Brentwood City Council
April 26, 2022

APRIL 26, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
*IMPORTANT NOTICE ABOUT PUBLIC COMMENTS AND MEETING PARTICIPATION* UPDATED APRIL 21, 2022
Consistent with Contra Costa County Health orders, and in accordance with California Government Code Section 54953(e) concerning teleconference meetings, this City Council meeting will be held exclusively via teleconference, using the Zoom video conferencing system. At this time, public participation will be available exclusively via telephone or teleconference, using the Zoom video conferencing system.

How to View and Participate
The public is invited to participate in the City Council meeting and offer comments of up to 3 minutes (or as may otherwise be determined by the Council) using any of the following methods:

1. Zoom: www.brentwoodca.gov/vcc or Zoom Webinar ID: 760 1397 0037 Phone Numbers:

Dial(for higher quality, dial a number based on your current location):

US: +1 720 707 2699 or +1 253 215 8782 or +1 346 248 7799 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free)
As the City Council Chamber will not be open to the public, individuals may view and participate in the meeting with this link. During the meeting, each period for public comment will be announced, and participants may use the “Raise Hand” feature on Zoom to request to speak. The meeting host will call on you, by name, and enable your microphone when it is your turn to speak.

In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required. (If you need instructions on how to use this feature, please contact the City Clerk by noon of the meeting date at [email protected] or 925.516.5182.)
The public may view the meeting via one-way video feed by selecting the video option at the City Council Agendas’ link on the City webpage at www.brentwoodca.gov

2. Telephone
If you wish to comment during the meeting via telephone, you may “raise your hand” virtually on most devices by pressing *3, and you will be called upon when it is your time to speak. After speaking, please press *3 again to remove the “raise your hand” feature. If that feature does not work on your device, please email [email protected] in advance of the meeting where possible. The request must contain in the subject line “Request to Speak – Agenda Item #” and should include name and full phone number that will be used to call in. In order to ensure the orderly administration of the meeting using this method, providing your name is encouraged, but is not required.

3. E-mail
Public comments can also be submitted via e-mail to [email protected]. Any public comments received up until 3:00 p.m. of the meeting date will be:
 distributed to the Council via email before the meeting,  posted online for public inspection at https://www.brentwoodca.gov/councilmeetingonline, and
 later summarized in the meeting minutes.

APRIL 26, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
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Public comments received after 3:00 p.m. of the meeting date, but prior to the start of the meeting, will be emailed to the City Council, posted online within one day following the meeting, and will be summarized in the meeting minutes. The City cannot guarantee that its network, website, and/or the Zoom system will be uninterrupted. In the event of an interruption to the broadcasting of the meeting using the telephone or internet-based options listed above, the City Council will take no further action on items on the agenda until public access to the meeting via either option is restored. To ensure that the City Council receives your comments prior to taking action, you are strongly encouraged to submit them in advance of the meeting by 3:00 p.m.

As e-mails containing public meeting comments are part of the official record, note that personal contact information may be published if it is included with your e-mail.

The Closed Captioning provided via Zoom is auto generated it is not the official record and is provided as a convenience
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for April 26, 2022 at 5:30 p.m. or as soon thereafter as possible.

CALL TO ORDER & ROLL CALL
PUBLIC COMMENTS At this time the public is permitted to address the City Council on items that are on the Closed Session portion of the agenda. Unless otherwise stated by the Mayor, persons addressing the City Council are required to limit their remarks to three (3) minutes. Please use the Raise Your Hand feature in Zoom. Those with questions should direct them to the Council and, if relevant, the Council may direct them to the appropriate staff member.

RECESS TO CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
[Gov’t. Code §54956.8]
Property: 101 Sand Creek Road, Brentwood, CA 94513
APN 016-110-031
Negotiating Parties: 1. DTB Ventures, LLC
Michael S. Pierson

2. Golden State Orthopedics & Spine
John Kronick

3. LRG Investors, LLC
Ryan M. Nickelson

4. Saboo Inc.

Toheed Asghar

5. Sean McCauley Investments
Sean McCauley
City Negotiators:

APRIL 26, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
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Tim Ogden, City Manager
Darin Gale, Assistant City Manager
Ricardo Noguera, Economic Development Manager
Joshua Ewen, Senior Analyst
Under Negotiation: Price and Terms of Payment

ADJOURN CITY COUNCIL
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY MEETING

CALL TO ORDER & ROLL CALL

PLEDGE OF ALLEGIANCE

REPORT ON CLOSED SESSION

PUBLIC COMMENTS
At this time the public is permitted to address the City Council/Successor Agency/BIFA on items that are listed under Presentations; Informational Reports from Council Members, Committee, Liaisons, and Staff; on the Consent Calendar; Requests for Future Agenda Items, new items; or items not on the agenda. Persons addressing the City Council/Successor Agency are required to limit their remarks to three (3) minutes unless an extension of time is granted by the Mayor subject to approval of the City Council/Successor Agency. Please use the Raise Your Hand feature in Zoom during this item to speak under Public Comments. Speakers desiring answers to questions should direct them to the City Council/Successor Agency and, if relevant, the City Council/Successor Agency may direct them to the appropriate staff member.

A. PRESENTATIONS
A.1 Proclamation proclaiming support for Ukraine and its citizens.

B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS AND STAFF
This portion of the agenda is to provide an opportunity for Council Members to report on attendance at events, subcommittee meetings, and entities on which the Council Member has been appointed as a liaison and for staff to provide brief updates and/or information to the City Council.

C. CONSENT CALENDAR
All matters listed on the consent calendar are considered routine in nature and will be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.

C.1. Proclamation proclaiming April 30, 2022, as Arbor Day.

C.2. Proclamation proclaiming May 1 – 7, 2022, as Professional Municipal Clerks Week.

C.3. Proclamation proclaiming May 2022 as Older Americans Month APRIL 26, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
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C.4. Proclamation proclaiming May 2022 as Asian/Pacific American Heritage Month.

C.5. Proclamation proclaiming May 2022, as Bike Month.

C.6. Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning Commission workshops of February 23, 2022 and April 14, 2022; Minutes of the City Council/Successor Agency/Brentwood Infrastructure Financing Authority of February 8, 2022, February 22, 2022, March 8, 2022, March 22, 2022, and April 12, 2022. (Margaret Wimberly)
C.7. A Resolution approving and authorizing the City Engineer or designee to execute a Quitclaim to Silvergate Communities, LP, a California Limited Partnership, for a slope easement along O’Hara Avenue that is no longer needed due to O’Hara Avenue improvements. (Miki Tsubota/Debra Galey)
C.8. A Resolution accepting the work performed by Teichert Construction for the Downtown Alley Rehabilitation – Diablo Way, CIP Project No. 562-56401; and requesting the City Clerk to file a Notice of Completion with the County Recorder. (Miki Tsubota/Renee Payette/Aman Grewal)
C.9. A Resolution approving the purchase and installation of pre-fabricated restroom buildings, and authorizing the City Manager or his designee to execute a purchase order in the amount of $416,922 with Public Restroom Company, through a Sourcewell Cooperative Purchasing Agreement for Creekside Park and Garin Park Restrooms, CIP Project No. 352-52442 and amending the FY 2021/22 – 2025/26 Capital Improvement Program (CIP) and the 2021/22 Operating Budget to allow for the funding transfers. (Bruce Mulder/Aaron Wanden/Brian Johnson)
C.10. A Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2022 (Concrete Repairs), Capital Improvement Program ("CIP") Project No. 336-31699, with TNB Contractors, Inc., as the lowest responsible and responsive bidder, in the amount of $167,900, plus a 15% contingency of $25,185, for a total not to exceed amount of $193,085. (Miki Tsubota/Renee Payette/Aman Grewal) C.11. A Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Deer Ridge Frontage Landscaping Improvements Project, CIP No. 352-52440 with Clear Cut Landscaping, Inc. in the amount of $948,593, plus a 10% contingency of $94,860, for a total not to exceed amount of $1,043,453, and amending the FY 2021/22 – 2025/26 Capital Improvement Program and the 2021/22 Operating Budget for the associated project funding transfers. (Bruce Mulder/Joe Odrzywolski)
APRIL 26, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
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C.12. Adopt a Resolution approving and authorizing the City Manager or designee to execute Amendment No. 1 to the Professional Services Agreement with Dualhare, Inc., DBA Weblative Marketing & Media for Community Relations Services to increase it by $25,000 for Fiscal Year 2021/22, for a Total Not to Exceed Agreement Amount of $75,000 (Tim Ogden/Joshua Ewen/Darin Gale) C.13. A Resolution approving the purchase and installation of playground equipment for Sunset Park, and authorizing the City Manager or his designee to execute a contract in the amount of $335,761 with Park Planet through an OMNIA Cooperative Purchasing Agreement for Sunset Park Playground Replacement, Capital Improvement Program ("CIP") Project No. 352-52437 and amending the FY 2021/22 – 2025/26 CIP and the 2021/22 Operating Budget. (Bruce Mulder/Aaron Wanden/Brian Johnson)
C.14. A Resolution approving and authorizing the City Manager or designee to execute an amendment to the agreement for the disposal of biosolids services with Potrero Hills Landfill, Inc., a subsidiary of Waste Connections, Inc., in the amount of $100,000 for a total not to exceed agreement amount of $150,000; and to execute a second amendment to the agreement for hauling of biosolids services with Lone Tree Trucking, Inc., in the amount of $30,000 for a total not to exceed agreement amount of $405,000. (Miki Tsubota/Casey Wichert/Philip McKinney) C.15. A Resolution approving the recommendation of the Park and Recreation Commission to assign the name “Trailside Park” to the park that will be constructed on Parcel ‘A’ of the Seasons at Parkside project (Subdivision 8982). (Bruce Mulder/Joe Odrzywolski)
D. PUBLIC HEARINGS
Persons addressing the City Council/Successor Agency are asked to use the Raise Your Hand feature in Zoom. The Council may adopt reasonable regulations at the onset of the public hearing to facilitate public testimony. These regulations may include time limits. In the absence of such regulations, the public hearing shall follow the protocol for Public Comments.

D.1. Consideration of a Resolution Amending the FY 2021/22 Cost Allocation Plan and Schedule of City Fees to Update Mitigation Fees Implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), and Repealing and Replacing Resolution No. 2007-234, Which Adopted the HCP/NCCP Fees as Established in 2007. (Alexis Morris/Erik Nolthenius)
D.2. Introduction and Waive First Reading of an Ordinance Adopting a Military Use Policy Per AB 481 (Thomas Hansen/Tim Herbert)
APRIL 26, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
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E. BUSINESS ITEMS
E.1. Continued discussion regarding requested information related to the affordable housing inclusionary obligation, in-lieu fees, HOA dues, and State density bonus requirements, and requesting direction with respect to potential changes to existing policies or ordinances related to affordable housing. (Alexis Morris/Sylvia Elias)
E.2 Provide the City Council with requested information related to a ballot initiative to protect open space, parks and other properties, as well as provide staff with recommendations and directions regarding a ballot initiative. (Tim Ogden/Darin Gale)
F. REQUEST FOR FUTURE AGENDA ITEMS
F.1. NEW REQUEST(S)
Council Members wishing to have an agenda item placed on a future agenda shall make a request under this section of the agenda. These items will be included on the agenda for the next Council meeting.

F.2. REQUESTED ITEMS
F.2.1. Future agenda item request from Council Member Mendoza for City Council discussion of, and possible direction to staff, related to a policy and procedures for requests from Council Members or organizations they are involved with for grants, partnerships, and requests for anything of value from the City. (Tim Ogden/Margaret Wimberly)
F.2.2. Future agenda item request from Council Member Meyer for City Council discussion of, and possible direction to staff, related to clarified procedures for proclamations, including their placement on the agenda when a recipient is not present to accept them. (Tim Ogden/Margaret Wimberly)

ADJOURNMENT
Any disclosable public records related to an agenda item for the open session of this meeting distributed to all or a majority of the City Council less than 72 hours before this meeting will also made available for review on the City’s website at www.brentwoodca.gov/councilmeetingonline.

If you challenge the any of the matters listed under 'Public Hearings' in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Brentwood City Council at, or prior to, the public hearing.

NOTICE
In compliance with the Americans with Disabilities Act, the meeting room is wheelchair accessible and disabled parking is available at the City Hall parking lot. If you are a person with a disability and you need disability-related modifications or accommodations to participate in this meeting, please contact the City Clerk's Office at (925) 516-5440 or fax (925) 516-5441.

APRIL 26, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA AGENDA
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Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. {28 CFR 35.102-35, 104 ADA Title II}

POSTING STATEMENT
On April 21, 2022, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside City Hall, 150 City Park Way, Brentwood, CA 94513 and at our website www.brentwoodca.gov
A complete packet of information is available for public review at City Hall or on our website at www.brentwoodca.gov
1 Packet Pg. 8
Communication: CONFERENCE WITH REAL PROPERTY NEGOTIATORS 1 Packet Pg. 9
Communication: CONFERENCE WITH REAL PROPERTY NEGOTIATORS A.1
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Communication: Proclamation proclaiming support for Ukraine and its citizens. (PRESENTATIONS) C.1
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Communication: Proclamation proclaiming April 30, 2022, as Arbor Day. (CONSENT CALENDAR) C.2
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Communication: Proclamation proclaiming May 1 – 7, 2022, as Professional Municipal Clerks Week. (CONSENT CALENDAR) C.3
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Communication: Proclamation proclaiming May 2022 as Older Americans Month (CONSENT CALENDAR) C.4
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Communication: Proclamation proclaiming May 2022 as Asian/Pacific American Heritage Month. (CONSENT CALENDAR) C.5
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Communication: Proclamation proclaiming May 2022, as Bike Month. (CONSENT CALENDAR) MARCH 3, 2022

SPECIAL CITY COUNCIL MINUTES
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for MARCH 3, 2022, at 6:00 p.m. or as soon thereafter as possible.

CALL TO ORDER/ROLL CALL: A special meeting of the City Council Mayor Bryant called the meeting to order at 6:00 p.m.

Attendee Name Title Status
Jovita Mendoza Council Member Present
Susannah Meyer Council Member Present
Karen Rarey Council Member Present
Johnny Rodriguez Vice Mayor Present
Joel R. Bryant Mayor Present
A. PUBLIC HEARING
A.1 A public hearing to (1) review the two potential electoral district boundary maps selected by the Redistricting Commission and submitted to the City Council, and selection of one map by the City Council, without alteration, and (2) direct staff to draft implementing Brentwood Municipal Code amendments. (Tim Ogden/ Damien Brower/Margaret Wimberly) Michael Luker, Chair of the Redistricting Commission, spoke regarding the work of the Redistricting Commission, and expressed thanks for his fellow commission members and thanked staff and the consultants for their work during the process.

Following the presentation of the staff report and comments from the Chair of the Redistricting Commission, Mayor Bryant opened the public hearing.

Rod Flohr, resident, spoke about the redistricting process and spoke in support of Plan Navy as it would not allow those who have not had the chance to vote on Council representation yet, that ability.

Sinziana Todor, resident, spoke regarding the redistricting process and spoke in support of Plan Navy. as it would not allow those who have not had the chance to vote on Council representation yet, that ability.

Antonio Xavier, Resident, spoke in support of Plan Navy and echoed the comments of the previous speakers.

Kerry, resident, spoke in support of Plan Navy.

