presentation regarding the Grand Boulevard Initiative. No action is required.

Attachments:

Staff Report
Attachment 1 - GBI Presentation
Attachment 2 - GBI Fact Sheet
Recommendation: Receive presentation; no action required.

Attachments:

Staff Report
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
B. Verbal report from City Manager
Items in this category are for discussion and direction to staf only. However, Council/Board may take final action on an item if there is no need for additional staf analysis.

Belmont City Council Meeting Agenda September 9, 2025
5 City Council Meeting Minutes
June 10, 2025

Page 1 ends

City of Belmont City Council Regular Meeting Minutes
City Council Chambers, City Hall, One Twin Pines Lane, Belmont, California June 10, 2025

1. CALL TO ORDER 6:30 PM
Roll Call:

Councilmembers Present: Jordan, Latimerlo, McCune, Pang-Maganaris Mates (arrived 6:45) Councilmembers Absent: None

2. ITEMS BEFORE 7:00 PM
A. CLOSED SESSION 6:30 PM
Conference with Labor Negotiators (Govt Code Section 54957.6) Agency designated representatives: Afshin Oskoui, City Manager Employee organization: American Federation of State, County and Municipal Employees (AFSCME)
B. STUDY SESSION (none)
C. SPECIAL SESSION/OTHER TOPICS (none)
ITEMS STARTING AT 7:00 PM

3. PLEDGE OF ALLEGIANCE
Led by Mayor Mates.

4. REPORT FROM CLOSED SESSION
City Attorney Rennie stated that no reportable action was taken at the previously held closed session.

5. SPECIAL PRESENTATIONS
A. Proclamation on Juneteenth Day of Observance, 2025
Mayor Mates read the proclamation.

6. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Marjorie Luciargo, representing PG&E introduced herself as the newly appoint representative for the Peninsula.

Chuck Cotten, representing Belmont Park Boosters commented on the upcoming Music in the Park concerts
Gerrard commented on planning and land use issues in the San Juan area.

Max Reinhardt commented on experiences with the Belmont Planning Department.

7. COUNCILMEMBER ANNOUNCEMENTS
Councilmembers provided information on various upcoming summer events and shared a recap of
6 City Council Meeting Minutes
June 10, 2025

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8. CONSENT BUSINESS
Authorize the City Manager to execute a three-year Microsoft Enterprise Agreement with Crayon, at a total cost of $311,550, with an annual amount of $103,850 each year for the next three years
Resolution 2025-37 approving a Permanent Encroachment Agreement for a retaining wall within the public right-of-way at 716 Alameda de las Pulgas (APN 044-043-190) ACTION: On a motion made by Councilmember and seconded by Councilmember the Consent Business was unanimously approved by a roll call vote (5-0).

9. PUBLIC HEARINGS
A. Annual Report for Collection of Sewer Service Fees FY 2025-26 Recommendation: 1. Hold a public hearing to consider protests for collecting the fees on the tax roll; and 2. Unless there is a majority protest, overrule objections and adopt a resolution approving the annual report for collection on the tax roll of sewer services fees charged to parcels to fund the operation and maintenance of the City’s sewer collection system
Public Works Director Patel presented the report to the Council.

Mayor Mates opened the public hearing.

No members of the public came forward to speak, no written protest was received.

Mayor Mates Closed the public hearing.

ACTION: On a motion made by Councilmember Pang-Maganaris and seconded by Councilmember Jordan Resolution 2025-38 approving The Annual Report For Collection On The Tax Roll Of The Sewer Service Fees Charged To Parcels To Fund The Operation And Maintenance Of The City's Sewer Collection System For Fiscal Year 2025-2026 was unanimously approved by a roll call vote (5-0).

B. Annual Report for Collection of Sewer Treatment Facility Charges for FY 2025-26 Recommendation: 1. Hold a public hearing to consider protests to collecting the fees on the tax roll; and 2. Unless there is a majority protest, overrule objections and adopt a resolution approving the annual report for collection on the tax roll of the sewer treatment facility fees charged to parcel owners to fund the City of Belmont’s share of the Silicon Valley Clean Water (SVCW) sewer treatment plant and conveyance system.

Public Works Director Patel presented the report to the Council.

Mayor Mates opened the public hearing,
No members of the public came forward to speak, no written protest was received.

Mayor Mates Closed the public hearing
ACTION: On a motion made by Councilmember McCune and seconded by Councilmember Latimerlo Resolution 02025-39 approving The Annual Report For Collection On The Tax Roll of The Sewer Treatment Facility Fees Charged to Parcels to Fund The City Of Belmont’s Share Of The Silicon Valley Clean Water (SVCW) Sewer Treatment Plant And Conveyance 7 City Council Meeting Minutes
June 10, 2025

Page 3 ends

System Upgrades For Fiscal Year 2025-2026 was unanimously approved by a roll call vote (5-0)
C. Annual Report for Collection of Storm Drainage Fees for FY 2025-2026 Recommendation: 1. Hold a public hearing to consider protests to collecting the fees on the tax roll; and 2. Unless there is a majority protest, overrule objections and adopt a resolution approving the annual report for collection on the tax roll of storm drainage fees charged to parcel owners to fund the City of Belmont’s National Pollutant Discharge Elimination System (NPDES) Storm Water Compliance Program for FY 2025-2026.

Attachments: Staff Report Resolution
Public Works Director Patel presented the report to the Council.

Mayor Mates opened the public hearing,
No members of the public came forward to speak, no written protest was received.

Mayor Mates Closed the public hearing
ACTION: On A Motion Made By Councilmember McCune and Seconded By Councilmember Latimerlo Resolution 2025-40 adopting The Annual Report For Collection On The Tax Roll Of Storm Drainage Fees Charged To Parcels To Fund The City Of Belmont’s National Pollutant Discharge Elimination System (NPDES) Storm Water Compliance Program For Fiscal Year 2025-2026 was unanimously approved by a roll call vote (5-0) D. Adopt Budget and Related Items for Fiscal Year 2025-26 Recommendation: Adopt resolutions approving the Fiscal Year 2025-26 Budget, approving the Appropriations Limit, authorizing the Special Library Tax, and approving revisions to certain fees in the Master Revenue Schedule Finance Director Castaneda presented the budget
ACTION: On A Motion made by Councilmember and Seconded by Councilmember Resolution 2025-41 Establishing The City of Belmont’s Appropriation Limit For Fiscal Year 2025-26,
Resolution 2025-42 Adopting Fiscal Year 2025-26 Revenue, Appropriations, And Capital Improvement Program Budgets And Permanent Staffing Plan For The City Of Belmont, Resolution 2025-43 Establishing The Annual Special Tax For Community Facilities District No. 2000-1 (Library Project) For Fiscal Year 2025-26 And Requesting The County Of San Mateo Collect The Special Tax On The Property Tax Rolls, Resolution 2025-044 Making Fiscal Year 2025-26 Amendments To The Master Revenue Schedule were unanimously approved by a roll call vote (5-0)

10. GENERAL BUSINESS (none)

11. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF
A. Verbal report from Councilmembers on Intergovernmental (IGR) and Subcommittee Assignments
Councilmembers reported on their IGR assignments.

8 City Council Meeting Minutes
June 10, 2025

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B. Verbal report from City Manager
City Manager Oskoui noted that traffic maybe impacted as summer infrastructure improvements projects begin.

12. MATTERS OF INTEREST/CLARIFICATION (none)

13. ADJOURNMENT at this time being 8:00 PM.

Submitted by,
Jozi Plut, City Clerk
9 City Council Meeting Minutes
June 24, 2024

Page 1 ends

COUNCIL REGULAR MEETING MINUTES
City Council Chambers City Hall, One Twin Pines Lane, Belmont, California JUNE 24, 2025

1. CALL TO ORDER 6:15 PM
ROLL CALL:

Councilmembers Present: Jordan, Latimerlo, McCune, Pang-Maganaris, Mates Councilmembers Absent: None

2. ITEMS BEFORE 7:00 PM
A. CLOSED SESSION 6:15 PM
Public Employee Performance Evaluation Government Code Section 54957(b) Titles: City Manager
B. STUDY SESSION (none)
C. SPECIAL SESSION/OTHER TOPICS
(none) ITEMS STARTING AT 7:00PM

3. PLEDGE OF ALLEGIANCE
Led by Mayor Julia Mates.

4. REPORT FROM CLOSED SESSION
City Attorney Rennie stated that no reportable action was taken.

5. SPECIAL PRESENTATIONS
A. Parks Make Life Better Proclamation
Major Mates read the proclamation and the Director of Parks and Recreation, Brigitte Shearer, gave a brief presentation.

B. Rethink Waste Trash to Art Contest Recognition
Emmy, from Rethink Waste, made a brief statement and introduced Vincent, the winner of the art contest. Vincent made a brief statement on his project.

6. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Neil Eison, Belmont property owner spoke to the difficulties in obtaining a Certificate of Compliance from the City.

Rick Loui, also spoke on the delays they have experienced in obtaining a Certificate of Compliance through the City.

7. COUNCILMEMBER ANNOUNCEMENTS
Council Member Latimerlo congratulated Elizabeth Tsachres, Communications and 10 City Council Meeting Minutes
June 24, 2024

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Community Affairs Office, on the “Rookie of the Year” award from the American Public Works Association of Silicon Valley. Council Member Latimerlo also congratulated City Manager, Afshin Oskoui, on the “Outstanding Service in a Public Agency” award from the American Public Works Association of Silicon Valley. Mayor Mates provided updates on upcoming community events.

8. CONSENT BUSINESS
A. 2023 Pavement Rehabilitation Project - Notice of Completion Pass a resolution (1) accepting work and authorizing the issuance of a Notice of Completion for the 2023 Pavement Rehabilitation Project, City Contract Number 2022-613 for a construction cost of $3,087,974.24, and (2) approving the transfer of
$200,000 from the 2025 Pavement Rehabilitation Project (Project No. 3117) to support closeout and staff time.

B. Twin Pines Park Belmont Creek Restoration - Deed Restriction Approve a motion authorizing the City Manager to execute a deed restriction for the project area of the Twin Pines Park Belmont Creek Restoration as required by the Proposition 68 Urban Streams Restoration Program Grant Agreement with the State of California Department of Water Resources.

C. Americans with Disability Act List of Project Improvements in Fiscal Year (FY) 2023- 24
Information only, no action required.

D. 604, 608, & 610 Harbor Boulevard – Final Parcel Map
Adopt a Resolution approving the Final Parcel Map and Subdivision Improvement Agreement for the construction of an approximately 111,654 square foot, 5- story residential apartment building at 604, 608, and 610 Harbor Boulevard and authorize the city manager to execute related maintenance and encroachment agreements for the project.

E. Monthly Financial Reports - March and April
2025 Motion to approve monthly financials.

F. Approve Minutes
Consider modifications and approve minutes.

G. 1506 Williams Avenue Summary Easement Vacation
Adopt a resolution approving a summary vacation of a 7-foot sanitary sewer construction and maintenance easement dedicated to the City across the property at 1506 Williams Avenue (APN 044-112-250).

Mayor Mates confirmed with City Manager Oskoui that item 9A (1506 Williams Avenue Summary Easement Vacation) would be moved from the Public Hearing section of the agenda to the Consent section of the agenda. Mayor Mates confirmed no public comment on this item.

ACTION: On a motion made by Councilmember McCune and seconded by Vice Mayor Pang-Maganaris the consent business was unanimously approved by a roll call vote (5-0).
11 City Council Meeting Minutes
June 24, 2024

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9. PUBLIC HEARINGS (none)

10. GENERAL BUSINESS
A. Ratification of San Mateo Consolidated (SMC) Fire Department Fire Code Amendments and Local Responsibility Area Fire Hazard Severity Zone Classifications
Director of Community Development, Carlos de Melo, gave a presentation to (1) Introduce an ordinance of the City of Belmont ratifying SMC Ordinance 2025-002 adopting the Local Responsibility Area (LRA) Fire Hazard Severity Zone (FHSZ) classification map applicable to the city as recommended by the California State Fire Marshal and ratifying SMC Ordinance 2025-001 amending California Fire Code regulations applicable to the FHSZ classifications.

Introduction Ordinance of the Belmont Fire Protection District ratifying SMC Ordinance 2025-002 adopting the LRA FHSZ classification map applicable to the district as recommended by the California State Fire Marshal and ratifying SMC Ordinance 2025-001 amending California Fire Code regulations applicable to the FHSZ classifications.

No public comments received.

ACTION: On a motion made by Councilmember Latimerlo and seconded by Councilmember Jordan this item was unanimously approved by a roll call vote (5-0).

Mayor Mates recessed the City Council meeting to the Belmont Fire Protection District meeting.

Mayor Mates confirmed no public comment on this item.

On a motion made by Director McCune and seconded by Vice Chair Pang-Maganaris this item was unanimously approved by a roll call vote (5-0).

Mayor Mates adjourned the Belmont Fire Protection District meeting and resumed the City Council meeting.

B. Strategic Communications Plan Update and Adoption
Communications and Community Affairs Office, Elizabeth Tsachres, gave a presentation providing a brief update on Belmont communications efforts over the past year and review of the new Strategic Communications Plan for adoption.

No public comment received.

Information only no action taken.
12 City Council Meeting Minutes
June 24, 2024

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11. BRIEF VERBAL REPORTS FROM MEMBERS AND STAFF (none)

12. MATTERS OF INTEREST/CLARIFICATION (none)

13. ADJOURNMENT at this time being 8:21 PM
Submitted by,
Courtney Brown, Administrative Assistant
13

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City Code Cleanup - Staff Report City Code Cleanup, Updates, and Enforcement Amendments

STAFF REPORT
Meeting Date: August 26, 2025
Agency: City of Belmont
Staff Contact: Scott Rennie, City Attorney
Agenda Title: Belmont City Code Cleanup, Updates, and Enforcement Amendments Agenda Action: Ordinance
Recommendation
Introduce an ordinance conforming the City Code to organizational changes, updating construction contracting award thresholds, streamlining and repealing unneeded city regulations, amending fireworks regulations, and adding requirements for the management of property.

Strategic Focus Area
Fiscal and Organizational Sustainability
Background
The Belmont City Code contains various provisions that describe or govern city operations. As city operational and enforcement needs evolve, these provisions occasionally require updates. Other city code provisions supplement state law regulations, and as state law changes, these provisions also require updating.

The City Code also includes provisions establishing standards for personal conduct in the community and on private property. Many of these regulations were adopted decades ago to address issues of concern at the time. Since then, some have been preempted or superseded by state or federal law, while others are no longer necessary to protect public health and safety. Staff recommends repealing or revising these outdated provisions to remove inefficiencies, unnecessary rules, and overly burdensome requirements.

Analysis
Construction Contract Dollar Thresholds
The California Public Contract Code governs how general law cities award public works construction contracts and offers an alternative procedure for cities to award these contracts when the city has adopted a local ordinance with provisions needed to use the alternative procedures. Belmont has chosen to use the alternative procedure. The alternative procedures give the city more flexibility in how lower dollar value construction contracts are awarded. The state periodically adjusts those dollar amounts. The amendments to the city’s purchasing regulations in City Code Chapter 2, Articles II and V update the description of the dollar thresholds by referring to the Public Contract Code so the amounts always match the changes by the state.

Parks, Recreation and Culture
As part of the City Council’s Strategic Planning session earlier this year and the ongoing reorganization 14

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City Code Cleanup - Staff Report City Code Cleanup, Updates, and Enforcement Amendments of departmental responsibilities, the City Manager has evaluated opportunities to better align City services with community priorities. The Parks and Recreation Department has been renamed the Parks, Recreation and Culture Department to reflect its expanded role in delivering arts, culture, and place-making initiatives that enrich the daily lives of Belmont residents. To ensure consistency, the City Manager also recommends renaming the Parks and Recreation Commission as the Parks, Recreation and Culture Commission. These changes build upon prior Council discussions and received Council support.

Repeal of Unused and Unneeded Regulations
The Police Department in consultation with the City Attorney’s Office reviewed the City Code for permit requirements and regulations that are either preempted or ineffective local regulations that no longer serve a purpose. The following are proposed for repeal.

Dances and Dancing (BCC Sections 4-16 through 4-24) – Adopted more than 60 years ago, these provisions require a permit from the city council for dancing in public halls, rooms, restaurants, or hotels.

Such a permit has not been applied for or issued in decades.

Mechanical Amusement Devises (BCC Sections 4-36 through 4-51) – Adopted before the 1961 City Code codification, these provisions regulate businesses with pinball machines and other coin-operated mechanical amusement devices used for games or contests. The regulations appear intended to discourage gambling and to require a business license (tax). Belmont has not had these sorts of businesses for decades.

Bicycles (BCC Chapter 6) – These provisions authorize a voluntary bicycle registration system through the police department, require minors wear helmets on public streets, and require bicycles meet certain equipment and performance standards. The registration system is not used and the helmet and operation requirements duplicate state law (Veh. Code Sections 21201, 21203, 21204 and 21212).

Fortunetelling (BCC Chapter 10) – Adopted before the 1961 City Code codification, these provisions established permit and regulatory requirements for fortunetelling and occult practices businesses. For a number of years Belmont had a single such business that operated without any complaints, and no new prospective businesses have inquired or applied for decades.

Escort service businesses (BCC Section 15-2) - Adopted before the 1961 City Code codification, these provisions established permit and regulatory requirements for businesses that provide a person to accompany the client to social or private settings. Such a permit has not been applied for or issued in decades.

Speed of trains (BCC Section 15-5) - Adopted decades before Ralston Avenue and Harbor Boulevard rail crossings were grade separated; this provision limits the speed of trains at these former crossing. The provision is no longer needed and most likely preempted by federal law.

Rock crushing (BCC Section 15-6) - Adopted in 1957, this provision prohibits rock crushing in the city.

As the city’s zoning regulations do not permit such industrial uses, this provision is unnecessary.

Switchblades and dangerous weapons (BCC Sections 15-20 – 15-26) - These provisions prohibitions 15

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City Code Cleanup - Staff Report City Code Cleanup, Updates, and Enforcement Amendments related to various weapons duplicate Penal Code provisions and are unnecessary.

Direct connect alarms (BCC Sections 18-69 and 18-70). These provisions allow the chief of police to approve an alarm company’s applicant to directly connect to the police department alarm system.

However, it has been the policy of the department for decades to not allow such connections.

Regulatory Streamlining and Enforcement Amendments
Charitable Bingo (BCC Chapter 4, Article IV) - These provisions create a permit and regulatory scheme for bingo games which only charitable organizations and senior groups are allowed to hold. Staff propose eliminating most requirements including the permit as unnecessary for public health and safety.

Fireworks and blasting permits (BCC Sections 15-7 and 15-8) - Current city regulations prohibit discharging fireworks in the city but do not address sales or possession. Previously, Belmont Fire Protection District fire code regulations adopted every three years, but no longer in effect, prohibited sales and possession as well as discharge of fireworks in the city. Staff propose amendments to the City Code that would replace the existing text with the prohibitions on discharge, sales and possession previously adopted by the District. This amendment will continue the City’s long standing policy of prohibiting the sales, possession and use of fireworks in the city.

Management of property (New BCC Section 15-6) - City staff occasionally encounter difficulties abating City Code violations occurring at rented property, property with absentee owners, and property where the objectional conditions or conduct are brought about by a person other than the owner. To aid in enforcement of code violations occurring on real property, staff propose a code amendment to require any person that owns, possesses or controls real property to manage and use the property in a manner that does not violate city codes and to prevent others from maintaining conditions or uses on the property that violate city codes or otherwise constitute a public nuisance.

Unclaimed property (BCC Section 18-35) – The proposed amendment will align the city’s current regulations for holding unclaimed property to the shorter 90-day time period in state law.

Alternatives

1. Direct Changes

2. Take no action
Attachments
A. Draft Ordinance
Fiscal Impact
☒ No Fiscal Impact
☐ Funding Source Confirmed:

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
16

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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY OF BELMONT AMENDING BELMONT CITY CODE

CONFORMING THE CITY CODE TO ORGANIZATIONAL CHANGES, UPDATING

CONSTRUCTION CONTRACTING AWARD THRESHOLDS, STREAMLINING AND

REPEALING UNNEEDED CITY REGULATIONS, AMENDING FIREWORKS

REGULATIONS, AND ADDING REQUIREMENTS FOR THE MANAGEMENT OF

PROPERTY
THE CITY COUNCIL OF THE CITY OF BELMONT DOES ORDAIN AS FOLLOWS:

SECTION 1. BCC § 2-29 AMENDED
Belmont City Code Chapter 2, Article II, section 2-29 is amended to read:
(a) – (f) [text unchanged]
(g) Public Project Construction.
(1) Any contract for public project construction in an up to the amount of set forth in Public Contract Code Section 22032(b).$200,000 or less. (2) The dollar limit of authority in subsection (g)(1) is intended to match the dollar limit in Section 2-146 as indexed to Public Contract Code Section 22032(b). Amendments or adjustments in the monetary limit expressed in Public Contract Code Section 22032(b) after the effective of the ordinance that adopted this section apply when greater than the amount expressed in (g)(1).
(h) Private Development Construction.
(1) Improvement agreements for construction of public improvements required as a condition of a final map approved by the city council.
(2) Any contract for private development construction with public improvements of an estimated cost of $200,000220,000 or less.

SECTION 2. BCC § 2-30 AMENDED
Belmont City Code Chapter 2, Article II, section 2-30 is amended to read:

Sec. 2-30 Administrative regulation of city property
(a) The city manager may promulgate administrative regulations governing the use of city property. Administrative regulations governing the conduct of the public on city property are not effective until personally signed by the city manager. For regulations specific to city parks, the city manager shall should consult with the parks, and recreation and culture commission before finalizing a new regulation or significant amendment to an existing regulation, except under exigent circumstances or when directed by the city council to finalize and implement a new or amended regulation.

Formatted: BCC § L1 (a)
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(b) – (e) [text unchanged]
SECTION 3. BCC § 2-107 AMENDED
Belmont City Code Chapter 2, Article V, section 2-107 is amended to read:

Sec. 2-107 Services contracts
(a) The bid procedures, including the open market purchasing procedures in Division 2 and the formal contracting procedures in Division 3, of this article do not apply to contracts involving the acquisition of personal services and contractual services. Whenever the cost of the work to be performed is of an estimated value in excess of the amount specified byin council resolutionsection 2-29(c), selection of providers for such services will be made by an evaluation of proposals solicited from capable providers and subject to approval by the city council. This section does not prohibit the city manager from requiring proposals for work with an estimated cost of less than the council specified amount if, in the discretion of the city manager, selection based upon the evaluation of proposals would better serve the interests of the city. Evaluation of best value may be determined on factors other than price, including contractor reliability, expertise, availability, timeliness of delivery and operating efficiency.
(b) [text unchanged]
SECTION 4. BCC § 2-120 AMENDED
Belmont City Code Chapter 2, Article V, section 2-120 is amended to read:

Sec. 2-120 Requirements for purchase
Except as otherwise provided in this chapter, purchases and contracts for supplies and equipment , which are equal to or in excess of the bid requirement amount specified by council resolutiongreater than the amount in section 2-29(d), shall be by written contract with the lowest responsive and responsible bidder pursuant to the under the bidding procedures described in this division.

SECTION 5. BCC § 2-143 REPEALED
Belmont City Code Chapter 2, Article V, section 2-143 is repealed.

SECTION 6. BCC § 2-145 REPEALED
Belmont City Code Chapter 2, Article V, section 2-145 is amended to read:

Sec. 2-145 Small projects.
(a) Dollar threshold. Small public project construction means construction projects in anup to the amount set forth in Public Contract Code Section 22032(a), as amended.of $60,000 or less.
(b) Procedure. The contract authority may select a contractor and issue the contract for 18

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Ssmall public project construction may be let under the open market purchase procedures in this article, except that section 2-115 shall not apply. Small public project construction may be performed by city employees by force account, by negotiated contract, or by purchase order.

SECTION 7. BCC § 2-146 AMENDED
Belmont City Code Chapter 2, Article V, section 2-146 is amended to read:

Sec. 2-146 Informal bidding.
(a) Dollar threshold. Informally bid public project construction means construction projects that are more than the dollar threshold for small project construction and up to the amount set forth in Public Contract Code Section 22032(b), as amended. (b) Procedure. The contract authority may let select a contractor for informally bid public project construction and issue the contract in an amount more than $60,000 and up to $200,000 in accordance with the informal bid process provided in this section to the lowest responsible bidder. If two or more bids are the same and the lowest, the contract authority may accept the one it chooses.
(b) Bidder's list. The purchasing officer shall develop and maintain a list of qualified contractors identified according to categories of work in accordance with Public Contract Code Section 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(c) Notice inviting informal bids. At least 10 calendar days before the bid deadline, the purchasing officer shall mail, fax, or email a notice inviting informal bids to either:
(1) All the qualified contractors on the relevant bidders list unless the product or service is proprietary, or
(2) All construction trade journals specified by the California Uniform Construction Cost Accounting Commission under Public Contract Code Section 22036. (d) Notice contents. The notice required by subsection (c) shall:
(1) Describe the project in general terms and how to obtain more detailed information about the project; and
(2) State the time and place for the submission of bids. (e) Exceeding dollar limit. If all bids received for an informally bid public construction project are in excess of $200,000exceed the amount in subsection (a) , the city council may, by passage of a resolution by a four-fifths vote, award the contract, at $212,500 or lessif with the amount set forth in Public Contract Code Section 22034(d), to the lowest responsible bidder, if it determines that the original cost estimate of the city was reasonable.

SECTION 8. BCC § 2-147 AMENDED
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Belmont City Code Chapter 2, Article V, section 2-147 is amended to read:

Sec. 2-147 Formal bidding.
(a) Dollar threshold. Formally bid public project construction means construction projects that are more than the amount set forth in Public Contract Code Section 22032(c), as amended.
(b) Procedure. The contract authority may let formally bid public project construction in an amount more than $200,000 in accordance with the formal bidding process in Public Contract Code Section 22037 and the provisions governing formal bidding in this divisionBCC Sections 2-148 and 2-149(a).
(cb) The purchasing officer shall publish a notice inviting sealed, formal bids. The notice shall:
(1) Be mailed and either faxed or emailed at least 15 days before bid opening to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission under Public Contract Code Section 22036; (2) Be published at least 14 days before bid opening in a newspaper of general circulation in the city;
(3) State the time and place for receiving and opening of sealed bid; and (4) Distinctly describe the project.

SECTION 9. BCC § 2-166 AMENDED
Belmont City Code Chapter 2, Article VI, section 2-166 is amended in part as follows:

Sec. 2-166 Established city advisory bodies
(a) [text unchanged]
(b) Parks, and recreation and culture commission.
(1) A parks, and recreation and culture commission consisting of a minimum of five voting members and a maximum of seven voting members and two non-voting youth members is created. The two non-voting youth members must be at least 13 years old, and no more than 17 years old at the time of appointment ("youth commissioners") and must present parental/guardian consent to be considered for appointment. The youth members may not receive compensation and serve only in an advisory capacity. (2) Parks, and recreation and culture commission appointments are for one year for a youth commissioner and two years for other members unless otherwise determined by the city council.
(3) The duties of the parks, and recreation, and culture commission are as follows:
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(A) Advise the city council on the adoption and amendment of policies and programs in the general plan related to city recreation and open space in accordance with Government Code Sections 65353 and 65354.
(B) Advise the parks and recreation department on standards for and matters related to development of recreational areas, facilities, parks and programs. (C) Assist the parks, and recreation and culture department in making periodic inventories of recreational services and facilities and parks that exist or may be needed, and interpret such matters to the public and the city council. (D) Advise the parks, and recreation and culture department in the preparation of the annual budget and long-range recreation and park capital improvement program. (E) Advise the public works department regarding bicycle and pedestrian projects eligible for Transportation Development Act local transportation funding and the development of comprehensive bicycle plans.
(F) Perform such other duties as may be assigned to the commission by the city council. (4) Regular meetings of the parks, and recreation and culture commission take place on the 1st Wednesday of the month.

SECTION 10. BCC CHP 4, ARTICLE II REPEALED
Belmont City Code Chapter 4, Article II (Dances and Dancing), including sections 4-36 through 4-51, is repealed.

SECTION 11. BCC CHP 4, ARTICLE III REPEALED
Belmont City Code Chapter 4, Article III (Mechanical Amusement Devices), including sections 4-36 through 4-51, is repealed.

SECTION 12. BCC §4-65 AMENDED
Belmont City Code Chapter 4, Article IV (Charitable Bingo), section 4-65 is amended to read:

Sec. 4-65 Permit Bingo Games
Only charitable organizations or senior citizens groups may obtain a permit to operate or conduct a bingo game. No bingo game may be conducted without first obtaining a permit from the police chief.

SECTION 13. BCC §4-66 AMENDED
Belmont City Code Chapter 4, Article IV (Charitable Bingo), section 4-65 is amended to read:
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Sec. 4-66 Evidence of tax-exempt status to accompany license application.

Any A charitable organization applying for a bingo license shalloperating or conducting a bingo game must submit to the chief of police upon demand with its application therefor a certification from the franchise tax board of tax-exempt status under Revenue and Taxation Code section 23701d of the Revenue and Taxation Code of the State of California, andor a certification from the United States Internal Revenue Service that a contribution or gift to the applicant organization would be a charitable contribution under United States Code Title 26, section 170(c)(2) of the United States Internal Revenue Code of 1954, as amended.

SECTION 14. BCC §4-67 THROUGH 4-73 REPEALED
Belmont City Code Chapter 4, Article IV (Charitable Bingo), sections 4-67 through 4-73 are repealed.

SECTION 15. BCC CHP 6 REPEALED
Belmont City Code Chapter 6 (Bicycles), including sections 6-1 through 6-12, is repealed.

SECTION 16. BCC CHP 10 REPEALED
Belmont City Code Chapter 10 (Fortunetelling and Occult Practices), including sections 10-1 through 10-11, is repealed.

SECTION 17. BCC § 15-2 REPEALED
Belmont City Code Chapter 15, Article I, section 15-2 (Escort service businesses) is repealed.

SECTION 18. BCC § 15-5 REPEALED
Belmont City Code Chapter 15, Article I, section 15-5 (Speed of trains) is repealed.

SECTION 19. BCC § 15-6 REPEALED
Belmont City Code Chapter 15, Article I, section 15-6 (Rock crushing) is repealed.

SECTION 20. BCC § 15-6 ADDED
Belmont City Code Chapter 15, Article I, section 15-6 is added to read:

Sec. 15-6 Management of Property
Every person who owns, possesses or controls real property must manage and use the property and cause others that may possess, manage, or control the property to manage and use the property in a manner that avoids violation of this code and prevents others from maintaining conditions on the property prohibited by this code or using the property in a manner prohibited by this code or otherwise constitutes a public nuisance. Notwithstanding anything in common law to the contrary, a person who owns, possesses or controls real property is not relieved by the terms of any lease, property management agreement, or other Formatted: FMC § Level (a)
22

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agreement, or the right of any other person to exclusive possession and control of the real property, from complying with this section.

SECTION 21. BCC § 15-7 AMENDED
Belmont City Code Chapter 15, Article I, section 15-7 is amended to read:

Sec. 15-7 Fireworks
It shall be unlawful for any person to fire or discharge within the city, or to cause to be fired or discharged, within the city, any firecrackers, fireworks of explosive nature or explosives of any kind whatsoever, excepting in accordance with the provisions of this article. (a)(1) It is unlawful for any person to sell, store, possess or discharge any fireworks, including dangerous fireworks, agricultural fireworks, or safe and sane fireworks, in the City of Belmont.
(2) It is unlawful to use or to allow the use of any real property in the City for the purpose of selling, storing, possessing or discharging any fireworks, including dangerous fireworks, agricultural fireworks, or safe and sane fireworks.
(3) Unlawful use of fireworks is a public nuisance and ever property where fireworks are unlawfully used is a public nuisance.
(b) As used in this article, the words “dangerous fireworks,” “fireworks,” and "safe and sane fireworks” are defined as set forth in California Health and Safety Code Sections 12505, 12511, and 12529, respectively.
(c) Subsection (a) does not apply to:
(1) Fireworks that are used by railroads or other transportation agencies for signaling or illumination.
(2) The sale or use of blank cartridges for theatrics, signaling or ceremonial purposes. (3) The sale, use, or possession of party poppers, cap guns, and paper caps. (4) The use of fireworks by the United States Armed Forces. (5) The storage or handling of fireworks as required for explosives, which are regulated by California Fire Code as locally amended.
(6) The storage, use and handling of fireworks for public display for which a permit has been issued as set forth in the California Fire Code as locally amended. (7) The storage, use and handling of fireworks for pyrotechnic special effects which are regulated by California Fire Code as locally amended.
(8) The sale, storage or use of Agricultural Fireworks, as defined by Health & Safety Code Section 12503, which are regulated by the State Fire Marshal.

Formatted: BCC § L2 (1)
23

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SECTION 22. BCC § 15-8 REPEALED
Belmont City Code Chapter 15, Article I, section 15-8 (Same—Blasting permits) is repealed.

SECTION 23. BCC § 15-9 REPEALED
Belmont City Code Chapter 15, Article I, section 15-9 (Sales to or possession of fireworks by minors restricted) is repealed.

SECTION 24. BCC § 15-20 THROUGH 15-26 REPEALED
Belmont City Code Chapter 15, Article II, Division 1, including sections 15-20 through 15-26 pertaining to switchblades and dangerous weapons is repealed.

SECTION 25. BCC § 17-107 AMENDED
Belmont City Code Chapter 17, Article IV, Section 17-107 is amended to read:
(a) Parks, and recreation and culture commission review. Before the approval of any tentative map with fifty (50) or more units, any condominium project with fifty (50) or more dwelling units, any tentative map or tentative parcel map where parkland dedication is proposed or improvements to dedicated parkland are proposed, or any tentative map or tentative parcel map where a credit for private recreational facilities is proposed, the park, and recreation, and culture commission shall consider, after a report and recommendation from the park, and recreation, and culture director, whether land should be dedicated, whether in-lieu fees should be paid by the subdivider, whether improvements should be made to neighborhood or community parks or dedicated land, whether a credit should be given for private recreational facilities, or any combination, in accordance with the standards in this article and the criteria listed in this section. The recommendation of the park, and recreation and culture commission shall be submitted to the approving body in its review of the tentative map or tentative parcel map.
(b) – (g) [text unchanged]
SECTION 26. BCC § 18-35 AMENDED
Belmont City Code Chapter 18, Article III (Unclaimed Personal Property) section 18-35 is amended to read:

Sec. 18-35 Receipt ofPersonal property holding period; to be held six months except when title is proved.

The police department or other city department, upon finding or receipt of any personal property, including bicycles, the ownership of which is unknown to the department, must shall note the date thereof in the records of the department, and shall hold suchthe property in some safe place for six (6) months 90 days from such finding or receipt of such property, unless title and right to possession thereof is proven to the department.

SECTION 27. BCC § CHP 18, ART. VI REPEALED
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Belmont City Code Chapter 18, Article VI (Direct Connect Police Alarm Board), including sections 18-69 and 18-70, is repealed.

SECTION 28. EFFECTIVE DATE.

This Ordinance takes effect and will be enforced 30 days after its adoption. * * *
The City Council of the City of Belmont, California introduced the foregoing ordinance, on [insert date], 2012 and adopted the ordinance at a regular meeting held on [insert date], 2012 by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk

Mayor
APPROVED AS TO FORM:

City Attorney
25

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Renewal of an Agreement with the City of Redwood City for use of its Training Facility - Staff Report - Renewal of an Agreement with the City of Redwood City for use of its Training Facility

STAFF REPORT
Meeting Date: September 9, 2025
Agency: City of Belmont
Staff Contact: Ken Stenquist, Police Department, (650) 595-7404, [email protected] Agenda Title: Renewal of an Agreement with the City of Redwood City for use of its Training Facility
Agenda Action: Resolution
Recommendation
Adopt a resolution authorizing the City Manager to execute a 3-year renewal of the rental agreement with the City of Redwood City for the use of its firearms training facility.

Strategic Focus Area
Public Safety
Background
The City of Redwood City firearms training facility is used for mandated firearms training and qualifications by sworn police personnel. The Belmont Police Department has used this facility for over two decades to meet the training and qualification needs for staff. The current agreement expired on June 30, 2025 and staff seeks to renew the agreement for use of this facility. This agreement would be effective from July 1st, 2025 to June 30th, 2028.

While there are other firearms training facilities available for use, the City of Redwood City facility is the most cost effective and allows the most flexibility to meet the needs of police personnel.

Analysis
The Belmont Police Department staff negotiated an hourly rate for use of Redwood City’s firearm training facility of $75.00 per hour for the first year of the agreement, increasing $2 per hour each year. The agreement includes use of the facility for 200 hours each year. The cost of the agreement is July 1, 2025 – June 30, 2026: $75.00 per hour (200 hrs. x $75.00 = $15,000) July 1, 2026 – June 30, 2027: $77.00 per hour (200 hrs. x $77.00 = $15,400) July 1, 2027 – June 30, 2028: $79.00 per hour (200 hrs. x $79.00 = $15,800) The total cost of the agreement over the three-year term is $46,200.

Alternatives

1. Take No Action

2. Return to Staff with Direction
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Renewal of an Agreement with the City of Redwood City for use of its Training Facility - Staff Report Attachments
A. Resolution
B. Range Agreement
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

Funding for the first year of the three-year agreement has been incorporated into the current FY 2025-26 budget. Funding for the remaining two years of the agreement will be incorporated each year as part of the annual budget development process and subject to Council approval (Account# 101-2-601-8351).

Source: Purpose: Public Outreach:

Staff Discretionary Action Posting of Agenda
27

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RESOLUTION NO. 2028 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE

AGREEMENT WITH THE CITY OF REDWOOD CITY FOR USE OF ITS TRAINING FACILITY FOR A 3 YEAR TERM EXPIRING JUNE 30, 2028
WHEREAS, the Belmont Police Department is required to provide firearms training for sworn personnel; and,
WHEREAS, the Belmont Police Department has been utilizing the Redwood City Police Department firearms training facility for over two decades; and, WHEREAS, the Belmont Police Department entered into an agreement with the City of Redwood City to use their firearms training facility which expired on June 30th, 2025.

NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. The City Manager is authorized to extend the agreement with the City of Redwood City for use of their firearms training facility for 3 years expiring June 30, 2028. * * *
ADOPTED September 9, 2025 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:

ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
28 REV: 05-13-25 LR

FIREARMS TRAINING FACILITY AGREEMENT
Belmont
THIS AGREEMENT is made by and entered into this __ day of ______, 2025 between the CITY OF REDWOOD CITY, a charter city and municipal corporation of the State of California ("City") and the CITY OF BELMONT, a municipal corporation of the State of California ("User'').

RECITALS
WHEREAS, City has constructed and operates a police training facility and pistol range located at 1301 Maple Street, Redwood City, California; and WHEREAS, City has a full-time employee as a Firearms Training Coordinator responsible for such facility and range; and
WHEREAS, City has promulgated certain rules and regulations concerning safety, hours of operation, and general use of the facilities; and WHEREAS, User seeks to use the training facility and pistol range at such times specified, including times when said facility would otherwise be closed and not in use; and
WHEREAS, it is the desire of User to provide its own training supervisor, but it is the intent of both parties that the City's Firearms Training Coordinator shall have paramount authority over the supervision of the training facility and pistol range.

NOW, THEREFORE, the parties hereto agree as follows:

1. City agrees to allow those officers, employees or agents of User listed upon an authorization sheet supplied by User to use all equipment and facilities at the City’s pistol range during the hours specified herein.

2. User agrees to provide City with a list of all persons authorized to use the facilities as an officer, employee, or agent of User. Additions or deletions from the authorization list shall be provided to City on a monthly basis. User shall take any and all reasonable measures to assure that only persons specified on the authorization list shall be permitted to use the training facilities and pistol range. The lists are provided to City for informational purposes only and City shall have no obligation to screen or to otherwise evaluate the qualifications of the listed persons to use the training facility or pistol range.

Such screening procedures shall be the sole responsibility of User.

3. All officers, employees and agents of User shall strictly comply with all published rules and regulations of City and with any order or directive of City's Firearms Training Coordinator.

ATTY/AGR.2025.109/City of Belmont (Firearms Range Agreement FY 2025-2028) (Page 1 of 6) 29 REV: 05-13-25 LR

4. The City's Firearms Training Coordinator shall have full authority to close the facility and range at any time for any purpose. The City's Firearms Training Coordinator shall have full authority to exclude any person from use of the facility for violation of any rules or regulations relating to safety.

5. User may utilize the training facility and pistol range as needed during such time as the facility would otherwise not be in use by City personnel or other contracting agencies. City reserves the exclusive right to determine the hours of operation of the training facility and pistol range.

6. This Agreement shall be for the period of July 1st, 2025, and ending June 30, 2028, subject to cancellation without cause by either party upon providing thirty (30) days written notice to the other party. Special events proposed to be conducted by User requiring the exclusive uses of the facilities may be authorized by City upon submittal of a request to the City's Firearms Training Coordinator and approval thereof by City's Firearms Training Coordinator.

7. City agrees to remain solely responsible for the normal maintenance and repair of the facilities. User agrees to pay City any and all reasonable costs resulting from the destruction or partial destruction of the training facility and pistol range which is caused as the result of the use of User of said facility. In consideration for the use of this pistol range, User agrees to pay City a flat rate amount of $46,200.00 as itemized below:

July 1st, 2025 to June 30, 2026 = flat rate amount of $15,000.00 (200 hours x $75.00/hour)
July 1st, 2026 to June 30, 2027 = flat rate amount of $15,400.00 (200 Hours x $77.00/hour)
July 1st, 2027 to June 30, 2028 = flat rate amount of $15,800.00 (200 Hours x $79.00/hour)
User agrees to pay the flat rate amount upon receipt of an invoice from City at the end of each time period described above.

No shorter period for use of the pistol range shall be provided.

8. User also agrees to provide all items for training including, but not limited to, ammunition, targets, weapons, etc.

9. User must provide a certified range master or certified training supervisor to conduct such training. Such person must be present throughout the use of the pistol range by User. Such person also must be approved by the City's Firearms Training Coordinator prior to the conduct of User's training.

10. City shall not be liable for any loss, damage or injury of any kind whatsoever to User or its property, or to any of User's officers, employees, agents, guests or invitees, or any other person whomsoever, caused by any use of the training facility or pistol range, ATTY/AGR.2025.109/City of Belmont (Firearms Range Agreement FY 2025-2028) (Page 2 of 6) 30 REV: 05-13-25 LR
or by any defect in any building, structure or any other improvement constructed thereon, or arising from any accident on said premises or any fire or other casualty thereon, or occasioned by the failure on the part of User to maintain, use, supervise, or regulate the premises in a safe manner, or by any act or omission of User or of any of User's officers, employees, agents, guests, or invitees, or arising from any other cause whatsoever. User hereby waives, releases, and discharges any and all claims and demands against City, its officers, boards and commissions, employees, agents, and volunteers for any such loss, damage or injury of User. User hereby agrees to defend, indemnify and hold harmless City, its officers, boards and commissions, employees, agents and volunteers from and against any and all claims, damages, losses and expenses including attorney fees arising out of the use of the premises by User, its officers, employees, agents, guests or invitees, caused or claimed to be caused by the acts, errors and/or omissions of User, its officers, employees, agents, guests or invitees or anyone for whose acts any of them may be liable (“Responsible Parties”). User’s responsibilities under this section include liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of City, which may be in combination with the acts or omissions of any Responsible Party, provided that User’s duty to indemnify will not include any Losses arising from the sole negligence or willful misconduct of City.

11. User agrees that any and all of its officers, employees, agents or other personnel that may utilize the facility are not employees of the City of Redwood City.

Should any officer, employee, agent, or other personnel of User submit a claim for any injury or cumulative trauma, including but not limited to hearing loss, arising out of his/her employment relationship with User relating to the use of the City's facility, User will indemnify, defend and hold City, its officers, boards and commissions, officials, agents, volunteers and employees harmless from all such claims, whether made by way of civil litigation, arbitration, through the worker's compensation forum, or any other administrative, judicial or court proceeding.

12. User agrees to comply with the insurance requirements set forth by the City Risk Manager in Exhibit A, attached to this Agreement and incorporated by reference.

City acknowledges that User is self-insured pursuant to California Government Code 990.4.
(Signature page follows)
ATTY/AGR.2025.109/City of Belmont (Firearms Range Agreement FY 2025-2028) (Page 3 of 6) 31 REV: 05-13-25 LR
CITY:

CITY OF REDWOOD CITY,
a charter city and municipal corporation of the
State of California
By:

Melissa Stevenson Diaz, City Manager
Attest:

Yessika Castro, City Clerk
USER:

CITY OF BELMONT,
a municipal corporation of the State of
California
By:

Afshin Oskoui, City Manager
Attest:

Jozi Plut, City Clerk
ATTY/AGR.2025.109/City of Belmont (Firearms Range Agreement FY 2025-2028) (Page 4 of 6) 32 REV: 05-13-25 LR
Exhibit “A”
Insurance

11. Insurance. User shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the Services by User or User’s agents, representatives, employees or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not less than “A-:VII”.

11.1 Coverages and Limits. User, at its sole expense, shall maintain the types of coverages and minimum limits indicated below. These minimum amounts of coverage will not constitute any limitations or cap on User's indemnification obligations under this Agreement.

11.1.1 Commercial General Liability Insurance. User shall maintain occurrence based coverage with limits not less than $2,000,000 per occurrence. If the submitted policies contain aggregate limits, such limits will apply separately to the Services, project, or location that is the subject of this Agreement or the aggregate will be twice the required per occurrence limit. The Commercial General Liability insurance policy shall be endorsed to name the City, its officers, agents, employees and volunteers as additional insureds, and to state that the insurance will be primary and not contribute with any insurance or self-insurance maintained by the City.

11.1.2 Business Automobile Liability Insurance. User shall maintain coverage with limits not less than $1,000,000 per each accident for owned, hired and non-owned automobiles.

11.1.3 Workers' Compensation and Employer's Liability Insurance. User shall maintain coverage as required by the California Labor Code and Employer’s Liability limits with limits not less than $1,000,000 per each accident for bodily injury or disease. The Worker’s Compensation policy shall contain an endorsement stating that the insurer waives any right to subrogation against the City, its officers, agents, employees, and volunteers.

11.2. Notice of Cancellation. This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without User providing thirty (30) days prior written notice to City sent pursuant to the Notice provisions of this Agreement.

11.3 Providing Certificates of Insurance and Endorsements. Prior to City’s execution of this Agreement, User shall provide to City certificates of insurance and above-referenced endorsements sufficient to satisfaction of City’s Risk Manager. In no event shall User commence any work or provide any Services under this Agreement until certificates of insurance and endorsements have been ATTY/AGR.2025.109/City of Belmont (Firearms Range Agreement FY 2025-2028) (Page 5 of 6) 33 REV: 05-13-25 LR
accepted by City’s Risk Manager.

11.4 Failure to Maintain Coverage. If User fails to comply with these insurance requirements, then City will have the option to declare User in breach

11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete copies of any or all required insurance policies and endorsements.

11.6 Self-Insurance. Notwithstanding the above, both Parties will have the right to self-insure against any and all perils and/or liabilities against which it would otherwise be required to insure and will also have the right to effect any such insurance by means of so called “blanket” or “umbrella” policies of insurance.

ATTY/AGR.2025.109/City of Belmont (Firearms Range Agreement FY 2025-2028) (Page 6 of 6) 34

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BV Bicycle Improvements Project - Authorize Bid and Approve Plans - Staff Report

STAFF REPORT
Meeting Date: September 9, 2025
Agency: City of Belmont
Staff Contact: Brian Nguyen, Public Works, (650) 637-2998, [email protected] Agenda Title: Belmont Village Bicycle Improvement Project – Plans and Specifications Approval, Bid and Construction Award Authorization
Agenda Action: Resolution
Recommendation
Adopt a resolution approving plans and specifications, authorizing advertisement for sealed bids, authorizing the City Manager to negotiate and execute a contract with the lowest responsible and responsive bidder for an amount not to exceed $211,520 plus a ten percent construction contingency for the Belmont Village Bicycle Improvement Project, City Contract Number 2025-638.

Strategic Focus Area
Infrastructure and Mobility
Background
In 2016, the City Council adopted the City of Belmont 2016 Comprehensive Pedestrian/Bicycle Plan. The plan provided operational planning and guiding principles to improve walking and biking as modes of travel for both commuting and recreational purposes. The primary objective of the plan is to increase usage of public facilities by pedestrians and bicyclists with benefits in health, reduction in vehicular traffic, air pollution, and energy consumption.

In 2017, the City Council approved the Belmont Village Specific Plan (BVSP). The BVSP updated land use in the downtown and transit-oriented core area to accommodate planned affordable housing and multifamily mixed use developments. Several new multi-family developments have been built or are under construction since BVSP update. The pedestrian and bicyclist activity are steadily increasing within the city limits and particularly around the Belmont Village core.

In August 2022, San Mateo County Transportation Authority (SMCTA) announced the Cycle 6 Pedestrian and Bicycle Program to help fund local projects that improve accessibility and safety for walking and bicycling. City staff has an action plan to implement the recommendations set forth by both the Comprehensive Pedestrian/Bicycle Plan and the BVSP with the Belmont Village Pedestrian/Bicycle Improvement Project (Project). On September 25, 2024, the Metropolitan Transportation Commission (MTC) approved allocation of Transportation Development Act (TDA) funds to the City for FY 2024-25 in the amount of $330,000 to help fund the project.

In May 2025, The Belmont Village Bicycle Improvement Plans were shared at the quarterly Parking, Traffic, and Safety Committee meeting, where the public response was generally positive and no 35

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BV Bicycle Improvements Project - Authorize Bid and Approve Plans - Staff Report significant objections were raised.

Additionally, in May 2025, notices were sent to property owners and residents along Ralston Avenue adjacent to on-street parking that will be removed as a result of this project and the City did not receive major objections to the project. Belmont Public Works received a request from one business at 562 Ralston Avenue that asked to remove timed parking along Masonic Way to mitigate the loss of on-street parking along Ralston; the Parking and Traffic Safety Committee reviewed the request and determined that the timed parking could not be removed because of the unwanted prolonged parking due to the close vicinity of the Caltrain station.

Analysis
The Belmont Village Bicycle Improvements propose to install Class II Bicycle facilities (striped buffered bike lane) along Ralston Avenue, Sixth Avenue, Fifth Avenue, and Emmet Avenue and a Class III (bicycle boulevard) along Hiller Street and O'Neill Avenue. These streets currently offer limited or no dedicated bicycle facilities, creating challenges for cyclists along Belmont’s busy corridors. Through the QuickBuild Belmont Village Bicycle Improvements Project, the City is proactively enhancing safety and connectivity for bicyclists while advancing the recommendations and strategic goals of the 2016 City of Belmont Comprehensive Pedestrian and Bicycle Plan. This effort also aligns with the 2021 C/CAG San Mateo County Comprehensive Bicycle and Pedestrian Plan, reinforcing Belmont’s commitment to a safer, more accessible, and sustainable transportation network. (See Attachment A – 100% Plans for reference.) The total engineer’s estimate for the project is $211,520. The project construction is expected to start December 1 and is estimated to take 20 working days.

The project is categorically exempt from the California Environmental Quality Act (CEQA) under the CEQA Section 15301(c) because the project performs maintenance, repair, or minor alteration of existing facilities.
36

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BV Bicycle Improvements Project - Authorize Bid and Approve Plans - Staff Report Alternatives

1. Take no action

2. Refer back to staff for more information
Attachments
A. Project Plans
B. Project Specifications
Fiscal Impact
☐ No Fiscal Impact
☒ Funding Source Confirmed:

The total estimated construction cost is $211,520 plus a ten percent construction contingency. Funding is budgeted Capital Improvement Program (CIP) Belmont Village Bicycle
Improvement Project# 3239 (Account No. 399-3-730-3239-
9030) and is supported by multiple sources including TDA grant funding and Measure A.

Source: Purpose: Public Outreach:

Staff Council Vision/Priority Posting of Agenda

37

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RESOLUTION NO. 2025 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELMONT

APPROVING PLANS AND SPECIFICATIONS, AUTHORIZING ADVERTISEMENT

FOR SEALED BIDS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND

EXECUTE A CONTRACT WITH THE LOWEST RESPONSIBLE BIDDER FOR AN AMOUNT NOT TO EXCEED $211,520 PLUS A TEN PERCENT CONSTRUCTION

CONTINGENCY FOR THE BELMONT VILLAGE BICYCLE IMPROVEMENT PROJECT, CITY CONTRACT NUMBER 2025-638.

WHEREAS, the Department of Public Works has prepared plans and specifications for the Belmont Village Bicycle Improvement Project, CCN 2025-638; and, WHEREAS, the project is categorically exempt from the California Environmental Quality Act (CEQA) under the CEQA Section 15301(c) because the project performs maintenance, repair or minor alteration of existing facilities; and, WHEREAS, the project was budgeted from the Account Number 399-3-730-3239-9030 (Belmont Village Bicycle Improvement Project); and,
NOW, THEREFORE, the City Council of the City of Belmont resolves as follows:

SECTION 1. Approves plans and specifications, authorizes the advertisement for sealed bids, and authorizes the City Manager to negotiate and execute a contract with the lowest responsible and responsive bidder for an amount not to exceed $211,520 plus a ten percent construction contingency for the Belmont Village Bicycle Improvement Project, City Contract Number 2025-638.
* * *
ADOPTED September 9, 2025 by the City of Belmont City Council by the following vote:

Ayes:

Noes:

Absent:

Abstain:
38

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ATTEST:

City Clerk Mayor
APPROVED AS TO FORM:

City Attorney
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BELMONT VILLAGE BICYCLE IMPROVEMENTS
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6001 Shellmound St, Ste 500
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63 INVITATION FOR SEALED BIDS
The City of Belmont invites sealed bids for public project construction described as: Belmont Village Bicycle Improvements, CITY CONTRACT NUMBER 2025-638. The public project construction is more specifically defined in the Contract Documents, but generally includes the following items of work:
pavement rehabilitation, minor drainage improvements; and other items as identified in the Contract Documents (the “Work”).

1. SOURCE OF PROJECT FUNDS: This Project DOES NOT involve federal funds.

2. PRE-BID CONFERENCE: None

3. BID SUBMITTAL, WITHDRAWAL, IRREVOCABILITY: Bids must be submitted on the bid forms supplied by the City. The Contractors are requested to drop off sealed proposals at the EOC room (Suite 210) at the Belmont City Hall located at 1 Twin Pines Lane, Belmont, CA 94002 (hereinafter the City) on October 21, 2025 between 1:00 PM – 2:00 PM local time. Any mailed delivery of sealed bid proposals must be confirmed with the City of Belmont, City Clerk’s Office at (650) 595-7414, [email protected] The Bids will be publicly open at 2:00 PM on October 21, 2025 (“Bid Deadline”), at the EOC Room (Suite 210). Bids received after the bid deadline will not be accepted. It is the bidder’s responsibility to ensure that its bid package is duly delivered. Bidders are solely responsible for the cost of preparing their bids. No bidder may withdraw its bid for a period 60 days after the date set for bid opening, except as provided in Public Contract Code Section 5101 et seq.

4. ENGINEER’S ESTIMATE: The Engineer’s estimated total construction cost for this Contract is $211,520.00. This estimate is intended to serve merely as a guideline of the magnitude of work.

Neither the bidders nor the contractor shall be entitled to claims because of any inaccuracy in the estimated cost range.

5. CONTRACT TIME; LIQUIDATED DAMAGES: The construction Work is to be completed within a total of 20 working days including work under bid alternate after the date specified in the City’s Notice to Proceed. The City will assess liquidated damages in the amount of $3,500 for each and every working day of delay in finishing the work in excess of the contract time.

6. REQUIRED CONTRACTOR’S LICENSE(S): Under Business & Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for the performance of the work contemplated by the Project except as provided herein. Failure to possess the specified license(s) at the time of bidding will render the bid non-responsive. Contractors must possess a valid California class A contractor’s license for this contract. Firms bidding as a joint venture or bidding must secure a joint venture license before award of this contract. Firms bidding on projects involving federal funds must secure a license before award of this contract.

7. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIRED: As provided in Labor Code Section 1771.1, the Bidder and all subcontractors listed on the bid proposal must be registered with the Department of Industrial Relations under Labor Code section 1725.5 at the time the bid is submitted, except as provided herein. Failure to be timely registered will render the bid non-responsive. If submitting a bid as part of a joint venture authorized by Business and Professions 64 Code Section 7029.1 or for a Project involving federal funds, the Bidder’s registration may be secured up to the time of contract awarded. No contractor or subcontractor may be awarded a contract for the project unless registered with the Department of Industrial Relations under Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

8. CONTRACT DOCUMENTS: Bidders may obtain the bidding documents including and Specifications in electronic format at Peninsula Builders Exchange, or local Plan Rooms. Hard copy bid documents are not available at this time.

9. BONDS AND INSURANCE: Bid security in the amount of ten percent (10%) of the Bid Amount must accompany the Bid in accordance with Public Contract Code Section 20170. After award of the contract, the successful bidder must provide security for faithful performance and labor and materials (payment bond) as well as proof of insurance, in accordance with the requirements set forth in the Contract Documents. Bonds must be executed by a surety possessing a valid certificate of authority issued by the California Department of Insurance.

10. SECURITIES SUBSTITUTION: At the request and expense of the Contractor to whom the Contract is awarded, securities in a form approved by the City will be permitted in substitution for money withheld by the City to ensure performance under the Contract, as provided in Public Contract Code Section 22300.

11. PREVAILING WAGE: This project is a public work under Labor Code Section 1770, et seq., and the successful bidder will be required to comply with certain labor standards and employment requirements including payment of the prevailing wage rates in effect on the date this Invitation for Sealed Bids was first published. Copies of the prevailing wage rates can be viewed at:
http://www.dir.ca.gov/DLSR/PWD/ and are on file with the Engineer at the address identified below, and shall be made available to any interested party upon request.

12. SHORING AND BRACING: If the construction involves trenches or open excavations, which are five feet or deeper, each bid submitted in response to this Invitation for Sealed Bids must contain, as a bid item adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation which shall conform to applicable safety orders, as required by Labor Code Section 6707.

13. SPECIFIC BRAND NAME MATERIALS: None

14. WAIVER OF IRREGULARITIES. The City reserves the right, in its sole discretion, to reject any or all Bids, to waive minor irregularities or defects in bidding and to reject nonconforming, nonresponsive or conditional bids.

INQUIRIES: If any bidder has questions regarding this Project, contact the Engineer: Brian Nguyen, One Twin Pines Lane, Suite 385, Belmont, CA 94002, Phone: (650) 637-2998, [email protected].

Any questions addressing the interpretation or clarification of the Contract Documents shall be in writing.
65 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
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Instructions To Bidders 1 of 9

INSTRUCTIONS TO BIDDERS

1. OBTAINING COPIES OF CONTRACT DOCUMENTS

1.1. Bidders may obtain complete sets of the Contract Documents, at the location designated in the Invitation For Sealed Bids, for the purchase sum stated therein.

1.2. Each bidder shall use a complete set of Contract Documents in preparing its bid.

1.3. The Contract Documents are more particularly defined in the Construction Agreement.

1.4. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Contract Documents.

2. INTERPRETATION OR CORRECTION OF CONTRACT DOCUMENTS

2.1. Bidder must, before submitting its Bid, carefully study and compare the components of the Contract Documents and must examine the Project Site, the conditions under which the Work is to be performed, and the local conditions.

2.2. In the event Bidder has any question as to the meaning of any part of the Contract Documents, or Bidder finds any error, omission, inconsistency, or ambiguity in the Contract Documents, Bidder must make a written Request for Clarification before submitting its Bid. Requests for clarification or interpretation of the Contract Documents must be addressed only to the Engineer. It is the Bidder’s responsibility to ensure that any such request is submitted to the City in a timely manner, in order to allow the City to issue a written Addenda.

2.3. If necessary, the City will make clarifications, interpretations, corrections, and changes to the Contract Documents by Addenda issued as provided in Section 4 of these Instructions to Bidders, below.

2.4. Purported clarifications, interpretations, corrections, and changes to the Contract Documents made in any other manner are not binding on the City, and Bidders may not rely upon them.

2.5. The plans and specifications, including drawing, plans, maps, diagrams and other graphic representations of the project, show conditions as they are believed by City to exist on the site, but the conditions shown do not constitute a representation by City that they actually exist. Utilities (underground or above-ground), buildings, structures and other improvements may be within or adjacent to the project site. These may or may not be included in the project’s plans and specifications.

2.6. Submission of a bid shall constitute a representation by bidder that they have visited and examined the project site, and examined the plans and specifications. Bidder is relying on their own examination and knowledge of the site and plans in making their bid and not on any representation by City. No 66 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 2 of 9
claim for additional compensation shall be allowed that is based upon a failure to examine or lack of knowledge of, the work site or contract documents.

3. PREFERENCE FOR MATERIALS

3.1. In accordance with Public Contract Code Section 3400, except as otherwise specified on the Invitation for Sealed Bids, the City will not limit the bidding, directly or indirectly, to any one specific concern. Whenever any particular material (including product, thing, equipment, or service) is indicated in the Contract Documents by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal.” A listing of materials is not intended to be comprehensive, or in order of preference.

3.2. Unless a successful bidder (the Contractor) submits a request for substitution of “equal” materials in accordance with the requirements of the Contract Documents, and unless the City approves the substitution in accordance with the requirements of the Contract Documents, the Contractor shall furnish and install the specified material for the Bid Amount and within the Contract Time.

4. ADDENDA

4.1. Addenda will only be issued in writing. The City will make reasonable efforts to deliver (via facsimile or U.S. Mail) Addenda to all Bidders who are known by the City to have received a complete set of Contract Documents and who have provided a delivery address for receipt of Addenda.