There being no one else wishing to speak it was moved/seconded Rarey/Mendoza by to close the public hearing. Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. Motion carried unanimous.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning MARCH 3, 2022

SPECIAL CITY COUNCIL MINUTES
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It was moved/seconded by Mendoza/Meyer as detailed in the staff report, adopt Resolution 2022-27 selecting boundary Map Navy, and directing staff to staff to draft the implementing Brentwood Municipal Code amendments. Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. Motion carried unanimous.

ADJOURNMENT
It was moved/seconded by Meyer/Rarey to adjourn. Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. Motion carried unanimous.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning APRIL 20, 2022

SPECIAL CITY COUNCIL MEETING MINUTES
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council was held on
APRIL 20, 2022 at 5:30 p.m.

CALL TO ORDER & ROLL CALL
Mayor Bryant called the special meeting to order at 5:30 p.m. Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez and Mayor Bryant present.

PUBLIC COMMENTS
None.

RECESS TO CLOSED SESSION
It was moved/seconded by Rarey/Mendoza to recess to closed session. Roll Call found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez and Mayor Bryant in favor, motion carried unanimous.

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
[Gov’t. Code §54957]
Title: City Manager
B. CONFERENCE WITH LABOR NEGOTIATORS
[Gov’t. Code § 54957.6]
City Designated Representatives: Mayor Joel Bryant
Vice Mayor Johnny Rodriguez
Tim Davis, Esq.

Unrepresented Employee: City Manager
The City Council reconvened in open session.

REPORT ON CLOSED SESSION: Mayor Bryant stated ”Council would like to report out that we are very happy to continue to work with our City Manager. We're looking forward to developing and continuing a positive working relationship, now and in the future and we are very thankful for how bright the future looks for the City of Brentwood”

ADJOURNMENT
The City Council adjourned at 8:53 p.m.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning FEBRUARY 23, 2022

CITY COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES
Pursuant to Section 54956 of the California Government Code, a special joint meeting for a workshop of the
City Council and the Planning Commission
is hereby called for:
5:30 p.m. on Wednesday, February 23, 2022

WORKSHOP

1. Call to Order/Roll Call: A Workshop of the City Council and Planning Commission Mayor Bryant called the workshop to order at 5:30 p.m. Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez, and Mayor Bryant present.

A roll call of the Planning Commission found Commissioners Dolter, Roberts, Sparling and Chair Zeigler present, and Commissioner cross absent.

It was moved/seconded by Rarey/Mendoza to move the consideration of agenda item 4 up on the agenda. Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. Motion carried unanimous.

Planning Commissioners: Roll call found Planning Commissions Dolter, Roberts, Sparling and Chair Zeigler in favor, motion carried with Commissioner cross absent.

4. Discuss Possible Additional Scope of Work Related to Community Engagement and AntiDisplacement Strategies and Receive Direction from City Council a. Community Engagement Options
b. Affordable Housing Need and Anti-Displacement Strategies Mayor Bryant opened public comment
Kirsten Rigsby, Executive Director Village Resource Center, thanked the Council for pausing progression on the item and stated the residents would like to voice their concerns and that pausing and providing translation services would assist those resident in participating in the process.

Marisol Valles, resident, spoke regarding the importance of translation services and thanked the City Council and Planning Commission members for ensuring the process was inclusive.

Marival Mendoza, Hijas del Campo, thanked the City Council and Planning Commission for pausing the process, and stated the Census information could be used to see if there was a need for other languages.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Rarey/Mendoza to continue this meeting to a date to be determined in the future, and for staff to bring back to a regular meeting the cost of translating both written C.6
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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning Minutes of the Joint City Council/Planning Commission Workshop March 23, 2022

materials between this consultant and any other translation services the City may contract for.

Information on the cost of translating both spoken testimony and written materials as between this consultant and any other translation services the city may contract for.

Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. Motion carried unanimous.

Planning Commissioners: Roll call found Planning Commissions Dolter, Roberts, Sparling and Chair Zeigler in favor, motion carried with Commissioner cross absent.

2. CONTINUED: Draft Downtown Specific Plan: Discuss Draft Development Scenarios and Receive Direction from City Council

3. CONTINUED: Draft Brentwood Boulevard Specific Plan: Discuss Draft Development Scenarios and Receive Direction from City Council

4. AGENDA ITEM MOVED UP ON AND HEARD FIRST: Discuss Possible Additional Scope of Work Related to Community Engagement and Anti-Displacement Strategies and Receive Direction from City Council
a. Community Engagement Options
b. Affordable Housing Need and Anti-Displacement Strategies

5. Adjournment
City Council: It was moved/seconded by Rarey/Mendoza to adjourn. Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

Motion carried unanimous.

Planning Commission: Planning Commissioners: Roll call found Planning Commissions Dolter, Roberts, Sparling and Chair Zeigler in favor, motion carried with Commissioner cross absent.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning APRIL 14, 2022

CITY COUNCIL/PLANNING COMMISSION WORKSHOP MINUTES
Special joint meeting for a workshop of the
City Council and the Planning Commission
6:00 p.m. on Thursday, April 14, 2022

WORKSHOP

1. Call to Order/Roll Call: A Workshop of the City Council and Planning Commission Mayor Bryant called the workshop to order at 6:05 p.m. Roll Call found Council Members Mendoza, Meyer, and Rarey, and Mayor Bryant present and Vice Mayor Rodriguez Roll call of the Planning Commission found Commissioners Cross, Dolter, Roberts, and Sparling present, and Commissioner Chair Zeigler absent.

2. Introduction of the 2023-2031 Housing Element Update and 6th Cycle Regional Housing Needs Allocation, and community engagement opportunities. (Alexis Morris/Jennifer Hagen) Following the presentation from staff, Mayor Bryant opened public comment Danny Dohrmann, resident, spoke regarding the process and the felt the method used to assign the RHNA numbers by the state was arbitrary.

Carolina Villaseca, resident, spoke regarding the need for residents of the State to contact their State representatives in an effort to change the way the numbers are assigned, and spoke regarding the constitutional amendment proposed by Our Neighborhood Voices.

There being no one else wishing to speak, the public comment period was closed.

Commissioner Cross left the meeting at 6:42 p.m.

3. Adjournment
Planning Commission: It was moved/seconded by Roberts/Dolter to adjourn the Planning Commission at 7:11 p.m. Roll call found Planning Commissions Dolter, Roberts, and Sparling in favor. Motion carried with Commissioner Cross and Chair Zeigler absent.

City Council: It was moved/seconded by Rarey/Mendoza to adjourn the City Council at 7:12 p.m. Roll Call found Council Members Mendoza, Meyer, and Rarey, and Mayor Bryant in favor.

Motion carried with Vice Mayor Rodriguez absent.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning FEBRUARY 8, 2022

CITY COUNCIL/SUCCESSOR AGENCY/

BRENTWOOD INFRASTRUCTURE FINANCING AUTHORITY MINUTES
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for FEBRUARY 8, 2022, at 5:30 p.m. or as soon thereafter as possible.

1. Call to Order/Roll Call: Mayor Bryant called the special meeting to order at 5:30 p.m.

Attendee Name Title Status
Jovita Mendoza Council Member Present
Susannah Meyer Council Member Present
Karen Rarey Council Member Present
Johnny Rodriguez Vice Mayor Present
Joel R. Bryant Mayor Present

2. Public Comments:

Rod Flohr, resident, spoke in support of Lars Sandberg, and felt that Annette Beckstrand was not qualified.

Sinziana Todor, resident, felt that Annette Beckstrand and JoAnne Klement were not qualified and spoke in support of Lars Sandberg and Stephanie Whiting.

Danny Dorhmann, resident, encouraged the City Council to carefully consider the candidates.

3. Interviews and consideration of recommendation by Mayor Bryant for appointment of board members to the Public Financing Authority for the Brentwood Innovation Center and Brentwood Boulevard - Downtown Enhanced Infrastructure Financing Districts (Tim Ogden/Joshua Ewen/Margaret Wimberly)
It was moved/seconded by Bryant/Rarey to appoint Lars Sandberg to the Public Financing Authority for the Brentwood Innovation Center and Brentwood Boulevard - Downtown Enhanced Infrastructure Financing Districts. Roll call found motion carried unanimous with Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

4. Adjournment
It was moved/seconded by Meyer/Rarey to adjourn the special meeting. Roll call found motion carried unanimous with Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning FEBRUARY 8, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA MINUTES
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7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY/BIFA MEETING

CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 p.m.

Attendee Name Title Status
Jovita Mendoza Council Member Present
Susannah Meyer Council Member Present
Karen Rarey Council Member Present
Johnny Rodriguez Vice Mayor Present
Joel R. Bryant Mayor Present

PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

PUBLIC COMMENTS
Danny Dorhmann, resident, spoke regarding a fence design at the Kindred at Balfour subdivision, and spoke regarding his conversation with staff and thanked staff for their work on researching background related to the project.

Sinziana Todor, resident, felt decision makers from the County level should be invited to the Townhall on homelessness, requested information on citations issued for homeless encampments, and spoke regarding personnel issues.

Jeremy, resident, spoke on the homeless issue and felt like there needed to be more enforcement.

Rod Flohr, resident, spoke regarding staffing issues and expressed concern with hiring practices.

A. PRESENTATIONS
A.1. A Proclamation proclaiming February as Cancer Prevention Month – Mayor Bryant read the proclamation.

A.2. A Proclamation proclaiming February as American Heart Month– Mayor Bryant read the proclamation.

B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF
Council Member Mendoza reported on meeting with the organizers of a food truck event, the League of California Cities Latino Caucus, the California Electeds meeting, a County meeting on homelessness, and a meeting with the Director of the Downtown Brentwood Coalition.

Council Member Meyer reported on Cal Cities East Bay Division meeting, Cal Cities new Mayors and Council Members coffee chat, Choice in Aging non-profit fund raiser, and her role as a panelist for Contra Costa Elections Department’s informational for those interested in running for office.

Council Member Rarey reported on Cal Cities East Bay Division meeting, Cal Cities Public Safety Policy Committee, a meeting with staff, a meeting with a Native Sons of the Golden West, a C.6
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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning FEBRUARY 8, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA MINUTES
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meeting with a historical preservation foundation regarding a grant for the John Marsh Historic Trust, the Contra Costa Mayors’ Conference, spoke regarding the PAL BBQ King Cook-off on Super Bowl Sunday, and also reported on work on the John Marsh Historic Trust website.

Vice Mayor Rodriguez had nothing to report.

Mayor Bryant reported on his attendance at the Contra Costa Mayors’ Conference, the Planning Commissioners Oath of Office, the Don Huntington Memorial Service, Airport Land Use meeting, meetings with businesses in town, and a meeting with the new Assistant City Manager.

C. CONSENT CALENDAR
It was moved/seconded by Mendoza/Meyer to adopt Consent Calendar Items C.1 – C.3 and C.6 – C.8 as recommended by staff. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1. Adopted Resolution 2022-14 Pertaining to the Confirmation of Emergency Orders of the Director of Emergency Services. (Tim Ogden/Damien Brower) C.2. Adopted Resolution 2022-15 accepting the work performed by VSS International, Inc. for the Pavement Management Program 2021 (Slurry Seal), CIP Project No. 336-31697; and requesting the City Clerk to file a Notice of Completion with the County Recorder. (Miki Tsubota/Renee Payette/Aman Grewal)
C.3. Adopted Resolution 2022-16 adopting an updated Conflict of Interest Code applicable to certain designated officials and employees, pursuant to section 87300 of the Government Code, to reflect the addition of the Accounting Supervisor, Assistant City Clerk, and Economic Development Manager to the list of designated officials; and repealing Resolution 2021-98. (Tim Ogden/Margaret Wimberly)
C.4. PULLED FOR FURTHER DISCUSSION - A Resolution accepting the in-tract public improvements for Lark Hill, Vineyards at Marsh Creek Phase 5A, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Shea Homes Limited Partnership, Subdivision No. 8909, east of Vineyards Parkway and north of Marsh Creek Road. (Miki Tsubota/Heather Silfies)
C.5. PULLED FOR FURTHER DISCUSSION - A Resolution accepting the in-tract public improvements for Vista Dorado, Vineyards at Marsh Creek Phase 5B, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Shea Homes Limited Partnership, Subdivision Nos. 8910 and 9186, west of Vineyards Parkway and north of Marsh Creek Road. (Miki Tsubota/Heather Silfies)
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C.6. Adopted Resolution 2022-17 approving and authorizing the City Manager or designee to execute a maintenance services contract and necessary documents for the repainting of four bridge/small creek overcrossings located in the Deer Ridge Subdivision with Redwood Painting Co., Inc. for a total amount not to exceed $80,000. (Miki Tsubota/Casey Wichert/Chris Ziemann)
C.7. Appointed Sandeep Chahal to Contra Costa Transportation Authority’s Citizens Advisory Committee for a four-year term through February 8, 2026. (Tim Ogden/Margaret Wimberly)
C.8. Resolutions approving the continued use of teleconferencing for meetings of (1) 2022-18 the City Council and all subsidiary City legislative bodies, (2)2022-04-SA the Successor Agency to the Brentwood Redevelopment Agency, and (3) BiFA-37 the Brentwood Infrastructure Financing Authority, from February 8, 2022 through March 10, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
Items removed from the Consent Calendar
C.4. A Resolution accepting the in-tract public improvements for Lark Hill, Vineyards at Marsh Creek Phase 5A, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Shea Homes Limited Partnership, Subdivision No. 8909, east of Vineyards Parkway and north of Marsh Creek Road. (Miki Tsubota/Heather Silfies)
It was moved/seconded by Rarey/Mendoza to adopt Resolution 2022-19 accepting the in-tract public improvements for Lark Hill, Vineyards at Marsh Creek Phase 5A, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Shea Homes Limited Partnership, Subdivision No. 8909, east of Vineyards Parkway and north of Marsh Creek Road. . Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.5. A Resolution accepting the in-tract public improvements for Vista Dorado, Vineyards at Marsh Creek Phase 5B, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Shea Homes Limited Partnership, Subdivision Nos. 8910 and 9186, west of Vineyards Parkway and north of Marsh Creek Road. (Miki Tsubota/Heather Silfies)
It was moved/seconded by Rarey/Meyer to adopt Resolution 2022-20 accepting the intract public improvements for Vista Dorado, Vineyards at Marsh Creek Phase 5B, excluding landscaping; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of Shea Homes C.6
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Limited Partnership, Subdivision Nos. 8910 and 9186, west of Vineyards Parkway and north of Marsh Creek Road. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D. BUSINESS ITEMS
D.1. A Resolution approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $10,426, amending the FY 2021/22 Operating Budget by increasing the Public Art Acquisition Fund by $10,426 and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney. (Bruce Mulder/Kris Farro) Mayor Bryant opened the public comment period.

Rod Flohr, resident, spoke regarding the presentation from PADA and felt it would be a great piece of public art.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Rarey/Rodriguez to adopt Resolution 2022-21 approving a Memorandum of Understanding between the City of Brentwood and Liberty Union High School District regarding the Public Art and Design Academy mural at the cost of $10,426, amending the FY 2021/22 Operating Budget by increasing the Public Art Acquisition Fund by $10,426 and authorizing the Director of Parks and Recreation to execute the Memorandum of Understanding and make minor technical revisions to it in consultation with the City Attorney. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Johnny Rodriguez, Vice Mayor
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D.2 Request for Council discussion and direction regarding the Brentwood Neighborhood Committee’s duties, goals, and guidelines. (Bruce Mulder/Kris Farro) Mayor Bryant opened the public comment period.