4.2. Each Bidder shall be responsible for ascertaining, prior to submitting its Bid, that it has received all issued Addenda. City makes no guarantee that all Bidders will receive all the Addenda. Copies of Addenda will be made available for inspection at the office where Contract Documents are on file for inspection, as indicated on the Invitation for Sealed Bids.

4.3. Addenda withdrawing the Invitation for Sealed Bids or postponing the Bid Deadline may be issued any time before the Bid Deadline. However, if any Addenda results in a material change (addition or deletion) to the Contract Documents, the Bid Deadline will be extended by the City by not less than 72 hours, as provided in Public Contract Code Section 4104.5.

4.4. Each Bidder must acknowledge receipt of all Addenda on the Bid Form. Failure to acknowledge receipt of Addenda may render the bid non-responsive.

5. FILLING IN BID FORMS BY BIDDERS

5.1. All bids must be prepared on the forms provided by the City and submitted in accordance with these Instructions to Bidders. The documents required to be submitted in the bid package are as follows:

Bid
Equal Employment Opportunity Certification (Federal funded projects only) 67 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 3 of 9
Bidder’s Non-collusion Affidavit
Debarment and Suspension Certification
Bidder’s Security
Bidder’s Statement of Responsibility
Any other information required by the Invitation For Sealed Bids

5.2. All blanks on the Bid Forms shall be filled in by typeface or printed legibly in ink.

5.3. Interlineations, alterations, and erasures must all be individually initialed by the Bidder.

5.4. Bidder shall acknowledge receipt of all Addenda on the Bid.

5.5. Bidder shall not modify or qualify the Bid Forms in any manner.

5.6. The Bid Forms shall be signed by a person or persons legally authorized to bind Bidder to the Contract. The individuals signing each document must warrant that they are authorized to bind the legal entity of the Bidder.

6. DESIGNATION OF SUBCONTRACTORS

6.1. The Bidder must comply with the Subletting and Subcontracting Fair Practices Act as set forth in Public Contract Code Section 4100 et seq. (hereinafter referred to as the “Subcontracting Act”). Any reference in these Contract Documents to the requirements of the Subcontracting Act are for the Bidder’s reference, and do not limit the Bidder’s or Contractor’s obligations under law.

6.2. No contractor or subcontractor may be listed on a bid proposal for or work on a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5 or submitting a bid as part of a joint venture authorized by Business and Professions Code Section 7029.1 or by Public Contract Code Section 10164 and 20103.5, provided the contractor is registered to perform public work under Section 1725.5 at the time the contract is awarded.

6.3. The Bidder must list, in the Bid:

The name and location of the place of business of each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work for this Project, or a subcontractor licensed by the State of California who, under subcontract to the Bidder, specially fabricates and installs a portion of the Work or improvements according to detailed drawings contained in the plans and specifications, in an amount in excess of the minimum threshold of the Subcontracting Act. Generally, the minimum threshold is one-half of one percent (0.5%) of Bidder’s Bid Amount; however, if the contract is for the construction of streets (including highways or bridges), the minimum threshold is the greater of: (a) onehalf of one percent (0.5%) of Bidder’s Bid Amount, or (b) ten thousand dollars ($10,000).

The portion of the Work which will be done by each subcontractor described in Instructions To Bidders subsection 6.3.1.
68 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
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6.4. The Bidder must list only one subcontractor for each portion of the Work as is defined by the Bidder in the Bid.

6.5. The Bidder must not list any subcontractor who is ineligible under Labor Code Sections 1777.1 and 1777.2, and Public Contract Code Section 6109.

6.6. The Bidder is subject to the penalties set forth in the Subcontracting Act if the Bidder lists in its Bid another contractor who will in turn sublet portions constituting the majority of Work covered by the prime contract.

6.7. If the Bidder fails to specify a subcontractor, or if the Bidder specifies more than one subcontractor for the same portion of the Work, the Bidder agrees that it is fully qualified to perform that portion itself, and that the Bidder must perform that portion itself.

6.8. If, after award of the Contract, the successful Bidder (“Contractor”) subcontracts, except as provided in the Subcontracting Act, the Contractor is subject to the penalties set forth in the Subcontracting Act. If the Contractor violates any provisions of the Subcontracting Act, the Contractor violates the Contract and the City may either cancel this Contract or assess a penalty to the Contractor in accordance with the terms of the Subcontracting Act.

7. BID SECURITY

7.1. Each Bid shall be accompanied by Bid Security, in the amount of ten percent (10%) of the Bid Amount, as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bidding Documents. Bid Security shall be in one of the following forms: cash, a cashier’s check made payable to the City of Fremont, a certified check made payable to the City of Belmont, or a Bid Bond executed by an admitted surety insurer in the form contained in the Bidding Documents.

7.2. If a Bid Bond is submitted, and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney shall be affixed to the Bid Bond. The surety issuing the Bid Bond shall meet the requirements set by California law.

7.3. The City reserves the right to retain the Bid Security of all bidders until the occurrence of one of the following:

The successful Bidder has properly and timely executed and submitted all items required by Instructions To Bidders Section 13, including the Agreement.

The time period for the City’s review of Bids as specified in Instructions To Bidders Section 9 has expired.

The Bids have been rejected by the City.

8. SUBMISSION OF BIDS

8.1. All Bid Forms (using the forms supplied by the City, as defined in Instructions to Bidders Section 5), including all documents required to be submitted with the Bid, shall be enclosed in a sealed opaque 69 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 5 of 9
envelope with the following address and identification on the face. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope. (Name of Bidder)
Sealed Bid Proposal for City Contract No. 2025-638
Village Bicycle Improvements
City of Belmont

8.2.Bids may be mailed or delivered by messenger. It is the Bidder’s responsibility alone to ensure that the Bid is received at the place (and before the Bid Deadline) specified in the Invitation for Sealed Bids. Any Bid received after the exact time of the Bid Deadline will be returned unopened.

8.3.Oral, telephonic, facsimile, telegraphic, or electronically transmitted Bids are invalid and will not be accepted.

9. WITHDRAWAL OF BIDS

9.1. After a Bid is received by the City, the Bid may be withdrawn only by a written request signed by the Bidder. In order to cause a withdrawal of the Bid, the request must be received by the City at the place (and before the Bid Deadline) specified in the Invitation for Sealed Bids.

9.2. No oral request for withdrawal will be considered. No oral or written request for modification will be considered.

9.3. The withdrawal of a Bid shall not prejudice the right of the Bidder to submit a new Bid, provided the new Bid is submitted in accordance with these Bidding Requirements.

9.4. After the Bid Deadline, a bidder may not withdraw its bid for a period of at least sixty (60) calendar days following the Bid Deadline, subject to the exceptions stated in this section 9.

The sixty (60) day review period may be extended upon the written request by the Engineer, and written approval by the affected Bidders.

If a bidder is not the low monetary bidder, a bidder may make a written request (no earlier than five working days after the Bid Opening) for an early release of bid security. The Engineer is authorized to release a bidder’s bid security if the Engineer determines, in his/her sole discretion, that the bid is not likely to be recommended to the Awarding Body for award (based on the dollar amount of the bid in excess of the estimated project cost, or based on the number of responsive bidders with a lower monetary bid).

9.5. A Bidder shall be permitted to withdraw a Bid after the Bid Deadline only if the Bidder establishes, to the satisfaction of the Engineer, all of the elements identified in Public Contract Code Section 5103, including the following:

A clerical error was made by the Bidder in filling out the Bid; and the error was not due to error in judgment or to carelessness in inspecting the site of the Work, or in reading the plans or specifications.
70 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 6 of 9
The clerical error caused the Bid to be materially different than the Bidder intended the Bid to be.

The Bidder gave the City written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the Bids of the mistake, specifying in the notice in detail the nature of the mistake and how the mistake occurred.

10. BID OPENING AND REVIEW OF BIDS BY THE CITY

10.1. Bids submitted in accordance with the requirements of the Bidding Documents, and received on or before the Bid Deadline in accordance with the requirements of the Invitation for Sealed Bids, will be opened publicly, and the dollar amounts of each bid will be read aloud.

10.2. The City reserves the right to:
reject all Bids;
reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way incomplete or irregular; and, waive irregularities in a Bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.

11. CITY’S DETERMINATION OF LOWEST RESPONSIBLE BIDDER

11.1. The term “Lowest Responsible Bidder” means the “Lowest Monetary Bidder” whose Bid is “responsive,” and who is “responsible” to perform the Work required by the Contract Documents, as those terms are defined by State law, including Public Contract Code Sections 20161, et seq, and 22030 et seq. This Section 11 summarizes the procedure by which the City will determine the “Lowest Responsible Bidder” in accordance with State law.

11.2. The City shall determine the “Lowest Monetary Bidder” on the basis of the Bid Amount, in accordance with the calculation criteria set forth on the Bid.

11.3. After the “Lowest Monetary Bidder” has been determined, the Lowest Monetary Bidder’s Bid will be evaluated by the Engineer in order to determine whether or not that Bid is “responsive.” The term “responsive” is defined by State law, but generally means that the Bid has been prepared and submitted in accordance with the requirements of the Bidding Requirements.

11.4. If the Lowest Monetary Bidder’s Bid is responsive, that Bidder’s qualifications will be evaluated by the Engineer to determine whether or not the Bidder is “responsible” to perform the Work required by the Contract Documents. The Engineer shall review “responsibility” of Bidders based upon the City’s analysis of the information submitted on the Bidder’s Statement of Responsibility (as a part of the Bid Forms) in accordance with the criteria set forth in Instructions To Bidders Section 12.

11.5. If the Engineer finds that the Lowest Monetary Bidder submitted a responsive Bid, and that the Bidder is responsible, then that Bidder will be deemed the apparent “Lowest Responsible Bidder”. 71 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 7 of 9

11.6. If the Engineer finds that the Lowest Monetary Bidder’s Bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Engineer may review the responsiveness and responsibility of the next Low Monetary Bidder. If the Engineer finds that the next Low Monetary Bidder is responsive and responsible, then that next Low Monetary Bidder shall be deemed the apparent “Lowest Responsible Bidder. This process may continue until the Engineer finds the Lowest Monetary Bidder which is also responsive and responsible. In the event that one or more Low Monetary Bidders are found by the Engineer to be non-responsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Engineer, within five working days after the Bidder receives the notice.

11.7. No Bid shall be binding upon the City until after the Contract is signed by both the Contractor and the City. The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed sixty (60) days after the Bid opening. The sixty (60) day review period may be extended upon the written request by the Engineer and written approval by the affected Bidders.

11.8. Bid Protest. The City will issue a Notice of Intent to Award before the actual award. Any Bid protest must be submitted in writing to the Engineer before 5:00 p.m. of the fifth (5th) calendar day following posting of a Notice of Intent to Award for Construction in the City Hall Lobby. City will use reasonable efforts to deliver by email a copy of the Notice of Intent to Award to all Bidders who submitted Bids and provided an email address no later than one working day after its issuance, although any delay or failure to do so will not extend the Bid protest deadline described above. The following conditions will apply to all protests.

The initial protest document must be in writing, contain a complete statement of the legal ground for the protest; all the relevant facts to the protest; and the form of relief requested and the legal basis for such relief.

The protest must refer to the specific portion of the document that forms the basis for the protest.

The protest must include the name, address and telephone number of the protesting party or the person representing the protesting party. If an email address is available, it should also be included.

The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest.

The procedure and time limits set forth in this paragraph are mandatory and are Bidders sole and exclusive remedy in the event of Bid protest. Bidders failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings. A Bidder may not rely on a protest submitted by another Bidder, but must timely pursue its own protest. The City will respond to any properly submitted protest within fifteen (15) calendar days and shall provide a hearing to the protesting bidder but only if the hearing is requested by the protesting bidder in the protest. The City’s decision on the protest shall be final. 72 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 8 of 9

12. CITY’S DETERMINATION OF RESPONSIBILITY

12.1. The term “responsible” is defined by California law, but generally means that the Bidder is able to demonstrate that it possesses: (1) the capacity to perform the Work required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the Work in accordance with the Contract Documents.

The City may consider the following factors, in relation to the Work to be performed for this Project, in determining whether nor not a Bidder is “responsible”:

Demonstrated financial strength including, but not limited to, resources available, bonding capacity, and available insurance.

Demonstrated safety record including, but not limited to, Experience Modification Rate.

Successful completion of projects of similar scope and size. In reviewing this factor, the City may consider elements including, but not limited to, contract amount of completed projects, experience on public works projects, experience implementing prevailing wage certified payroll requirements, timeliness of performance, and, if necessary, evaluation of Bidder’s work by previous cities, clients, design professionals, or subcontractors.

Sufficiency of contract administration and construction management systems including, but not limited to, proposed scheduling tools, proposed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents.

History of claims, litigation, and termination or disqualification from projects.

12.2. The City will make its determination of responsibility based upon information submitted by Bidders contained in the “Bidders Statement of Responsibility,” included in the Bid Forms, and, if necessary, interviews with previous cities, clients, design professionals, or subcontractors with whom the Bidder has worked. If a non-responsive or non-responsible Bidder submits additional evidence pursuant to Instructions To Bidders Section 11, then that additional evidence shall be considered by the Engineer in making a determination of the Lowest Responsible Bidder.

13. AWARD OF CONTRACT
After the determination as to which Bidder is the Lowest Responsible Bidder, the City will issue a Notice of Award to the Lowest Responsible Bidder. No contractor or subcontractor may be awarded a contract for the project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations under Labor Code section 1725.5. Within seven (7) calendar days after receipt of the Notice of Award, Bidder shall submit to the City all of the following properly signed items:

Two originals of the Agreement signed by Bidder.

Documentation of authority of individual or individuals to sign the Agreement on behalf of Bidder.

The Improvement Security required by Agreement Section 13.

Proof of Insurance required by Agreement Section 14.
73 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 9 of 9
Documentation of payment of City of Belmont business tax as provided in Agreement Section

12. Copy of Contractor’s State Contractor’s License.

Identification of Contractor’s Authorized Representative required by Agreement Section 6.

For joint ventures, proof of Department of Industrial Relations Registration for the Contractor and each subcontractor.

14. FORFEITURE OF BID SECURITY
In the event that Bidder does not properly and timely execute and submit the items set forth in subsection 13.1, above, the Bid Security shall be forfeited to the City and the City may award the Contract to next Lowest Responsible Bidder. The forfeited Bid Security may be utilized by the City in accordance with Public Contract Code Sections 20170 through 20174. 74 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 1 of 9
BID
BID TO: Belmont City Clerk
One Twin Pines Lane
Belmont, California 94002
BID FROM: _______________________________________________________________________ Insert Full Legal Name of Bidder (Firm Submitting Bid)
NOTE: All portions of these Bid Forms (including the Bid, Bidder’s Non-Collusion Affidavit, Bidder’s Statement of Responsibility, and Bid Bond or alternative bidder’s security) must be properly completed, signed, and submitted with the Bid. Failure to do so may result in the Bid being deemed non-responsive by the City.

SCOPE OF BID. Bidder hereby offers to furnish for the above referenced Project all labor (including supervision), materials and equipment (whether or not permanent or temporary, and whether or not actually incorporated into the Work), utilities (including water, sanitary facilities, electricity, fuel, light, heat, and telephone), tools, transportation, and services necessary to complete the Work on this Project in accordance with the Contract Documents and to complete all requirements of the Contract Documents for the amounts quoted in this Bid (including the costs of any and all applicable taxes, patent rights, royalties, licenses, and permits), as modified pursuant to the terms of the Contract Documents. Bidder will not withdraw its Bid for at least sixty (60) calendar days after the Bid Deadline, unless otherwise extended by the written agreement of the City and Bidder. If Bidder is selected as the Lowest Responsible Bidder, Bidder shall, within seven (7) calendar days after receipt of Notice of Award, sign and deliver to the City all documents identified in Section 13 of the Instructions to Bidders (including the Agreement, performance bond, payment bond, and proof of insurance). Time is of the essence. If awarded the Contract, Bidder agrees to complete the Work within the time specified in the Invitation For Sealed Bids.

ADDENDA. Bidder shall insert, in the blank lines below (or additional pages, if needed), each Addenda received by the Bidder, and incorporated herein by reference into this Bid. Bidder hereby acknowledges receipt of the following Addenda (Addendum No. and Date Issued):

Addendum No. Date Issued
_________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ _________________________________ BID AMOUNT.
75 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Instructions To Bidders 2 of 9

3.1.Estimated Quantities. Since the amounts identified in the Bid Spreadsheet (Section 4, below) are estimates for the purpose of comparing bids, the City reserves the right to increase or decrease the quantities to reflect the actual amount of work to be performed by the Contractor in accordance with the requirements of the Contract Documents.

3.2.Unit Price Bids. For each bid item identified in the Bid Spreadsheet (Section 4, below), the Bidder shall provide a bid item unit price and a bid item extension (bid item unit price multiplied by bid item estimated quantity equals bid item extension). In case of a math error or ambiguity, bid item unit prices shall prevail over the bid item extensions.

3.3.Total Bid Amount. The Bidder shall identify the Total Bid Amount, which shall equal the sum of all bid item extensions and bid alternates. The total bid amount shall include the total of all bid schedules. In case of a math error or ambiguity, bid item extensions shall prevail over the Total Bid Amount. The Total Bid Amount shall be the total dollar amount bid by the Bidder, for the Bidder’s performance of all Work in accordance with the Contract Documents (and payment of all Bidder’s costs required therefor, whether or not specifically identified herein). The Total Bid Amount may also be referred to in the Contract Documents as the Contract Amount.

3.4.Basis of Award. The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Total Bid Price plus Alternates.

City reserves right to award Alternates in any order or none at all based upon available funding.

3.5.Alternate Bids. Alternate bids proposed by the Bidder will be considered by the City.

BID SPREADSHEET. Bidder hereby offers to provide to the City the Work required by the Contract Documents (as defined in Agreement Section 2), for the amounts quoted in this Bid, as follows. Bidder shall complete bid schedule, the total bid amount shall constitute the total of all Bid Item Extensions. 76 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Bid Forms / Bid 1 of 12
ITEM
NO. BID ITEMS UNIT TOTAL QUANTITIES
UNIT
PRICE
*TOTAL
COST
1 Mobilization and Demobilization (10%) LS 1
2 Construction Phasing and Traffic Control (10%) LS 1
3 Sediment and Water Pollution Control (2%) LS 1
4 Remove Pavement Delineation and Markers LS 1
5 Remove Existing Sign and Post EA 3
6 Remove Asphalt Concrete - Depth of 2" SF 230
7 Install Hot Mix Asphalt (Type A) - Speed Cushions LS 1 8 Install Slurry Seal Type II SY 30
9 Install Removable Bollard EA 4
10 Install Pavement Marking - Thermoplastic White SF 1,860 11 Install Pavement Marking - Thermoplastic Green SF 7,300 12 Install Pavement Striping - Thermoplastic White LF 4,180 13 Install Pavement Striping - Thermoplastic Yellow LF 4,560 14 Install Red Curb Paint LF 510
15 Install Yellow Curb Paint LF 280
16 Install New Sign on Existing Sign Post EA 2
17 Install New Sign EA 52
18 Install New Post and Foundation EA 24
*NOTE: In case of error in extension of price into the total price column, the unit price will govern.

TOTAL BID
AMOUNT_________$__________________________________________________________ _
BID
ALTERNATE 1
TOTAL

PRICE IN

FIGURES
$
TOTAL

PRICE IN
WORDS
77 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Bid Forms / Bid 2 of 12

TOTAL BID SUMMARY
TOTAL: BASE BID + BID ALTERNATE 1 (IN FIGURES)
TOTAL: BASE BID + BID ALTERNATE 1 (IN WORDS)

4. BID SECURITY. Bidder must attach Bid Security in the amount of ten percent (10%) of the Bid Amount (see Section 7 of the Instructions to Bidders).

5. LIST OF SUBCONTRACTORS.

6.1. Bidder will use Subcontractors for the Work:

YES_______________ NO_______________

6.2. If yes, the Bidder hereby certifies that the following is a list of all subcontractors which the Bidder is required by law to name in its bids. Generally, bidders are required to identify each subcontractor performing more than one half of one percent of the work. However, more particular requirements are contained in the Subletting and Subcontracting Fair Practices Act, Public Contract Code Sections 4100 et seq. (the “Subcontracting Act”), summarized in Section 6 of the Instructions to Bidders.

6.3. Bidders are reminded of the severe penalties imposed by the Subcontracting Act for a failure to list all required subcontractors (Work Activity, Name, and Address) on this sheet. Bids will not be found non-responsive for omission (at time of bid) of additional information regarding estimated dollar amount of subcontracted work or subcontractor license number. However, bidders shall submit all information required by this sheet by no later than 24 hours after written request by the City.
78 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Bid Forms / Bid 3 of 12

6.4. ALL BIDDERS ARE HEREBY NOTIFIED THAT: the successful bidder will be required to perform not less than ***fifteen*** percent (***15%***) of the Work with the successful bidder’s own organization. A failure of the Bid to establish compliance with this requirement may render the bid non-responsive, or it may result in a determination of bidder nonresponsibility based on a failure to demonstrate adequate resources available to perform the Work.

Subcontracted work
activity
Subcontractor name
including address
(City and State)
Est. $ amt. of
subcontracted
work
Subcontractor’s
License no.

DIR #
___________________ ________________ $____________ _________ ____________________ _________________ $____________ _________ NOTE: Provide additional sheets if required. (copy of this sheet is acceptable)

6. REPRESENTATIONS OF BIDDER.

7.1. By submitting this Bid, Bidder declares under penalty of perjury the following representations are true and correct:

Bidder has read and understands all requirements of the Contract Documents, and this Bid is made in accordance with those requirements. The Contract Documents are more particularly defined in the Agreement, and generally include: all Bidding Documents (including the Invitation For Sealed Bids, these Instructions to Bidders, Supplemental Instructions to Bidders, Addenda [if any], and Bid Forms), the Agreement, the Specifications (including the General Conditions, Special Provisions , the, and the Technical Specifications ), the Exhibits (including bonds), and the Drawings (also defined as “Plans”).

Any questions by the Bidder regarding the meaning of any part of the Contract Documents have been submitted, in writing, by the Bidder to the City, in accordance with Section 2 of the Instructions to Bidders.

Bidder has visited and examined the Project site of the proposed work, and Bidder is familiar with all the conditions related to the proposed work, including the availability of labor, materials (including transportation, handling, delivery, and storage), equipment, and utilities (including water and electricity), and is familiar with local conditions (including weather, road access and truck routes, and surface and subsurface conditions) as related to requirements of the Contract Documents.
79 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Bid Forms / Bid 4 of 12
The Bid is based upon the materials, equipment, and systems required by the Bidding Documents without exception.

The Contract Time, as specified in the Invitation For Sealed Bids, is reasonable for performing the Work and that Contractor is able to perform the Work within the Contract Time.

Bidder has the expertise and financial capacity to perform and complete all obligations required by the Contract Documents.

Bidder is aware of and, if awarded the Contract, will comply with applicable legal requirements, including all City Regulations (including payment of City business license tax) in its performance of the Work.

The Bidder shall comply with the requirements of the Labor Code, including Sections 1770 et seq., and the Bidder shall comply with the General Prevailing Wage Determination Made by the Director of Industrial Relations that is in effect on the date of the Invitation for Sealed Bids. The prevailing wage rate schedule is on file with the Engineer and will be made available for review upon request.

Bidder certifies that, for the excavation of any trench of a depth of five feet or more, its bid includes the cost for adequate sheeting, shoring, and bracing or equivalent method (including costs of design), for the protection of life or limb, which shall conform to applicable safety orders, in accordance with Labor Code Sections 6705 and 6707.

7.2. In accordance with Business and Professions Code Section 7028.15, Bidder certifies, under penalty of perjury, that the information contained in this subsection 7.2, below, is true and correct. Any bidder who is not licensed in accordance with the Business and Professions Code, and in accordance with the Invitation For Sealed Bids, shall be considered non-responsive and shall be rejected by the City.

State Contractor’s License No. and Class .

Original date license issued, and License expiration date .

7.2.3. DIR Number ____________.

7.3. As required by Government Code Section 4552, in submitting a Bid to the City, Bidder offers and agrees that, if the Bid is accepted, it will assign to the City 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., Section 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, materials, or services by Bidder for the sale to City pursuant to the Bid. Such assignment shall be made and become effective at the time City tenders final payment to Bidder.

7.4. Bidder acknowledges that, unless the bidder submits a request for substitution of “equal” materials in accordance with the requirements of the Agreement, and unless the City approves the substitution in accordance with the requirements of the Contract Documents, the Contractor shall furnish and install the specified material for the Bid Amount. 80 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Bid Forms / Bid 5 of 12
IN WITNESS WHEREOF, the individuals signing this Bid represent and warrant that they have the right, power, legal capacity, and authority to sign this Bid on behalf of the Bidder, and have caused this Bid to be executed by setting hereto their names, titles, and signatures at _____________ County, in the State of _______________________.

BIDDER: _______________________________________________________________________ (Signature) (Date)
_______________________________________________________________________ (Name and Title of Signatories)
_______________________________________________________________________ (Legal Name of Bidder, including type of organization, e.g., corp. or partnership) _______________________________________________________________________ (Bidder’s Street and Mailing Address)
_______________________________________________________________________ (City, State, Zip Code)
_________________________________ ____________________________ (Telephone Number) (Email Address)
81 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder ______________________________________________________________ and proposed subcontractor hereby certifies that it has _____, has not ____ participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114 or 11246, and that where required, filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President’s Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

NOTE: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts that are subject to the equal opportunity clause. Contract and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt).

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and the subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60.1.7(b)(1) prevents the award of contract or subcontracts unless such Contractor submits a reporting covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided.

The above Certification is part of this Proposal. Signing this Proposal on the signature portion thereof shall also constitute an endorsement and execution of the certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 82 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638

NON-COLLUSION DECLARATION
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
The undersigned declares:

I am the ____________________ of __________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______________________ [date], at _______________________[city], __________________[state].

BIDDER: _______________________________________________________________________ (Signature) (Date)
_______________________________________________________________________ (Printed or Typed Name and Title of Signatories)
_______________________________________________________________________ (Legal Name of Bidder)
83 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Bid Forms / Non-Collusion Declaration 1 of 1

DEBARMENT AND SUSPENSION CERTIFICATION
Title 49, Code of Federal Regulations, Part 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

The above Certification is part of this Proposal. Signing this Proposal on the signature portion thereof shall also constitute an endorsement and execution of the certification. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 84 City of Belmont Contract Documents
Project: Belmont Village Bicycle Improvements
City Contract Number 2025-638
Bidding Documents
Bid Forms / Bidder’s Statement Of Responsibility 1 of 10 BIDDER’S STATEMENT OF RESPONSIBILITY
(Must be executed by Bidder and submitted with Bid)

1. SCOPE OF THIS STATEMENT OF RESPONSIBILITY. In order to allow the City to make a determination of the Bidder’s responsibility, the Bidder shall provide the information required herein as a part of its Bid.

1.1. City’s Right to Use the Bidder’s Statement of Responsibility. The City shall use the information required by this Statement of Responsibility for the sole purpose of determining the Bidder’s “responsibility.” While the City conducts its deliberative process to determine whether a bidder is “responsible,” the City will not disclose “confidential” information (as identified by the Bidder pursuant to paragraph 1(b), below) unless otherwise compelled by a court order. However, if there is a challenge regarding the City’s determination of whether a Bidder is “responsible,” the City shall have the right to use any and all information contained herein in support of the City’s determination, and the Bidder waives any claim against the City for the City’s use of information for this intended purpose.

1.2. Bidder’s Obligation to Identify Confidential Information. If a Bidder believes that any portion of this Statement of Responsibility is “confidential” and not legally subject to public disclosure in accordance with the requirements of the California Public Records Act (Government Code Sections 6250, et seq), the Bidder shall: (1) clearly mark the relevant portions of the Statement of Responsibility as “Confidential”; and (2) upon request from the City, identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Bidder shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the “Confidential” portion of the Statement of Responsibility; and (4) if the Bidder fails to identify information as “Confidential,” or if the Bidder fails to defend and indemnify the City regarding any claim by any third party for the public disclosure of a “Confidential” portion of the Statement of Responsibility, the Bidder shall hold the City harmless and waive any claim against the City for any damages allegedly related to any public disclosure of any portion of the Statement of Responsibility.

1.3. Additional Pages. If additional pages are required to respond to any of the questions set forth in this Statement of Responsibility, the Bidder shall describe and list the additional pages in Section 16, below.

2. EXPERIENCE

2.1. How many years has the Bidder been performing work as a contractor under the present business name?

2.2. If any of the experience listed in this document refers to work performed under a different name, list the different business names and describe the relationship to the present business name on a separate page (list the additional pages in Section 13 below).

3. CURRENT WORK IN PROGRESS

3.1. For how many construction projects is the Bidder under contract to perform (which are currently under construction)? ___________________________________________

3.2. What is the total dollar amount of the construction contracts listed in Subsection 3.1? _________________________________________________________________

3.3. What is the total bonding capacity of the Bidder? ___________________________

3.4. How many construction contracts listed in 3.1 are:

3.2.1. in an amount of 50% or less of the Total Bid Amount? ________________________________ 85 City of Belmont Contract Documents
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3.2.2. in an amount between 50% and 100% of the Total Bid Amount? __________________________

3.2.3. in an amount between 100% and 150% of the Total Bid Amount? _______________________

3.2.4. in an amount over 150% of the Total Bid Amount? ______________________________________

3.5. List the name of the project (with Contract Amount and Anticipated Completion Date), the name of the City/Client entity, and a City/Client contact person (with name and telephone number), for three current active projects referred to in Section 3.4:

3.5.1. Project Name __________________________________________ Contract Amount __________________________________________ Anticipated Completion Date ________________________________________ City/Client Entity __________________________________________ City/Client Contact __________________________________________ (Name and Phone) __________________________________________

3.5.2. Project Name __________________________________________ Contract Amount __________________________________________ Anticipated Completion Date ________________________________________ City/Client Entity __________________________________________ City/Client Contact __________________________________________ (Name and Phone) __________________________________________

3.5.3. Project Name __________________________________________ Contract Amount __________________________________________ Anticipated Completion Date ________________________________________ City/Client Entity __________________________________________ City/Client Contact __________________________________________ (Name and Phone) _________________________________________

4. COMPLETED WORK
Provide the requested information set forth below for the: (1) three most recent projects completed of a similar character to this Project (performed as a general contractor); and (2) three most recent public works projects completed (performed as a general contractor).

4.1. Three most recent projects completed of a similar character to this Project:

4.1.1. Project Name: _____________________________________________________ Project Description:_________________________________________________ ___________________________________________________________________ 86 City of Belmont Contract Documents
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Bid Forms / Bidder’s Statement Of Responsibility 3 of 10 ___________________________________________________________________ Contract Amount ___________________________________________________ Date Completed: _____________________________________________________ Owner: __________________________________________
Contact Person: _____________________________________________________ Contact Person’s Phone Number: _________________________

4.1.2. Project Name ________________________________________________ Project Description _____________________________________________ _____________________________________________________________ Contract Amount: ______________________________________________ Date Completed: _______________________________________________ Owner: ______________________________________________________ Contact Person: _______________________________________________ Contact Person’s Phone Number: _________________________________

4.1.3. Project Name: ________________________________________________ Project Description: ______________________________________________ ______________________________________________________________ ______________________________________________________________ Contract Amount: ________________________________________________ Date Completed: _________________________________________________ Owner: ________________________________________________________ Contact Person: _________________________________________________ Contact Person’s Phone Number: ___________________________________

4.2. Three most recent public works project (City, State, County) completed:

4.2.1. Project Name: ________________________________________________ Project Description: ______________________________________________ ______________________________________________________________ 87 City of Belmont Contract Documents
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Bid Forms / Bidder’s Statement Of Responsibility 4 of 10 ______________________________________________________________ Contract Amount: ________________________________________________ Date Completed: _________________________________________________ Public Agency: __________________________________________________ Agency Contact Person: ___________________________________________ Contact Person’s Phone Number: ___________________________________

4.2.2. Project Name: ________________________________________________ Project Description: ______________________________________________ ______________________________________________________________ ______________________________________________________________ Contract Amount: ________________________________________________ Date Completed: _________________________________________________ Public Agency: __________________________________________________ Agency Contact Person: ___________________________________________ Contact Person’s Phone Number: ___________________________________

4.2.3. Project Name: ________________________________________________ Project Description: ______________________________________________ ______________________________________________________________ ______________________________________________________________ Contract Amount: ________________________________________________ Date Completed: _________________________________________________ Public Agency: __________________________________________________ Agency Contact Person: ___________________________________________ Contact Person’s Phone Number: ___________________________________

5. CLAIMS HISTORY

5.1. Has any claim been made against your company in the past five years, which has resulted in arbitration or litigation?
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5.2. Has your company made any claim against any City or client in the past five years, which has resulted in arbitration or litigation?

5.3. If you answered “yes” to subsections 5.1 or 5.2 above, describe the claim(s) using the format below:
(use additional sheets if necessary).

5.3.1. Project Name __________________________________________ Claim Amount ________________________________________
Other Party Entity Name ______________________________________ Other Party Contact _________________________________________ (Name and Phone) __________________________________________

6. Describe the claim(s) on a separate sheet (see Section 14, below).

7. CONTRACT TERMINATION

7.1. Has your company ever been terminated by a City or client, or rejected from bidding on a public works project in the last five (5) years? ___________________. If yes, identify each and provide an explanation below:

7.2. Project Name ______________________________________________________ City/Client Entity Name _______________________________________________ City/Client Contact
(Name and Phone) _________________________________________________ Date of Termination/Rejection __________________________________________ Explanation _________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

8. If more than one (1), describe on additional sheet (see Section 14, below).

9. COMPLETION BY SURETY

9.1. Has your company ever failed to satisfactorily complete a construction contract, or has a surety ever completed any portion of a construction contract of your company within the last five (5) years? _________________. If yes, provide an explanation below:

9.2. Project Name ________________________________________________________ Surety Contact
(Name and Phone) __________________________________________________ Date Surety Took Over _________________________________________________ 89 City of Belmont Contract Documents
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Bid Forms / Bidder’s Statement Of Responsibility 6 of 10 Explanation ___________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

10. If more than one (1), describe on additional sheet (see Section 13, below).

11. STORM WATER BEST MANAGEMENT PRACTICES

11.1. Has bidder violated the Storm Water Best Management Practices for illegal or improper discharge(s) into storm drain systems two (2) or more times within the past five (5) years?  Yes
 No
Note: This question refers to your firm’s violation of sewer overflow to the storm drain system that was required to be reported to the State Water Board.

12. SEWER AND WATER CROSS-CONTAMINATION

12.1. Has work performed by the bidder resulted in cross-contamination with water and sewer facilities within the past five (5) years?
Yes
No

13. OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) COMPLIANCE

13.1. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five (5) years?
Yes
No
If “Yes,” attach a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.

14. PUBLIC WORKS CONTRACTS

14.1.In the last five (5) years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder?  Yes
 No
If “Yes,” explain on a separate signed page. Identify the year of the event, the owner, the project, and the basis for the finding by the public agency.

15. ADDITIONAL DOCUMENTS
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16. ADDITIONAL PAGES
The Bidder declares that the pages listed in this Subsection were added and included with these Bid Documents in order to accurately respond to the Bidding Requirements. The following descriptions include the general nature of the additional information. If no additional pages are submitted, write “None” on the blank line.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

17. PENALTY OF PERJURY
Bidder hereby declares and certifies under penalty of perjury under the laws of the State of California that the information contained herein is true, correct, and complete.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to sign this document on behalf of the Bidder, and have caused this document to be executed by setting hereto their names, titles and signatures.

BIDDER: _______________________________________________________________________ (Signature) (Date)
_______________________________________________________________________ (Printed or Typed Name and Title of Signatories)
_______________________________________________________________________ (Legal Name of Bidder)
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BID BOND Bond No. ______
WHEREAS, (“Principal”) submitted a Bid to the City of Belmont (“City”) for the Project identified on this Bond, and the terms of the Bid require the Principal to submit bidder’s security.

NOW, THEREFORE, Principal and (“Surety”), are
hereby held and firmly bound unto the City in the amount of ten percent (10%) of the Bid Amount set forth in the Principal’s Bid (the terms and conditions of which are incorporated herein by reference) for the above referenced Project, for payment of which Principal and Surety hereby bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal’s Bid is rejected by the City, or if Principal’s Bid is accepted by the City and the Principal properly executes and submits to the City the Agreement and all required documents (including the Faithful Performance Bond, the Labor and Material Bond, and the proof of insurance), then this obligation shall be null and void; otherwise it shall be and remain in full force and effect.

The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by an agreement between the City and the Principal to extend the time within which the City may accept the Principal’s Bid, and the Surety hereby waives notice of any such extension.

In the event suit is brought upon this bond, the surety shall pay reasonable attorneys’ fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

Principal Surety
NOTE: NOTARY ACKNOWLEDGMENT FOR SURETY AND SURETY’S POWER OF ATTORNEY MUST BE ATTACHED.

By:

Title:

Date:

By:

Title:

Date:

Address for Notices to Surety:
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CONSTRUCTION AGREEMENT
This Construction Agreement (hereinafter “Agreement”) is made and entered into by and between the CITY OF BELMONT, a municipal corporation (hereinafter “City”), and [***INSERT LEGAL NAME OF CONTRACTOR***name of business and description of legal entity, i.e., LLC, Partnership, Corporation, etc.] (hereinafter “Contractor”).

RECITALS
A. In accordance with the applicable provisions of State law, including the California Public Contract Code, and local law, including the Belmont City Code, the City issued an invitation for competitive bids for this Project.

B. In response to the invitation for bids, the Contractor submitted the Bid Forms (with a Bid Amount of $______), which are incorporated herein by reference, which were found by the City to be responsive to the invitation for bids.

C. After reviewing all bids submitted in response to the invitation for bids, the City found the Contractor to be the Lowest Responsible Bidder, and the Awarding Body awarded this Agreement to the Contractor on ______ [***INSERT DATE OF AWARD***].

D. The Project is more specifically described in the Contract Documents, but generally includes the following items of work [*** INSERT IDENTICAL TO “PROJECT DESCRIPTION” IN THE INVITATION TO BIDS***]
NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. SCOPE OF WORK. The Contractor shall perform, or cause to be performed, the Work described in the Contract Documents (hereinafter “Work”), to the satisfaction of the City Engineer, and subject to the final acceptance by the City.

2. CONTRACT DOCUMENTS.

2.1. List of Contract Documents. The Contract Documents consist of this executed Agreement; all Bidding Documents (including the Invitation for Bids, Instructions to Bidders, Supplemental Instructions to Bidders, Bid Forms, and Addenda (if any) as identified below); the Specifications (including General Conditions, Special Provisions, and all documents incorporated by reference therein, including City Standard Specifications, and Caltrans Standard Specifications), and the 93 City of Belmont Contract Documents
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Technical Specifications; the Drawings (also referred to as “Plans”); and the Exhibits (including bonds).

2.2. Precedence of Contract Documents. In the event of a conflict between component parts of the Contract Documents, the document highest in precedence shall control. The precedence shall be as follows:

2.2.1. Agreement, as amended by contract change orders.

2.2.2. All Bidding Documents, as amended by Addenda.

2.2.3. Technical Specifications

2.2.4. Special Provisions.

2.2.5. General Conditions

2.2.6. City Standard Specifications.

2.2.7. Caltrans Standard Specifications (Standard Specifications for Construction of Local Streets and Roads, State of California, July 2006).

2.2.8. Drawings (also referred to as Plans), as defined on ********.

2.2.9. Standard Plans and Standard Details.

2.2.10. Exhibits.

2.3. Addenda. The following Addenda are hereby incorporated into the Contract Documents:

No. Date of Issue:
____ ____________
____ ____________
____ ____________

3. CONTRACT TIME.

3.1. After Contractor has provided to City all documents identified in the Instructions to Bidders and the Notice of Award (in a form satisfactory to the City, and in accordance with the requirements of the Contract Documents), City shall schedule the mandatory pre-construction conference, and Contractor shall attend and participate in the pre-construction conference.

3.2. After the pre-construction conference, the City shall issue a Notice to Proceed to Contractor.

The Notice to Proceed will identify the date on which the “Contract Time” commences, and this date may be referred to as the “Contract Commencement Date.” Contractor is authorized to commence Work on the Contract Commencement Date, and Contractor must commence the 94 City of Belmont Contract Documents
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Work no later than seven days after the Contract Commencement Date. The Work must be diligently prosecuted and all of the Work must be substantially completed within the Contract Time specified in the Invitation For Bids. Time is of the essence in the performance of all obligations under these Contract Documents, and all timing requirements must be strictly adhered to unless otherwise modified by the City in accordance with the Contract Documents. The Contractor must submit all requests for extensions of time to the City, in writing, no later than ten (10) working days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due.

3.3. Within the time set forth in the Special Provisions (or, if no time is specified in the Special Provisions, with seven (7) calendar days after written request from the City), Contractor shall submit to the City all required documents, including the following:

3.3.1. Contractor’s safety program, and identification of Contractor’s safety officer.

3.3.2. Contractor’s cost distribution schedule of prices (schedule of values).

3.3.3. Contractor’s Construction Schedule.

3.3.4. Contractor’s schedule of submittals.

3.3.5. Copies of all required documentation for each subcontractor, including: State Contractor’s License, identification of each subcontractors’ authorized representative, copy of contract between Contractor and each subcontractor.

4. CONTRACT AMOUNT. City shall pay to Contractor, for the performance of the Work, the Contract Amount identified in the Bid Documents, subject to adjustment of estimated quantities (to reflect actual work performed by the Contractor), and as modified according to the terms of the Contract Documents. The Contractor’s compensation shall include all costs incurred by the Contractor in the performance of the Work, including: furnishing all labor (including supervision), materials (including the costs of any and all applicable taxes, patent rights, royalties, licenses, and permits), equipment, tools, transportation, and services necessary to complete the Work (including costs to protect the Work, and all damages to the Work prior to acceptance of the Work by the City, unless otherwise specifically provided in the Contract Documents). The Contract Amount identified in the Bid Documents is $_____________.

5. LIQUIDATED DAMAGES. If Contractor fails to complete the Work within the Contract Time, Contractor shall pay to the City, as liquidated damages and not as a penalty, the sum specified in the Invitation for Bids for each calendar day after the expiration of the Contract Time that the Work remains incomplete. The City and Contractor agree that in the event the Work is not completed within the Contract Time, the City’s damages would be extremely difficult or impracticable to determine and therefore the City and Contractor agree that the amount stated herein is a reasonable estimate of the amount of such damages. The City may deduct any liquidated damages owed to the City, as determined by the City, from any payments otherwise payable to Contractor under this Contract. Nothing contained herein shall limit the City’s rights or remedies against Contractor for any default other than failure to complete the Work within the Contract Time. This provision for liquidated damages shall not be applicable nor act as a 95 City of Belmont Contract Documents
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limitation upon the City if Contractor abandons the Work. In such event, Contractor shall be liable to the City for all losses incurred.

6. CONTRACTOR REPRESENTATIVE. At all times during the progress of the Work, Contractor shall have a competent supervisor, foreman, or superintendent (hereinafter “Contractor Representative”) on site with authority to act on behalf of the Contractor. The Contractor Representative shall be authorized by the Contractor to sign, send, and receive all notices contemplated or required by the Contract Documents, and authorized to direct all Work being performed by (or on behalf of) the Contractor. The Contractor shall, at all times, keep the City Engineer informed in writing of the name and telephone number of the Contractor Representative.

Throughout the term of this Contract, Contractor Representative shall meet and confer with the City Engineer in a good faith effort to resolve any outstanding issues related to performance required by the Contract Documents. The Contractor shall, at all times, keep the City Engineer informed in writing of the names and telephone numbers of all subcontractors performing the Work.

7. ACCESS TO THE SITE. In order to permit the City to inspect the Work, the Contractor shall, at all times, provide to the City (including agencies and entities designated by the City) proper and safe access to the Project site, and all portions of the Work, and to all shops wherein portions of the Work are in preparation.

8. DOCUMENTATION AND RECORD KEEPING.

8.1. Contractor’s Project Records. Contractor’s Project records shall include all of Contractor’s accounting records, employment records, and project work records for all employees, subcontractors, and suppliers, including: the Contract Documents, one record copy of the plans and specifications, change orders, requests for clarifications, instructions from the City, contracts with suppliers and subcontractors, correspondence, submittals, samples, shop drawings, invoices, receipts, vouchers, purchase orders, notes, daily logs, and memoranda relating to the Work.

8.2. Contractor’s Maintenance of Project Records. Contractor shall keep and preserve Project records in accordance with generally accepted accounting principles and state law requirements.

During performance of the Work, Contractor shall keep all of Contractor’s Project records in a secure location at the Project Site. After completion of the Work, Contractor shall maintain the Project records for no less than four years after final completion of the Work.

8.3. Audit by the City. All of Contractor’s Project records, as identified above, shall be made available to the City (including agencies and entities designated by the City), and the Contractor shall provide copies of the Contractor’s records upon request by the City.

9. RESPONSIBILITY OF CONTRACTOR AND SUBCONTRACTORS.

9.1. Contractor is an independent contractor and is solely responsible for all acts of its employees, agents, or subcontractors, including any negligent acts or omissions. Contractor is not City’s employee and Contractor shall have no authority, express or implied, to act on behalf of the City 96 City of Belmont Contract Documents
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as an agent, or to bind the City to any obligation whatsoever, unless the City provides prior written authorization to Contractor.

9.2. For each subcontractor performing any portion of the Work for this Project, the Contractor shall include a provision in the subcontract documents incorporating by reference the requirements of these Contract Documents, to require the subcontractor to comply with the requirements of these Contract Documents as related to the portion of the Work performed by the subcontractor. This requirement shall specifically include: indemnification of the City (Agreement Section 16), business tax compliance (Agreement Section 12), insurance (Agreement Section 14), and nondiscrimination and compliance with law (Agreement Section 11.1).

10. CONFLICTS OF INTEREST. Contractor (including its employees, agents, and subcontractors) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. In the event that Contractor maintains or acquires such a conflicting interest, any contract (including this Agreement) involving Contractor’s conflicting interest may be terminated by the CITY.

11. LEVINE ACT DISCLOSURE. Contractor must disclosure on a form approved by the City whether Contractor or its agents have made contributions to one or more City officials that are subject to the requirements of the Levine Act (Calif. Gov’t Code § 84308(e) or the regulations of the Fair Political Practices Commission that implement the Act (Title 2 Calif. Code of Regs., §18438.8(b)). If at any time during the term of this Agreement the total contributions to a City official by Contractor and its agents exceed $250, Contractor must promptly disclosure the contributions by submitting a supplement written disclosure.

12. COMPLIANCE WITH LAW. The Contractor shall comply with all applicable legal requirements including all federal, state, and local laws (including ordinances, resolutions, and City Regulations), whether or not said laws are expressly stated in this Agreement.

12.1. Nondiscrimination. Contractor shall comply with all applicable federal, state, and local laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated in this Agreement. Contractor shall not discriminate against any employee or applicant because of race, color, religious creed, national origin, physical disability, mental disability, medical condition, marital status, sexual orientation, or sex.

12.2. Labor Compliance. Contractor must comply with all applicable federal, state, and local laws regarding labor compliance, including, but not limited to, all applicable provisions related to working hours, the payment of prevailing wages, travel and subsidence payments, apprentices, payroll records, and labor code penalties (as required by California Labor Code Sections 1720 through 1861, and as outlined in the General Conditions). Copies of the prevailing wage rates are on file with the City Engineer, and shall be made available to any interested party upon request.

See General Conditions Section 19 for more detail.

12.3. Department of Industrial Relations Registration. No contractor or subcontractor may be listed on a bid proposal for or work on a public works project unless registered with the Department of Industrial Relations under Labor Code section 1725.5 or submitting a bid as part 97 City of Belmont Contract Documents
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of a joint venture authorized by Business and Professions Code Section 7029.1 or by Public Contract Code Section 10164 and 20103.5, provided the contractor is registered to perform public work under Section 1725.5 at the time the contract is awarded.

12.4. Subcontractor Eligibility. Contractor acknowledges that under Public Contract Code Section 6109 no contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project under Labor Code Section 1777.1 or 1777.7 may bid on, be awarded, or perform work as a subcontractor on, a public works project. Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project under Labor Code Section 1777.1 or 1777.7.

13. PERMITS AND LICENSES. The Contractor must obtain and maintain all necessary permits and licenses for the performance of the Work.

13.1. Belmont Business License Tax. Contractor must apply for and pay the business tax and registration tax for a business license, in accordance with the Belmont City Code.

13.2. Fees, Royalties, and Patents. Contractor must pay all license fees and royalties related to or necessary for the Work and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device that is the subject of patent rights or copyrights held by others.

14. IMPROVEMENT SECURITY. Concurrently with the execution of this Agreement by the Contractor, and before the commencement of any Work, the Contractor shall furnish improvement security, in a form substantially the same as that set forth in the Exhibits, attached hereto, or in an alternate form authorized by state law and approved by the City, in the following amounts:

14.1. Faithful Performance security in the amount of 100% of the Contract Amount to secure faithful performance of this Agreement (until the date on which the City accepts the Work as complete).

14.2. Labor and Material security in the amount of 100% of the Contract Amount to secure payment by the Contractor to laborers and materialmen (until the date on which claims are required to be made by laborers and materialmen pursuant to law).

14.3. Warranty security in the amount of 10% of the Contract Amount to secure faithful performance of this Agreement (from the date on which the City accepts the Work as complete until one year thereafter).

15. INSURANCE.

15.1. Contractor must, throughout the duration of this Agreement, maintain insurance to cover Contractor (including its agents, representatives, subcontractors, suppliers, and employees) in connection with the performance of work under this Agreement, including against claims for 98 City of Belmont Contract Documents
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injuries to persons or damages to property which may arise from or in connection with the performance of the work.

15.2. Contractor must at a minimum maintain the following types of insurance indicated by the check box next to the insurance type. Contractor must fully comply with the City’s insurance specifications in Exhibit A “Insurance Standards for Construction”, attached to this Agreement.

City may modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Workers Compensation (WC)
Commercial General Liability (CGL)
The CGL limit level is modified as follows: .

Employers Liability (EL)
The EL limit level is modified as follows: .

Automobile Liability (AL)
The AL limit level is modified as follows: .

Professional Liability (PL)
The PL limit level is modified as follows: .

Pollution Legal Liability (PLL), Asbestos Legal Liability (ALL), Errors and Omissions (EO).

The PLL/ALL/EO limit level is modified as follows:
.

Builder’s Risk (Course of Construction).

15.3. Contractor waives any right to subrogation against the City, its officers, elected officials, employees, agents, or volunteers which any insurer of Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

16. REPORTING DAMAGES. If any damage (including death, personal injury or property damage) occurs in connection with the performance of this Agreement, Contractor must immediately notify the City Risk Manager’s office by email at [email protected], and Consultant shall promptly submit to the City’s Risk Manager and the City’s Authorized Representative, a written report (in a form acceptable to the City) with the following information: (a) name and address of the injured or deceased person(s), (b) name and address of witnesses, (c) name and address of Consultant's insurance company, and (d) a detailed description of the damage and whether any City property was involved.

17. RESPONSIBILITY FOR LOSS.

17.1. The City and its elected officials, officers, employees, agents and volunteers, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or 99 City of Belmont Contract Documents
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any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person (including but not limited to workers or the public) from any cause whatsoever; or for damage to property from any cause whatsoever.

17.2. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person (including but not limited to workers and the public) or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The Contractor shall indemnify and save harmless the City of Belmont and its elected officials, officers, employees, agents and volunteers from all claims, suits or actions of every name, kind and description brought for, or on account of, injuries to or death of any person (including but not limited to employees of Contractor, of subcontractor, or of any other person, firm or entity and the public) or damage to property arising from any cause whatsoever during the progress of the work or at any time before its final completion and acceptance. Contractor’s indemnification shall specifically include, but not be limited to, all claims arising out of: contract claims, property damage, personal injury, and any infringement of patent rights or copyrights incidental to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. Contractor’s indemnification shall include any and all costs, expenses, court costs, attorneys’ fees and liability incurred by the City in enforcing the provisions of this section, and in defending against such claims, whether the same proceed to judgment or not. Contractor shall reimburse City for any expenditures City incurs by reason of such matters. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. This indemnification shall survive termination of the Contract.

The Contractor waives any and all rights to any type of express or implied indemnity against the City, and its officers, officials, agents, employees and volunteers. It is the intent of the parties that the Contractor shall indemnify and hold harmless the City, and its elected officials, officers, agents, employees and volunteers from any and all claims, suits, or actions arising from any cause whatsoever as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the sole negligence, active negligence or willful misconduct of the City, and its elected officials, officers, agents, employees and volunteers.

17.3. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Agreement as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages as aforesaid.

17.4. Neither the elected officials, officers, agents, employees not volunteers of City, nor any officer or employee of any county, city or district shall be personally responsible for any liability arising under or by virtue of the Agreement.

17.5. Nothing in the Agreement is intended to make the public or any person a third party beneficiary under this Contract, nor is any term and condition or other provision of the Agreement intended to establish a standard of care owed to the public or any member thereof. 100
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Attention is directed to Section ___, “Insurance Provisions,” of the General Conditions for the Contractor's responsibility for providing and maintaining insurance.

18. ACCEPTANCE OF WORK. Before acceptance of the Work by the City, the Contractor shall be solely responsible for maintaining the quality of the Work, and maintaining safety at the Project site. The Contractor’s obligation to perform the Work shall not be satisfied until after the City Engineer has made a written determination that all obligations of the Agreement have been satisfied and all outstanding fees and charges have been paid, and the City has accepted the Work as complete.

19. WARRANTY.

19.1. Quality of Work. Contractor warrants to the City that all materials and equipment used in or incorporated into the Work will be of good quality, new, and free of liens, claims, and security interests of third parties; and that the Work will be of good quality and free from defects; and that the Work will conform with the requirements of the Contract Documents.

19.2. Documentation of Warranty. If required by the City Engineer, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. If required by the Contract Documents, the Contractor shall provide a written warranty from the manufacturer or supplier.

19.3. Warranty Period. The Contractor shall warrant the quality of the Work, in accordance with the terms of the Contract Documents, for the “Warranty Period.” The Warranty Period shall be a one year period (unless a longer period of time is specified in the Contract Documents) commencing as follows: (a) for any Work not identified as incomplete in the Certificate of Substantial Completion, commencing on the date of Substantial Completion; and (b) for any Work that is identified as incomplete in the Certificate of Substantial Completion, commencing on the date of Final Completion.

19.4. Default During Warranty Period. In the event that (during the Warranty Period) any portion of the Work is determined by the City Engineer to be defective as a result of an obligation of the Contractor under this Agreement (including any faulty workmanship or material, or any failure of the Work to operate in accordance with the requirements of the Contract Documents), the Contractor shall be in default.

20. DEFAULT.

20.1. Notice of Default. In the event that the Contractor is in default of this Agreement, as defined in this section, the City Engineer shall provide written notice to the Contractor and the Contractor’s surety (if any) in which the default is described.

20.2. Circumstances Constituting Default. Contractor shall be in default of this Agreement if the City Engineer determines that any one of the following conditions exists:

20.2.1. Contractor fails to perform any portion of the Work in accordance with the timing requirements of the Construction Schedule.
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20.2.2. Contractor abandons the Project site.

20.2.3. Contractor fails to replace or repair any damage caused by Contractor or its agents, representatives, contractors, subcontractors, or employees in connection with performance of the Work.

20.2.4. Contractor fails to supply workers, subcontractors, or other personnel with the skills, certifications, or licenses required by the Contract Documents.

20.2.5. Contractor violates any legal requirement related to the Work.

20.2.6. Contractor is insolvent, files for bankruptcy, makes a general assignment for the benefit of its creditors, or fails to pay its debts as they become due.

20.2.7. Contractor fails to perform any portion of the Work in accordance with the requirements of the Contract Documents.

20.3. City Remedies. The City may, in the discretion of the City Engineer, take any or all of the actions identified in this subsection, if the Contractor fails to: (a) promptly commence, and diligently and continuously prosecute the cure of the default, or (b) within ten (10) days, cure the default, or provide adequate written assurance to the satisfaction of the City Engineer that the cure will be promptly commenced and diligently prosecuted to its completion:

20.3.1. Demand the Contractor to complete performance of the Work (including repair, or removal and replacement, of nonconforming Work).

20.3.2. Issue a Notice of Suspension of Work, by which the Contractor shall suspend all Work except for those portions of the Work authorized by the Notice, and for which the Contractor shall not be entitled to any adjustment of the Contract Amount or Contract Time. Notwithstanding the timing requirements of this Section 19.3, if the City Engineer determines that a default may have a potentially adverse impact on the safety of persons or property (including but not limited to a failure by the Contractor to maintain documentation of insurance or improvement security as required by this Agreement), the City Engineer may immediately issue a Notice of Suspension of Work in accordance with this subsection.

20.3.3. Cure the default and charge the Contractor for all costs resulting therefrom, including administrative costs (including City staff costs, City consultant costs, and attorney’s fees) and interest in an amount equal to seven percent (7 %) per annum from the date of default, which charge may be deducted by the City from amounts otherwise payable to the Contractor.

20.3.4. Remove the Contractor from the site and demand the Contractor’s surety (if any) to complete performance of the Work.

20.3.5. Take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Contractor; accept the assignment of any or all of the subcontracts; and then complete the Work by any method the City may deem expedient. If requested by the City, Contractor shall remove any part or all of Contractor’s materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within seven (7) days of such request; and if Contractor 102
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fails to do so, the City may remove or store, and after ninety (90) days sell, any of the same at Contractor’s expense.

20.3.6. Terminate the Contract.

20.4. Termination for Default. In the event that the Contract is terminated by the City in accordance with this section:

20.4.1. Contractor shall not be entitled to receive any further payment until the expiration of thirtyfive (35) days after Final Completion and acceptance of all Work by the City

20.4.2. If the unpaid balance of the Contract Amount (to which the Contractor is otherwise entitled in accordance with the Contract) exceeds the cost of completing the Work (including all additional costs and expenses made necessary thereby, plus all losses sustained, including any liquidated damages provided under the Contract Documents), such excess shall be paid to Contractor. If the cost of completing the Work exceeds the unpaid balance of the Contract Amount, Contractor shall pay such excess to the City.

20.4.3. No termination or action taken by the City after termination shall prejudice any other rights or remedies of the City provided by law or by the Contract Documents upon such termination; and the City may proceed against Contractor to recover all losses suffered by the City.

21. NOTICES. All notices or demands which the Contract Documents contemplates or requires shall be in writing and shall be delivered to the respective party as set forth in this section.

Communications shall be deemed to be effective on the first to occur of: (a) actual receipt by a party’s Authorized Representative; (b) actual receipt at the address designated below; or (c) three working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated below. The Authorized Representative of either party may modify their respective contact information identified in this section by providing notice to the other party.

TO: City of Belmont To: Contractor
Attn:. Attn:

Brian Nguyen
One Twin Pines Lane, Suite
Belmont, CA 94002

22. HEADINGS. The heading titles for each paragraph of the Contract Documents are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Contract Documents.

23. SEVERABILITY. If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be construed as not containing that term, and the remainder of this 103
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Agreement shall remain in full force and effect; provided, however, this section shall not apply to the extent that enforcement of the Contract Documents without the term would be grossly inequitable under all the circumstances or would frustrate the purposes of the Contract Documents.

24. INTERPRETATION OF CONTRACT DOCUMENTS.

24.1. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of the Contract Documents shall be governed by and construed under the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of San Mateo.

24.2. Industry Standards. When Contract terms have a customary technical or trade meaning, the terms shall be interpreted in accordance with that meaning.

24.3. Standard Specifications and Codes. References to any regulations (including: standard specifications, manuals or codes of a technical society, organization or association; or laws or regulations of any governmental authority) shall mean the regulations in effect at the time of the Bid Opening, unless otherwise specifically identified in the Contract Documents.

25. ATTORNEY’S FEES. In the event any legal action is commenced to enforce the Contract Documents, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred, not to exceed $10,000.

26. ASSIGNMENT AND DELEGATION.

26.1. Assignment of The Contract Documents. The Contract Documents, and any portion thereof, shall not be assigned or transferred, nor shall any of the Contractor’s duties be delegated, without the written consent of the City. Any attempt to assign or delegate the Contract Documents without the written consent of the City shall be void and of no force or effect. A consent by the City to one assignment shall not be deemed to be a consent to any subsequent assignment.

26.2. Antitrust Claims. As required by the instructions to bidders and Government Code Section 4552, the Contractor hereby agrees to assign to the City, all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Action (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. The Contractor further warrants that all goods, services, and materials provided to the City in accordance with this Contract are free and clear of all liens and encumbrances.
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27. MODIFICATIONS. The Contract Documents may not be modified orally or in any manner other than by an agreement of the parties, in writing, in accordance with requirements of the Contract Documents.

28. WAIVERS. Waiver of a breach or default under the Contract Documents shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of the Contract Documents.

29. CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and conditions of this Agreement shall control.

30. ENTIRE AGREEMENT. The Contract Documents, including all documents incorporated herein by reference, comprise the entire integrated understanding between the City and Contractor concerning the Work to be performed for this Project. The Contract Documents supersede all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The Contract Documents are complementary; what is called for in one is binding as if called for by all.

To the extent that portions of the Contract Documents are not attached to this Agreement, they shall be deemed incorporated herein by reference.

31. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute the Contract Documents on behalf of the respective legal entities of the Contractor and the City. The Contract Documents shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

IN WITNESS WHEREOF the City and the Contractor do hereby agree to the full performance of the terms set forth herein.
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CITY OF BELMONT
By:

Afshin Oskoui, City Manager
Date:

CONTRACTOR
By:
(print name) (print title)
Date:

APPROVED AS TO FORM
Scott M. Rennie, City Attorney
By:
(print name) (print title)
Date:

FUNDING VERIFIED
Grace Castaneda, Finance Director
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INSTRUCTIONS FOR SIGNATURES – DO NOT INCLUDE WITH SIGNED CONTRACT ****************************************************************************** **********************
[PLEASE SELECT THE APPROPRIATE SIGNATURE BLOCK FROM THE FOLLOWING SAMPLES]

CORPORATIONS
XYZ Land Development Inc,
a California corporation
By: __________________
Its: __________________
[needs to be officer from the operations side:

President, CEO, Vice President]
By: ___________________
Its: ______________________
[needs to be officer from the finance side: Treasurer, CFO, Secretary] One corporate signature is acceptable if the person is an officer if the signature is notarized (although we would like you to ask for a corporate resolution showing that person is authorized to sign). A single signature where the person is not a corporate officer – eg general manager, etc – must be supported by a corporate resolution indicating that person has been delegated authority to sign contracts on behalf of the corporation

GENERAL PARTNERSHIPS
XYZ Land Development,
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a California general partnership
By: _____________________

Its: General Partner

LIMITED PARTNERSHIPS
XYZ Land Development, LLP,
A California limited partnership
By: _______________________
Its: General Partner
[need limited partnership agreement or certificate filed with state showing the person or entity is the general partner]
In many cases the general partner will be a corporation so the signature block would look like this:

XYZ Land Development, LP,
A California limited partnership
By: ABC Developers, Inc,
a California corporation
Its: General Partner
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By: ____________________
Its: President, CEO, VP
By: ________________________
Its: Secretary, Treasurer, CFO

LIMITED LIABILITY COMPANY
XYZ Land Development, LLC,
a California Limited Liability Company
By: ______________________
Its: Managing Member
[we need to see the operating agreement or certificate filed with secretary of state showing the person or entity is the managing member]
If the Managing Member is not an individual, but is a business entity then you would indent the signature block for the appropriate persons to sign as in the example for the limited partnership above.
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Exhibit A
1 Exhibit A
Insurance Standards for Construction
(Cover Sheet)
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**************************************************************************************************** [PLEASE SELECT THE APPROPRIATE SIGNATURE BLOCK FROM THE FOLLOWING SAMPLES]

CORPORATIONS
XYZ Land Development Inc,
a California corporation
By: __________________
Its: __________________
[needs to be officer from the operations side:

President, CEO, Vice President]
By: ___________________
Its: ______________________
[needs to be officer from the finance side: Treasurer, CFO, Secretary] One corporate signature is acceptable if the person is an officer if the signature is notarized (although we would like you to ask for a corporate resolution showing that person is authorized to sign). A single signature where the person is not a corporate officer – e.g. general manager, etc. – must be supported by a corporate resolution indicating that person has been delegated authority to sign contracts on behalf of the corporation

GENERAL PARTNERSHIPS
XYZ Land Development,
a California general partnership
By: _____________________

Its: General Partner

LIMITED PARTNERSHIPS
XYZ Land Development, LLP,
A California limited partnership
By: _______________________
Its: General Partner
[need limited partnership agreement or certificate filed with state showing the person or entity is the general partner] In many cases the general partner will be a corporation so the signature block would look like this:

XYZ Land Development, LP,
A California limited partnership
By: ABC Developers, Inc,
a California corporation
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Its: General Partner
By: ____________________
Its: President, CEO, VP
By: ________________________
Its: Secretary, Treasurer, CFO

LIMITED LIABILITY COMPANY
XYZ Land Development, LLC, a
California Limited Liability Company
By: ______________________
Its: Managing Member
[we need to see the operating agreement or certificate filed with secretary of state showing the person or entity is the managing member]
If the Managing Member is not an individual, but is a business entity then you would indent the signature block for the appropriate persons to sign as in the example for the limited partnership above. 112
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PERFORMANCE BOND Bond No. ___________
WHEREAS,___________________________________________ (“Principal”) has entered into an “Agreement” with the City of Belmont (“City”) for the Project identified on this Bond, the terms and conditions of which are incorporated herein by reference; and the terms of the Agreement require the Principal to submit performance security.

NOW, THEREFORE, Principal and _______________________________________ (“Surety”), are hereby held and firmly bound unto the City in the amount of $__________________, for payment of which Principal and Surety hereby bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if Principal (or its heirs, executors, administrators, successors, or assigns approved by the City) performs the covenants, conditions, and obligations of the Agreement, including the obligation to indemnify, defend, and hold harmless the City, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect.

The Surety’s obligation under this bond shall arise after the City has provided written notice to the Surety, at the address set forth below, of the Principal’s default under the Agreement, and the Principal’s failure to cure the default in accordance with the terms of the Agreement.

The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by any modification to the Agreement by the City and the Principal, and the Surety hereby waives notice of any such modification.

In the event suit is brought upon this bond, the surety shall pay reasonable attorneys’ fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

Principal Surety
NOTE: NOTARY ACKNOWLEDGMENT FOR SURETY AND SURETY’S POWER OF ATTORNEY MUST BE ATTACHED.

By:

Title:

Date:

By:

Title:

Date:

Address for Notices to Surety:
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PAYMENT BOND Bond No. ___________
WHEREAS, ___________________________________________(“Principal”) has entered into an “Agreement” with the City of Belmont (“City”) for the Project identified on this Bond, the terms and conditions of which are incorporated herein by reference; and the terms of the Agreement require the Principal to submit payment (labor & material) security for the benefit of all “Claimants”; and the term “Claimants” is defined as any of the persons named in California Civil Code Section 3181, or their assigns.

NOW, THEREFORE, Principal and _________________________________ (“Surety”), are hereby held and firmly bound unto the City, and all Claimants, in the amount of $_________________, for payment of which Principal and Surety hereby bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal (or its heirs, executors, administrators, successors, or assigns approved by the City) and all of its subcontractors pay: (a) all Claimants, and (b) all amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the Agreement, and (c) all amounts required to be deducted, withheld, and paid over to the California Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor; then this obligation shall become and be null and void; otherwise it shall remain in full force and effect.

The Surety’s obligation under this bond shall arise, and the Surety shall make appropriate payments, after the Surety has received written notice, at the address set forth below, of the Principal’s failure to make payment in accordance with the obligations of the Agreement or this bond. This bond shall inure to the benefit of the City and Claimants, as to give a right of action to any Claimant or their assigns in any suit brought upon this bond. In the event suit is brought upon this bond, the surety shall pay reasonable attorneys’ fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond. The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by any modification to the Agreement by the City and the Principal, and the Surety hereby waives notice of any such modification.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

Principal Surety
NOTARY ACKNOWLEDGMENT FOR SURETY AND SURETY’S POWER OF ATTORNEY MUST BE ATTACHED.

By:

Title:

Date:

By:

Title:

Date:

Address for Notices to Surety:
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MAINTENANCE BOND
(To be executed after acceptance of project by the City Council) KNOW ALL MEN BY THESE PRESENTS, that we, ______________________ as Principal, and ___________________________________, as Surety, are held and firmly bound unto the City of Belmont (hereinafter called the Obligee), in the penal sum of ____________________________________________ Dollars ($___________) for the payment of which, well and truly to be made, we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has heretofore entered into a contract with the Obligee for the _____________________________________Project, City Contract No.______________; and,
WHEREAS, the work called for under the contract has now been completed and accepted by Obligee;
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal shall for a period of one (1) year from and after the date of the completion and acceptance of the contract indemnify the Obligee against any loss or damage directly arising by reason of any defect in the material or workmanship that may be discovered within the period aforesaid, then this obligation shall be void; otherwise to remain in full force and effect.

All suits at law or proceedings in equity to recover on this bond must be instituted within twelve (12) months after the expiration of the maintenance period provided for herein.

Principal: _______________________ Surety: _______________________ Corporate Seal (where appropriate) Corporate Seal (where appropriate) _______________________________ _______________________________ Authorized Signature Authorized Signature
_______________________________ _______________________________ Printed name and title Printed name and title
_______________________________ _______________________________ Date Date
_______________________________ _______________________________ Street Address Street Address
_______________________________ _______________________________ City, State, Zip Code City, State, Zip Code
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ALTERNATIVE CLAUSES

1. Identification of Plans. The Contract Documents are more particularly defined in the Agreement, and generally include: all Bidding Documents (including the Invitation For Bids, these Instructions to Bidders, Addenda [if any], and Bid Forms), the Agreement, the Specifications (including the General Conditions, the Special Provisions , and the Technical Specifications ), the Exhibits (including bonds), and the Drawings (also referred to as “Plans”).

The Plans specifically include the following documents: [PLANS]

2. Truck Routes. Pursuant to City ordinances, use only authorized truck routes. Additional information is listed below:

The following streets are hereby declared to be truck routes for the movement of vehicles including loads in excess of EIGHT (8) TONS:
• All of Old County road within the City
• O’Neill Avenue from its intersection with Old County Road to its intersection with Kedith Street
The following truck traffic routes shall be limited to a maximum gross weight, including load, of THIRTEEN (13) Tons:
• All of Ralston Avenue
The maximum combined total vehicle weight, plus load, on all remaining streets shall not exceed Eight (8) Tons.

REQUIREMENT FOR PUBLIC NOTIFICATION
If more than fifty (50) yards of material will be hauled, the permit applicant shall be required to notify all property owners within a three hundred (300) foot radius of the date and time that the hauling will take place. (Belmont City Code Section 14-94(f)).

Alternate Improvement Security Clauses for Agreement Section 13:

Warranty security in the amount of 10 % of the Contract Amount (in the form of the Faithful Performance security) to secure faithful performance of this Agreement (from the date on which the City accepts the Work as complete until one year thereafter).

Alternate Insurance Clauses for Agreement Section 14:

Risk Management may require additional insurance coverage (e.g., $3,000,000 for commercial general liability).

Deductibles and Self-Insured Retentions. Any deductibles (including any self-insured retentions) must be declared to and approved by the City.

If the amount of the deductible for commercial general liability is greater than $______, the Contractor shall either: reduce the deductible to an amount less than or equal to 116
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$_____, or the Contractor shall procure a bond in an amount sufficient to guarantee payment of claims within the deductible amount (including losses and related investigations, administration and defense expenses).

If the amount of the deductible for property insurance is greater than $______, the Contractor shall either: reduce the deductible to an amount less than or equal to $_____, or the Contractor shall procure a bond in an amount sufficient to guarantee payment of claims within the deductible amount (including losses and related investigations, administration and defense expenses).

Alternative Clauses 1 of 1
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GENERAL CONDITIONS

CITY OF BELMONT
CITY CONTRACT NUMBER 2025-638
Belmont Village Bicycle Improvement Project
G.C. 1 STANDARD SPECIFICATIONS
The State of California Department of Transportation Standard Specifications “Caltrans Standard Specifications” (2018) in conjunction with Standard Specifications for Public Works Construction “Greenbook” (2018) shall be the referenced standard specifications for this contract. All work shall conform to the aforementioned standard specifications, including General Conditions, Special Provisions and Technical Specifications, unless otherwise specified in the Contract Documents.

G.C. 2 DEFINITIONS
“City of Belmont,” the “Contractor,” and the “Contract Documents” are identified in the Standard Contract Agreement. The “City of Belmont” and the “Contractor” include their authorized representatives and are treated throughout as if each were singular in number and neuter in gender. “Contractor” includes its surety. Whenever in the Standard Specifications and Contract Documents the following terms are used, they shall be understood to mean and refer to the following:

A. Agency/City The City of Belmont, California
B. Engineer The Director of Public Works and his authorized representatives.

G.C. 3 ENGINEER
The Engineer shall act as the City’s representative during the construction period. He shall determine the amount, quality, acceptability and fitness of parts of the work and interpret the Contract Documents. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. No act or omission of the Engineer shall relieve the Contractor of the duty to proceed with the work in strict conformity with the Contract Documents.

At least one week prior to the start of work, the Contractor shall furnish to the Engineer a Schedule of Work showing the Contractor’s planned sequence of operations. Such schedule shall be subject to the review and approval of the Engineer. No work shall be done until the Contractor and the Engineer have agreed to the schedule to be followed by the Contractor.

Upon request, the Engineer shall reduce to writing any oral order, objection requirement or determination. All communications to the City by the Contractor shall be via the Engineer.

Whenever the Engineer’s approval is requested, it shall be in writing only.

In accordance with Belmont’s Construction Noise Ordinance, work within the City’s right of way shall be done during normal working hours of 8 am to 5 pm, Monday through Friday. 118
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City Contract Number 2025-638
The Contractor shall hand deliver written notification to the Engineer prior to any emergency overtime, weekend or holiday. The sum of the City Inspector’s pay for inspection of overtime weekend or holiday work performed will be deducted from any moneys due to the Contractor.

Overtime is defined as work in excess of 8 hours in a day. The Contractor, and not the Engineer, shall be responsible for the construction means, controls, techniques, sequences, procedures and construction safety.

As stated elsewhere, amounts shown in the Proposal and Contract as to quantities are estimates only. From time to time, the Engineer shall direct the Contractor as to the prosecution of the work in such manner as to increase or decrease such estimates as to the work actually to be done.

The Contractor shall comply with such instructions and shall be paid only for work actually done based on the unit prices set out in the Contract.

G.C. 4 AWARD AND EXECUTION OF CONTRACT
The right is reserved to reject any bids if the Engineer is not satisfied that the bidder is fully qualified to carry out the terms of the Contract.

G.C. 5 PROTECTION
At his expense the Contractor shall:

A. Protect all utilities from damage and not disturb such utilities without approval of the governing agency. Contact Underground Service Alert (USA) at 1-800-227-2600 at least 48 hours prior to commencing excavations.

B. Work with the respective utility companies to assure proper reconnection and relocation of such services. The Contractor is expected to include the cost of working with these utility companies in the price bid for the work involved.

C. Take every precaution against injuries to persons or damage to property.

D. Comply with regulations governing the use of the property. The Contractor shall furnish the City with a copy of written permission from the property owner to the Contractor prior to using private property for any storage of materials, equipment or debris.

E. Store and suitably protect its apparatus, equipment, materials, and supplies in an orderly fashion on site.

F. Place on the work only such loads as are consistent with the safety of the work.

G. Effect all cutting, fitting, or patching or its work required to make it conform to the Plans and Specifications and interrelated with other improvements but, except with the consent of the Engineer, shall not cut or otherwise alter existing improvements.

H. Protect and preserve established benchmarks and monuments, make no changes in the location of such without the prior written approval of the City, and replace and relocate any which may be lost or destroyed or which require shifting because of necessary changes in grades or locations. All replacement and relocation work shall be accomplished only after approval of the City and under the direct supervision and instructions of the Engineer. 119
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Project: Village Bicycle Improvements
City Contract Number 2025-638
I. Before final payment, remove all surplus material, false work, temporary structures, debris, and similar matter resulting from its operation from the site and put the site in an orderly condition.

J. Construct, operate and maintain all passageways, guard fences, lights, barricades and other facilities required for protection by state or municipal laws and regulations and local conditions during the course of the work.

K. Guard the City’s property from injury or loss.

L. Take all reasonable precautions for dust and noise control and generally conduct operations so as not to constitute a nuisance.

M. Protect existing signs, fences, asphalt pavement, concrete curb, and gutter and other highway facilities which may be encountered in the roadway. The replacement or repair of any facilities which the City deems necessary as a result of the Contractor’s operations shall be done by the Contractor at its own expense and to the satisfaction of the City.

G.C. 6 VALUE ENGINEERING
The City is receptive to proposals from the Contractor identifying ways to reduce project costs and will share 50% of the cost savings with the Contractor if the proposal is accepted. The City encourages the Contractor to submit cost saving proposals on construction methods, products or materials that are equal to, or better than, what is specified by the project plans or specifications.

The City is not obligated to accept and implement the proposal; however, if the City does accept the proposal for implementation, the City will share 50% of the cost savings with the Contractor.

The cost savings shall be limited to the project for which the proposal is made. The City retains the right to implement the Contractor’s proposal on future projects without obligation to sharing the future cost savings. The cost saving/value engineering program is administered by the City in accordance with California Public Contract Code Section 7101.

G.C. 7 CHANGES IN THE WORK
The City shall have the right to make any reasonable changes in the project plans or quantities determined to be necessary or expedient. In case such changes increase or diminish the work shown, the Contractor shall be paid for the work actually done at a mutually agree upon adjustment to the Contract price, based upon the accepted Bid Proposal or according to the provisions of Paragraph 7, Changes in Work. The Contractor shall not be entitled to extra payment, nor shall any claim be made on account of anticipated profits on the work that may be omitted.

G.C. 8 CHANGES IN CONTRACT PRICES
Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Engineer and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted. 120
City of Belmont Contract Documents
Project: Village Bicycle Improvements
City Contract Number 2025-638
The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways:
a. By agreed lump sum
b. By agreed unit prices
c. By Force Account
If neither a nor b methods can be agreed upon and the Contractor receives written order to make such changes, the Contractor shall be compensated by Force Account for his actual necessary costs, including labor, material, and equipment rental, as determined by the Engineer, plus a negotiated fixed fee for profit and such overhead items as home and branch office expenses, general expenses, general superintendence, indirect labor, and licenses. The negotiated fixed fee shall not exceed fifteen percent (15%) of actual necessary direct costs.

In addition to the actual cost of labor, the amount due the Contractor shall include the cost of compensation insurance, contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid the Federal Government, as required by the Social Security Act, approved August 14, 1935, as amended to date, plus other payments the Contractor must make to, or on behalf of, the workers.

For use of equipment owned by the Contractor, the rental rates therefore shall be based upon the current prices prevailing in the locality, not to exceed the rates promulgated by the California (State) Department of Transportation in effect at the time the work was performed.

It is understood that labor, materials, and equipment may be furnished by the Contractor, or by the subcontractor, or by others on behalf of the Contractor. When the work is performed by other than the Contractor’s organization, the Contractor shall reach an agreement with such other forces as to the distribution of payments made for such, and no additional payment therefore will be made by the City.

When Force Account work is performed by a bona fide and approved subcontractor, the negotiated fixed fee markup is limited to ten percent (10%) for the subcontractor, and five percent (5%) for the prime Contractor, on the performing subcontractor’s actual costs, and no markup will be allowed for any intermediary subcontractor between the performing subcontractor and the prime Contractor.

All labor furnished on Force Account work shall be adjusted daily upon report sheets, furnished by the Contractor and signed by both parties, which daily report sheets hall thereafter by considered the true record of Force Account labor provided.

In order that a proper estimate may be made by the Engineer of the net cost of labor and materials entered into Force Account work, in accordance with the procedure hereinbefore stated, the Contractor shall furnish weekly an itemized statement of materials and labor supplied together with the cost of such material and the wages paid, and shall furnish vouchers for quantities and prices of such labor, material, or work. In case the Contractor fails to comply with the above provisions, he shall have no claim for compensation against the City. 121
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Project: Village Bicycle Improvements
City Contract Number 2025-638
City reserves the right to contract with any person or firm other than the Contractor for any or all extra work. The Contractor’s attention is especially called to the fact that he shall be entitled to no claim for damages for anticipated profits on any portions of work that may be awarded to others.

When the Contractor considers that any changes ordered involve extra work that the Engineer has not recognized as such, he shall immediately notify the Engineer in writing as to when and where alleged extra work is to be performed. If the Engineer directs by written order that the alleged extra work be performed, the Contractor shall comply, and shall make claim for compensation therefore each month not later than the 20th day of the month during which the work claimed to be extra work was performed, and he shall submit a weekly complete statement of materials used and expenses incurred on account of extra work performed, showing allocation of all materials and expenses. All such claims shall state the date of the Engineer’s written order.

Unless such notification is made in writing and unless complete statements of materials used and expenses incurred on account of such alleged extra work are furnished as above required, the Contractor shall not be entitled to consideration for payment for alleged extra work, and any future claims for compensation for such alleged extra work shall be invalidated.

G.C. 9 BRAND OR TRADE NAME - SUBSTITUTE OF EQUALS
Reference is made in Section 3400 of the California Public Contracts Code, which is by this reference incorporated herein with like effect as if here set forth in full.

If a potential bidder believes he knows of an equal to a specified brand or trade name which is not mentioned in the Contract Documents, then such potential bidder may so advise the Engineer of such fact, giving all relevant information. If appropriate, an Addendum will be issued as to the alleged equal provided that such issuance may be accomplished at least 5 days before the time fixed for opening bids.

Unless the subject article or product is expressly designated for matching others in use in a particular public improvement either completed or in the course of completion, any bidder may, as part of its bid proposal, include a request for substitution of an item equal to any specified brand or trade name. At the preconstruction meeting, the Contractor may submit to the Engineer data substantiating such a request, and the difference, if any, in cost. The Engineer shall promptly investigate the request and make a recommendation to the City as to equality.

The City shall promptly determine where the substitute is equal in every respect to the item specified, and approve or deny the request accordingly, and shall notify the Engineer of the determination made, who shall advise the Contractor in writing of the decision. Unless the request is granted, substitution will not be permitted. In accordance with Section 3400 of the California Public Contracts Code, the Contractor shall be provided a period of not less than 35 days after the award of contract for submission of data substantiating a request for a substitution of “an equal” item.

Nothing herein shall authorize a change in the Contract price or prevent the use of change order in the manner provided elsewhere in the Contract Documents. 122
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Project: Village Bicycle Improvements
City Contract Number 2025-638
G.C. 10 FINAL INSPECTION, ACCEPTANCE AND NOTICE

OF COMPLETION
Upon written notice from the Contractor that the entire work required by the Contract Documents is complete and that all submittals required by him are made, and after the Contractor has delivered the bonds, certificates of inspection, proof of insurance, guarantees, warranties, releases, and other documents, all as required by the Contract Documents or by law, a post construction conference will be held to review the work and resolve any unsettled matters.

Present at the conference shall be the Engineer, the Inspector, the Contractor, and the Contractor’s Superintendent. Following this conference, Engineer will make a final inspection, the Contractor, and the City will notify the Contractor in writing of any deficiencies in the submittals and other documents required of him. The Contractor promptly shall make such corrections as are necessary to remedy all defects or deficiencies. After the Contract has completed any such corrections to the satisfaction of the City, the City will issue a written final acceptance of the work and file any notice of completion required by law or otherwise.

Final Inspection will be in two phases: a semi-final inspection by the Construction Inspector and the Contractor; and a final inspection, including representatives of the City, the Contractor, and any State or County agency. At the conclusion of the semi-final inspection, the Construction Inspector will provide the Contractor, in writing, a “punch list” of items requiring completion of remedial work. The Contractor shall rectify all matters on the “punch list” before making his formal request, in writing, for Final Inspection. Upon completion of the final inspection, if further completion or remedial work is determined to be necessary, the Engineer shall transmit to the Contractor a final list of items for remedial attention. After final inspection, the City Council will adopt a resolution determining that the contract work, or designated phases thereof, is substantially complete and is accepted.

G.C. 11 GUARANTEE AND WARRANTY OF WORK
The Contractor shall submit all products and materials to be used to the Engineer for approval.

The Contractor shall provide a list of submittals at the pre-construction conference.

Notwithstanding inspections and acceptance by the City of work furnished under this contract, the Contractor warrants to the City that all materials and equipment furnished under the contract, including that provided pursuant to change orders, will be of good quality and new, that the work will be free from defects in material or workmanship and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

This warranty by the Contractor is in addition to any warranties or guarantees required by the special provisions or technical specifications for specified items of equipment or materials. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained such separate warranties furnished by manufacturers or suppliers.

If, within one year after the date of final acceptance of the work by the City, any of the work is found not to be in accordance with the Contract Documents the Contractor shall correct it promptly after written notice from the City to do so, and pay for any damage to other property 123
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Project: Village Bicycle Improvements
City Contract Number 2025-638
resulting from such non-conforming work. If the Contractor fails to make the repairs or replacements promptly, or in any emergency when delay could cause risk or damage or loss, the City may have the non-conforming work removed, replaced or corrected at the expense of the Contractor and his surety. If the amount of the performance bond is insufficient to cover such work, the Contractor shall be liable to pay any such deficiency on demand by the City.

Nonconforming work which is remedied under this Section shall be subject to an extended warranty obligation for a period of one year after the non-conforming work has been remedied.

All workmanship performed, and materials/equipment installed, as part of this contract shall be guaranteed for a period of one year, commencing upon issuance of the Notice of Completion for the work under this contract.

G.C. 12 CITY’S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT The City, without prejudice to such other right, remedy or relief it may be entitled to, may by giving ten (10) days notice to the Contractor, terminate the employment of the Contractor and it his right to proceed, if:

A. The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors.

B. A receiver or liquidator is appointed for the Contractor or any of its property.

C. The Contractor shall refuse or fail after Notice of Warning from the City by the Engineer to supply sufficient properly skilled workmen or suitable materials.

D. The Contractor fails to prosecute the work with such diligence as will insure its completion within the stipulated time period.

E. The Contractor shall fail to make payments to persons supplying labor or materials for the work.

F. The Contractor does not comply with applicable law or instructions of the Engineer.

G. The Contractor is otherwise guilty of a substantial violation of any provision of the Contract Documents.

If the City determines that the Contractor has failed to perform any of its obligations under the Standard Contract Agreement or to otherwise comply with the Standard Contract Agreement, then, in addition to all other remedies provided by law, City may terminate the Standard Contract Agreement immediately upon written notice to the Contractor provided, however, that if the City’s determination of the Contractor’s failure to perform under or comply with the Standard Contract Agreement can be cured by Contractor within thirty (30) days from the date that City discovers Contractor’s failure to perform or comply, then the City may provide Contractor with a notice of Contractor’s failure to perform or comply and provide Contractor with a definite period of time, to be specified in the notice and not to exceed a maximum period of thirty (30) days from the date of the notice, to cure. Failure to perform or comply to City’s satisfaction within the definite time period specified in the notice are grounds for termination by City.

The City Manager is empowered to terminate the Standard Contract Agreement and issue the notices provided for in this Section on behalf of City. In the event of termination, the Contractor 124
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Project: Village Bicycle Improvements
City Contract Number 2025-638
shall immediately cease all work being performed under the Standard Contract Agreement.

Termination of the Standard Contract Agreement by City shall constitute the withdrawal of any consent or authorization of City for Contractor to perform any construction or other work under the Standard Contract Agreement in the public right-of-way or on public property, excepting only that work necessary to leave all work site areas in a clean and safe condition.

The City’s right to terminate may be for the entire work, or at the City’s option, as to any portion thereof as to which delay shall have occurred or breach or miscompliance related, and may thereupon take possession of the entire work or portion thereof. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance shall exceed the expense of completion, and other damage, expense or loss of the City occasioned by the Contractor’s failure to properly perform, the Contractor shall pay such excess.

If such expense and damage exceeds the unpaid balance, the Contractor is liable to the City for the excess. If the City elects to proceed under this Section, it may take possession of and utilize in completing the work such materials, supplies, pain and equipment on site which may be necessary or convenient for the purpose of completing the work. The City is expressly granted the right, acting via an Engineer or otherwise, to operate equipment and machinery on site for the purpose of determining whether it has a basis for proceeding under this Section.

G.C. 13 PAYMENT AND MONTHLY ESTIMATES

1. Schedules, Reports and Records As stated in Section 9-2 of the Standard Specification for Public Works Construction “Greenbook” (latest edition), the Contractor is required to submit to the Engineer for approval, a schedule of values for bid items. Lump Sum bid items are to be broken out into appropriate segments to create the schedule. This is to be integrated with the project work schedule and submittal schedule. These schedules will be used in the evaluation of Contractor Progress Payment Requests to the City.

2. Pay Period On or immediately after the first day of each month, the Contractor is to submit to the Engineer a “Request For Progress Payment.” This request is to be for work performed and for materials on the site up to and including the last day of the month. The Request For Progress Payment is to be submitted on a “Payment Application and Certificate” form (CP-14).

3. Retentions Pursuant to Section 9-3.2 of the Specifications, 5 percent of each month’s amount earned by the Contractor will be retained by the City until 50 percent of the contract work is completed. At that point, at the Engineer’s discretion, if work is proceeding satisfactorily, retention may be discontinued except for the amount previously retained. Pursuant to Section 9-3.2 of the Standard Specification for Public Works Construction “Greenbook” (latest edition), the Contractor may elect to place sufficient acceptable securities with the City or in an escrow account, in lieu of the Engineer’s retention of the funds. Earnings from such an escrow account shall accrue to the benefit of the Contractor. All procedures and documentation shall be as provided by State Law.

4. Preparation and Processing of Monthly Progress Payment Requests Each monthly progress payment shall be submitted on a copy of the form “Payment Application and 125
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Project: Village Bicycle Improvements
City Contract Number 2025-638
Certificate” (CP-14). It shall be prepared and certified by the Contractor and submitted to the Engineer, on or immediately following the last day of the month. It shall include the Contractor’s itemization, prepared in a format approved by the Engineer and including the approved schedule of values. The “Payment Application and Certificate” (Form CP-14) shall be signed by an authorized representative of the Contractor.

Preparation of the request for progress payment should be preceded by consultation between the Contractor and the Engineer to determine acceptable percentages of completion for items in the Schedule of Values for which work has been performed. The extension of the total amount due per Schedule Item should agree with the percentage of completion. This may necessitate expressing the percentage figure to four decimal places.

Pursuant to Section 9-3.3 of the Specifications, requests for payments for materials on the site shall be accompanied by invoices, bills of sale, delivery tickets or other documentation that establishes the City’s title and the value of materials for which payment is requested.

Requests for payment of Change Orders authorized by the City shall be accompanied by signed daily work orders for labor, equipment and materials if performed on a time and material basis.

These are to be submitted on “Cost of Work Record” forms (CP-18).

The Engineer will review the request, check all mathematical entries, percentages and extension, and when satisfactory, will transmit the Form CP-14 to the Director of Public Works with recommendation for payment. Upon approval, the Engineer will submit, the progress payment request to the City’s Finance Department for payment to the contractor. Payment will then be issued to the Contractor by the City, with retention of a portion of the funds by the City, as indicated above. If a retention securities escrow account has been established, the City will make 100% payment of the approved monthly progress payment.

Upon satisfactory completion of the Contract work, and official acceptance by the City, the retained amount will be paid to the Contractor by City, or the City will authorize the release of impounded securities to the Contractor, all subject to the provisions of Section 9-3.1 of the Specifications.

G.C. 14 FAILURE TO COMPLETE THE WORK IN THE TIME AGREED UPON
It is agreed by the parties to the Contract that time is of the essence; and that in the case all the work is not completed before or upon the expiration of the time limit set forth, damage will be sustained by the City and it is, therefore, agreed that the Contractor will pay to the City as damages the amount of the actual damage as determined, due to the failure to complete the work in the time agreed upon. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the contract and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges. The expenses and damages described above shall be deducted from any money due the Contractor under this contract; the Contractor and his sureties shall be liable for any such excess cost. 126
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Project: Village Bicycle Improvements
City Contract Number 2025-638
The Contractor shall not be deemed in breach of its contract and no forfeiture due to delay shall be made because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contract, provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 6-6 of the Standard Specification for Public Works Construction “Greenbook” (latest edition).