Rod Flohr, resident, felt the BNC should be made up of members of different neighborhoods so there is leadership at the neighborhood level.

There being no one else wishing to speak, the public comment period was closed.

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It was moved/seconded by Rarey/Mendoza to direct staff to review duties, goals and guidelines with the current members of BNC and to be bring back to Council for adoption.

Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. REQUEST FOR FUTURE AGENDA ITEMS
E.1. NEW REQUEST(S)
Council Member Rarey requested an item to review the agreement with Shea Vineyards at Marsh Creek and the deadlines associated with that.

ADJOURNMENT
It was moved/seconded by Meyer/Rarey to adjourn. Roll call found motion carried unanimous with Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning FEBRUARY 22, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA MINUTES
FEBRUARY 22, 2022, SPECIAL MEETING MINUTES

1. Call to Order/Roll Call: Mayor Bryant called the special meeting to order at 5:30 p.m. and Roll Call found Council Members Mendoza, Meyer, and Rarey, Vice Mayor Rodriguez, and Mayor Bryant present.

2. Public Comments: None.

3. Interviews and consideration of recommendations by Mayor Bryant for appointment of commissioners to the Arts Commission. (Tim Ogden/Margaret Wimberly) Council interviewed the applicants.

The Council voted on the Mayor’s recommendations of the appointments of Arthur Hermann and Rosalina Gresjsen to three year terms and Diana Govnik to a term expiring on 12/31/22, the recommendation carried unanimous a roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

4. Adjournment - It was moved/seconded by Meyer/Rarey to adjourn. Motion carried unanimous a roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY/BRENTWOOD INFRASTRUCTURE

FINANCING AUTHORITY (BIFA) MEETING

CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:15 p.m.

Attendee Name Title Status
Jovita Mendoza Council Member Present
Susannah Meyer Council Member Present
Karen Rarey Council Member Present
Johnny Rodriguez Vice Mayor Present
Joel R. Bryant Mayor Present

PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

PUBLIC COMMENTS
Sinziana Todor, resident, spoke regarding homeless data, and stated she had not received a response from staff related to previous public comments on this issue. She felt incidents with the homeless were increasing and will create dangerous situations for residents.

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Carolina Villaseca, resident, requested C.2 and C.3 be pulled from the Consent Calendar for further discussion.

Rod Flohr, resident, complimented the Redistricting Commission on their work throughout the redistricting process, and spoke regarding the Arts Commission interviews, and commended those who came forward to interview. He felt it would be and felt it would be nice to find a way to include those who commute.

Lillian Pierce, Brentwood Community Chest, thanked staff and council for their continued support of the Community Chest
Danny Dohrmann, resident, spoke regarding affordable housing and stated his opposition to the proposed Blue Bird Village project.

Vincent Baldwin, resident, stated his support for additional sports fields.

A. PRESENTATIONS
A.1. Proclamation: March 2022 as Women’s History Month – Mayor Bryant read the proclamation.

B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS AND STAFF
Council Mendoza reported on attendance at Cal Cities Mayors and Council Members Roundtable, the Contra Costa LAFCO meeting regarding fire service, Housing Conversation with Senator Nancy Skinner and Assembly Member Buffy Wicks, Sierra Club Tri Valley Chapter meeting, a housing conversation with Assembly Woman Buffy Wicks, the Civic Affairs Forum State of the State, the Farmers market, a meeting with Professor Mark Wolf Stanford University Urban Studies, the Latino Caucus meeting, the Redistricting Commission meeting.

Council Member Meyer reported on attendance at the Cal Cities Mayors and Council Members Roundtable, the Contra Costa LAFCO meeting regarding fire service, a meeting with a resident, the Redistricting Commission meeting, a presentation to Summerset I Board of Directors, a presentation to the Cortona Senior Living, Lions Club student speaker series, a meeting with Supervisor Burgis, a planning meeting with Cal Cities in her leadership role, and presentation by the Assembly candidate, and a follow-up meeting with the response group for the victims of the Broderick Apartments fire.

Council Member Rarey reported on attendance at the Contra Costa LAFCO meeting regarding fire service, a meeting with the President of the East Contra Costa Fire Protection District, the Cal Cities Public Safety Policy Committee meeting, the Lions Club Speaker Contest, the Blue Bird Village Community Outreach meeting, and the John Marsh Historic Trust board meeting.

Vice Mayor Rodriguez reported on attendance at meetings with staff, and residents.

Mayor Bryant reported on attendance at the Airport Land Use Commission meeting, a meeting with the newly hired police officers, community events, and meetings with residents and business owners.

Captain Herbert reported on the staffing at the Police Department, on the scheduled Homelessness Townhall that will take place in mid-March via Zoom.

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City Manager Ogden reported on the March 3, 2022, special City Council meeting related to redistricting, and a meeting on February 23, 2022, related Brentwood Boulevard and Downtown specific plans.

C. CONSENT CALENDAR
Council Member Mendoza requested items C.2 and C.3 be removed from the Consent Calendar for further discussion and Council Member Rarey requested items C.5 be removed from the Consent Calendar for further discussion.

It was moved/seconded by Rarey/Mendoza to adopt Consent Calendar Items C.1, C.4. and C.6 as recommended by staff. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1. Minutes of the City Council/Successor Agency meeting of October 26, 2021, and the minutes of the City Council/Successor Agency/Brentwood Infrastructure and Financing Authority meetings of November 9, 2021, and November 16, 2021. (Margaret Wimberly) C.2 REMOVED FOR DISCUSSION A Resolution of the City of Brentwood adopting a notification of intent to comply with the SB 1383 organic waste reduction regulations. (Miki Tsubota/Casey Wichert/Jon Carlson)
C.3. REMOVED FOR DISCUSSION An Ordinance of the City Council of the City of Brentwood amending Chapter 8.16 of the Brentwood Municipal Code Relating to Solid Waste Service. (Miki Tsubota/Casey Wichert/Jon Carlson) C.4. Adopted Resolution 2022-22 accepting the public improvements for Sellers Pointe Phase 1 and 2, excluding landscaping and park improvements; accepting the Maintenance Bond; releasing the Improvement Securities and requesting that the City Clerk file this Resolution with the Recorder of Contra Costa County for these improvements, constructed as a part of WGV Nuvera Homes Brentwood, LLC, Subdivision No. 9411 and 9436, located east of Guthrie Lane and west of Sellers Avenue. (Miki Tsubota/Heather Silfies)
C.5. REMOVED FOR DISCUSSION A Resolution approving the contract documents and authorizing the City Manager or designee to execute an agreement and necessary documents for the Water Supply Options Study with CDM Smith Inc. in the amount of $324,231, plus a 10% contingency of $32,423, for a total not to exceed amount of $356,654. (Miki Tsubota/Casey Wichert/James Wolfe)
C.6 Approved a Proclamation proclaiming February 17, 2022, as California State PTA Day. (Tim Ogden/Margaret Wimberly)
Items removed for discussion
C.2 A Resolution of the City of Brentwood adopting a notification of intent to comply with the SB 1383 organic waste reduction regulations. (Miki Tsubota/Casey Wichert/Jon Carlson) C.6
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C.3. An Ordinance of the City Council of the City of Brentwood amending Chapter 8.16 of the Brentwood Municipal Code Relating to Solid Waste Service. (Miki Tsubota/Casey Wichert/Jon Carlson)
It was moved/seconded by Mendoza/Meyer to approving items C.2 and C.3 adopting Resolution 2022-23 of the City of Brentwood adopting a notification of intent to comply with the SB 1383 organic waste reduction regulations, and to introducing and waiving first reading of Ordinance 1034 amending Chapter 8.16 of the Brentwood Municipal Code Relating to Solid Waste Service. The City Clerk read the title of the proposed Ordinance.

Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor
RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.5. A Resolution approving the contract documents and authorizing the City Manager or designee to execute an agreement and necessary documents for the Water Supply Options Study with CDM Smith Inc. in the amount of $324,231, plus a 10% contingency of $32,423, for a total not to exceed amount of $356,654. (Miki Tsubota/Casey Wichert/James Wolfe)
It was moved/seconded by Rarey/Meyer to adopt Resolution 2022-24 Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor
RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D. BUSINESS ITEMS
D.1. Consideration of a Resolution to 1) receive, and provide direction on, the people, time and financial analysis of the draft Strategic Plan FY 2022/23 – FY 2023/24; 2) receive, and provide direction on, and adopt the draft Strategic Plan FY 2022/23 – FY 2023/24; 3) direct staff to incorporate Strategic Plan FY 2022/23 – FY 2023/24 costs into the Operating and CIP Budgets, as well as in the City’s ten-year General Fund Fiscal Model; 4) approve the addition of six new full-time positions; and 5) direct staff to incorporate the costs associated with the new positions into the FY 2022/23 - FY 2023/24 Operating Budgets, and authorize the commencement of recruitment for the new positions in FY 2021/22, to allow for filling of the positions no earlier than July 1, 2022. (Tim Ogden/Diane Williams/Kerry Breen)
Mayor Bryant opened the public comment period.

Rod Flohr, resident, spoke regarding the need for a soundwall on Highway 4 adjacent to residential properties, and felt the project should move ahead.

Carolina Villaseca, resident, felt the Strategic Plan looked disorganized and it felt that staff was unprepared, and additionally felt the spreadsheet should be laid out in a way C.6
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that was similar to December 1, 2021. She also requested an update on the Measure X funding.

Sinziana Todor, resident, felt the presentation for the item was disorganized, and asked if the parking garage issue was safety or security issue and requested clarification on the funding, she felt the decision was about the best return for the residents of the City, and felt the sports fields should be a priority.

Sukumar Dash, resident, spoke in support of a sound wall on Highway 4, and spoke further regarding the impacts the sound from Highway 4 has created for his family.

Danny Dohrmann, resident, spoke regarding the Strategic Plan and the recycling plan, and felt the funding could be used for other priorities.

Marisol Valles, resident, spoke in support of the Sand Creek sports complex, and felt it would benefit the community, and requested the Council should consider funding the project in its entirety.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Rarey/Mendoza motion to adopt Resolution 2022- as detailed in the staff report adopt Resolution 2022-25 with the following amendments; the revised funding plan as shown by the Finance Director, to revise the strategic plan as follows: a) changes to section 1.1.d related to sound mitigation measures and exploration of sound wall improvements with early implementation, b) remove Section 3.2.b Boost Better in Brentwood, c) revise sports complex section 5.2.a to reflect the addition of Phase 2, and start an RFP process in advance of the initiative, d) move section 5.2.b senior center expansion to a future date, e) the proposed staffing plan and related budget and implementation actions. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
Council took a five minute recess.

D.2. Review and discussion of the actions contained within the General Plan Conservation and Open Space Element, including prioritization, implementation status, and cost. (Alexis Morris/Erik Nolthenius)
Mayor Bryant opened the public comment period.

Rod Flohr, resident, felt there had already been a request made for the consideration of a ballot measure related to land preservation, and felt the issue was dropped by staff.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Meyer/Rarey to direct to staff that the consideration actions contained within the General Plan Conservation and Open Space Element brought back C.6
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for a Council workshop. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Susannah Meyer, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D.3. A Resolution Declaring the Brentwood Education and Technology Center, 101 Sand Creek Road, as Exempt Surplus Property and Authorizing the City Manager, or designee, to Provide Notification to Required Parties under State Law and Offer the Property for Sale (Tim Ogden/Joshua Ewen)
Mayor Bryant opened the public comment period, there being no one wishing to speak, the public comment period was closed.

It was moved/seconded by Rarey/Mendoza to adopt Resolution 2022-26 Declaring the Brentwood Education and Technology Center, 101 Sand Creek Road, as Exempt Surplus Property and Authorizing the City Manager, or designee, to Provide Notification to Required Parties under State Law and Offer the Property for Sale. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. REQUEST FOR FUTURE AGENDA ITEMS
E.1. NEW REQUEST(S)
Council Member Mendoza requested the Housing Element workshop be rescheduled, if possible, and that it be held in person if possible and an item related to council member interactions with prospective buyers of City-owned properties.

Mayor Bryant requested an item related to the celebration of the of 75th Anniversary of the City.

ADJOURNMENT
It was moved/seconded by Rarey/Meyer to adjourn. Roll call found motion carried unanimous with Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning MARCH 8, 2022

CITY COUNCIL/SUCCESSOR AGENCY/BIFA MINUTES
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for March 8, 2022 at 6:30 p.m. or as soon thereafter as possible.

CALL TO ORDER & ROLL CALL

PUBLIC COMMENTS
None.

RECESS TO CLOSED SESSION
It was moved/seconded by Rarey/Mendoza to recess to closed session. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

A. CONFERENCE WITH LABOR NEGOTIATORS
[Gov’t. Code § 54957.6]
City Designated Representatives:

Tim Ogden, City Manager
Sukari Beshears, Director of Human Resources/Risk Manager Kerry Breen, City Treasurer/Director of Finance and Information Systems Employee Organizations:

Brentwood Employees’ Association/Public Works Division

ADJOURN CITY COUNCIL
It was moved/seconded by Rarey/Meyer to adjourn the special meeting. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.
7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY/BRENTWOOD INFRASTRUCTURE

FINANCING AUTHORITY (BIFA) MEETING

CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 p.m.

Attendee Name Title Status
Jovita Mendoza Council Member Present
Susannah Meyer Council Member Present
Karen Rarey Council Member Present
Johnny Rodriguez Vice Mayor Present
Joel R. Bryant Mayor Present
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PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

REPORT ON CLOSED SESSION
There was no reportable action.

PUBLIC COMMENTS
Sinziana Todor, resident, requested financial accountability related to the Labor Market survey, and felt additional surveys were not needed, as the data has already been collected; and spoke regarding agenda Item F.2.2 and on comments made by Vice Mayor Rodriguez.

Danny Dorhmann, resident, felt additional review was needed by staff before funding was provided for surveys; and spoke regarding comments made by Vice Mayor Rodriguez and requested additional information.

A. PRESENTATIONS
A.1. Proclamation proclaiming March 2022 as American Red Cross Month. – Mayor Bryant read the proclamation and presented it to Miki Tsubota on behalf of Red Cross.

A.2. Proclamation proclaiming March 2022 as Prescription Drug Awareness Month. – Mayor Bryant read the proclamation and presented it to Sara Goldstein, who spoke on behalf of the Contra Costa Meds.

A.3. Proclamation proclaiming March 6 – March 12, 2022, as Women in Construction Week. – Mayor Bryan read the proclamation.

B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES,

LIAISONS AND STAFF
Council Member Mendoza reported on attendance at the special City Council/Planning Commission meeting of March 23, 2022 regarding the Brentwood Boulevard and Downtown Specific Plan, the County Planning Commission meeting, the California Electeds Meeting, reported on a rally by the Youth Environment group’s rally on March 12th, a meeting with Livable California, the special City Council redistricting meeting, a meeting with a MLS organization regarding the sports complex, and stated she was approached by a developer, but invited that developer to speak under public comment in lieu of a meeting.