Unforeseeable causes of delay beyond the control of Contractor shall include acts of God, acts of a public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays caused by failure of the City or the owner of a utility to provide for removal or relocation of existing utility. Failure of the Contractor, its agent, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part or all of the work or to supply any equipment or materials shall not be excusable delays.

Excusable delays (those beyond Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole remedy of the Contractor shall be to seek an extension of time.

G.C. 15 FINAL ACCEPTANCE, RECORDING AND PAYMENT
Upon satisfactory completion of the contractor work or designated phase thereof, and receipt, by the City, of required releases and the “Contractor’s Certificate of Release and Request for Final Payment” (CP-20), the acceptance process is as follows:

1. The Engineer recommends to the City Manager and the City Council that the contract work, or designated phase thereof, is substantially complete and ready for acceptance by the City.

2. The City Council adopts a resolution determining that the contract work, or designated phases thereof, is substantially complete and is accepted. The resolution directs the City Clerk to do the following:
(a) Issue a “Notice of Substantial Completion” (Form CP-21) to the Contractor. (b) File with the County Recorder of the County of San Mateo a “Notice of Completion of Contract” (Form CP-22). Filing not to occur until after certification by the Engineer to the City Clerk that all required “punchlist” items have been satisfactorily remedied by the Contractor. On the date established in the “Notice of Completion” the Contractor’s required one-year warranty period will commence, and the City will assume operational responsibility for the completed facilities.

3. Upon issuance of the “Notice of Substantial Completion” to the Contractor, the City will make final payment to the Contractor of the amount remaining after deducting all prior payments and deducting all amounts to be kept or retained by City under the provisions of the contract documents.

4. If all “punch list” items have been satisfactorily remedied, then within ten days of the City Council adoption of the resolution determining the contract work, or designated phase thereof, completed and accepted, the City Clerk will file with the County Recorder the “Notice of Completion of Contract.” If a “punchlist” of remedial work remains to be performed by Contractor, then provisions of Section 2.b, above, shall govern as to the time of filing the “Notice of Completion of Contract.”
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Project: Village Bicycle Improvements
City Contract Number 2025-638

5. A period of thirty-five (35) calendar days will elapse from the date of filing of the “Notice of Completion of Contract” with the County Recorder before the final payments of retained amounts will be made to the contractor.

6. If no stop notices are received by the City within the stated 35-day filing period, the City will issue final payment of retained amounts for the contract work, or designated phase thereof, to the contractor. If any stop notice is received by the City within the 35-day waiting period, it will be referred to the City’s legal counsel and final payment of retained amounts will be deferred or adjusted in accordance with advice of legal counsel, until such stop notice matter has been satisfactorily resolved.

G.C. 16 RESOLUTION OF DISPUTES
The City of Belmont incorporates the provisions of Chapter 1414 of the State Public Contract Code (A.B. No. 4165) as part of its plan and specifications for the resolution of construction claims through arbitration. A summary of its provisions are included in the modification to the Standard Specifications which the Contractor is directed to read. The Contractor is also directed to review the entire Statute, Chapter 1414, Section 20207.4 and Section 20104 of the Public Contract Code.

The City’s records setting forth the fair and reasonable cost of repairing, replacing, rebuilding or reasonable cost of repairing, replacing, rebuilding or restoring any damage or defects when performed by one other than the Contractor shall be binding and conclusive as to the amount thereof upon the Contractor.

G.C. 16.1 CONTRACT INTERPRETATION BY THE ENGINEER
Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Engineer. The Engineer will respond to the Contractor in writing with a decision.

G.C. 16.2 CLAIMS
G.C. 16.2.1 NOTICE
If the Contractor disagrees with the Engineer’s decision in G.C.16.1, Contract Interpretation by the Engineer, or in any case, where the Contractor deems additional compensation or a time extension to the contract period is due him for work or materials not covered in the contract or which the Engineer has not recognized as extra work, the Contractor shall notify the Engineer, in writing, of his intention to make claim. Claims pertaining to decisions provided in G.C.16.1 shall be filed in writing to the Engineer within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Engineer prior to the commencement of such work. Written notice shall use the words “Notice of Potential Claim.” Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount.

Additionally, no claim for additional compensation or extension of time for a delay will be considered unless provisions of G.C.7, Changes in the Work; G.C.8, Changes in Contract Prices; 128
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Project: Village Bicycle Improvements
City Contract Number 2025-638
and G.C.25, Termination of Contract by Contractor of these General Conditions, are complied with. No claim filed after the date of final payment will be considered.

It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by him as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor’s increased costs resulting from the situation, to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Engineer has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.

G.C. 16.2.2 SUBMISSION OF CLAIM COSTS
Within thirty (30) days after the last cost of work for which the Contractor contends additional compensation is due, but if costs are incurred over a span of more than 30 days, then within fifteen (15) days after the thirtieth day and every month thereafter, the Contractor shall submit to the Engineer the costs incurred for the claimed matter. Claims shall be made in itemized detail satisfactory to the Engineer in content, detail and format of presentation. If the additional costs are in any respect not knowable with certainty, they shall be estimated. If the claim is found to be just, it shall be allowed and paid for as provided in G.C.7, Changes in the Work.

G.C. 16.2.3 CLAIM MEETINGS
From time to time the Engineer may call special meetings to discuss outstanding claims. The Contractor shall cooperate and attend, prepared to discuss outstanding claims, making available the personnel necessary for claim resolution, and providing documents reasonably requested by the Engineer.

G.C. 16.3 RESOLUTION OF CLAIMS
For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy-five thousand ($375,000) or less shall be resolved pursuant to the provisions of that code section, which is summarized in G.C.16.3.1 and 16.3.4 are applicable; however, G.C.16.3.5, Civil Action for claims less than $375,000 is not applicable.

G.C. 16.3.1 CLAIMS LESS THAN $50,000

1. For claims of less than fifty thousand dollars ($50,000), the Engineer shall respond in writing to written claims within 45 days of receipt of the claim in G.C.16.2, Claims, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor.

2. If additional information is thereafter required, it shall be requested and provided pursuant to this section, upon mutual agreement of the City and the Contractor. 129
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Project: Village Bicycle Improvements
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3. The Engineer’s written response to the claim, as further documents, shall be submitted to the Contractor within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.

G.C. 16.3.2 CLAIMS GREATER THAN $50,000

1. For claims of over fifty thousand dollars ($50,000), the Engineer shall respond in writing to all written claims within 60 days of receipt of the claim in G.C.16.2, Claims, or may request, in writing, within 30 days of receipt of claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor.

2. If additional information is thereafter required, it shall be requested and provided pursuant to this paragraph, upon mutual agreement of the City and the Contractor.

3. The Engineer’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

G.C. 16.3.3 CLAIM CONFERENCE
If the Contractor disputes the Engineer’s written response, or if the Engineer fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the Engineer’s response or within 15 days of the Engineer’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30 days for settlement of the dispute.

G.C. 16.3.4 CLAIM FILING
If following the meet and conference described in G.C.16.3.3, Claim Conference, the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to G.C.16.2, Claims, until the time the claim is denied, including any period of time utilized by the meet and conference.

G.C. 16.3.5 CIVIL ACTIONS FOR CLAIMS LESS THAN $375,000 The following procedures are established for all civil actions filed to resolve claims for less than three hundred seventy five thousand dollars ($375,000).

1. Within 60 days, but not earlier than 30 days, following the filing or responsive pleading, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 130
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30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (b) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under the chapter, also pay the attorney’s fees on appeal of the other party.

G.C. 16.3.6 UNRESOLVED ISSUES
Unless this contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the City and the Contractor that are not resolved between the City and the Contractor and are not governed by Public Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall not be used for resolution of these disputes. Should either party to this Agreement bring legal action against the other, the case shall be handled in the California County where the work is being performed.

G.C. 16.4 RECORDS OF DISPUTED WORK
In proceeding with a disputed portion of the work, the Contractor shall keep accurate records of its costs and shall make available, to the Engineer, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Engineer on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.

G.C. 17 DOCUMENTS OF CONTRACTOR
Upon demand, the Contractor shall make available to the City all documents in its possession relevant to the work accomplished or to be accomplished or any demand or claim of the Contractor as to the City. This includes copies of documents sent by the Contractor to others relevant to the work. The Contractor shall further make available to the City conformed copies of all documents submitted to the sureties who executed indemnification made to such surety by others for such purpose. The Contractor shall maintain in its possession all documents to the work for three years after Notice of Completion.

G.C. 18 PROJECT SAFETY AND RESPONSIBILITY OF CONTRACTOR TO

ACT IN AN EMERGENCY
The Contractor shall take all responsible precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:
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1. All employees on the work and all other persons and organizations who may be affected thereby.

2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor of any of its subcontractors or sub-subcontractors.

3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structure and utilities not designated for removal, relocation, or replacement in the course of construction.

4. Vehicular and pedestrian traffic on or near the project site. These requirements shall apply continuously and not be limited to normal working hours.

The Contractor shall give all notice and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss. Except where otherwise expressly required by applicable laws, the City may monitor the Contractor’s compliance with any laws or regulations.

The Contractor shall erect and maintain, as required by existing conditions and progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and uses of adjacent utilities.

Full compensation for the work involved in carrying out the safety precautions shall be considered as included in the various items of work and no additional payment will be made therefor.

In case of an emergency which threatens loss or injury to property or life, the Contractor shall act without previous instructions as the situation may warrant. The Contractor shall notify the Engineer immediately thereafter. Any compensation for emergency work claimed by the Contractor, together with substantiating documentation, shall be submitted to the City via the Engineer.

G.C. 19 LABOR CODE
A. Public Works. The services to be performed under this contract are for “public works” within the meaning of Labor Code Section 1720. The Contractor must comply with the requirements applicable to public works contractors as contained in Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720) and as set forth in this section. This contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Hours of Labor. As required by Labor Code Section 1810 and 1813, the parties stipulate as follows. Eight hours labor constitutes a legal day's work. The Contractor shall forfeit, as penalty to the City, $25 for each workman employed in the performance of the Contract by the Contractor or by any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight hours in any one day and 40 hours 132
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in any one calendar week in violation of Labor Code Sections 1810 to 1815, except that work performed by employees of the Contractor in excess of eight hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half times the basic rate of pay.

C. Prevailing Wage. Contractor must comply with the prevailing wage requirements of Labor Code Sections 1720 to 1780. D. Wage Rates.

1. In accordance with Labor Code Section 1773.2, the City has obtained from the Director of the California Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker needed to execute the contract, a copy of which is hereby incorporated by reference.

Copies of the prevailing rates of per diem wages are on file in City’s office and are available to any interested party.

2. The Contractor must post a copy of the prevailing rate of per diem wages at each job site.

3. The term “per diem wages” is defined in Labor Code Section 1773.1. E. Failure to Pay Prevailing Wages.

1. In accordance with Labor Code Section 1775, the Contractor will forfeit as a penalty to the City an amount determined by the Labor Commissioner under Section 1775 for each calendar day or portion thereof for each workman paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the Contract by the Contractor or by any subcontractor under the Contractor in violation of the provisions of the Labor Code.

2. As required by Labor Code Section 1775, the parties stipulate that the contractor and subcontractors must comply with Section 1775, and in the event of non-compliance with payment of prevailing wages to workers, the contractor or subcontractor must 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 to each worker.

3. The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract. F. Payroll Records.

1. The Contractor and each subcontractor must comply with Labor Code Section 1776 and all requirements of contractors stated therein for the maintenance, inspection and certification of payroll records.
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2. The Contractor and each subcontractor must furnish electronic certified payroll records directly to the Labor Commissioner.

3. The Contract and each subcontractor must furnish certified payroll records to the City with each progress payment request.

4. The Contractor and each subcontractor who fails to timely furnish payroll records or make the records available for inspection will forfeit to the City the penalty for noncompliance set forth in Labor Code Section 1776 for their respective failure.

G. Apprentices. This subsection applies to contracts for Public Works involving $30,000 or more.

1. The contractor and each subcontractor must comply with the requirements for employment and compensation of apprentices as set for in Labor Code Section 1777.5. The prime Contractor is responsible for compliance with Labor Code Section 1777.5 for all apprenticeable occupations.

2. As required by Labor Code Section 1773.3, the City will send notice of the award of this Contract to the Division of Apprenticeship Standards within five days after award.

H. Discrimination. The contractor and each subcontractor must comply with the antidiscrimination requirements of Labor Code Section 1777.6. I. Worker’s Compensation.

1. In accordance Labor Code Section 1860, the contractor and each subcontractor must secure the payment of workers' compensation for their employees as required by Labor Code Section 3700.

2. Before performing the work, the Contractor must sign and file with the City, the certification required by Labor Code Section 1861.

J. Excavation Plans. As required by Labor Code Section 6705, for all public works projects in excess of $25,000 that involve excavation or trenching to a depth of five feet or more, the Contractor must submit a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation or trenching. The plan must comply with the following provisions.

1. If the plan varies from the shoring system standards, the plan must be prepared by a registered civil or structural engineer.

2. A note must be included on the plan by the registered civil or structural engineer certifying that the plan complies with the CAL OSHA Construction Safety Orders or that the plan is not less effective than the shoring, bracing, sloping, or other provision of the Construction Safety Orders.

3. If the Engineer has investigated subsurface conditions in area where the work is to be performed, these investigations are identified in the Special Provisions and the records of the 134
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investigations are available for inspection in the Public Works Department. The plan will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the Engineer’s investigations, or if the plan is based on soils related design criteria which is less restrictive than the criteria set forth in the Engineer’s report of investigations or subsurface conditions.

4. The detailed plan must include surcharge loads for nearby embankments and structures for spoil banks and for construction equipment and other construction loadings. The plan must indicate for all trench conditions, the minimum horizontal distances from the side of the trench at its top to the near side of the surcharge loads.

5. Nothing contained in this Section shall be construed to impose tort liability on the City or any of its employees or to relieve the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection.

K. Subcontractor Eligibility. Contractor acknowledges that under Public Contract Code Section 6109 no contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project under Labor Code Section 1777.1 or 1777.7 may bid on, be awarded, or perform work as a subcontractor on, a public works project. Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project under Labor Code Section 1777.1 or 1777.7.

G.C. 20 SUPERVISION BY CONTRACTOR
The Contractor will supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract Documents. The Contractor will employ and maintain on the work site a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor’s representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the work site at all times as required to perform adequate supervision and coordination of the work. The Contractor shall not change job supervisor without written approval of the Engineer. Full compensation for conforming to the requirements of this Section shall be considered included in the contract prices paid for the various items of work and no additional compensation shall be allowed therefore.

G.C. 21 ALTERNATIVE METHODS OF CONSTRUCTION
Whenever the Contract Documents provide more than one method of construction or more than one specified type of construction equipment may be used to perform portions of the work and the Contract Documents leave the selection of the method of construction or the type of equipment to be used up to the Contractor, it is understood that the City does not guarantee that every such method of construction or the type of equipment can be successfully used throughout 135
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all or any part of any project. It shall be the Contractor’s responsibility to select and use the alternative or alternatives which will satisfactorily perform the work under the conditions encountered. In the event some of the alternatives on any project or equipment specified cannot be utilized, the Contractor shall be responsible for completing the work in a satisfactory and workmanlike manner to provide the intended service and full compensation for any additional cost involved shall be considered as included in the contract price paid for the item of work involved and no additional compensation will be allowed therefore.

G.C. 22 PROJECT APPEARANCE
The Contractor shall maintain a neat appearance of the work. In any area visible to the public, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed weekly.

Full compensation for conforming to the provisions in this Section not otherwise provided for shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

G.C. 23 INSURANCE HOLD HARMLESS
The Contractor shall, before the commencement of work herein specified, procure and maintain in full force and effect during the life of the contract, at its sole expense, insurance as described in Section 14 of the Construction Agreement.

G.C. 24 EQUAL EMPLOYMENT OPPORTUNITY
General: The Contractor shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age, physical handicap, medical condition, or marital status in the performance of this Contract and shall comply with the provisions of the California Fair Employment and Housing Act (commencing with Section 12900 of the Government Code), Federal Executive Order No. 11246 (30 Federal Register 12319), as amended, and all administrative rules and regulations issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation (CFR) Chapter

60. The Contractor shall require each of its subcontractors to comply with the preceding paragraph and shall include in each subcontract language similar to the preceding paragraph.

Each bidder shall submit with the bid proposal a fully executed Certificate of NonDiscrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate.

A. Transactions of $10,000 and Less

1. Contracts and subcontracts not exceeding $10,000 are exempt from the requirements of this clause.

2. No Contractor or subcontractor shall procure supplied and/or services in less than usual quantities to avoid applicability of the Equal Opportunity Clause. With respect to 136
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contracts and subcontracts for indefinite quantities, the Equal Opportunity Clause shall apply unless it is determined by the City that the amount to be ordered in any one year under such contract reasonably will be expected not to exceed $10,000.

B. Transactions in Excess of $10,000, but Less Than $50,000

1. Each prime contractor shall certify that it has in effect an affirmative action plan and agrees to comply with all state and federal laws and regulations concerning Fair Employment Practices.

2. The contractor shall maintain a written copy of its affirmative action plan and will furnish a copy to the City upon request by the City. The City reserves the right, during the life of this Contract, to require the contractor to complete an affirmative action compliance report furnished by the City setting definite goals and timetables and indicating progress in meeting the goals.

C. Transactions of $50,000 or More

1. Each prime contractor who has fifty or more employees and a contract of $50,000 or more shall develop and submit to the City within thirty days of award a written affirmative action compliance program including definite goals and timetables with proposed dates of compliance. The prime contractor shall make, as a condition of its subcontract, the same requirement of each subcontractor who has fifty or more employees and a subcontract of $50,000 or more. Each contractor shall include in its affirmative action compliance program a complete table of its employees’ job classifications. This table must include, but need to be limited to, job titles, duties and rates of pay.

2. The contractor agrees to permit access to its records or employment advertisement, application forms and other pertinent data and records by the City or its designee and any state or federal agency having jurisdiction for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.

3. The City shall have the right to assign an affirmative action representative to monitor the conduct of the contractor and subcontractors under this contract. The affirmative action representative shall have the right to enter the construction or manufacturing site to obtain information from persons performing work on the project, providing such inspection shall not in any way interfere with the progress of the work under contract.

G.C. 25 TERMINATION OF CONTRACT BY CONTRACTOR
The Contractor may terminate the contract upon ten (10) days calendar day’s written notice to the City whenever (1) the entire work has been suspended in accordance with these provisions for sixty (60) consecutive calendar days through no fault or negligence of the Contractor, and notice to resume work or to terminate the contract has not been received from the City within this time period; or (2) the City should fail to pay the Contractor any substantial sums due it in accordance with the terms of the contract and within the time limits prescribed. In the event of such termination, the Contractor shall have no claims against the City except for those claims specifically enumerated in these provisions and determined in accordance thereof. 137
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SPECIAL PROVISIONS

CITY OF BELMONT
City Contract Number 2025-638
Belmont Village Bicycle Improvement Project
Unless otherwise noted, Section Numbers used in these Special Provisions refer to corresponding Sections in the State of California Department of Transportation 2018 Standard Specifications (“Caltrans Standard Specifications”).

Where noted, certain other Section Numbers used in these Special Provisions refer to corresponding Sections in “The GREENBOOK” Standard Specifications for Public Works Construction, 2018 Edition.

If General Conditions conflict with these Special Provisions, these Special Provisions and Technical Specifications shall prevail.

Full compensation for actions taken by the Contractor in order to comply with public health orders or advisories issued by local, County, State, or Federal government agencies shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor The Health Orders can be accessed at the San Mateo County website at https://www.smchealth.org/coronavirus .

S.P. 2-6 WORK TO BE DONE
The Contractor shall furnish all materials, equipment, tools, labor and incidentals necessary to complete the work shown on the plans and described in the specifications in a satisfactory and workmanlike manner, as more particularly described herein. The Contractor shall declare any extra work at the time and may proceed with this work only after engineer's change order has been approved in writing by the Director of Public Works.

See Technical Specifications for Bid Items General Requirements and Measurement and Payment.

WORK NOT PAID FOR SEPARATELY
Full compensation for the following work shall be considered as included in the contact prices paid for the various items of work and no separate payment will be made therefor:
• Jobsite maintenance
• Street sweeping
• Protecting existing facilities
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• Project Appearance
• Protection and restoration of existing improvements
Jobsite Maintenance
The Contractor shall perform daily clean-up operations to keep the jobsite and adjacent properties free from accumulation of waste materials and debris resulting from the Contractor’s operations. The Contractor shall deposit waste material in on-site containers or at a legal disposal area away from the site at the end of each working day.

Nothing herein shall be construed as relieving the Contractor of responsibility for final cleanup of the site as provided in Section 4-1.13, “Cleanup”, of the Caltrans Standard Specifications.

Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the street right of way as required in the Caltrans Standard Specifications within 2 days of excavation. The depth of excavation shall be to such lines and grades required to reconstruct the street as shown on the plans or as directed by the Engineer.

The Contractor shall keep existing streets free from dirt and debris at all times. The Contractor shall be prepared to sweep surfaces immediately if deemed necessary by the Engineer for public safety and to avoid damage to properties. If streets are not satisfactorily cleaned within 12 hours from verbal notice by the Engineer, the City will issue s Stop Work Notice.

S.P. 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK The Contractor shall provide a schedule of work and temporary traffic control plan (TTC Plan) ten (10) calendar days prior to the pre-construction conference and receive approval from the Engineer before starting any work. The construction schedule shall detail sufficient information to be used to notify homeowners of expected work in their area and to permit the City to schedule inspection and testing. Work shall begin within (7) seven calendar days after the Notice to Proceed is issued by the City.

A pre-construction conference will be held at the Belmont Public Works Department, 1 Twin Pines Lane, Suite 385, Belmont, California. The contractor is directed to arrange for the following:

A. Attendance

1. Contractor's Superintendent

2. Major Subcontractors

3. Others, as appropriate
B. Submittals:
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1. Construction Schedule (Submit 10 calendar days in advance)

2. Temporary Traffic Control Plan (Submit 10 calendar days in advance)

3. General Notice to Residents
a. Contractor's telephone number (including 24-hour emergency contact) b. Nature of work
c. Expected duration

4. All material submittals and planned storage of equipment and materials.

5. EEO, IIPP, and Safety Policy
Prior to commencing work, the Contractor shall submit to the Engineer a copy of his construction schedule. The Contractor shall submit an updated (written) copy of the construction schedule to the Engineer on a weekly basis, during construction, subject to approval. Updates of the Schedule to reflect actual progress shall not be considered revisions to the Schedule. Since scheduling is a dynamic process, revisions to activity durations and sequences are expected on a weekly basis.

The Contractor is required to obtain a Temporary Encroachment Permit from the Department of Public Works for any work or storage of material in the public right-of-way.

S.P. 6-2 PROSECUTION OF THE WORK
Working hours for this project shall be from 8:00 a.m. to 5:00 p.m. Monday through Friday unless otherwise noted and except for designated legal holidays.

The designated legal holidays are:

New Year's Day (January 1)
Martin Luther King's Birthday (third Monday in January) Presidents' Day (third Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Labor Day (first Monday in September)
Columbus Day (second Monday in October)
Veterans Day (November 11)
Thanksgiving Break (fourth Thursday and following Friday in November) Christmas Day (December 25).
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When a designated legal holiday falls on a Saturday, the preceding Friday shall be the designated legal holiday. When a designated legal holiday falls on a Sunday, the following Monday shall be the designated legal holiday.

S.P. 6-7 TIME OF COMPLETION
Total Contract time for all work is 20 working days. Punchlist items are included in Contract time.

S.P. 6-9 LIQUIDATED DAMAGES
In accordance with Public Contracts Code, Section 10226, it is agreed by the parties to the contract that for each day, including weekends and holiday’s that completion of the work, including Punchlist items is delayed beyond the specified time will cause damage to the City of Belmont. The Contractor shall forfeit and pay to the City $4,500.00 per day for each working day in excess of the contract time.

Liquidated damages shall not apply for excusable delay, as defined in Section GC-01. However, the Contractor shall not be entitled to additional compensation as a result of the completion date being extended due to excusable delay.

S.P. 7-7 COOPERATION AND COLLATERAL WORK
The City reserves the right to perform other and additional work, by contract or otherwise, at or near the site (including materials sites) at any time by the use of other forces. Should work be underway or subsequently undertaken within or adjacent to this project, the Contractor shall cooperate with all other Contractors or other forces and conduct this work so that the operations of both suffer the least interference and delay. If there should be any disagreement between the Contractors or the Contractor and the City as to the manner and order of performing work, such disagreement will be resolved by the Engineer, and his/her determination shall be final.

If the contract gives notice of other work that may affect the work of this contract, the coordination of the work shall be taken into account by the Contractor, and any resulting costs shall be considered as included in the contract items.

S.P. 7-9 PROTECTION AND RESTORATION
The Contractor is responsible for replacing damaged improvements on private property and within the street right-of-way including, but not limited to, shrubs, lawns, irrigation lines, and sidewalks, except that fences within the street right-of-way or easements may be removed only if approved by the Engineer in order to perform the work and allow the property owner to salvage materials in advance. Every effort must be made by the contractor to work around existing improvements.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.

S.P. 7-10 PUBLIC CONVENIENCE AND SAFETY
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Safety throughout the site is the Contractor's responsibility. The Contractor shall provide a safe working environment for employees and the public, meeting all standards of the State of California. All differences in grade greater than four (4) inches in any vehicular travel area shall be ramped with temporary asphalt/cutback until such time as final paving takes place. All differences greater than one (1) inch in grade in pedestrian areas shall be considered a "trip hazard" and shall be ramped with temporary AC or other acceptable means until such time as final restoration takes place. All excavations shall be covered during "non- working hours." All excavations in vehicular areas shall be covered with 3/4" thick steel plates (minimum).

Excavations in pedestrian areas shall be covered with plywood and barricades. All steel plates and plywood shall have a non-skid surface. All barricades on the project site shall be equipped with lights (in working condition).

Construction Area Signs
The Contractor shall furnish, install, maintain and remove construction area signs when no longer required in accordance with the provisions in Section "Temporary Traffic Control" of the Caltrans Standard Specifications and these Special Provisions. The base material of construction area signs shall not be plywood.

The cost for construction area signs as provided herein shall be considered as included in the contract lump sum (LS) price paid for “Temporary Traffic Control and Construction Area Signs”.

Temporary Traffic Control
The Contractor shall notify the Engineer of his intent to begin work on each street at least five (5) days before work is begun on that street. The Contractor shall cooperate with local authorities relative to handling traffic through the area.

Notifications to the public shall be accomplished in the following manner:

1. General Notice, by mail, shall be sent to all residences along and adjacent to each street to be reconstructed 2 weeks in advance of commencement of work for that street. Such General Notice, by mail, shall be reviewed and approved by the Engineer prior to mailing. Contractor's emergency telephone number and contact individual shall be provided.

2. Contractor shall post “No Parking” signs along each street to be reconstructed at least fortyeight (48) hours in advance of commencement of work for that street; and shall arrange with the Police Department for removal of vehicles as required. “No Parking” signs may be posted without the approval of the Engineer. "No Parking" signs shall indicate the date, time (civilian hours), hours, and day of the week of the parking prohibition. The Contractor shall contact the Police Department to verify the posting of “No Parking” signs in advance.

Delays to the Contractor caused by the presence of parked vehicles will not be grounds for additional compensation or extension of time.

The minimum width of a temporary traffic lane shall be 10 feet, unless otherwise permitted by the Engineer. The full width of the traveled way shall be open for use by public traffic when 142
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construction operations are not actively in progress. No parking will be permitted in the construction area. Personal vehicles of the Contractor's employees shall not be parked on the traveled way, including any section closed to public traffic.

Temporary Traffic Control Plans
The Contractor shall provide a temporary traffic control plan (TTC Plan) for each street ten (10) calendar days prior to pre- construction conference and receive approval from the Engineer prior to commencement of work. Each TTC Plan shall clearly show how the Contractor proposes to handle both vehicular and pedestrian traffic during construction for each street.

Each TTC Plan shall include details such as follows:

A. Work area and operations for which the traffic control is proposed.

B. Hours of the day and proposed dates that the plan will be in effect.

C. Salient dimensions and features of the existing roadways.

D. Location, width, direction and turning movements of traffic for proposed traffic revisions.

E. Type, location, reference distances, spacing, etc. for such items as signs, cones, barricades, arrow boards and flagmen.

F. Conformance to the California Manual on Uniform Traffic Control Devices, Revision 5 (March 27, 2020).

G. Conformance to the order of work requirements in these Special Provisions.

H. Conformance to all the applicable traffic control requirements specified in these Special Provisions.

I. Any alterations to a TTC Plan, proposed lane closures, before or after initial implementation, shall be approved in advance by the Engineer.

J. Traffic shall be maintained by complying with the approved TTC Plan and alterations, if any.

Contractor shall notify Belmont Police Dispatch (650-595-7400) and Engineer’s representative (510-760-8394) on a daily basis (as needed) at the beginning of each shift to inform them of ANY lane closure and at the end of each shift to inform them of the street opening to through traffic. Note: Contractor shall provide access for emergency vehicles at all times during his operations.

Full compensation for conforming to the provisions in this section shall be considered as included in the contract lump sum (LS) price paid for “Temporary Traffic Control and Construction Area Signs” and no additional compensation will be allowed therefor. 143
SPECIAL PROVISIONS – TECHNICAL
Belmont Village Bicycle Improvements (herein referred to as “the Project”) City of Belmont
City Contract No. 225-638
The Technical Specifications contained herein have been prepared by or under the direction of the following Registered Person:

CIVIL
Andres Gonzalez_______07/30/2025
Name
Registration 93910 Exp. 09/30/2026
Parametrix

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Technical Provisions for this contract shall be in conformance with the State of California Department of Transportation (Caltrans) 2018 Edition Standard Specifications (herein referred to as the Standard Specifications), City of Belmont (herein referred to as Owner), Standard Drawings, these Special Provisions, and the Belmont Village Bicycle Improvements Plans (herein referred to as the Plans), and as amended and or superseded by the following:

Bidder shall note that the amendment and the following provisions are not all shown in the order or numbering system as shown in the Standard Specifications.