Council Member Meyer reported on attendance at the special City Council/Planning Commission meeting of March 23, 2022 regarding the Brentwood Boulevard and Downtown Specific Plan, a ride along for the point in time count for the homeless, a planning meeting for the Liberty High School playmakers, anti-racism, ally ship, teach in and attended the event, the California Alliance of Local Electeds, the special City Council redistricting meeting, and the Livable Cities meeting and the Ag Enterprise Committee meeting.

Council Member Rarey reported on attendance at the special City Council/Planning Commission meeting of March 23, 2022 regarding the Brentwood Boulevard and Downtown Specific Plan, a meeting with an employment facilitator, a meeting with Chief Hansen, a meeting with Rod Flohr regarding the Open Space Initiative, the anti-racism, ally ship, teach in event, the Capital Weekly California Crime meeting, the special City Council redistricting meeting, the Pal Board meeting C.6
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where they announced a golf tournament benefitting PAL, John Marsh Historic Trust allocation funding, meeting, an announced she has been working with the H.O.P.E. House.

Vice Mayor Rodriguez reported on attendance at the special City Council/Planning Commission meeting of March 23, 2022 regarding the Brentwood Boulevard and Downtown Specific Plan, the special City Council redistricting meeting, and the Ag Enterprise committee meeting.

Mayor Bryant reported on attendance at the Airport Land Use Commission meeting, the East Contra Costa Habitat Conservancy Board meeting, the Tri Delta Transit Board meeting, the special City Council/Planning Commission meeting of March 23, 2022 regarding the Brentwood Boulevard and Downtown Specific Plan, the special City Council redistricting meeting, the grand reopening of the local Safeway stores, a meeting with a local non-profit, and meetings with local residents.

C. CONSENT CALENDAR
It was moved/seconded by Rarey/Mendoza to adopt Consent Calendar Items C.1 – C.4 as recommended by staff. The City Clerk read the title of the proposed ordinance. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1. Waived Second reading and adopted Ordinance 1034 of the City Council of the City of Brentwood amending 8.16 of the Brentwood Municipal Code Relating to Solid Waste Services. (Miki Tsubota/Casey Wichert/Jon Carlson)
C.2. Adopted Resolution 2022-28 accepting park and landscaping improvements on Parcel ‘B’ (Towhee Park) of the Chandler development (Subdivision 9428) for maintenance by the City and requesting the City Clerk to file this Resolution with the Recorder of Contra Costa County.. (Bruce Mulder/Joe Odrzywolski)
C.3. Adopted Resolution 2022-29 accepting landscaping improvements within the City of Brentwood right-of-way on the east side of Empire Avenue along the frontage of the Chandler development (Subdivision 9428) for maintenance by the City and requesting the City Clerk to file this Resolution with the Recorder of Contra Costa County. (Bruce Mulder/Joe Odrzywolski)
C.4. Adopted Resolutions approving the continued use of teleconferencing for meetings of (1) 2022-30 the City Council and all subsidiary City legislative bodies, (2) 2022-05-SA the Successor Agency to the Brentwood Redevelopment Agency, and (3) BIFA-38 the Brentwood Infrastructure Financing Authority, from March 8, 2022 through April 7, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
D. PUBLIC HEARINGS
D.1. Consideration of a Resolution Amending the FY 2021/22 Cost Allocation Plan and Schedule of City Fees to Update Mitigation Fees Implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), C.6
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and Repealing and Replacing Resolution No. 2007-234, Which Adopted the HCP/NCCP Fees as Established in 2007. (Alexis Morris/Erik Nolthenius) Mayor Bryant opened the public comment period, there being no one wishing to speak it was closed.

It was moved/seconded by Mendoza/Meyer to continue consideration of a Resolution Amending the FY 2021/22 Cost Allocation Plan and Schedule of City Fees to Update Mitigation Fees Implementing the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), and Repealing and Replacing Resolution No. 2007-234, Which Adopted the HCP/NCCP Fees as Established in 2007, to the City Council meeting of April 26, 2022. . Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. BUSINESS ITEMS
E.1. Discussion of Community Development project workload priorities and schedule, with possible direction to staff. (Tim Ogden/Darin Gale/Alexis Morris) Mayor Bryant opened the public comment period.

Carolina Villaseca, resident, expressed disappointment on the cancellation of the Brentwood Boulevard Downtown specific plan meeting and stated she knows a professional translator.

Rod Flohr, resident, spoke about work he has completed on an initiative and he would be willing to share that with staff.

Danny Dorhmann, resident, felt additional research was needed by staff.

There being no one else wishing to speak the public comment period was closed.

It was moved/seconded by Mendoza/Meyer to direct staff to authorize the department's workload schedule according to the dates in the staff report, except for Brentwood Boulevard and Downtown Specific Plan until a discussion can be held by Council. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
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F. REQUEST FOR FUTURE AGENDA ITEMS
F.1. NEW REQUEST(S)
Council Member Rarey requested an item related to translation and engagement services.

F.2. REQUESTED ITEMS
F.2.1. Future agenda item request from Mayor Bryant for City Council Discussion of, and possible direction to staff, related to a celebration of the 75th Anniversary of the City's Incorporation which will occur on January 21, 2023. (Tim Ogden/Margaret Wimberly) Mayor Bryant opened the public comment period, there being no one wishing to speak it was closed.

It was moved/seconded by Bryant/Meyer to authorize staff to spend time and resources on the planning and implementation of a celebration related to the 75th Anniversary of the City’s incorporation. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Joel Bryant, Mayor
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
F.2.2. Future agenda item request from Council Member Mendoza for City Council discussion of, and possible direction to staff, related to council member interactions with prospective buyers of City-owned properties. (Tim Ogden/Margaret Wimberly) Mayor Bryant opened the public comment period.

Rod Flohr, resident, felt the comments by the Vice Mayor needed additional clarification.

Danny Dorhmann, resident, felt the conversation led the way to a deal outside of the City process.

There being no one else wishing to speak the public comment period was closed.

There was no action taken on this item.

F.2.3. Future agenda item request from Council Member Mendoza and Council Member Meyer for City Council discussion of, and possible direction to staff regarding the placement of a City initiative related to the preservation of open space on the ballot for the General Municipal Election scheduled for November 8, 2022. (Tim Ogden/Margaret Wimberly)
Mayor Bryant opened the public comment period.

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Rod Flohr, resident, stated he had a sample initiative which would protect open space from development and stated his willingness to meeting with staff and assist.

Danny Dorhmann, resident, felt the City needed to look at what other cities are doing to protect their open space.

There being no one else wishing to speak the public comment period was closed.

It was moved/seconded by Meyer/Mendoza that staff time and resources be spent to bring forward to the Council for the consideration a voter initiative/ballot measure that is modeled on Martinez, as well as work with local residents and learn from them what they've prepared, look at what they prepared, and see how that could be modeled for something that the City might use to be placed on the ballot this year.

Motion carried unanimous. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Susannah Meyer, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant

ADJOURNMENT
It was moved/seconded by Rarey/Mendoza to adjourn. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY/BRENTWOOD INFRASTRUCTURE

FINANCING AUTHORITY (BIFA) MEETING

CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:00 pm.

Attendee Name Title Status
Jovita Mendoza Council Member Remote
Susannah Meyer Council Member Remote
Karen Rarey Council Member Remote
Johnny Rodriguez Vice Mayor Remote
Joel R. Bryant Mayor Remote

PLEDGE OF ALLEGIANCE
Mayor Bryant led the pledge of allegiance.

PUBLIC COMMENTS
Danny Dorhmann, resident, expressed concern with items being placed on the Consent Calendar related to the Planning Commission’s consideration of a car wash.

Charlotte Lane, Annie Wright, and Lisa Fulton spoke regarding Contra Costa Animal services and felt the proposed agreement between cities and Contra Costa Animal Services needed to be reviewed and they outlined their concerns with the proposed agreement.

Sinziana Todor, resident, spoke regarding the Rainflow Car Wash project and the consideration of the project by the Planning Commission, and addressed an article in which the Vice Mayor appeared.

A. PRESENTATIONS
A.1. Presentation on the Police Department’s Annual Report (Thomas Hansen) – Police Chief Thomas Hansen presented a PowerPoint to the City Council regarding the Police Department.

B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF
Council Member Mendoza reported on attendance at Cal Cities Mayors and Council Persons roundtable on water and homelessness, the Contra Costa LAFCO meeting on the East Contra Costa Fire Protection District and Contra Costa Fire consolidation, the Oil and Gas rally, the Homeless Townhall, the Land Use and Development meeting, a meeting with staff and an interested party related to the soccer complex, and attended two Livable California meetings.

Council Member Meyer reported on attendance at Cal Cities Mayors and Council Persons roundtable, a meeting with Chief Hansen and Captain Silva and a follow-up meeting with the Reach Executive Director regarding youth services, the Shadow Lakes Neighborhood Clean Up, the Oil and Gas Rally, California Alliance of Local Electeds, Cal Cities Women’s Caucus meeting, C.6
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reported on a request to do a presentation at the Impact 100 event, the Virtual Townhall on homelessness.

Council Member Rarey reported on attendance at the Cal Cities Mayor and Council Persons roundtable, the the Contra Costa LAFCO meeting on the East Contra Costa Fire Protection District and Contra Costa Fire consolidation, a meeting with Captain Silva and a resident regarding Dolphin Park strategies, spoke with a representative from Senator Glazers office regarding an interpretive center at the John Marsh house, a meeting with Shadow Lakes HOA member regarding the entrance fountain repairs, the California Alliance of Electeds, a meeting with Chief Hansen, the Virtual Townhall on Homelessness, a John Marsh Historic Trust meeting, the Holy Festival of Colors, spoke with someone requesting annual recognition of World Down Syndrome Day, and attended the Land Use and Development committee meeting.

Vice Mayor Rodriguez reported on attendance at the virtual Townhall on Homelessness.

Mayor Bryant reported on attendance at Molkolume Overpass groundbreaking for the pedestrian and bicycle trail, attended the Holy Festival of Colors, the swearing in of the news Arts Commissioners, the Airport Land Use Commission meeting, the Transplan meeting, the BART meeting, the State Route 4 meeting, the ECCCRFA meeting, and a meeting with a resident of Deer Ridge.

City Manager Ogden reported on the Capital Improvement Workshop to be held at 5:00 p.m. on April 12, 2022, and the Budget Workshop to be held on May 10, 2022, at 5:00 p.m., and invited the public to attend.

C. CONSENT CALENDAR
Council Member Meyer requested agenda Item C.4 be removed from the Consent Calendar for further discussion.

It was moved/seconded by Rarey/Rodriguez to adopt the Consent Calendar C.1 – C.3 and C.5 as recommended by staff. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Johnny Rodriguez, Vice Mayor
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1 Adopted Resolution 2022-31 Approving and Authorizing the City Manager to execute a Side Letter between the City of Brentwood and the Brentwood Employees’ Association Public Works Division (Sukari Beshears)
C.2. Accepted the recommendation from the Arts Commission and adopted Resolution 2022- 32 authorizing the Director of Parks and Recreation to execute six Agreements for Artist Services and one General Services Agreement for Utility Box Cleaning and Priming Services for a total of seven utility boxes throughout Brentwood, in an amount not to exceed $9,000 and amend the FY 2021/2022 Operating Budget by increasing expenditures in the Public Art Program Acquisition Fund by $9,000 (Bruce Mulder/Kris Farro)
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C.3. Adopted Resolution 2022-33 of initiation appointing Francisco & Associates, Inc., as the Engineer of Work for the Landscape and Lighting Assessment Districts, including the Landscape and Lighting Assessment District No. 19-3, Landscape and Lighting Assessment District No. 21-1, and the Citywide Park Maintenance District No. 98-1 for Fiscal Year 2022/23; ordering the Engineer of Work to prepare and file the Engineer’s Reports for the 2022/23 Fiscal Year; and making a finding that the actions are categorically exempt from the California Environmental Quality Act. (Bruce Mulder/Aaron Wanden)
C.4. PULLED FOR DISCUSSION: Resolutions approving the continued use of teleconferencing for meetings of (1) the City Council and all subsidiary City legislative bodies, (2) the Successor Agency to the Brentwood Redevelopment Agency, and (3) the Brentwood Infrastructure Financing Authority, from March 22, 2022 through April 21, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
C.5. Adopted Resolution 2022-34 approving and authorizing the City Manager or designee to execute a citywide agreement with Crime Scene Cleaners for a total not to exceed amount of $175,000 for bio-hazard cleanup and mitigation services through June 30, 2024 with an annual allocation of $38,000 for FY 2021/22, $68,500 for FY 2022/23, and $68,500 for FY 2023/24 (Kerry Breen/Wilton Alderman)
Item(s) removed from the Consent Calendar:

C.4 Resolutions approving the continued use of teleconferencing for meetings of (1) the City Council and all subsidiary City legislative bodies, (2) the Successor Agency to the Brentwood Redevelopment Agency, and (3) the Brentwood Infrastructure Financing Authority, from March 22, 2022 through April 21, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
It was moved/seconded by Meyer/Mendoza to adopt resolutions approving the continued use of teleconferencing for meetings of (1) 2022-35 the City Council and all subsidiary City legislative bodies, (2) 2022-06-SA the Successor Agency to the Brentwood Redevelopment Agency, and (3) BIFA-39 the Brentwood Infrastructure Financing Authority, from March 8, 2022 through April 7, 2022, per AB 361 (2021) . Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D. PUBLIC HEARINGS
D.1. A public hearing to consider an ordinance to amend provisions of Brentwood Municipal Code Chapter 2.10 to reflect revised electoral districts and council member representation. (Tim Ogden/Margaret Wimberly/Damien Brower) Mayor Bryant opened the public hearing.

Rod Flohr, resident, congratulated the City Council on the redistricting process, and also congratulated the Redistricting Commission.

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There being no one else wishing to speak, it was moved/seconded by Rarey/Mendoza to close the public hearing. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

It was moved/seconded by Mendoza/Meyer to introduce and waive the first reading of Ordinance 1035, amending the provisions of Brentwood Municipal Code Chapter 2.10 to reflect revised electoral districts and council member representation. The city clerk read the title of the proposed ordinance 1035. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. BUSINESS ITEMS
E.1. Provide direction on Dolphin Park Strategies and Operating Hours (Bruce Mulder/Aaron Wanden)
Mayor Bryant opened the public comment period.

Rod Flohr, resident, felt there needed to be action taken, and spoke regarding the behavior of one of the jump house vendors and that they should be banned.

Carolina Villaseca, resident, stated she understood the issues the neighbors are experiencing, and felt that if the hours at this park are cut, that may create problems at other parks.

Jeremy, homeowner near Dolphin Park, spoke regarding the issues at the park on weekends and the negative impacts that creates on the neighbors, and spoke in support of closing the water feature on weekends.

There being no one else wishing to speak the public comment period was closed.

It was moved/seconded by Rarey/Mendoza to direct staff, as detailed in the staff report, to: increase the frequency of trash pick-up, increase signage with simpler messaging, review the feasibility of strategically placed fencing, operate the water feature hours for weekdays from 11:00 a.m. to 7:00 p.m., and on weekends from 11:00 a.m. to 2:00 p.m. and 5:00 p.m. to 7:00 pm, create general education social media posts on bounce houses, large outdoor play structures, grills, barbeques, canopy tents, and alcohol use at parks, along with the process to get a permit for those different items, to be posted both on the Parks and Recreation page and the Police Departments pages, create a park matrix with a column related to bounce houses with marks indicating the parks that bounce houses are prohibited and a mark to indicate which parks allow bounce houses by permit, initiate the process to assess the placement of speed bumps around the park, and authorize the city manager to close the water feature intermittently as needed due to ongoing problems. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
Mayor Bryant with the consensus of Council moved Item E.5 prior to E.2 E.5 City Council discussion of, and possible direction to staff, related to oil and gas regulations in the City of Brentwood, including the possibility of strengthening existing regulations, adopting a moratorium, and/or enacting a permanent ban. (Tim Ogden/Margaret Wimberly)
Mayor Bryant opened the public comment period.