TABLE OF CONTENTS
GENERAL .......................................................................................................................................1 SCOPE OF WORK ............................................................................................................1 EMERGENCY INFORMATION ......................................................................................2 UTILITY COMPANY INFORMATION ..........................................................................2 ORDER OF THE WORK ..................................................................................................3 REQUIREMENTS OF WORK ..........................................................................................4 ROADWAY PREPARATION ...........................................................................................5 AIR POLLUTION CONTROL ..........................................................................................5 SECTION NO. 1 – MOBILIZATION AND DEMOBILIZATION ................................................6 SECTION NO. 2 – CONSTRUCTION PHASING AND TRAFFIC CONTROL ..........................8 SECTION NO. 3 – TRAFFIC CONTROL CONSTRUCTION AREA SIGNS ...........................15 SECTION NO. 4 – SEDIMENT AND WATER POLLUTION CONTROL ...............................17 SECTION NO. 5 – REMOVE PAVEMENT DELINEATION AND MARKERS ......................19 SECTION NO. 6 – REMOVE EXISTING SIGN AND POSTS...................................................21 SECTION NO. 7 – REMOVE ASPHALT CONCRETE ..............................................................22 SECTION NO. 8 – HOT MIX ASPHALT (SPEED CUSHIONS) ...............................................23 SECTION NO. 9 – ASPHALT TACK COAT ..............................................................................27 SECTION NO. 10 – SLURRY SEAL TYPE II ............................................................................29 SECTION NO. 11 – REMOVABLE BOLLARD .........................................................................32 SECTION NO. 12 – PAVEMENT STRIPING AND PAVEMENT MARKINGS ......................33 SECTION NO. 13 – FINAL INSPECTION AND PUNCHLIST .................................................38 145

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GENERAL
The work embraced herein shall be done in accordance with the State Standard Specifications (“Standard Specifications”) and the State Standard Plans (“Standard Plans”) dated 2018 issued by the State of California, Department of Transportation (Caltrans), 2014 California Manual on Uniform Traffic Control Devices (California MUTCD), Revision 7 (herein after referred to as CA MUTCD), the current version of the City of Belmont Standard Details and Detail Specifications, and these special provisions as shown on the Plans and directed by the City Engineer.

The Contractor is required to inspect the site of the proposed work in order to satisfy themselves, by personal examination, the location of the proposed work and the actual conditions of the proposed worksite. The Contractor is also required to have all subcontractors personally inspect the site.

All work shall be done in conformance to the applicable provisions of the Standard Specifications except as modified herein. Payment for work, equipment and materials not specifically covered herein shall be included in the payment for related items of work. No additional payment will be made for work, equipment or materials not covered in these Technical Specifications, but necessary to insure a completed project as specified. Any plan or method of work suggested by the City representative to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, may be used at the risk and responsibility of the Contractor; and the City representative shall assume no responsibility therefor and in no way be held liable for any defects in the work which may result from or be caused by use of such plans or method of work.

Amendments to the Standard Specifications set forth in these special provisions shall be considered as part of the Standard Specifications for the purposes set forth in Section 5-1.02, "Contract Components," of the Standard Specifications. Whenever either the term "Standard Specifications is amended" or the term "Standard Specifications are amended" is used in the special provisions, the indented text or table following the term shall be considered an amendment to the Standard Specifications. In case of conflict between such amendments and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions.

SCOPE OF WORK
Scope of Work to be performed consists of Contractor furnishing all materials, equipment, tools, labor, and incidentals necessary for the construction of the Project, complete in place in accordance with the Plans, Specifications, and Contract Documents, and subject to the terms and conditions of the Agreement.

Work to be performed includes but is not limited to, furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the reconstruction or repair of Owner’s streets at various locations throughout the Project limits. See the Plans and Details for a more detailed description of the location of the various sites. Work includes:
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Furnishing all labor, materials, tools, and equipment necessary for placement of hot mix asphalt (HMA) pavement materials for the installation of speed humps; setup and maintenance of traffic control systems; clearing debris from existing roadway and gutter pan; removal of traffic striping and markings, installation of new traffic striping and markings, removal and installation of signs, posts and foundation; and clean-up of the project area; and other related work as necessary to provide a complete project; all in accordance with the Standard Specifications, General Provisions, the Plans, and these Special Provisions.

EMERGENCY INFORMATION
Names, addresses, and telephone numbers of Contractor and Subcontractors shall be filed with Owner and the City’s Police Department on the day of the Pre-Construction Meeting.

UTILITY COMPANY INFORMATION
Contractor shall lower and adjust facilities except for facilities owned by Southern California Edison. Contractor shall check for known and unknown utilities in advance with each utility company. Contractor shall be responsible for coordinating the timing for the lowering and adjusting facilities with the utility companies.

Contractor shall contact Aria Pogni at (707) 582-3302 (office) for coordination with AT&T.

Contractor shall contact Karl Lorenz at (415) 859-0539 (cell) for coordination with Comcast.

In the event that a City of Belmont Sanitary Sewer manhole is encountered within the Project area, Contractor shall notify Tim Murray at (650) 637-2932.

For utilities of Mid-Peninsula Water Divisions (MPWD), Contractor shall contact Michael Anderson at (650) 591-8941 a minimum of five (5) working days prior to the start of any work involving MPWD’s facilities for coordination.

For both electrical and gas facilities of Pacific Gas and Electric (PG&E), Contractor shall contact Austin Ryu at (650) 287-6354 at least two (2) weeks prior to the commencement of work to schedule a PG&E Field Representative. No work is authorized without Field Representative present.

Underground Service Alert (USA)
Contractor shall notify Underground Service Alert (USA) three (3) business days in advance of any excavation by dialing (800) 227-2600 or 811 or online at https://call811.com/. All existing facilities in conflict with the proposed improvements shall be relocated by Contractor, or as directed by Owner Representative (herein referred to as Engineer).

All existing facilities in conflict with the proposed improvements shall be relocated by Contractor or as directed by Engineer.

It is not the intent of the Plans to show the exact locations of existing underground utilities or structures, and Owner assumes no responsibility, therefor. Whenever any such utilities are 147

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indicated thereon, Contractor shall be responsible for verifying their actual location and depth in the field by potholing if necessary. Contractor shall be responsible for any damage to utilities shown on the Plans, located by Underground Service Alert, or as specified herein, as a result of their operations.

Contractor shall not be entitled to any right-of-way delays associated with the relocation or repair of utilities and other facilities. It shall be the responsibility of Contractor to cooperate fully with the owners of these utilities and other facilities for their relocation and repair work.

ORDER OF THE WORK
Contractor is responsible for coordinating with Engineer, Brian Nguyen, at (650) 637- 2998.

Contractor shall commence work per Construction Schedule and Commencement of Work.

Contractor shall begin work promptly, as stated in the General Provisions, and shall not suspend work or abandon the work site until the work is complete.

All tree root removals on a particular street must be performed and accepted by Owner Arborist prior to the construction of the roadwork.

All Portland cement concrete (PCC) repairs must be constructed and accepted by Owner prior to hot mix asphalt (HMA) resurfacing or full depth reclamation work.

Contractor shall coordinate with adjacent property owners/tenants in order to schedule demolition/construction activities in order to minimize impacts to residents and/or business operation.

Contractor shall allow utility owners access to the work and shall schedule around interference by utility owners performing concurrent work.

Contractor shall schedule the cold planing work such that the pavement leveling course (base course) can be completed immediately after milling and digouts are complete.

Overlayed roadways shall be paved back with the asphalt base/leveling course and surface course within five (5) days after milling (keycuts) and base repairs (digouts) have been completed.

Contractor shall coordinate with Owner’s trash pickup provider(s) for the trash pickup schedule.

Failure to complete such work within the time period and/or conditions stated shall be a reasonable basis for Engineer to stop all other items of construction until such work is completed.
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REQUIREMENTS OF WORK
All work shall be coordinated with the Traffic Control and Maintenance Plan, Project Schedule, Contract Period, Submittals, and all other requirements of these Contract Documents.

All movements at intersections must be maintained. Contractor shall maintain a minimum of one lane, not less than ten (10) feet wide (twelve (12) feet wide on arterials and Caltrans), two way traffic control at all times. No lanes shall be closed prior to 8:00 a.m., and all lanes must be opened by 5:00 p.m.

A maximum noise level limit of eighty-six (86) decibels at a distance of fifty (50) feet will apply to all construction equipment on or related to the Project, regardless of owner. Use of excessively loud warning signals shall be avoided except in those cases required for protection of personnel. Use of generators or other mechanical devices is not permitted between the hours of 5:00 p.m. and 8:00 a.m. unless approved by Engineer.

Contractor shall coordinate, perform, and construct roadway work such that the restoration work on a street is completed prior to a weekend and/or Owner designated legal holiday so the street and pedestrian access are fully restored and available for public use.

Once started, Contractor shall continuously work on the Project until completion. Other than for inclement weather, work shall not be discontinued unless notification is provided to and approved by Owner at least seventy-two (72) hours in advance. Such notification of work suspension shall include the exact date when work shall be suspended and the date when work shall resume.

Failure to notify and obtain the approval of Owner of the work suspension will subject Contractor to a $400 per working day inspection charge for each day work is suspended without the required notification and approval.

No work suspension due to material and/or equipment issues will be allowed.

Non-Working Foreman or General Contractor (herein referred to as Contractor Representative) with qualifications for the scope of work shall be on site or available for any decision-making during the duration of construction. Contractor shall not assign unqualified field personnel to be Contractor Representative. Contractor Representative shall be on site, at all times and in coordination with Subcontractors. Contractor Representative and all working foremen and non-working foremen shall be required to attend the mandatory PreConstruction Meeting.

Failure to have Contractor Representative on site for construction of any kind, including Subcontractor work, will result in liquidated damages of $1,000 per Subcontractor per shift.

Owner may at any time request a more experienced or qualified representative, foreman, and/or operator when work performance is not being met for a certain skill. 149

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Contractor shall keep the work site clean, control dust and air pollution from construction operations, and provide sanitation for workers. Broken concrete and debris developed during demolition, clearing and grubbing shall be disposed of concurrently with its removal.

Weeds, trash, and debris shall be removed from the work site regularly and when directed by Engineer. All stickers, paint, and other forms of graffiti within the work limits shall be removed. Contractor shall submit method of removal to Engineer for approval prior to abatement.

Failure to clean worksite of all construction materials and debris at the end of each work day will result in liquidated damages of $200 per street, per day or part thereof.

Failure to complete sweeping as required or directed by Engineer will subject Contractor to liquidated damages of $250 per day per street.

ROADWAY PREPARATION
Work under this section consists of preparing the roadway prior to the resurfacing or reconstruction. Such work shall include controlling nuisance water, sweeping, watering, removal of all raised pavement markers, removing thermoplastic pavement markings, and removing loose and broken HMA and foreign material, including existing weed growth as specified in these Special Provisions and as required by Engineer. Water Pollution Control Plan (WPCP) is to be implemented prior to the start of work. Any roadway area that contains existing weed growth shall be treated with an Environmental Protection (E.P.A.) Ownerapproved herbicide composed of glyphosate and oryzalin, combined and applied according to label directions. Alternative mechanical means of removal may be approved by the Engineer if Contractor can demonstrate equivalent removal and prevention of weed growth.

Contractor shall pothole for shallow utilities that may be in conflict with work. Contractor shall submit results to Owner at least two (2) weeks prior to the start of any excavation work to provide sufficient time to resolve any issue that may be encountered.

AIR POLLUTION CONTROL
Contractor shall take all necessary measures to avoid the dispersion of dust. Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of “dust.” All activities shall be in compliance with Section 14-9, “Air Quality,” of the Standard Specifications.

Full compensation for General shall be considered as included in the contract prices paid for the various bid items of work involved and no additional compensation will be allowed therefore. Such payment will be considered full compensation for furnishing and maintaining all materials, labor, equipment, and all incidentals necessary to complete the work in accordance with Standard Specifications and these Special Provisions.
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SECTION NO. 1 – MOBILIZATION AND DEMOBILIZATION

1.01 GENERAL
Mobilization shall conform to the provisions in Section 9-1.16(D), “Mobilization,” of the Standard Specifications, and shall consists of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, supplies incidental to the project site, for the establishment of all staging areas and other facilities necessary for work on the project and for all other work and operations which must be performed or for project costs incurred prior to beginning work on the various Contract items. Mobilization shall include obtaining insurance and bonds, obtaining, and paying for all permits by other agencies if applicable, furnishing temporary construction utilities, installing construction and other construction facilities all as required for the proper performance and completion of the work.

Mobilization shall also include project management as specified elsewhere in these specifications which includes the management of the project as required by the City including all submittals, correspondence, meetings, and coordination with the Contractor’s subconsultants.

The work of this bid item includes demobilization. Demobilization shall include final cleaning and restoration of the job site, removal of all temporary facilities and equipment from the work area, disconnection of the temporary construction utilities and turnover of project to the City.

Demobilization shall include final cleaning and restoration of the job site, removal of all temporary facilities and equipment from the work area, disconnection of the temporary construction utilities and turnover of project to the City.

1.02 MEASUREMENT AND PAYMENT
Full compensation for completing the requirements of this section shall be considered as included in the lump sum price paid for Bid Item 1 “Mobilization and Demobilization”.

Partial payments for Mobilization shall not exceed the following:
(1) When 5 percent of the original contract amount is earned, 50 percent of the amount bid for Mobilization, or 5 percent of the original contract amount, whichever is lesser, may be paid.
(2) When 10 percent of the original contract amount is earned, 75 percent of the amount bid for Mobilization or 7.5 percent of the original contract amount, whichever is lesser, may be paid.
(3) When 20 percent of the original contract amount is earned, 95 percent of the amount bid for Mobilization, or 9.5 percent of the original contract amount, whichever is lesser, may be paid.
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(4) When 50 percent of the original contract amount is earned, 100 percent of the amount bid for mobilization, or 10 percent of the original contract amount, whichever is lesser, may be paid.
(5) Upon completion of all work on the project, (including: punch list items, cleaning up and removal of all temporary facilities and equipment from the project site) payment of any amount bid for Mobilization in excess of 10 percent of the original contract amount will be paid.

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SECTION NO. 2 – CONSTRUCTION PHASING AND TRAFFIC CONTROL

2.01 GENERAL
Construction Phasing Plan (CPP) - The Contractor is required to submit a Construction Phasing Plan and receive approval by the City Engineer prior to starting on-site activities, as described herein and in the Special Provisions.

Contractor shall provide traffic control within the work zone throughout the project as needed for the various traffic situations and street configurations in full conformance with the 2014 California Manual on Uniform Traffic Control Devices (California MUTCD), Revision 7 (herein after referred to as CA MUTCD). The CA MUTCD may be obtained online at https://dot.ca.gov/programs/safety-programs/camutcd.

2.02 SUBMITTALS
Construction Phasing Plan (CPP) - The Contractor is required to submit a Construction Phasing Plan and receive approval by the City Engineer prior to starting on-site activities.

The Contractor’s CPP shall take into consideration the roadway restrictions described below, roadway restrictions in the proposed and approved TCPs. The Contractor shall submit revised CPP(s) for any changes to the Construction Phasing Plan, including any change to the TCPs.

The CPP shall be submitted within 10 working days following issuance of the Notice to Proceed (NTP), and at least 10 working days prior to the proposed start of on-site work, for review and approval by the City Engineer. The City of Belmont and Caltrans reserves the right to modify any portion of the plan.

Traffic Control Plans (TCPs) - The Contractor is required to submit Traffic Control Plans for each stage of construction and receive approval by the City Engineer prior to starting work on an upcoming stage. The Contractor shall provide a schedule of work and temporary traffic control plan (TTC Plan) ten (10) calendar days prior to the pre-construction conference and receive approval from the Engineer before starting any work. The construction schedule shall detail sufficient information to be used to notify homeowners of expected work in their area and to permit the City to schedule inspection and testing. The TCP shall include all locations, which involve all project improvements and shall indicate each stage of work, signage, flagger, detour routes, and any other pertinent information. The TCP shall be reviewed and approved by the City Engineer before the Contractor shall be allowed to begin work.

Work shall begin within (7) seven calendar days after the Notice to Proceed is issued by the City. The City of Belmont and Caltrans reserves the right to modify any portion of the plan.

The TCP shall include a pedestrian detour plan to route pedestrian and bicycle traffic around the active work area affecting access. Signage must be installed to direct pedestrians to cross at adjacent intersections/crosswalks or on the same side of the street in high pedestrian traffic areas and indicate the portions of sidewalk that will be closed to pedestrian traffic, as directed by the City Engineer. Contractor shall maintain ADA compliant pedestrian access to adjacent businesses and residents during all phases of construction. 153

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2.03 EXECUTION
Construction Phasing Plan (CPP)
The Construction Phasing Plan (CPP) as described in the Contract Documents, shall include sufficient detail to describe how the Contractor intends to phase the work over the course of the entire project. Details for each phase of construction shall be included in the CPP. Any change to the CPP shall be reviewed and approved by the City Engineer prior to implementation by the Contractor. The City of Belmont and Caltrans reserves the right to modify any portion of the plan. The Contractor shall not proceed with any on-site activities until the CPP is approved by the City Engineer, or unless otherwise directed by the City Engineer. At a minimum, the CPP shall include the following information:
• One of the Contractor’s first on-site activities shall be to place portable changeable message sign (PCMS) boards in coordination with the City Engineer. A minimum of two PCMS boards shall be placed for each phase and/or subphase. All PCMS boards shall be in placed at least 5 working days prior to the start of the first construction phase. Refer to the “Traffic Control Plans (TCPs)” subsection below for more information.
• Proposed construction sequencing, including limits of work, type(s) of barriers to separate work areas from public areas, work hours, durations of each phase, and an overall project schedule showing how each phase is related to adjacent phases.

Barriers that separate pedestrians from vehicle traffic lane(s) shall be water-filled with a minimum height of 30 inches, unless otherwise approved by the City Engineer.
• Layout of the work areas, including materials storage, parking for Contractor’s vehicles, and ingress and egress to/from the work areas via nearby streets, which should account for sight lines for pedestrians, bicyclists, and motorists. These areas shall be sized as small as possible.
• Construction employees shall not occupy on-street public parking spaces. The Contractor shall provide off-street (on-site) parking accommodations for their employees. Contractor’s employees shall find alternatives to driving alone to the site.
• Proposed pedestrian, bicycle, and motor vehicle access ways around the work areas for each construction phase, including pedestrian circulation routes, temporary curb ramps, crosswalks, and other pedestrian facilities; bicycle circulation routes and treatments around the construction areas; and quantity, width, and direction of traffic lanes.
• General detour plans, if applicable, for any condition that would be expected to affect traffic.
• Provide a minimum of 25 contiguous feet of unobstructed curb and sidewalk space per City block face on the street’s designated waste pickup days to accommodate the City’s need to pick up curbside waste bins/carts for residents and businesses 154

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within the Project limits. Provide manual assistance to move and/or relocate waste bins/carts as necessary if construction operations affect accessibility of waste bins/carts.
• Locations of all driveways, doors, and gates that front the sidewalks and roadways within each of the project phases. Maintain continuous access to these access points to the maximum extent possible. Coordinate in advance with the City Engineer if temporary closure(s) of such access point(s) is necessary. • Locations of temporary and/or relocated bus stops, if applicable. • Locations of loading/staging areas for construction vehicles, which should be located inside the work area. Trucks cannot stage along adjacent frontages or other streets, in loading zones outside the site frontage, or double-park or block travel lanes. Trucking companies shall be made aware of staging in only the approved areas and turned away if there is no staging area available upon their arrival.

The Contractor should be aware that businesses within the project limits will remain open during the duration of construction and shall plan work accordingly.

In general, paving work shall be performed in phases so that traffic disruption is minimized.

Final pavement markings shall be installed only after all paving activities are complete. The Contractor shall furnish and install temporary pavement markings, as described in Section 12-6 of the Standard Specifications, prior to opening each phase of work. The intent of this requirement is to have clean and fresh final pavement markings at the completion of the Project.

Portland Cement Concrete (PCC) pavement shall not experience any vehicular loading prior to meeting the requirements to open the pavement for traffic, as described in the Contract Documents, Section 40 “Concrete Pavement” of the Standard Specifications, and as directed by the City Engineer.

The Contractor may only work in one phase at a time. Refer to the Special Provisions for additional information/requirements on construction phasing. The Contractor will not be allowed to proceed to the next phase unless the work of the previous phase is accepted by the City Engineer. The Contractor shall provide a minimum of 10 working days advance notice to the City Engineer of the planned completion of each phase. Acceptance of the work of each phase by the City Engineer does not relieve the Contractor of their responsibility to provide temporary and/or permanent improvements suitable for use by the public in accordance with all applicable laws, regulations, codes, requirements, and standards of practice.

Traffic Control Plans (TCPs)
Extensive traffic signage, e.g., warning signs and detour signs, are required. Contractor shall be responsible for placing all barricades for perimeter street closures as required. Per Bid Item 2 Construction Area signs, the Contractor shall provide a 30" x 30" sign advising the public of the anticipated period of time that traffic delays may be anticipated at main entry and exit points of each work location. This sign will also include name and telephone number of 155

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the Contractor along with starting and completion dates of the contract. Sign shall be erected 7 days in advance of any work.

If during construction activity, the closure of one lane of traffic is necessary, the contractor shall utilize all necessary construction zone signage, including changeable message signs, during the lane closure. The Contractor shall assume for the purposes of bidding that two changeable message signs will be deployed concurrently beginning at least one week prior to the commencement of construction activity until project completion. Additional changeable message signs required by the City shall be included in the contract at the Contractor’s expense.

The Contractor shall be responsible for posting "No Parking" signs a minimum of four days in advance of concrete work, paving operations, earthwork operations, and/or planning work so as to comply with the City’s construction notification requirement of 72 hours. Cones shall not be used as barricades. “No Parking” signs must be posted every twenty (20) feet The "No Parking" signs shall be updated, as necessary. The Contractor shall check and maintain (e.g., re-install missing signs, reposition displaced barricades, etc.) postings on a regular basis prior to start of work.

A minimum of one (paved) traffic lane, not less than 11 ft. wide, shall remain open for use by public traffic during construction operations. When construction operations are not actively in progress, not less than two such lanes shall be open to public traffic. The Contractor may be allowed to close residential streets if approved in writing in advance by the City Engineer. No work that interferes with public traffic shall be performed between 6:00 p.m. and 7:00 a.m.

No lane closures shall be permitted on the following Major Streets Monday through Friday between 7:00-9:00 AM and 4:00-6:00 PM and Saturdays between 10:00 AM – 2:00 PM, unless approved in advance by the City Engineer if it can be explained why such closure cannot be reasonably avoided.

Major Streets:
• El Camino Real
• Ralston Avenue
If traffic is to be detoured over a centerline or detoured in advance of the work, detour plans must be submitted to and approved by the City Engineer prior to starting work. Police, Fire and Public Works Department and Caltrans shall be notified at least two days in advance of any work which will interfere with the normal flow of vehicular or pedestrian traffic.

Intersection closure may only occur if the two adjacent intersections remain open, unless otherwise approved by the City Engineer. The Contractor shall coordinate their traffic control/diversion plan with City personnel two weeks prior to starting work to assure that traffic is diverted in a safe and convenient manner.
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At the end of each day’s work, and at other times when construction operations are suspended, all equipment and other obstructions shall be removed from that portion of roadway open for use by public traffic. No longitudinal joint shall be left during nonworking hours.

Where existing road signs are in conflict with the proposed work, the Contractor shall relocate such signs to temporary or permanent locations as directed by the City Engineer, or their designee, herein after referred to as “City Engineer”.

If it becomes necessary, in the opinion of the City Engineer, to properly move traffic through the construction area, flaggers shall be present to slow down and reroute traffic, in which case flaggers shall be on duty the entire period the roadway is constructed. Where flaggers are not visible to each other, additional flaggers shall be added as required by the City Engineer or the Contractor shall use radios.

Contractor shall take all necessary measures to obtain a normal flow of traffic to prevent accidents and to protect the work throughout the construction stages until completion of the work. The Contractor shall make the necessary arrangements to provide and maintain barriers, cones, guards, barricades, and construction warnings and regulatory signs. The Contractor shall take measures necessary to protect all other portions of the work during construction and until completion, providing and maintaining all necessary barriers, barricade lights, guards, temporary crossovers, and flaggers.

In addition to the foregoing traffic control and safety measures, the Contractor shall undertake immediately to implement any measures requested by the City Engineer, as they deem necessary to ensure the proper flow of traffic and the protection of the public and the safety of the workers. The Contractor shall maintain at all times the ability to respond to calls from the City of Belmont Police and Fire Departments during non-working hours to replace or provide additional traffic control or safety devices as shall be required by the Police Department.

Truck routes must be approved by the City Engineer prior to start of work.

Personal vehicles of the Contractor's employees shall not be parked within the area of work.

Notwithstanding the above, the City Engineer reserves the right to review and comment on each individual traffic control plan based on its own merits. Routine maintenance, inconvenience to construction method or schedule, or adverse impacts on cost of work will not generally be accepted as grounds for exceptions.

Start of work shall be no earlier than 8:00 a.m. No work process, including starting, warm up, and delivery of equipment, shall be done outside of work hours. The use of vehicle horns to alert residents to move their vehicles out of the construction zone is not permitted. The Contractor should attempt to locate vehicle owners by knocking on doors. If Contractor violates these provisions, a fine of $1,000 will be assessed for the first violation, $5,000 for the second and $10,000 for the third.
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The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, and when construction operations are not actively in progress, unless specified otherwise.

Minor deviations from the requirements of this section concerning hours of work may be permitted upon the written request of the Contractor if in the opinion of the City Engineer, public traffic will be better served, and the work expedited. Such deviations shall not be adopted until the City Engineer provides written approval.

The traffic control system shall consist of closing traffic lanes in accordance with the CA MUTCD. Signs and other devices for the traffic control system shall conform to the CA MUTCD.

If any component in the traffic control system is damaged, displaced or ceases to operate or function as specified, from any cause during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

Lane closures may be made for work periods only. At the end of each work period, all components of the traffic control system shall be removed from the traveled way, shoulder, and auxiliary lanes. If the Contractor so elects, said components may be stored at selected central locations approved by the City Engineer within the limits of the public right-of-way.

Sufficient barricades and flashing lights shall also be placed to supplement all traffic signs used to divert and control traffic. Signs and barricades shall be checked periodically every day and replaced or repaired, as necessary. Any hazardous conditions shall be immediately eliminated.

If the project is left open overnight, it shall be graded in such a way that pedestrians and vehicles can safely pass through the project area. Temporary concrete, asphalt, or wood ramps shall be installed where feasible, as determined by the project engineer, or pedestrians and vehicles routed around the project area in accordance with the approved traffic control plan.

No vehicular traffic shall be allowed on a tack coat.

Cleanliness is extremely important. Dust producing conditions shall be eliminated as soon as they are created.

Access and Egress
Work shall be accomplished in such a manner as to provide access to all intersecting streets and adjacent properties whenever possible. The Contractor shall endeavor to cooperate with all business owners and residents occupying properties fronting on the streets in the matter of access and egress.

Contractor shall maintain a clear and accessible pedestrian corridor around the work site to the extent feasible.

An alternate circulation path shall be provided whenever the existing pedestrian access route 158

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in the public right-of-way is blocked by construction, alteration, maintenance, or other temporary conditions. Where possible, the alternate circulation path shall parallel the disrupted pedestrian access route, on the same side of the street.

Residential Pedestrian Traffic Control (Type A)
Pedestrian corridor shall be a nominal width of 6 feet whenever feasible and shall conform to PROWAG guidelines. It shall not be less than 48-inches wide at single point of contact or obstruction. The Contractor shall work on one side of a street at a time to allow use of the opposing sidewalk by pedestrians during construction. Where approved by the City Engineer, the Contractor shall block a pedestrian corridor and post signs at each corner of a block where sidewalk work is being done with the following wording in 3-inch black letters on an orange background: "SIDEWALK CLOSED TO THROUGH TRAFFIC, USE OTHER SIDE".

All driveways shall be opened between 5:00 p.m. and 8:00 a.m. on weekdays and at all times on weekends and public holidays, except those that are freshly poured. All driveways which are freshly poured may be closed for one (1) calendar day and may require plating with cutback at plate edges or other means to comply with this requirement. Before restricting access to driveways, the Contractor shall notify the affected residents and/or businesses, in writing, at least seventy-two (72) hours in advance.

If during the course of the work, the City agrees that it is necessary to restrict access to certain driveways for an extended period of time, the Contractor shall notify the affected residents and/or businesses, in writing, at least 10 working days in advance.

Where a business property has more than two vehicular paths of access, one path, 10 feet in width, shall remain open during all business hours, unless accepted by the City Engineer.

2.04 MEASUREMENT AND PAYMENT
The contract lump sum price paid for Bid Item 2 “Construction Phasing and Traffic Control” shall include full compensation for furnishing all labor (including preparation of the Construction Phasing Plan, Traffic Control Plans, and flaggers when necessary), materials (including barricades, changeable message signs, banners, door hangers and temporary traffic delineation), tools, equipment, and incidentals and for doing all the work complete in place for each phase of construction, including all work necessary to provide for the convenience & safety of the public and to facilitate the performance of the contract work as shown on the Plans, as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer.

The Contractor shall be paid on pro rata basis for the work done per month, and said payment shall be for providing all labor, material, equipment, devices, supervision, and all incidentals as are needed to provide traffic control as specified herein, and as may be required to complete the work.
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SECTION NO. 3 – TRAFFIC CONTROL CONSTRUCTION AREA SIGNS

3.01 GENERAL
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in the latest edition of the California Manual on Uniform Traffic Control Devices (California MUTCD), these Specifications, and as directed by the City Engineer.

3.02 SUBMITTALS
Contractor shall submit Construction Information Sign format and content to City for review.

Construction Information Sign shall include the following:

1. Name of project

2. Name of 24/7 contact name and number for contractor

3. City contact name and number

4. Starting and completion dates of the contract.

3.03 EXECUTION
The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least two working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts.

The Construction Information Sign will be erected 7 days in advance of any work.

Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes.

Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under "Prequalified and Tested Signing and Delineation Materials" of these Specifications.

The Contractor may be required to cover certain signs during the progress of the work. Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed, or the information shall be corrected. Covers for construction area signs shall be of sufficient size and density to completely block out the complete face of the signs. The retroreflective face of the covered signs shall not be visible either during the day or at night. Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the City Engineer public traffic will be better served and 160

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the work expedited. Such deviations shall not be adopted until the City Engineer has indicated their written approval. All other modifications shall be made by contract change order.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

3.04 MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for Bid Item 2 “Construction Phasing and Traffic Control” and no separate payment will be made therefor and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in construction area signs, complete in place, including placing, maintaining, removing and disposing of construction area signs, or any other equipment used to protect the public or designate construction areas, as shown on the plans, as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer.

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SECTION NO. 4 – SEDIMENT AND WATER POLLUTION CONTROL

4.01 GENERAL
The Contractor shall be responsible for implementing and managing these systems during the life of the project. The Water Pollution Control Plan (WPCP) shall conform to all applicable requirements in Section 13, “Water Pollution Control,” of the Standard Specifications these Special Provisions, Section 30, Stormwater Pollution Control.

4.02 SUBMITTAL
The Contractor shall submit a Water Pollution Control Program (WPCP) to address the storm drain and various improvements to the City Engineer for approval. The WPCP shall conform to the San Mateo Countywide Water Pollution Program Construction Management Practices (BMPs) and the requirements of the City of Belmont and these Specifications, which can be found here: https://www.flowstobay.org/preventing-stormwaterpollution/with-new-redevelopment/construction-best-practices/

4.03 EXECUTION
Water pollution control work to be included in the WPCP shall include:

1. Cleaning of vehicles by removing loose soil from the exterior of the equipment using brushes or brooms before leaving the Site.

2. Sweep adjacent streets as required by City Engineer.

3. Installation of temporary inlet protection.

4. Installation of temporary construction entrance.

5. Use of concrete washout containment facility.

6. Covering of stockpiles.

7. Decontamination of construction equipment before leaving the premises.

8. Covering of soil loads taken offsite to prevent soil tracking.

9. Suspension of work upon wind gust in excess of 25 mph. At the discretion of the City Engineer, work can resume if the types of work being performed are not generating large amounts of dust.