Public Comments were received prior to the meeting on agenda Item E.5 in support of a ban on oil and gas drilling from the following: Kathy Petricca, Cynthia Mahone, Dipenra Rai (and family), Jeffrey Mann, Ken Ervin, Margie Chen, Marjaneh Moini, and Nigel Jesson.

The following residents spoke in opposition to the item: Ian Cohen, Rod Flohr, Carolina Villaseca, Alexi Lindeman, Lisa Chang, Alison Chiu, Charles Davidson, Kyle, and Nigel Jesson requested the City Council ban all oil and gas drilling in the City due to health impacts to residents, climate change, and air quality.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Mendoza/Rarey to direct staff to come back with a moratorium banning oil and gas drilling in the City of Brentwood while staff work on an ordinance with a target of 3,200 feet of sensitive receptor areas and a permanent ban of oil and gas drilling within city limits. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E.2. Provide the City Council with requested information related to the affordable housing inclusionary obligation, in-lieu fees and HOA dues, as well as receive direction with respect to potential changes to existing policies or ordinances related to affordable housing. (Alexis Morris/Sylvia Elias)
Mayor Bryant opened the public comment period.

Jane Stafford, resident, spoke in opposition of removing the in-lieu fee and spoke regarding the need for homes that are affordable at the entry level.

Iman Novin, advocated for the in-lieu fee and impact fee options to remain in place and felt they were a needed tool to provide affordable housing for the low income and very low income level.

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Rod Flohr, resident, spoke in support of removing the in-lieu fee and supported and felt the builders needed to build inclusionary housing.

Ellen Morris, Eden Housing, spoke in support of the in-lieu fee remaining in place to continue funding the programs that provide affordable housing.

Carolina Villaseca, resident, felt that affordable housing should not be built in clusters and felt the developers should build inclusionary housing, and asked if there could be hybrid program.

There being no one else wishing to speak the public comment period was closed.

It was moved/seconded by Rarey/Mendoza to direct staff to bring back additional information on: the effects of density bonus allocation rounding, clarification on the manner in which units count towards density bonuses, the manner and use of the rental housing trust fund and what those funds can be used for, show the impact of General Fund allocations funding the affordable housing program and not just administrative costs, information on the in-lieu fees and show the impact of General Fund allocations funding in-lieu programs, information for onsite or offsite for ownership if the in-lieu fees are removed, and alternatives and options for the two rental options. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E.3. A resolution accepting the Annual Progress Report on the implementation of the Brentwood General Plan Housing Element for calendar year 2021 as required by the State of California and directing staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development. (Alexis Morris/Jennifer Hagen)
Mayor Bryant opened the public comment period, there being no else wishing to speak it was closed.

It was moved/seconded by Meyer/Rarey to adopt Resolution 2022-36 accepting the Annual Progress Report on the implementation of the Brentwood General Plan Housing Element for calendar year 2021 as required by the State of California and directing staff to forward the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Susannah Meyer, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
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E.4. Adopt a resolution finding that the Annual Progress Report accurately reflects the General Plan implementation for calendar year 2021; accepting the report as required by the State of California; and directing staff to forward the report to the Governor's Office of Planning & Research (OPR) and the State Department of Housing and Community Development (HCD). (Alexis Morris/Erik Nolthenius)
Mayor Bryant opened the public comment period, there being no else wishing to speak it was closed.

It was moved/seconded by Rarey/Mendoza to adopt Resolution 2022-37 finding that the Annual Progress Report accurately reflects the Brentwood General Plan implementation for calendar year 2021; accepting the report as required by the State of California. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
F. REQUEST FOR FUTURE AGENDA ITEMS
F.1. NEW REQUEST(S)
Council Member Rarey requested a future agenda item to amend the annual proclamation calendar to add March 21st of each year as World Down Syndrome Day.

Council Member Rarey requested a future agenda item regarding a review of the services provided by Contra Costa Animal Services and possible outreach to east County cities to discuss bringing services to this area.

Council Member Meyer requested a future agenda item enhancements to the current noticing for projects, including distribution method and an increase in the distance of a project for required noticing.

F.2. REQUESTED ITEMS
F.2.1. A Resolution of the City Council of the City of Brentwood to make a contribution of $10,000 to the H.O.P.E. House to support seniors and other individuals facing food shortages during this time; and amending the FY 2021/22 General Fund Operating Budget (Tim Ogden/Tim Ogden)
Mayor Bryant opened the public comment period, there being no else wishing to speak it was closed.

It was moved/seconded by Bryant/Rarey to provide $10,000 to the H.O.P.E. House using the same process that was used in the past. Roll Call vote found Council Member Rarey and Mayor Bryant in favor, an Council Members Mendoza, Meyer and Vice Mayor Rodriguez opposed. Motion failed.

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RESULT: MOTION FAILED [2/3]
MOVER: Joel Bryant, Mayor
SECONDER: Karen Rarey, Council Member
AYES: Rarey, Bryant
NOES: Mendoza, Meyer, Rodriguez

ADJOURNMENT
It was moved/seconded by Rarey/Meyer to adjourn. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. The meeting adjourned at 12:43 a.m.

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CITY COUNCIL/SUCCESSOR AGENCY/BIFA MINUTES
Pursuant to Section 54956 of the California Government Code, a special meeting of the City Council is hereby called for April 12, 2022 at 5:00 p.m. or as soon thereafter as possible.

CALL TO ORDER A SPECIAL MEETING OF THE CITY COUNCIL – Mayor Bryant called the special meeting to order at 5:00 p.m.

ROLL CALL
Attendee Name Title Status
Jovita Mendoza Council Member Remote
Susannah Meyer Council Member Remote
Karen Rarey Council Member Remote
Johnny Rodriguez Vice Mayor Remote
Joel R. Bryant Mayor Remote

1. Conduct a Workshop on the Draft 2022/23 - 2026/27 Capital Improvement Program. (Sonia Agostini/Jigar Shah)
Mayor Bryant opened the public comment period, there being no one wishing to speak it was closed.

An e-mail was received from S. Walker stating opposition to the funding of the sound wall.

It was moved/seconded by Rarey/Meyer to provide direction to staff to bring back the CIP Budget for consideration of approval on May 24, 2022, with the following changes: (1) include Option 1 (sliding gate) for the Parking Garage, (2) refer signage program to LUD for review, and potentially move a portion of funds earmarked for signs to façade beautification instead, (3) add the sound wall at Carrara Street, (4) add further funding for the Deer Ridge landscaping, and (5) add further funding for the Creekside and Garin Park restrooms. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Johnny Rodriguez, Vice Mayor
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant

ADJOURN CITY COUNCIL
It was moved/seconded by Meyer/Rarey to adjourn the special meeting at 7:05 p.m. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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7:00 PM – CITY COUNCIL/SUCCESSOR AGENCY MEETING

CALL TO ORDER & ROLL CALL
Mayor Bryant called the meeting to order at 7:11 p.m.

Attendee Name Title Status
Jovita Mendoza Council Member Remote
Susannah Meyer Council Member Remote
Karen Rarey Council Member Remote
Johnny Rodriguez Vice Mayor Remote
Joel R. Bryant Mayor Remote

PLEDGE OF ALLEGIANCE
Mayor Bryant led the Pledge of Allegiance.

PUBLIC COMMENTS
The following speakers spoke in opposition to Blue Bird Village citing reasons such as not making changes to the General Plan, the impacts of increased density, the potential for reduced services, and increased infrastructure needs: LingSing Chen, Antonia Xavier, Mrs. C, Rod Flohr, and Laura Avila.

Danny Dorhmann, resident, spoke in opposition to Blue Bird Village, and requested information on who owns the website for the www.brentwoodhousingelement.com Sarai Espinoza, One Day at a Time, spoke regarding an Easter event, and indicated she was responsible for approving the event after being approached by the Police Department and invited members of the community and members of the City Council to visit One Day at a Time and learn about their organization.

Sinziana Todor, resident, spoke regarding One Day at a Time and stated additional disclosure of financial interests was needed from the organization and from the Vice Mayor; she spoke regarding Consent Calendar Item C.8 and wanted to ensure the improvements were related to the school project, and not related to Blue Bird Village, and spoke further regarding Blue Bird Village and encouraged Council to stick to the general plan.

Lisa Kirk, Contra Costa Society for Prevention of Cruelty to Animals, felt the City needed to review the contract being proposed by Contra Costa Animal Services and felt it lacked the needed services.

Ian Cohen, resident, thanked the Police Department for honoring Autism Awareness Month.

Susan Wallace, resident, spoke in support Blue Bird Village as higher density projects would provide more affordable housing for residents.

Carolina Villaseca, resident, spoke regarding the importance of participating in the local City Council meetings, and spoke regarding the impacts of growth on local schools, and impacts on public safety.

An e-mail was received from Mariana Petrencko regarding support for Ukraine and Ukrainian refugees.

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A. PRESENTATIONS
A.1. Proclamation in honor of Matias “Mayo” Rogers and the 1st Annual Miles for Mayo 5KCouncil Member Mendoza read the proclamation and presented it to the Rogers family.

A.2. Proclamation Proclaiming April 2022 as Autism Awareness Month. – Council Member Mendoza read the proclamation and presented it to Matt Schwabb of Working Wonders.

A.3. Proclamation recognizing April 3rd through April 9th as Library Week and a presentation from the Brentwood Librarian, Andrea Freyler. – Mayor Bryant read the proclamation and presented it to librarian Andrea Freyler. Librarian, Andrea Freyler, provided a presentation to the City Council on library activities.

A.4. Proclamation Proclaiming April 12, 2022, as Education and Sharing Day. – Mayor Bryant read the proclamation and presented it to Rabbi Peretz Goldshmid.

A.5. Proclamation Proclaiming April 22, 2022 as Earth Day – Mayor Bryant read the proclamation and presented it to Ian Cohen.

B. INFORMATIONAL REPORTS FROM COUNCIL MEMBERS, COMMITTEES, LIAISONS AND STAFF
Council Member Mendoza reported on attendance at Cal Cities 2022 Legislative Briefing, an ABAG educational seminar, the Contra Costa Council on Homelessness, Livable California, and the Contra Costa Mayors’ Conference.

Council Member Meyer reported on attendance at a Supervisor District 4 Forum, the State Route 4 Ad-hoc committee meeting, a meeting with the Director of Parks and Recreation and the Seniors Club, the Brentwood literary stroll, the Contra Costa Mayors’ Conference, Alliance of Local Leaders, Cal Cities Summit and Meet and Greet, and the Farmers Market to meet residents at their support for Ukraine booth.

Council Member Rarey reported on attendance at the ABAG Regional Housing Technical Assistance meeting, a meeting with a resident regarding a land use initiative, the State Route 4 Noise Ad-Hoc Committee meeting, the PAL Board meeting, a meeting with the Chief of Police regarding the One Day at a Time Egg Hunt event, a meeting with a resident regarding the Highway 4 off-ramp traffic on Balfour Road, and non-potable water delivery, and a meeting with Contra Costa County on SBCA.

Vice Mayor Rodriguez reported on the One Day at a Time Egg Hunt event and thanked residents, and spoke regarding the events related to the Egg Hunt.

Mayor Bryant reported on attendance at the Contra Costa Mayors’ Conference, reopening of Blue Goose Park, Airport Land Use, meetings with residents regarding oil drilling, the Tri Delta Transit board meeting, and meetings with residents who want more events in the City.

C. CONSENT CALENDAR
Council Member Rarey requested agenda Item C.5 be pulled from the Consent Calendar, and Council Member Mendoza requested agenda item C.8 be pulled from the Consent Calendar.

It was moved/seconded by Rarey/Mendoza to approve Consent Calendar Items C.1 – C.4 and C.6 to C.7, and C.9- C.11, as recommended by staff. The City Clerk read the title of the proposed Ordinance 1035. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
C.1. Minutes of the City Council/Successor Agency/BIFA meetings of December 14, 2021, and January 11, 2022, the minutes of the City Council/Successor Agency meetings of December 21, 2021, and January 25, 2022, and the special meeting minutes of December 1, 2021. (Margaret Wimberly)
C.2. Adopted Resolution 2022-38 authorizing the City Manager or designee to execute the Second Amended and Restated Memorandum of Understanding with East Contra Costa County participating agencies to implement the Groundwater Sustainability Plan for the East Contra Costa Subbasin, Basin 5-22.19 San Joaquin Valley. (Miki Tsubota/Casey Wichert/James Wolfe)
C.3. Adopted Resolution 2022-39 Pertaining to the Confirmation of Emergency Order 2022-03 of the Director of Emergency Services (Tim Ogden/Tim Ogden) C.4. Waived Second reading and adopted ordinance 1035 amending provisions of Brentwood Municipal Code Chapter 2.10 to reflect revised electoral districts and council member representation. (Tim Ogden/Margaret Wimberly/Damien Brower) C.5. REMOVED FROM THE CONSENT CALENDAR - An Informational Report on the City Manager's approval of Final Subdivision Map and Subdivision Improvement Agreement, and acceptance of Offers of Dedication for Subdivision No. 8982, Parkside Villas, developed by Richmond American Homes of Maryland, Inc. (Miki Tsubota/Heather Silfies)
C.6. Adopted Resolution 2022-40 accepting the work performed by Superior Tank Solutions, Inc. for the Reservoir Painting and Recoating, CIP Project No. 562-56398, for fiscal year 2021/22; and requesting the City Clerk to file a Notice of Completion with the County Recorder. (Miki Tsubota/Renee Payette/James Wolfe)
C.7. Adopted Resolution 2022-41 approving and authorizing the City Manager or designee to execute a Grant of Access Easement Deed to Contra Costa Flood Control and Water Conservation District for access to flood control facilities along and within Marsh Creek Channel. (Miki Tsubota/Allen Baquilar)
C.8. REMOVED FROM THE CONSENT CALENDAR A Resolution approving and authorizing the City Manager or designee to execute an Agreement for Design Services with CSG Consultants, Inc., in the amount of $1,137,124, plus a 10% contingency of $113,712.40, for a total not-to-exceed amount of $1,250,836.40, for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701. (Miki Tsubota/Renee Payette/Jigar Shah) C.9. Adopted Resolution 2022-42 approving and authorizing the City Manager or designee to execute an Agreement for Environmental Consultant Services with Raney Planning & Management, Inc., for preparation of an Initial Study/Mitigated Negative Declaration in the amount of $56,455, plus a 10% contingency of $5,645.50, for a total not-to-exceed amount of $62,100.50, for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701. (Miki Tsubota/Renee Payette/Jigar Shah)
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C.10. Adopted Resolution 2022-43 accepting the work performed by Park Planet for the Blue Goose Park Playground Replacement Project, CIP Project No. 352-52438 and requesting the City Clerk to file a Notice of Completion with the County Recorder. (Bruce Mulder/Aaron Wanden/Brian Johnson)
C.11. Resolutions approving the continued use of teleconferencing for meetings of (1) adopted Resolution 2022-44 of the City Council and all subsidiary City legislative bodies, (2) Resolution 2022-07-SA of the Successor Agency to the Brentwood Redevelopment Agency, and (3) Resolution BIFA-40 of the Brentwood Infrastructure Financing Authority, from April 12, 2022 through May 12, 2022, per AB 361 (2021) (Tim Ogden/Margaret Wimberly)
Items pulled from the Consent Calendar:

C.5. An Informational Report on the City Manager's approval of Final Subdivision Map and Subdivision Improvement Agreement, and acceptance of Offers of Dedication for Subdivision No. 8982, Parkside Villas, developed by Richmond American Homes of Maryland, Inc. (Miki Tsubota/Heather Silfies)
It was moved/seconded by Bryant/Rodriguez to accept the Informational Report on the City Manager's approval of Final Subdivision Map and Subdivision Improvement Agreement, and acceptance of Offers of Dedication for Subdivision No. 8982, Parkside Villas, developed by Richmond American Homes of Maryland, Inc. Roll call vote found Council Member Mendoza, Council Member Meyer, Vice Mayor Rodriguez, and Mayor Bryant in favor, and Council Member Rarey opposed.

RESULT: APPROVED 4/1/
MOVER: , Joel Bryant, Mayor
SECONDER:, Karen Council Member
AYES: Mendoza, Meyer, Rodriguez, Bryant
NOES: Rarey
C.8. A Resolution approving and authorizing the City Manager or designee to execute an Agreement for Design Services with CSG Consultants, Inc., in the amount of $1,137,124, plus a 10% contingency of $113,712.40, for a total not-to-exceed amount of $1,250,836.40, for the Lone Tree Way Roadway Improvements, CIP Project No. 336- 31701. (Miki Tsubota/Renee Payette/Jigar Shah)
It was moved/seconded by Mendoza/Meyer to adopt Resolution 2022-45 approving and authorizing the City Manager or designee to execute an Agreement for Design Services with CSG Consultants, Inc., in the amount of $1,137,124, plus a 10% contingency of $113,712.40, for a total not-to-exceed amount of $1,250,836.40, for the Lone Tree Way Roadway Improvements, CIP Project No. 336-31701. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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RESULT: APPROVED [UNANIMOUS]
MOVER: , Jovita Mendoza, Council Member
SECONDER:, Karen Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D. BUSINESS ITEMS
D.1. An Interim Urgency Ordinance Implementing a Moratorium on New Oil and Gas Development in the City of Brentwood, Pending a Study of the Effects of Such Activities and the City’s Long-Term Plan for Regulation (Tim Ogden/Damien Brower/Alexis Morris) Mayor Bryant opened the public comment period.

The following residents spoke in support of this agenda item, and included the importance of this item towards creating a safe and healthy environment for the residents of Brentwood: Rod Flohr, Danny Dohrmann, Alexi Lindeman, Ian Cohen, and Carolina Villaseca.

Marian Petren, resident, spoke regarding Ukraine refugees and felt the City of Brentwood needed to declare support for the people of Ukraine.

There being no one else wishing to speak, the public comment period was closed.

Three e-mails were received in support of the moratorium on New Oil and Gas Development: Dipera Rai and family, Ken Ervin, and Lucy and Sebastian Fontana.

It was moved/seconded by Mendoza/Rarey to adopt Interim Urgency Ordinance 1036 Implementing a Moratorium on New Oil and Gas Development in the City of Brentwood, Pending a Study of the Effects of Such Activities and the City’s Long-Term Plan for Regulation. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Jovita Mendoza, Council Member
SECONDER: Karen Rarey, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
The City Council recessed from 9:04 p.m. to 9:09 p.m.

D.2. A Resolution of the City Council of the City of Brentwood to make a contribution of $10,000 to organizations that support seniors and other individuals facing food shortages during this time; and amending the FY 2021/22 General Fund Operating Budget (Tim Ogden/Tim Ogden)
Mayor Bryant opened the public comment period.

Rod Flohr, resident, spoke in support of Council Member Rarey and in support of the $10,000 donation to the organization.

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Dave Funk, Director of H.O.P.E. House, spoke regarding their services and the food provided to members of the community, and stated there is a need for food in the community.

Carolina Villaseca, resident, felt that funding is needed for organizations that provide services to the community, and stressed the importance of following procedures to ensure proper accounting.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Rarey/Mendoza to adopt an amended Resolution 2022-46 to provide that a 15-day application period shall be opened and funding will be provided in the amount of $2,500 per eligible applicant on a first come, first serve basis, and if funding is left at the end of the 15-day period, an applicant may reapply. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
D.3. Consider funding all or part of the estimated $200,000 John Marsh House Interpretive Center for the Operating Budget process to begin in May ( Tim Ogden) Mayor Bryant opened the public comment period.

Rod Flohr, resident, spoke in support of the item.

Sinziana Todor, resident, was supportive of the John Marsh House but questioned why the City was providing funding and who would be responsible for the maintenance and requested more details.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Rodriguez/Meyer to refer consideration of this item to the Agricultural Enterprise Committee. Roll call vote found Council Member Mendoza, Council Member Meyer, Vice Mayor Rodriguez, and Mayor Bryant in favor, with Council Member Rarey abstaining.

RESULT: APPROVED [4/0/1]
MOVER: Johnny Rodriguez, Vice Mayor
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rodriguez, Bryant
ABSTAIN: Rarey
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D.4. Consider for approval the revised Brentwood Neighborhood Committee’s duties, goals, and guidelines. (Bruce Mulder/Kris Farro)
Mayor Bryant opened the public comment period.

Rod Flohr, resident, felt that a Neighborhood Committee would be more useful to provide information on larger events.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Meyer/Mendoza to approve the revised Brentwood Neighborhood Committee’s duties, goals, and guidelines. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Susannah Meyer, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E. REQUEST FOR FUTURE AGENDA ITEMS
E.1. NEW REQUEST(S)
Council Member Mendoza requested a future agenda item related to Council Members who serve on non-profits and the process for requests for items of value.

Council Member Meyer requested an item related to proclamations, when there isn’t a recipient to place them on the Consent Calendar and a proclamation related to support for those who have families in Ukraine, with social media posts on resources for Ukrainian refugees.

E.2. REQUESTED ITEMS
E.2.1. Future agenda item request from Council Member Meyer for City Council discussion of, and possible direction to staff regarding enhancements to the current noticing for projects, including looking at the types of noticed projects, notice distribution methods, and noticing distance requirements. (Tim Ogden/Margaret Wimberly) Mayor Bryant opened the public comment period.

Rod Flohr, resident, felt that anything that could be done to increase awareness of potential projects would be beneficial.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Rarey/Mendoza to direct staff to spend time and resources on direction to staff regarding enhancements to the current noticing for projects, including looking at the types of noticed projects, notice distribution methods to include: water bill inserts with a possible sticker on the envelope to alert residents of the notification, e-mails, and noticing distance requirements, providing cost estimates for various distances of 300 feet, 500 feet, and 1000 feet, and updating the C.6
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website with notices, a website map with clickable project links. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E.2.2. Future agenda item request from Council Member Rarey for City Council discussion of, and possible direction to staff to amend the annual proclamation calendar to add March 21st of each year as World Down Syndrome Day (Tim Ogden/Margaret Wimberly)
Mayor Bryant opened the public comment period, there being no one wishing to speak, the public comment period was closed.

It was moved/seconded by Rarey/Mendoza to direct staff to include National Down Syndrome Day on March 21st of each year as World Down Syndrome Day. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Jovita Mendoza, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant
E.2.3. Future agenda item request from Council Member Rarey for City Council discussion of, and possible direction to staff regarding a review of the services provided by Contra Costa Animal Services and possible outreach to east County cities to discuss bringing an alternate service provider to this area. (Tim Ogden/Margaret Wimberly) Mayor Bryant opened the public comment period.

Lisa Kirk, Contra Costa Society for Prevention of Cruelty to Animals, felt the Council needed more information related to the animal services and the services provided by the County, and felt there were ways to receive funding for the non-mandated services.

There being no one else wishing to speak, the public comment period was closed.

It was moved/seconded by Rarey/Meyer to direct staff to review the services provided by Contra Costa Animal Services, and return to the City Council with the draft agreement, and invite the Executive Director to be present to address the agreement. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Karen Rarey, Council Member
SECONDER: Susannah Meyer, Council Member
AYES: Mendoza, Meyer, Rarey, Rodriguez, Bryant

ADJOURNMENT
It was moved/seconded by Rarey/Mendoza to adjourn at 11:33 p.m. Roll call vote found Council Member Mendoza, Council Member Meyer, Council Member Rarey, Vice Mayor Rodriguez, and Mayor Bryant in favor. Motion carried unanimous.

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Communication: Minutes of the Special City Council meeting of March 3, 2022, and April 20, 2022, Minutes of the Special City Council/Planning CITY COUNCIL AGENDA ITEM NO. 7
Meeting Date: April 26, 2022
Subject/Title: A Resolution approving and authorizing the City Engineer or designee to execute a Quitclaim to Silvergate Communities, LP, a California Limited Partnership, for a slope easement along O’Hara Avenue that is no longer needed due to O’Hara Avenue improvements.

Prepared by: Debra Galey, Senior Analyst
Submitted by: Miki Tsubota, Director of Public Works/City Engineer

PURPOSE AND RECOMMENDATION
This action approves the release (quitclaim) of a slope easement. If this quitclaim were not to move forward, future private residential lots would be burdened with a public easement that is no longer necessary.

Adopt a Resolution approving and authorizing the City Engineer or designee to execute a Quitclaim to Silvergate Communities, LP, a California Limited Partnership, for a slope easement along O’Hara Avenue that is no longer needed due to O’Hara Avenue improvements.

CITY COUNCIL STRATEGIC INITIATIVES
Not Applicable.

PREVIOUS ACTION
On February 12, 2002, by Resolution No. 2459, the City Council approved a purchase agreement with the Volpone Family Trust for land necessary for O’Hara Avenue construction, including a slope easement.

BACKGROUND
As a part of the O’Hara Avenue/Sand Creek Road Loop CIP project, the City acquired right of way necessary for O’Hara Avenue construction from the O’Hara Avenue/Second Street intersection to Sand Creek Road. Included in the land acquisition was a slope easement along the easterly and westerly portions of O’Hara Avenue, as the roadway is higher than the surrounding parcels in this location.

Silvergate Communities is developing a 166 unit multifamily residential project on the easterly side of O’Hara Avenue. As part of the project, the developer has widened O’Hara Avenue to include a second northbound travel lane, bike lane, sidewalk and parkway landscaping. With these improvements and ultimate construction of O’Hara Avenue in this location, the slope easement is no longer necessary across this parcel.

FISCAL IMPACT
None.

Attachments:

Resolution
Exhibit
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING

AND AUTHORIZING THE CITY ENGINEER OR DESIGNEE TO EXECUTE A QUITCLAIM

TO SILVERGATE COMMUNITIES, LP, A CALIFORNIA LIMITED PARTNERSHIP, FOR A SLOPE EASEMENT ALONG O’HARA AVENUE THAT IS NO LONGER NEEDED DUE TO O’HARA AVENUE IMPROVEMENTS.

WHEREAS, on February 12, 2002, by Resolution No. 2459, the City Council approved a purchase agreement with the Volpone Family Trust for land necessary for O’Hara Avenue construction, including a slope easement; and
WHEREAS, on December 1, 2017, by Resolution No. 17-047, the Planning Commission approved Design Review 17-003 for a 166 unit apartment complex and recreational center, Silvergate, with related improvements; and
WHEREAS, Design Review 17-003 is required to widen O’Hara Avenue and the slope easement is no longer necessary.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve and authorize the City Engineer or designee to execute a Quitclaim to Silvergate Communities, LP, a California Limited Partnership, for a slope easement along O’Hara Avenue that is no longer needed due to O’Hara Avenue improvements.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of April 2022 the following vote:

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Attachment: Resolution (2656 : Quitclaim to Silvergate Communities, LP (slope easement along O'Hara Ave)) Bellecci & Associates inc
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Attachment: Exhibit (2656 : Quitclaim to Silvergate Communities, LP (slope easement along O'Hara Ave)) CITY COUNCIL AGENDA ITEM NO. 8
Meeting Date: April 26, 2022
Subject/Title: A Resolution accepting the work performed by Teichert Construction for the Downtown Alley Rehabilitation – Diablo Way, CIP Project No. 562-56401; and requesting the City Clerk to file a Notice of Completion with the County Recorder.

Prepared by: Renee Payette, Project Services Specialist Aman Grewal, Associate Engineer
Submitted by: Miki Tsubota, Director of Public Works/City Engineer

PURPOSE AND RECOMMENDATION
This action allows for a Notice of Completion be filed with the County Recorder for completion of the work performed by Teichert Construction (“Contractor”) for the Downtown Alley Rehabilitation – Diablo Way (“Project”), CIP Project No. 562-56401. Not moving forward with this action would hold the Project from being closed out and any retention from being released.

It is recommended that the City Council adopt a Resolution accepting Project for completion; and requesting the City Clerk to file a Notice of Completion with the County Recorder.

CITY COUNCIL STRATEGIC INITIATIVES
Not applicable.

PREVIOUS ACTION
On June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21 – 2024/25 Capital Improvement Program (“CIP”), which included the Project.

On October 13, 2020, by Resolution No. 2020-128, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Project to the Contractor in the amount of $2,663,075.00, plus a 20% contingency of $532,615.00, for a total not to exceed amount of $3,195,690.00.

On May 25, 2021, by Resolution No. 2021-59, the City Council adopted the City’s Fiscal Year 2021/22 – 2025/26 CIP, which included the Project.

BACKGROUND
This Project rehabilitated the aging infrastructure along Diablo Way alley from Fir Street to Brentwood Boulevard to maintain adequate services to the residences and businesses.

Included in the scope of work was the removal and replacement of existing water, sewer and storm drain facilities; this consisted of the main lines, laterals and cleanouts. The Project also reconstructed the alleyway and concrete v-ditch.

All improvements are completed per the contract documents and staff is recommending that the work performed by the Contractor be accepted and the Notice of Completion filed with the County Recorder.

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FISCAL IMPACT
The total contract amount for the work performed by the Contractor is as follows:

Council Approved Amount
Contractor Final Contract Amount (Including Contingency) Teichert Construction $ 2,722,411.56 $ 3,195,690.00
The final cost of this Project is approximately 14.8% less than the City Council approved amount for this contract and the Project was funded by Water and Wastewater Replacement Funds.

Attachments:

Resolution
Notice of Completion
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

ACCEPTING THE WORK PERFORMED BY TEICHERT CONSTRUCTION FOR THE DOWNTOWN ALLEY REHABILITATION – DIABLO WAY, CIP PROJECT NO. 562- 56401; AND REQUESTING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER.