10. Dewatering of excavations and disposal of water
Dewatering work shall include:
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1. Keep all excavations, including drilled shaft foundations, reasonably free from water during construction.

2. Disposal of water shall not damage property or create a public nuisance.

3. Have on hand pump equipment and machinery in good working condition for emergencies and workmen available for its operation.

4. Dewatering systems shall operate continuously until foundations are poured or trenches are backfilled.

5. Groundwater shall be controlled to prevent softening of the bottom of excavations, or formation of “quick” conditions.

6. Dewatering systems shall not remove natural soils.

7. Control surface runoff to prevent entry or collection of water excavations.

8. Release of groundwater shall be controlled to prevent disturbance of the natural foundation soils or compact fill.

9. There shall be no discharge of turbid water on site.

10. Discharge or disposal of water shall be controlled to prevent erosion.

The Contractor shall not perform work that may cause water pollution until the WPCP has been approved by the City Engineer. The City Engineer's review and approval shall not waive any contract requirements and shall not relieve the Contractor from complying with Federal, State, and local laws, regulations, and requirements.

4.04 MEASUREMENT AND PAYMENT
The contract lump sum price paid to prepare Bid Item 3 “Sediment and Water Pollution Control” shall include full compensation for furnishing all labor, materials, tools, equipment, dewatering, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the WPCP and inspecting water pollution control practices as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer.

Full compensation for implementation and maintenance of the sediment and water pollution control program shall be considered as included in the contract lump sum price paid for Water Pollution Control and no additional compensation will be allowed therefor.

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SECTION NO. 5 – REMOVE PAVEMENT DELINEATION AND MARKERS

5.01 GENERAL
All existing pavement delineation and pavement markers, when no longer required for traffic lane delineation, shall be removed to the limits as shown on the plans or as directed by the Engineer, and properly disposed of. The pavement delineation and markers shall be maintained, as long as practical, until the removal is scheduled. Adequate lane markings and temporary traffic control shall be provided at all times.

Attention is directed to the Section 84-2, “Traffic Stripes and Pavement Markers,” of the Standard Specifications and the section titled “Water Pollution Control,” of these Special Provisions.

Nothing in these Special Provisions will relieve the Contractor’s responsibilities as provided in the section titled, “Public Safety,” of these Special Provisions.

5.02 MATERIALS

NOT APPLICABLE

5.03 EXECUTION
Existing thermoplastic traffic stripes, pavement markings and markers, and delineator posts, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of outside the right of way in accordance with the provisions in Section 13─4.03E(8) of the 2018 Standard Specifications, by industry standard grinding methods and must not be performed by using flame or heat methods.

Removal and disposal of yellow traffic stripes shall conform with the provisions of Section 14-11.2 of the 2018 Standard Specifications.

REMOVAL OF DEBRIS
All debris generated from this activity shall be hauled off-site at the end of each work day.

LEAD COMPLIANCE PLAN
Yellow thermoplastic and yellow paint traffic stripe exist along the length of the project.

Residue produced when yellow thermoplastic and yellow paint are removed may contain heavy metals in concentrations that exceed thresholds established by the California Health and Safety Code and may produce toxic fumes when heated. The existing pavement markings must be tested for lead content. If the evaluation indicated elevated levels of lead and chromium, residue from the removed markings must be treated as a hazardous waste, and must be handled and disposed of in accordance with the requirements outlined below.

Prepare and submit a Lead Compliance Plan in accordance with Section 7-1.02K (6) (j) (ii) of the Standard Specifications. Before submission to the Engineer, the Lead Compliance Plan must be approved by an Industrial Hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. The Plan must be submitted to the Engineer at least 164

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7 days prior to beginning removal of yellow thermoplastic and yellow paint. Perform all removal work according to the Plan.

The removed yellow thermoplastic and yellow paint must be disposed of at a Class 1 disposal facility or a Class 2 disposal facility permitted by the Regional Water Quality Control Board in conformance with the requirements of the disposal facility operator within 5 days after accumulating 220 pounds of residue and dust.
• Where grinding or other methods approved by the Engineer are used to remove yellow thermoplastic and yellow painted traffic stripe, the removed residue, including dust, must be contained and collected immediately. Sweeping equipment must not be used. Collection must be by a high efficiency particulate air (HEPA) filter equipped vacuum attachment operated concurrently with the removal operations or other equally effective methods approved by the Engineer.

Where pavement markings have been removed, asphalt tack coat shall be applied over the removal areas per SECTION NO. 7 ASPHALT TACK COAT provided in these technical specification.

5.04 MEASUREMENT AND PAYMENT
The contract lump sum price paid for Bid Item 4 Remove Pavement Delineation and Markers shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved to remove the pavement delineation and application of tack coat as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION
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SECTION NO. 6 – REMOVE EXISTING SIGN AND POSTS

6.01 SCOPE OF WORK
This work includes removal of roadside signs (signing), and posts at the locations shown on the plans or where designated by the Engineer and in conformance with the provisions in the Standard Plans and Specifications and these special provisions.

6.02 MATERIALS

NOT APPLICABLE

6.03 EXECUTION
Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic, unless otherwise directed by the Engineer. The signs to be removed shall be salvaged and shall be returned to the City of Belmont. The existing signs to remain shall be protected during construction.

Existing roadside signs, at locations shown on the plans to be salvaged, shall be removed, salvaged and delivered to a City of Belmont Corporation Yard at 110 Sem Lane.

Existing sign posts to be removed in sidewalk areas shall be removed by cutting and grinding the posts flush with the grade of the sidewalk. Any holes or depressions shall be leveled with grout; vertical ledges or protrusions greater that 1/8” shall not be allowed.

Existing sign posts to be removed in all other areas shall be removed by cutting and grinding the posts down to the foundation. Any holes or depressions shall be leveled with grout; vertical ledges or protrusions greater that 1/8” shall not be allowed.

6.04 MEASUREMENT AND PAYMENT
The contract price paid per each unit identified in the bid schedule Bid Item 5 “Remove Existing Sign and Post” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in removing existing signs as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

END OF TECHNICAL SPECIFICATIONS
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SECTION NO. 7 – REMOVE ASPHALT CONCRETE

7.01 GENERAL
This work shall consist of removing existing asphalt concrete pavement and disposing of grinded material as shown on the project plans. “Remove Asphalt Concrete” includes the grind and removal of existing pavement and aggregate base for 2-inches identified in the plans.

7.02 MATERIALS

NOT APPLICABLE

7.03 EXECUTION
Sawcut and remove roadway base and surfacing as required for the roadway in accordance with Section 19, “Earthwork,” of the State Standard Specifications and these Technical Specifications, as shown on the plans, and as directed by the Engineer. This bid item also includes removal of base rock as required for the improvements.

Temporary pavement markings shall be provided if section will be opened to traffic. Refer to Traffic Striping section of these Specifications for pavement striping and marking. Refer to Section 10-2.04, Traffic Control, of the Special Provisions for additional information.

Unless otherwise specified in the Special Provisions all material removed shall be considered the property of the Contractor and shall be disposed of by the Contractor.

7.04 MEASUREMENT AND PAYMENT
The contract per square foot price paid for Bid Item 6 “Remove Asphalt Concrete - Depth of 2” shall be considered full compensation for sawcutting, asphalt concrete removal, and disposing of all material, temporary pavement markings, sweeping and for furnishing all labor, materials, equipment, and incidentals to accomplish the work as specified herein and no additional compensation will be allowed.

END OF SECTION
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SECTION NO. 8 – HOT MIX ASPHALT (SPEED CUSHIONS)

8.01 SCOPE OF WORK
This work includes producing and placing hot mix asphalt (HMA) Type A The contractor shall place hot mix asphalt (HMA) Type A with the thickness shown on the plans.

Comply with Section 39, "Hot Mix Asphalt," of the Standard Specifications except as modified herein.

Submit JMF information on Form CEM-3511 and Form CEM-3512. Submit Form CEM-3513 for mixes that have been verified within last 12 months. For unverified mixes, coordinate mix verification with Engineer.

Submit Quality Control Plan that conforms to the current Caltrans Quality Control Plan Review Checklist for Hot Mix Asphalt. Allow 20 calendar days for review.

8.02 HOT MIX ASPHALT
The grade of asphalt binder mixed with aggregate for HMA Type A must be PG 64-10.

The aggregate for HMA Type A must comply with the 3/8” gradation for leveling course, 1/2” gradation for the final lift and 3/4” gradation for the lower lifts and base repair areas as shown on the plans.

The tack coat shall be emulsified asphalt of grades RS1, RS2, SS1, or SS1h, conforming to Section 94, ‘Asphaltic Emulsions’, of the Standard Specifications.

Crack Seal shall be per Section 10.16 of these specifications.

8.03 EXECUTION

SURFACE PREPARATION
This work consists of preparing the existing street surface prior to the commencement of paving. Such work shall include compacting and removing loose and broken asphalt concrete pavement and foreign material as specified in the Standard Specifications and these Technical Provisions, and as directed by the Engineer.

SAMPLING
The Owner’s Engineer will have the right to obtain samples of all materials to be used in the work and to test such samples for the purpose of determining specification compliance. The Owner reserves the right to obtain said samples at the point of delivery and/or at the point of manufacture. The Owner shall also have the right to inspect sources of materials to be used in the work to determine workmanlike procedures used by the materials supplier. The contractor shall facilitate the sampling process.
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VERTICAL JOINTS
Do not leave a vertical joint more than 0.15 foot high between adjacent lanes open to public traffic. Place W8-11 "UNEVEN LANES" signs adjacent to the traveled way's outside edge.

Place the first W8-11 sign where the vertical joint begins in the direction of travel on that lane. Place the W8-11 signs at 1,000-foot maximum intervals and at ramps and public roads entering the traffic lane.

TRANSPORTATION AND PLACEMENT
The asphalt concrete shall be delivered in a thoroughly blended condition and shall be spread by an asphalt paving machine in such a manner as to avoid segregation during the placing operations. Areas inaccessible to spreading and compaction equipment may be paved by such methods as may be approved by the Owner’s Engineer. Initial rolling shall be performed immediately after placement. No asphalt concrete is to be placed when the atmospheric temperature is below 50 degrees Fahrenheit.

8.04 EQUIPMENT

PAVING MACHINE
Asphalt pavers shall be mechanical spreading and finishing equipment, provided with a screed or strike off assembly capable of distributing the material to not less than eight (8) feet. Screed action shall include any cutting, crowding or other practical action which is effective on the mixture without tearing, shoving, or gouging, and which produces a surface texture of uniform appearance. The screed shall be adjustable to the required section and thickness. The paver shall be provided with a full width roller or tamper or other suitable compacting devices. Pavers that leave ridges, indentations or other marks in the surface shall not be used unless the ridges, indentations or other marks are eliminated by rolling or prevented by adjustment in operations.

COMPACTION ROLLERS
The Contractor shall furnish equipment capable of producing the required compaction.

Vibratory rollers shall be double steel drum and have adjustable amplitude settings.

HAND EQUIPMENT
Sufficient vibraplates and hand tampers shall be provided to assure their immediate availability when placing asphalt concrete around planters, inside corners, or irregular areas.

Torches for heating cold joints or making repairs shall be available during every paving operation. Lack of such hand equipment shall be cause to prevent paving from starting or continuing.

TACK COAT
The work to be performed shall comply with Section No. 9 Asphalt Tack Coat within these specifications.
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8.05 WORKMANSHIP

FINISHED SURFACE
The completed surfacing shall be thoroughly compacted, smooth, and free from ruts, humps, depressions, irregularities, rock pockets, excessive coarse aggregate, and roller marks.

Any ridges, indentations, or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves ridges, indentations, or other objectionable marks in the asphalt concrete shall be discontinued.

The Contractor shall provide sufficient manpower and manual compacting equipment to perform all handwork compaction in unison with the initial compaction rolling. If the handwork compaction begins to lag for whatever reason, the Contractor shall cease paving operations until the handwork compaction is caught up with the rest of the paving operation.

Areas of hand work at joints and miscellaneous structures shall match the smooth surface texture of all other areas of the new pavement. Any areas which have a rough surface texture shall be reworked with heat and asphalt concrete fines shall be placed. Coarse aggregate removed during raking shall not be returned to the finished mat surface. Such coarse aggregate may be returned to the hopper of the paving machine or spread immediately in front of the paver. Cold coarse aggregate shall not be reused, but discarded.

Finished areas of asphalt concrete adjacent to concrete drainage facilities shall be placed in such a manner that the finished surface is no greater than 1/4 inch higher than the facility and no lower than flush with the facility.

COLD JOINTS
The contractor shall heat by torch or other acceptable methods paving joints which do not receive an adjacent pass within 3 hours of placement. If the cold joint goes unpaved against overnight, the contractor shall heat the joint and place tack coat prior to placing the adjacent pass. Longitudinal pavement joints shall be on, or as close as possible to, the lane lines.

UNSTABLE SUBGRADE
The excavation and removal of additional unsuitable materials beyond the depths of excavations as shown on the Plans and additional backfill, if required by the Engineer, shall be in accordance with the Provisions in Section 19-1.03B, “Unsuitable Material,” of the State Standard Specifications.

8.06 MEASUREMENT AND PAYMENT
The contract per ton price paid for Bid Item 7 “Hot Mix Asphalt (Type A) – Speed Cushions” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved for placing hot mix asphalt and asphalt tack coat, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer as may be required to complete the work.

END OF SECTION
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SECTION NO. 9 – ASPHALT TACK COAT

9.01 GENERAL
The work to be performed shall consist of furnishing and applying tack coat in conjunction with hot mix asphalt overlays and other hot mix asphalt paving work.

All such work shall conform to Section 94, “Asphaltic Emulsions”, and Section 92, “Asphalts”, of the Standard Specifications, these Special Provisions, and as directed by the Engineer.

9.02 MATERIALS
The tack coat shall be emulsified asphalt of grades RS1, RS2, SS1, or SS1h, conforming to Section 94, “Asphaltic Emulsions”, or PG 64-16 asphalt binder conforming to Section 92, “Asphalts”, of the Standard Specifications.

9.03 APPLICATION
The tack coat shall not be applied until the preparation of the existing surface has been completed, and then only so far in advance of placing the hot mix asphalt as permitted by the Engineer. Preparation of the surface shall be performed as described in these Special Provisions. No tack coat shall be left exposed overnight. Immediately in advance of placing the hot mix asphalt, additional tack coat shall be applied as directed by the Engineer to areas where previously applied tack coat has been destroyed or otherwise rendered ineffective, and no additional compensation will be allowed for such work.

Existing concrete curb faces shall be protected against discoloration from the asphalt.

Residue of the material shall be removed from curb faces by sandblasting to the extent required by the Engineer.

Tack coat shall be applied as specified in Subsections 39-1.09 of the Standard Specifications and these Special Provisions.

The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat. Further, tack coat shall not be applied when the temperature of the surface to be tacked is below 40 degrees Fahrenheit in the shade, unless approved otherwise by the Engineer.

Tack coat shall be applied to all vertical edges to be paved against including curb faces and gutter lips. In addition, all horizontal surfaces to be paved on shall be tack coated. These include, but are not limited to, existing and cold planed surfaces, and leveling, base, and intermediate courses. The Contractor shall protect concrete surfaces that are not to be paved against from tack coat spray or splash. Any tack coat more than one inch above the paving surface shall be removed by power washing or other means.

9.04 MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for work involved in Bid Item 7 “Hot Mix Asphalt (Type A) 172

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– Speed Cushions” and no separate payment will be made therefor and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer.

END OF SECTION
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SECTION NO. 10 – SLURRY SEAL TYPE II

10.01 GENERAL
The work shall comply with Section 37-3.01 GENERAL and 37-3.02 SLURRY SEALS of the Standard Specifications and these specifications.

10.02 GENERAL
The aggregate shall conform to the requirements of Type II in 37-3.01B(2) and be black rock pending submittal approval from the Engineer and a crushed stone such as granite, slag, limestone, chat, or other high-quality aggregate, or combination thereof. To assure the material is 100 percent crushed, the parent aggregate will be larger than the largest stone in the gradation used.

Asphaltic emulsion for slurry seal must be polymer modified asphaltic emulsion PMCQS1h and shall comply with the requirements of Section 37-3.02B(3).

Wet Track abrasion shall be 50 g/ft.2 (538 g/m2) maximum when tested under ISSA Technical Bulletin No. 100.

10.03 CONSTRUCTION
Raised pavement markers, thermoplastic striping and thermoplastic legends shall be removed prior to application and replaced with new once the application is completed.

The Contractor shall maintain equipment to clean the pavement of debris immediately prior to application of slurry. Such equipment shall as a minimum consist of a backpack type blower, brooms and shovels. At any time up to immediately prior to placement of the slurry, the Contractor shall stop application of the slurry seal and remove any debris which has fallen on the roadway to be sealed. Such items may include, but not be limited to paper, plastic, leaves, twigs, branches, etc. Failure to properly clean the pavement of debris as required will immediately terminate further slurry seal placement that day. Continuing work the next day is dependent on the Contractor demonstrating the availability of the equipment and manpower to keep the pavement clean.

Only place slurry seal if both the pavement and air temperatures are at least 60°F and rising.

Do not place slurry seal or micro-surfacing if either the pavement or air temperature is below 60°F and falling. The expected high temperature must be at least 65°F within 24 hours after placement.

No adhesive material shall be permitted to cover, seal, or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of slurry material by the end of the same workday.

The Contractor shall inspect the roadways to be sealed and determine if overhanging branches will be disturbed by the slurry seal trucks. Any such branches shall be pruned by the Contractor at his expense prior to initiation of slurry seal placement. Prior to pruning any 174

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branches over 2 inches in diameter, the Contractor shall obtain approval from the Engineer.

Forty-eight hours’ notice shall be provided for Engineer review and comment.

When placing multiple layers of slurry seal (excluding wheel path depressions), the second layer shall not be placed until the following day or later.

The Contractor shall apply the slurry using a minimum of three continuous mixers of 12 cubic yard or greater capacity, one mixer to be applying slurry, while the other two machines are in transit to and from the batch site. The Contractor shall provide a coordinator, at least one competent quickset mixing man, one driver for the mixer applying the slurry, and two shuttle drivers for the machine en route to reload. The Contractor shall also provide sufficient laborers for any handwork and cleanup required to ensure proper progress of work.

The slurry seal retention time in the pug mill shall be less than three seconds. No retention of mixed slurry seal shall be allowed within the pug mill by gate shut-off or other mechanical means. Transit mix trucks shall not be used.

The applied slurry seal shall be rolled with a minimum of three passes with a pneumatic roller prior to opening to traffic. The Contractor shall provide a minimum of 2 pneumatic rollers with separate operators. Pneumatic rollers with shall be a minimum of 6 tons and a maximum of 12 tons. The roller must be onsite prior to beginning work. Pneumatic rolling shall occur within 1 hour after placement and prior to opening to traffic.

Protection and maintenance of the street surface to the condition required for proper slurry application shall be the sole responsibility of the Contractor and no additional expense will be allowed. The Contractor shall, at the direction of the City Inspector and Street Maintenance Superintendent, repair and reseal all areas of the streets which have not been sealed properly and completely or have been damaged by traffic.

A minimum of five post slurry seal street sweepings shall be made at 3 calendar days, 7 calendar days, 14 calendar days, 21 calendar days and 30 calendar days after placement of the slurry seal using power vacuum-type sweeping equipment. Areas where the slurry seal fails to adhere or experiences excessive aggregate loss shall be resealed at the Contractor's expense.

10.04 QUALITY CONTROL
The Engineer shall be notified 24 hours in advance of scheduled delivery of aggregate and emulsion. The Contractor shall provide delivery tickets to the Engineer on the same day as delivery. A certificate of compliance for the emulsion shall accompany each delivery of emulsion. Excess aggregate or emulsion returned to the source or to other projects shall be scaled at a commercial scale within 25 miles of the job site on the same day as the material is removed from the jobsite. The scale tickets shall be provided to the Engineer at the end of the day that the return material was removed from the site.

The Contractor shall facilitate sampling of aggregates and emulsion. The sampling shall occur as soon after delivery as practical. The Contractor shall sample the aggregate at the rate of one per 100 tons. The Engineer will provide random sampling milestones to the 175

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Contractor. The Contractor shall sample and split the sample in the presence of the Engineer.

The Engineer will provide a splitter, sample bags and sample identification tags.

Each truck of emulsion delivered to the project shall be sampled by the Contractor. The Contractor shall provide the Engineer with a 2-quart sample in a plastic container. The Contractor shall provide the containers. The samples shall be labeled with a label provided by the Engineer. All required information shall be provided. Samples shall be provided to the Engineer on a daily basis including a copy of the delivery ticket with weight and Certificates of Compliance for the load delivered.

The Contractor shall maintain all aggregate belt counters in operating order at all times. If the counter should become inoperable, it shall be taken immediately out of service.

10.05 GENERAL
The contract per square yard price paid for Bid Item 8 “Install Slurry Seal Type II” shall include full compensation for furnishing all labor, materials, tools, equipment, supervision, and incidentals and for doing all the work involved in applying slurry seal complete in place, as shown on the plans, as specified in the Standard Specifications and these Specifications, and as directed by the Engineer as may be required to complete the work.

END OF SECTION

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SECTION NO. 11 – REMOVABLE BOLLARD

11.01 SCOPE OF WORK
The work consists of installing Removable Bollards at the locations specified in the plans.

Attention is directed to Section 81, “Miscellaneous Traffic Control Devices” of the Standard Plans.

11.02 MATERIALS
Submittals – Technical and product data, performance reports, certificates of compliance and installation instructions for proposed materials and products, requested by the Engineer.

11.03 GENERAL
The contract unit price paid per each of Bid Item 9 “Removable Bollard” shall include full compensation for furnishing all labor, materials, tool, equipment, and incidentals and for doing all the work involved in supplying and installing the removable bollards as shown on the plans, as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefore.

END OF SECTION

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SECTION NO. 12 – PAVEMENT STRIPING AND PAVEMENT MARKINGS

12.01 GENERAL
Specifications for providing traffic striping, control markings and painting red curb on pavement as indicated. All work shall conform to the Section 84 “Markings” of the Standard Specifications.

12.02 SUBMITTALS
Contractor shall submit shop drawings and diagrams, indicating stripe width of roadway divider stripes, style, and size of letters for pavement marking designation, configuration and dimensions of arrows and any other traffic control markings on pavement.

Contractor shall submit evidence or affidavit which certifies that paint to be used complies with latest CARB/VOC regulations.

A certificate of compliance shall be provided by the Contractor to the City that all materials used for pavement marking and legends conform to the Standard Specifications.

12.03 MATERIALS
Traffic stripes and pavement markings shall be installed per Section 84 of the Standard Specifications and these Specifications.

All striping and pavement markings shall be Thermoplastic.

Thermoplastic must comply and conform to either State Specifications PTH-02HYDRO OR PTH-02ALKYD. Sprayable Thermoplastic must comply with State Specification PTH02SPRAY.

Green Thermoplastic Markings may be, at the contractor’s discretion, preformed panels manufactured by Ennis-Flint (PreMark Bike Lane Green) or approved equal.

Type 2 glass beads must comply with AASHTO M247.

Curb paint materials shall comply with Section 84-2.02G of the Standard Specifications.

12.04 EXECUTION
All traffic striping, pavement markings (legend), and pavement markers removed prior to excavation or grinding shall be replaced except as modified in the Plans or as directed by the City Engineer. Prior to replacement, the Contractor shall layout all striping patterns and marking locations by cat tracking or other suitable means for review and approval by the City Engineer. Any striping and/or markings installed by the Contractor that the City Engineer has not pre-approved, and that the City Engineer determines are installed improperly or in the wrong location, shall be removed and replaced to the satisfaction of the City Engineer at the Contractor’s sole expense.
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Surfaces which are to receive markings shall be thoroughly cleaned, free from loose materials and dry. Such areas shall be prepared by the Contractor to the satisfaction of the City Engineer.

Any damage to existing or newly placed traffic striping due to the failure of the Contractor to protect the work, and correction of errors, shall be repaired by the Contractor at no additional cost.

All new traffic stripes and pavement markings shall meet the following requirements for applications with enhanced wet night visibility:

The finished surface shall be cat-tracked within 24 hours of completion of paving work. Final striping shall be applied within one week of completion of paving work.

Nothing in these Specifications shall relieve the Contractor from their responsibilities as provided in Section 7-1.09, “Public Safety,” of the Standard Specifications.

Paint for curbs shall comply with Section 84-2.04B(6) “Paint” of the Standard Specifications.

Construction
Construct recesses to 3/8-inch depth in a single pass. Allow wet ground recesses to dry a minimum of 24 hours and keep recesses free from debris.

Apply primer or surface preparation adhesive at a minimum rate of 1 gallon per 300 square feet.

Use a ribbon extrusion or screed type applicator to apply a thermoplastic traffic stripe.

Apply an extruded thermoplastic traffic stripe at a rate of at least 0.36 pounds per foot of 6- inch-wide solid stripe. The applied thermoplastic traffic stripe must be at least 0.060 inch thick.

Apply an extruded thermoplastic pavement marking at between 0.100 to 0.150-inch thick.

Apply Type 2 glass beads to the surface of the molten thermoplastic at a rate of at least 8 pounds per 100 square feet of stripe or marking.

Application of curb paint shall consist of two separate coats of traffic paint of the appropriate color to the face and top of the curb. Use mechanical wire brushing to remove dirt, contaminants, and loose material from the surface that is to receive curb paint.

Use abrasive blast cleaning to remove laitance and curing compound from the surface of new concrete that is to receive curb paint.

Quality Control and Assurance
Within 14 days of applying a thermoplastic traffic stripe or pavement marking, the retroreflectivity must conform to State Standard Specification Section 84-2.01D(2) 179

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12.05 MEASUREMENT AND PAYMENT
The contract price paid per square foot for Bid Item 10 “Install Pavement Marking - Thermoplastic White” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the surface and installation of pavement markings as shown in the plans, as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer. The payment quantity for a pavement marking is the area covering it.

The contract price paid per square foot for Bid Item 11 “Install Pavement Marking - Thermoplastic Green” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the surface and installation of green thermoplastic bike markings as shown in the plans, as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer.

The payment quantity for a pavement marking is the area covering it.

The contract price paid per lineal foot for Bid Item 12 “Install Pavement Striping – Thermoplastic White” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the surface and installation of thermoplastic striping as shown in the plans, as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer. The payment quantity for a traffic stripe is the length measured along the line of the traffic stripe without deductions for gaps in the broken traffic stripe.

The contract price paid per lineal foot for Bid Item 13 “Install Pavement Striping – Thermoplastic Yellow” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the surface and installation of thermoplastic striping as shown in the plans, as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer. The payment quantity for a traffic stripe is the length measured along the line of the traffic stripe without deductions for gaps in the broken traffic stripe. A double sprayable thermoplastic traffic stripe consisting of two 6-inch-wide or 8-inch-wide stripes are measured as a single traffic stripe.

The contract price paid per lineal foot for Bid Item 14 “Install Red Curb Paint” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the surface and installation of thermoplastic striping as shown in the plans, as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer.

The contract price paid per lineal foot for Bid Item 15 “Install Yellow Curb Paint” shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in preparing the surface and installation of thermoplastic striping as shown in the plans, as specified in the Standard Specifications and these Specifications, and as directed by the City Engineer.

END OF SECTION
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SIGNS AND DELINEATOR POSTS

12.06 GENERAL
Roadside signs shall be furnished and installed on new foundations at the locations shown on the plans or where designated by the City Engineer and in conformance with the provisions in the Standard Plans and Specifications and these special provisions.

12.07 SUBMITTAL
Contractor shall provide submittal for each Respective manufacturer’s product data for manufactured products.

12.08 MATERIALS
Signs
All signs and plaques shall conform to CA-MUTCD standards. All signs and plaques shall be Federally specified .080 gauge, 5052 aluminum. Unless specified otherwise, sign shall be 3M™ DG3 diamond grade cubed or equivalent prismatic sheeting, with anti-graffiti overlay.

All sign assemblies shall use provided anti-vandal fasteners and tools to mount components to sign and sign to fixture.

Sign Posts
Roadside sign posts shall be one of the following or approved equal:

Western Highway Products:
10680 Fern Ave.

Stanton, CA 90680
(800)479-3793
Model: Ulti-Mate Sign Support System
Zumar Industries, Inc.:
9719 Santa Fe Springs Road
Santa Fe Springs, CA 90670
(800)654-7446 www.zumar.com
Model: Perforated Square Steel Sign Posts
Tapco:
5100 W. Brown Deer Road
Brown Deer, WI 53223
(800)236-0112 www.tapco.com
Model: Galvanized Square Post
Posts for roadside signs shall conform to Standard Plan RS1. Posts shall have a bolt installed at the base of the post, as recommended by the manufacturer, and as directed by the City 181

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Engineer. Posts shall be 12-gage galvanized steel 2.25-inch square tube with perforations, weighing 2.09 pounds per linear foot.

12.09 EXECUTION
Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic, unless otherwise directed by the City Engineer.

Signs and mounting shall be installed at the locations shown on the plans, or where directed by the City Engineer and shall conform to the provisions in Section 56-4, “Roadside Signs,” of the Standard Specifications and these Special Provisions. Existing and new signs to be mounted to existing or new posts shall be done in accordance with applicable Caltrans standards.

12.10 MEASUREMENT AND PAYMENT
The contract unit price paid to Bid Item 16 “Install New Sign on Existing Post” shall be paid per each and shall include full compensation for furnishing the sign on an existing post, all labor, materials, tools, equipment, incidentals, for installation of new signs as shown in the plans.

The contract unit price paid to Bid Item 17 “Install New Sign” shall be paid per each and shall include full compensation for furnishing the sign , all labor, materials, tools, equipment, incidentals for doing all the work involved in installing sign posts and foundation as shown in the plans.

The contract unit price paid to Bid Item 18 “Install New Post and Foundation” shall be paid per each and shall include full compensation for furnishing the sign and sign post, all labor, materials, tools, equipment, incidentals for doing all the work involved in installing sign posts and foundation as shown in the plans.

END OF SECTION
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SECTION NO. 13 – FINAL INSPECTION AND PUNCHLIST

13.01 SCOPE OF WORK
When the work has been completed, Engineer will make the final inspection and final project walk-through with Contractor. Engineer will create a punch list of deficient items that need to be corrected by Contractor. Engineer reserves the right to add items to the Project’s punch list as deemed necessary. All punch list items shall be completed within five (5) working days of notice to Contractor. Punch list items shall be accounted for in the Project construction schedule within the Project working days. Contractor shall not be granted additional working days for the completion of the punch list items.

13.02 MATERIALS

NOT APPLICABLE

13.03 EXECUTION

NOT APPLICABLE

13.04 MEASUREMENT AND PAYMENT
Full compensation for complying with the provisions of this section shall be considered as included in the contract price for the various bid items and no separate payment will be made therefor.

END OF SECTION
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