WHEREAS, on June 9, 2020, by Resolution No. 2020-73, the City Council adopted the City’s 2020/21- 2024/25 Capital Improvement Program (“CIP”), which included the Downtown Alley Rehabilitation – Diablo Way, CIP Project No. 562-56401 (“Project”); and WHEREAS, on October 13, 2020, by Resolution No. 2020-128, the City Council approved the contract documents, awarded the bid and authorized the City Manager or designee to execute a construction contract and necessary documents for the Project to Teichert Construction in the amount of $2,663,075.00, plus a 20% contingency of $532,615.00, for a total not to exceed amount of $3,195,690.00; and
WHEREAS, on May 25, 2021, by Resolution No. 2021-59, the City Council adopted the City’s Fiscal Year 2021/22 – 2025/26 CIP, which included the Project; and WHEREAS, this Project rehabilitated the aging infrastructure along Diablo Way alley from Fir Street to Brentwood Boulevard to maintain adequate services to the residences and businesses; and
WHEREAS, included in the scope of work was the removal and replacement of existing water, sewer and storm drain facilities; this consisted of the main lines, laterals and cleanouts; and
WHEREAS, the Project also reconstructed the alleyway and concrete v-ditch; and WHEREAS, all improvements are completed per the contract documents and staff is recommending that the work performed by Teichert Construction be accepted and the Notice of Completion filed with the County Recorder.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby accept the work performed by Teichert Construction for the Downtown Alley Rehabilitation – Diablo Way, CIP Project No. 562-56401; and request the City Clerk to file a Notice of Completion with the County Recorder.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of April 2022 by the following vote:

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Attachment: Resolution (2657 : Notice of Completion - Downtown Alley Rehabilitation (Diablo Way)) Recording Requested By:

City of Brentwood
When Recorded Mail To:

City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. City’s full name is the City of Brentwood.

3. City’s address is 150 City Park Way, Brentwood, CA 94513.

4. The nature of City’s interest in the Project is:

X Fee ownership __Lessee __ Other:________________________

5. Construction work on the Project performed on the City’s behalf is generally described as follows: removal and replacement of existing water, sewer and storm drain facilities and reconstruction of alleyway and concrete v-ditch along Diablo Way alley under the Downtown Alley Rehabilitation – Diablo Way, CIP Project No. 562-56401.

6. The name of the original Contractor for the Project is: Teichert Construction.

7. The Project was completed on: January 28, 2022.

8. The Project is located at: Diablo Way alley from Fir Street to Brentwood Boulevard in Brentwood, CA 94513.

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct.

By: __________________________
Margaret Wimberly, MMC, City Clerk
City of Brentwood, California
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Attachment: Notice of Completion (2657 : Notice of Completion - Downtown Alley Rehabilitation (Diablo Way)) CITY COUNCIL AGENDA ITEM NO. 9
Meeting Date: April 26, 2022
Subject/Title: A Resolution approving the purchase and installation of pre-fabricated restroom buildings, and authorizing the City Manager or his designee to execute a purchase order in the amount of $416,922 with Public Restroom Company, through a Sourcewell Cooperative Purchasing Agreement for Creekside Park and Garin Park Restrooms, CIP Project No. 352-52442 and amending the FY 2021/22 – 2025/26 Capital Improvement Program (CIP) and the 2021/22 Operating Budget to allow for the funding transfers.

Prepared by: Aaron Wanden, Parks Maintenance Manager
Brian Johnson, Park/Maintenance Supervisor
Submitted by: Bruce Mulder, Director of Parks & Recreation

PURPOSE AND RECOMMENDATION
The Creekside Park and Garin Park Restroom project (“Project”) was identified as a project in the 2020/21 Strategic Plan, but was placed on the Funding Deferred Projects List in 2021. The funding for the Project was later reinstated. The addition of restroom buildings at these parks will provide a great service to the large number of users of these two parks.

Staff recommends adopting a Resolution approving the purchase and installation of two (2) prefabricated restroom buildings, and authorizing the City Manager or his designee to execute a purchase order in the amount of $416,922 with Public Restroom Company, through a Sourcewell Cooperative Purchasing Agreement for Creekside Park and Garin Park Restrooms, CIP Project No. 352-52442 and amending the FY 2021/22 – 2025/26 Capital Improvement Program (“CIP”) and the 2021/22 Operating Budget to allow for the funding transfers.

CITY COUNCIL STRATEGIC INITIATIVE
Focus Area 5: Community and Neighborhood Services, Goal 1d - Add restrooms at Creekside Park and Garin Park.

PREVIOUS ACTION
On October 9 and 10, 2019, the City Council participated in a strategic plan workshop to discuss the City of Brentwood draft Strategic Plan FY 2020/21 – FY 2021/22, and to direct staff on various initiatives. The City Council received financial information related to the City’s financial capacity and identified resources to fund the two-year strategic plan. During the workshop, the City Council discussed, reviewed, and provided staff with direction on various initiatives.

On February 25, 2020, the City Council adopted Resolution 2020-29 to a) adopt the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22, and b) direct staff to incorporate strategic plan costs into the Operational and CIP Budgets, as well as in the City’s ten-year General Fund Fiscal Model.

On May 26, 2020, the City Council conducted a workshop on the draft 2020/21 – 2021/22 Operating Budget and draft General Fund Fiscal Model.

On June 23, 2020, by Resolution 2020-85, City Council amended the 2019/20 Operating Budget and adopted the 2020/21 – 2021/22 Operating Budget.

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On July 14, 2020, the City Council adopted Resolution 2020-96 to amend the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22.

On January 26, 2021, the City Council adopted Resolution 2021-15 amending the 2020/21 Operating Budget; approving the recommended mid-year budget adjustments; and amending the 2020/21 – 2024/25 CIP.

On February 9, 2021, the City Council received an update on the Amended City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 and Funding Deferred Projects Holding List.

On May 25, 2021, a City Council Workshop was held on the Mid-term Operating Budget, including the taking of public comments and obtaining City Council guidance, in anticipation of final Budget consideration on June 22, 2021.

On June 22, 2021, the City Council adopted Resolution 2021-76 amending the 2020/21 and 2021/22 Operating Budgets and the 2021/22 – 2025/26 CIP.

On January 25, 2022, the City Council referred the Project back to the Parks and Recreation Commission.

BACKGROUND
The Project was identified as a Strategic Initiative in the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 that was adopted on February 25, 2020. With the COVID-19 pandemic, City Council re-evaluated the Strategic Plan and numerous projects were placed on a Funding Deferred Projects Holding List due to unknown budget implications related to the pandemic. On July 14, 2020, the City Council adopted Resolution 2020-96 amending the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 that reflected the changes in the project list.

On June 22, 2021, the Project had the funding reinstated in the action that adopted the amended Operating Budgets and the 2021/22 - 2025/26 CIP.

Since the initial Project estimates were developed back in 2019, prices for prefabricated restroom buildings have dramatically increased. In an effort to obtain the best updated pricing, staff requested quotes from three vendors. Only one vendor responded (Public Restroom Company), which was able to provide pricing through a Sourcewell Cooperative Purchasing Agreement.

The City is able to purchase from this vendor through a cooperative purchasing agreement, in accordance with Section 4.4 Cooperative Purchasing Agreements, of the City’s Purchasing Policy 10-7, which allows for these types of purchases to be accomplished without the City soliciting competitive bids.

Cooperatives are managed relationships where one entity will act as the lead agency by bidding and awarding contracts which can be used by other governmental and non-profit agencies. This concept brings higher efficiency to agencies because vendors are bidding to provide services to many agencies and therefore they can afford to offer steeper discounts to the end users of a contract. By using cooperatives, agencies can work together to save time and money. This is made possible by state laws that allow governmental and non-profit agencies to use the work of other agencies across the nation to avoid duplication of efforts and resources. The City does its own due diligence to make sure the competitive bid process used in awarding the cooperative contract meets all of its state and local procurement requirements.

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Staff originally presented a concept plan and recommendation to award a contract to Public Restroom Company at the January 25, 2022 City Council meeting. Following discussion, City Council directed staff to seek a more aesthetically pleasing design and to send the Project back to the Parks and Recreation Commission to facilitate the re-design process. Public Restroom Company prepared three new concept plans with upgraded exterior finishes to the buildings to better reflect City Councils wishes. In addition, costs were provided for the updated designs.

The Parks and Recreation subcommittee for this Project met on March 4, 2022 and ultimately chose design option “B” as the concept to recommend back to City Council for approval. On March 24, 2022, the item was brought forward to the full Parks and Recreation Commission, where it was approved to bring the recommendation to City Council at this meeting tonight. The updated concept plan for the restroom buildings is attached to this staff report for reference.

It is staff’s recommendation to purchase the restroom buildings through Public Restroom Company to move forward with the Project. Estimated delivery of the restroom buildings is 180 days from the date of order. City of Brentwood staff will work to prepare the site to the specifications required for Public Restroom Company to deliver and install the buildings. To maintain the pricing, it is required that both restrooms be delivered and installed at both parks on the same day. The estimated time for completion of this Project is fall 2022.

FISCAL IMPACT
Funding for the Creekside Park and Garin Park Restrooms, CIP Project No. 352-52442, is currently included in the amended 2021/22 – 2025/26 CIP with an approved budget of $334,000. Council approval of this action will allow for the execution of a purchase order with Public Restroom Company in the amount of $416,922. Staff is also recommending amending the 2021/22 – 2025/26 CIP to include a revised Project budget in the amount of $461,000, which accounts for increased costs for additional needed site work and the increased building and installation costs and amending the 2021/22 Operating Budget for the additional required funding transfers listed in the chart below.

CIP Budget Sheet changes being recommended in this action are as follows:

Project Expenditures
Original
Budget
2021/22
Amended
Budget Difference
Legal $4,000 $4,000 -
Planning and Design $10,000 $10,000 -
Construction $320,000 $447,000 $127,000
Total Project Budget $334,000 $461,000 $127,000
Project Funding
Original
Budget
2021/22
Amended
Budget Difference
General Fund $227,120 $313,480 $86,360
Parks & Trails Development Impact Fee $106,880 $147,520 $40,640 Total Project Budget $334,000 $461,000 $127,000
Maintenance of the restroom buildings is anticipated to cost approximately $19,000 and will be included in future Citywide Park Assessment District budgets.

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Attachments:

Resolution
Concept Plan
CIP Sheet
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING THE PURCHASE AND INSTALLATION OF PRE-FABRICATED

RESTROOM BUILDINGS, AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE A PURCHASE ORDER IN THE AMOUNT OF
$416,922 WITH PUBLIC RESTROOM COMPANY, THROUGH A

SOURCEWELL COOPERATIVE PURCHASING AGREEMENT FOR
CREEKSIDE PARK AND GARIN PARK RESTROOMS, CIP PROJECT NO. 352-52442 AND AMENDING THE FY 2021/22 – 2025/26 CAPITAL IMPROVEMENT PROGRAM AND THE 2021/22 OPERATING BUDGET TO ALLOW FOR THE FUNDING TRANSFERS.

WHEREAS, on October 9 and 10, 2019, the City Council participated in a strategic plan workshop to discuss the City of Brentwood draft Strategic Plan FY 2020/21 – FY 2021/22, and to direct staff on various initiatives. The City Council received financial information related to the City’s financial capacity and identified resources to fund the two-year strategic plan. During the workshop, the City Council discussed, reviewed, and provided staff with direction on various initiatives and
WHEREAS, on February 25, 2020, the City Council adopted Resolution 2020-29 to a) adopt the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22, and b) direct staff to incorporate strategic plan costs into the Operational and Capital Improvement Program (“CIP”) Budgets, as well as in the City’s tenyear General Fund Fiscal Model; and WHEREAS, the Creekside Park and Garin Park Restroom project (“Project”) was identified as a Strategic Initiative in the City of Brentwood Strategic Plan FY2020/21 – FY 2021/22; and
WHEREAS, on May 26, 2020, the City Council conducted a workshop on the draft 2020/21 – 2021/22 Operating Budget and draft General Fund Fiscal Model; and WHEREAS, on June 23, 2020, by Resolution 2020-85, City Council amended the 2019/20 Operating Budget and adopted the 2020/21 – 2021/22 Operating Budget; and WHEREAS, on July 14, 2020, the City Council adopted Resolution 2020-96 to amend the City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22; and WHEREAS, on January 26, 2021, the City Council adopted Resolution 2021-15 amending the 2020/21 Operating Budget; approving the recommended mid-year budget adjustments; and amending the 2020/21 – 2024/25 CIP; and WHEREAS, on February 9, 2021, the City Council received an update on the Amended City of Brentwood Strategic Plan FY 2020/21 – FY 2021/22 and Funding Deferred Projects Holding List; and
WHEREAS, on May 25, 2021, a City Council Workshop was held on the Mid-term Operating Budget, including the taking of public comments and obtaining City Council guidance, in anticipation of final Budget consideration on June 22, 2021; and C.9.a
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Attachment: Resolution [Revision 1] (2658 : Creekside Park and Garin Park Restrooms) WHEREAS, on June 22, 2021, the City Council adopted Resolution 2021-76 amending the 2020/21 and 2021/22 Operating Budgets and the 2021/22 – 2025/26 CIP and included reinstatement of funding for the Project; and
WHEREAS, staff solicited quotes, and Public Restroom Company was the only vendor that responded, and provided a quote within budget using a Sourcewell Cooperative Purchasing Agreement; and
WHEREAS, on January 25, 2022, the City Council referred the Project back to the Parks and Recreation Commission; and
WHEREAS, on March 24, 2022, the Parks and Recreation Commission voted to recommend the updated conceptual plan be brought back to the City Council for approval; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves the purchase and installation of pre-fabricated restroom buildings, and authorizes the City Manager or his designee to execute a purchase order in the amount of $416,922 with Public Restroom Company, through a Sourcewell Cooperative Purchasing Agreement for Creekside Park and Garin Park Restrooms, CIP Project No. 352-52442 and amending the FY 2021/22 – 2025/26 CIP and the 2021/22 Operating Budget to allow for the funding transfers.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on April 26, 2022 by the following vote:

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Attachment: Resolution [Revision 1] (2658 : Creekside Park and Garin Park Restrooms) www.PublicRestroomCompany.com
PROJECT REF#: 11074B-2/2/2022-2
2587 BUSINESS PARKWAYMINDEN NEVADA 89423P: 888-888-2060 F: 888-888-1448 OPTION ‘B’

RESTROOM BUILDING

GARIN & CREEKSIDE PARK

BRENTWOOD, CALIFORNIA
ARTIST IMPRESSION: 3D RENDERING ONLY FOR REPRESENTATION. COLORS AND MATERIALS ARE SUBJECT TO CHANGE COPYRIGHT 2021, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF PUBLIC RESTROOM COMPANY AND

SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY.

FLOOR PLAN
SCALE: NOT TO SCALE
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Attachment: Concept Plan (2658 : Creekside Park and Garin Park Restrooms)

HD ACC/RR ALL GENDER ACC/RR ALL GENDER BC BC DRINKING FOUNTAIN 8'-0" (ROOF OVERALL)
6'-8" (BUILDING) 8" 8" UTILITY CHASE ELEC. PANEL 24'-8" (ROOF OVERALL) 1'-4" 22'-0" (BUILDING OVERALL) 1'-4" 7'-4" 7'-4" 7'-4" OUTSIDE LAVATORY 22'-6" (SLAB OVERALL) 7'-2"
(SLAB OVERALL)
3 12 OUTSIDE LAVATORY WALL TILES DRINKING FOUNTAIN W/ BOTTLE FILLER HD STUCCO STONE WAINSCOT FINISH FLOOR 0'-0" T.O. CMU 8'-0" 13'-2"
1 - ELEVATION 1 SCALE:3/16"=1'-0"
2 - FLOOR PLAN SCALE: 3/16"=1'0" ELEVATION 2 SCALE:3/16"=1'-0" PROJECT #: MAX. PERSON / HOUR: REVISION # 11074B 90SHEET# START 8/31/2021 DATE: DRAWN BY: EOR REVISION DATE:
2 DRAWN BY: C O P Y R I G H T 2 0 2 1 , P U B L I C

R EST R O O M C O M PA N Y T H IS MATERIAL IS THE EXCLUSIVEP R O P E R T Y O F P U B L I CR E S T R O O M C O M P A N Y A N D

SHALL NOT BE REPRODUCED, U S E D , O R D I S C L O S E D T OO T H E R S E X C E P T A S

AUTHORIZED BY THE WRITTEN
P E R M I S S I O N O F P U B L I CR E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE:

S GARIN & CREEKSIDE PARK BRENTWOOD, CA RESTROOM BUILDING - OPTION 'B' PROJECT REF#: 11074B-2/2/2022-2 2/2/2022 EOR C.9.b Packet Pg. 72
Attachment: Concept Plan (2658 : Creekside Park and Garin Park Restrooms) City of Brentwood 2021/22 – 2025/26 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:

Creekside Park and Garin Park Restrooms 352-52442
Description/Justification:

This project will construct fully operational restrooms at Garin Park and Creekside Park. Garin Park has sports fields used by various programs and contains a highly utilized playground area that is adjacent to a school site. Creekside Park is adjacent to the Marsh Creek Trail, has tennis courts and pickle ball courts used by various programs, and is a destination park for many users.

Both of these park sites meet the criteria for needing restrooms. This project is on the Funding Deferred Projects Holding List in the City’s Strategic Plan for FY 2020/21 - FY 2021/22.

Supplemental Information:

This project is on the Funding Deferred Projects Holding List in the City’s Strategic Plan for FY 2020/21 - FY 2021/22, Focus Area 5: Community and Neighborhood Services. Adding restrooms to City parks was a top priority item brought to the City’s attention in the 2019 Parks, Trails and Recreation Master Plan Update. The future annual O & M impact consists of maintenance, restroom supplies and adding the new restrooms to the restroom and trash can servicing contract.

PROJECT EXPENDITURES Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 70239 Legal 4,000 $ 4,000
90040 Planning and Design 10,000 $ 10,000
90050 Construction 401,964 45,036 $ 447,000
TOTAL $ 415,964 $ 45,036 $ 461,000
PROJECT FUNDING Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 47100 General Fund 313,480 $ 313,480
47252 Development Impact Fees 147,520 $ 147,520
TOTAL $ 461,000 $ 461,000

PROJECT FINANCING CURRENT PROPOSED
Project Category: Parks and Trails Improvements
Location: Claremont Drive and Lawrence Lane
Project Manager: A. Wanden
Project Priority: 1E - Mandatory
Project Phase: New
Est. Completion Date: 2022/23
Future Annual
O & M Impact: $19,000
Public Art
Requirement: Exempt
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Attachment: CIP Sheet [Revision 2] (2658 : Creekside Park and Garin Park Restrooms) CITY COUNCIL AGENDA ITEM NO. 10
Meeting Date: April 26, 2022
Subject/Title: A Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2022 (Concrete Repairs), Capital Improvement Program ("CIP") Project No. 336- 31699, with TNB Contractors, Inc., as the lowest responsible and responsive bidder, in the amount of $167,900, plus a 15% contingency of $25,185, for a total not to exceed amount of $193,085.

Prepared by: Renee Payette, Project Services Specialist Aman Grewal, Associate Engineer
Submitted by: Miki Tsubota, Director of Public Works/City Engineer

PURPOSE AND RECOMMENDATION
This action allows for the City to work with a contractor to repair various locations of damaged/lifted sidewalk, curb and gutter throughout the City; providing drainage improvements for the flow of runoff water.

It is recommended that the City Council adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2022 (Concrete Repairs), CIP Project No. 336-31699 (“Project”), with TNB Contractors, Inc., as the lowest responsible and responsive bidder, in the amount of $167,900, plus a 15% contingency of $25,185, for a total not to exceed amount of $193,085.

CITY COUNCIL STRATEGIC INITIATIVES
Not applicable.

PREVIOUS ACTION
On May 25, 2021, by Resolution No. 2021-59, City Council adopted the City’s 2021/22 – 2025/26 Capital Improvement Program (“CIP”), which included the Project.

BACKGROUND
Under City Council’s direction, staff established the Pavement Management Program (“PMP”) to perform preventative maintenance for streets. The PMP extends the life of streets and prevents costly repairs. City of Brentwood (“City”) streets have been ranked as one of the top in the cities and counties of the greater San Francisco Bay Area.

Last year’s PMP included a pilot project for sidewalk repairs, which addressed raised sidewalks, curbs and gutters at various locations throughout the City. Due to the success of the pilot program, staff compiled a list of sidewalks to be repaired and included them in the current PMP.

The benefits to the City are both cost savings and consistent repairs.

The Project will remove and replace existing sidewalk, curb and gutter at various locations throughout the City.

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The Project was advertised on February 25, 2022, and bids were opened on March 29, 2022. A total of six bids were received and are listed below:

Plan Holder Bid Amount
TNB Contractors, Inc. $167,900
FJ&I Engineering, Inc. $174,500
J.J.R. Construction, Inc. $180,000
FBD Vanguard Construction, Inc. 203,729
Kerex Engineering, Inc. $230,500
Saboo, Inc. $417,750
Staff thoroughly reviewed the bids received and is recommending the award of the construction contract for the Pavement Management Program 2022 (Concrete Repairs), to TNB Contractors, Inc., for submitting the lowest, responsible and responsive bid.

FISCAL IMPACT
The bid amount is $167,900, plus a 15% contingency of $25,185, for a total not to exceed amount of $193,085. The funds associated with this work are included in the adopted 2021/22– 2025/26 CIP.

Attachments:

Resolution
Contract
CIP Budget Sheet
List of Locations
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD (“CITY”)

APPROVING THE CONTRACT DOCUMENTS, AWARDING THE BID AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A

CONSTRUCTION CONTRACT AND NECESSARY DOCUMENTS FOR THE
PAVEMENT MANAGEMENT PROGRAM 2022 (CONCRETE REPAIRS), CIP PROJECT NO. 336-31699, WITH TNB CONTRACTORS, INC., AS THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, IN THE AMOUNT OF $167,900, PLUS A 15% CONTINGENCY OF $25,185, FOR A TOTAL NOT TO EXCEED AMOUNT OF $193,085.

WHEREAS, on May 25, 2021, by Resolution No. 2021-59, City Council adopted the City’s 2021/22 – 2025/26 Capital Improvement Program (“CIP”), which included the Pavement Management Program 2022 (Concrete Repairs), CIP Project No. 336-31699 (“Project”); and WHEREAS, under City Council’s direction, staff established the Pavement Management Program (“PMP”) to perform preventative maintenance for streets, which extends the life of streets and prevents costly repairs; and
WHEREAS, last year’s PMP included a pilot project for concrete repairs, which addressed raised sidewalks, curbs and gutters at various locations throughout the City; and WHEREAS, due to the success of the pilot program, staff compiled a list of sidewalks to be repaired and included them in the annual PMP; and
WHEREAS, the Project will remove and replace existing sidewalk, handicap ramps, curb and gutter, and perform root pruning at various locations throughout the City; and WHEREAS, the Project was advertised on February 25, 2022, and bids were opened on March 29, 2022, with a total of six bids received; and
WHEREAS, staff respectfully recommends the award of a construction contract for the Pavement Management Program 2022 (Concrete Repairs), to TNB Contractors, Inc., for submitting the lowest, responsible and responsive bid.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby approve the contract documents, award the bid and authorize the City Manager or designee to execute a construction contract and necessary documents for the Pavement Management Program 2022 (Concrete Repairs), CIP Project No. 336-31699, with TNB Contractors, Inc., as the lowest responsible and responsive bidder, in the amount of $167,900, plus a 15% contingency of $25,185, for a total not to exceed amount of $193,085.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 26th day of April 2022 by the following vote:

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Attachment: Resolution (2659 : Award Contract for PMP 2022 (Concrete Repairs)) Contract
PAVEMENT MANAGEMENT PROGRAM 2022 (CONCRETE REPAIRS)
CIP Project No. 336-31699
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and TNB Contractors, Inc. (“Contractor”), for work on the Pavement Management Program 2022 (Concrete Repairs), CIP Project No. 336-31699 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On April 26, 2022, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 The following: No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $167,900 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 35 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in C.10.b
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Attachment: Contract (2659 : Award Contract for PMP 2022 (Concrete Repairs)) achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Engineering Division
150 City Park Way
Brentwood, CA 94513
925-516-5420
Attn: Aman Grewal, Associate Engineer
[email protected]
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Attachment: Contract (2659 : Award Contract for PMP 2022 (Concrete Repairs)) Contractor:

Name: TNB Contractors, Inc.

Address: 2620 E 18th Street
City/State/Zip: Antioch, CA 94509
Phone: (925) 757-3660
Attn: Brian Swisher
Email: [email protected]

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

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Attachment: Contract (2659 : Award Contract for PMP 2022 (Concrete Repairs)) The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ Tim Y. Ogden, City Manager Damien Brower, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
Margaret Wimberly MMC, City Clerk
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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Attachment: Contract (2659 : Award Contract for PMP 2022 (Concrete Repairs)) E
City of Brentwood 2021/22 – 2025/26 Capital Improvement Program Project Title: * MULTI-YEAR * Project #:

Pavement Management Program - 2022
Description/Justification:

This project will consist of pavement condition surveying of roadways every two years and then reconstructing, overlaying, surface sealing and crack sealing various roads each year as needed. The City's pavement management software selects those streets on which it is the most cost effective to perform preventative maintenance with field verification by staff. Constructing roadways is a significant investment for the City. Preventative maintenance is the best means for keeping this large investment in good, operable condition and avoids costly reconstruction.

Supplemental Information:

Staff actively pursues State and Federal funding for roadway improvements, when possible. Roads identified may require the following treatments: grind and asphalt overlay, cape sealing, slurry sealing, crack sealing and concrete curb and gutter repairs.

PROJECT EXPENDITURES Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 90040 Planning and Design 50,000 $ 50,000
90050 Construction 1,847,739 100,000 $ 1,947,739
90070 Project Administration 40,000 10,000 $ 50,000
TOTAL $ 1,937,739 $ 110,000 $ 2,047,739
PROJECT FUNDING Prior 2021/22 2022/23 2023/24 2024/25 2025/26 TOTAL 47100 General Fund 740,500 $ 740,500
47209 RMRA 1,307,239 $ 1,307,239
TOTAL $ 2,047,739 $ 2,047,739

PROJECT FINANCING CURRENT PROPOSED
Project Category: Roadway Improvements
Location: Citywide
Project Manager: A. Grewal
Project Priority: 1E - Mandatory
Project Phase: Preliminary
Est. Completion Date: 2022/23
Future Annual
O & M Impact: $0
Public Art
Requirement: Exempt
Resolution #2021-76
Meeting 6/22/2021
Item #D.3.
336-31699
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Attachment: CIP Budget Sheet (2659 : Award Contract for PMP 2022 (Concrete Repairs)) Location
Sidewalk
(SF)
Curb &
Gutter
(LF)
1 1209 Landover Ct 200 30
2 640 Piva Ct 100 20
3 3082 Mills Dr 100 25
4 1200 Landover Ct 150 65
5 612 Coconut Ct 250
6 691 Hamilton Ct 150
7 396 Chelmsford Dr 175
8 2641 Torrey Pines Dr 150
9 927 Yardley Pl 100
10 58 Cloverleaf Cir 50
11 582 Bing Ct 75
12 2565 Camelback Rd 75
13 1140 Latham Ct 125 60
14 1141 Latham Ct 60
15 398 Chaucer Dr 40
16 1321 Wintergreen Rd 100 20
17 1093 Mill Creek Way 20
18 214 Continente Ave 15
19 1654 Bedford Ct 50
20 1668 Bedford Ct 50
21 2701 Rancho Canada Dr 90
22 635 Bartlett Ct 100
23 2271 Pennheart Ct 75
24 1259 Hallmark Way 75
25 2738 St Andrews Way 50
26 346 Bloomington Dr 50
27 3099 Hudson Dr 360
28 3077 Hudson Dr 100
29 3069 Hudson Dr 100 30
30 3065 Hudson Dr 175
31 3057 Hudson Dr 100 30
32 3051 Hudson Dr 125
33 3047 Hudson Dr 100
34 3047 Hudson Dr 100
35 3041 Hudson Dr 75
36 3039 Hudson Dr 125 30
37 3037 Hudson Dr 100
38 4679 Roosevelt Dr 300 20
39 3042 Hudson Dr 150 30
40 Across from 3051 Hudson Dr 150
41 3070 Hudson Dr 150
42 3078 Hudson Dr 165

SIDEWALK, CURB & GUTTER

LOCATIONS AND QUANTITIES
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Attachment: List of Locations (2659 : Award Contract for PMP 2022 (Concrete Repairs)) CITY COUNCIL AGENDA ITEM NO. 11
Meeting Date: April 26, 2022
Subject/Title: A Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Deer Ridge Frontage Landscaping Improvements Project, CIP No. 352-52440 with Clear Cut Landscaping, Inc. in the amount of $948,593, plus a 10% contingency of $94,860, for a total not to exceed amount of $1,043,453, and amending the FY 2021/22 – 2025/26 Capital Improvement Program and the 2021/22 Operating Budget for the associated project funding transfers.

Prepared by: Joe Odrzywolski, Parks Planner
Submitted by: Bruce Mulder, Director of Parks & Recreation

PURPOSE AND RECOMMENDATION
The purpose of this action is to award a construction contract for the Deer Ridge Frontage Landscaping Improvements Project (“Project”). Construction is the next phase towards completing the transition of the fourteen (14) privately maintained parcels to being City maintained parcels. This action will also amend the Capital Improvement Program (“CIP”) and Operating Budget accordingly so that the Project receives the funding necessary to be constructed.

Staff’s recommendation is that the City Council adopt a Resolution approving the contract documents, awarding the bid and authorizing the City Manager or designee to execute a construction contract and necessary documents for the Deer Ridge Frontage Landscaping Improvements Project, CIP No. 352-52440 with Clear Cut Landscaping, Inc. in the amount of $948,593, plus a 10% contingency of $94,860, for a total not to exceed amount of $1,043,453, and amending the FY 2021/22 - 2025/26 Capital Improvement Program (CIP) and the 2021/22 Operating Budget for the associated project funding transfers.

CITY COUNCIL STRATEGIC INITIATIVE
Not applicable.

PREVIOUS ACTION
At the City Council meeting of February 25, 2020, Council Member Rarey requested a future agenda item to consider potential methods that would allow homeowners in the Deer Ridge development to annex into their current Landscape and Lighting Assessment District (“LLAD”) the landscaping entrance and park strips of the development so as to assume the maintenance costs of those areas, and to allow staff to work with the owner of the golf course to have those areas deeded to the City.

On March 10, 2020, an agenda item was presented by Council Member Rarey and there was a consensus of the Council to have staff look into methods to allow homeowners in the Deer Ridge development to annex into their current LLAD certain landscaping features at the entrance of the development and park strips so as to assume the costs of the maintenance of C.11
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those areas, and to allow staff to work with the owner of the golf course to have those areas deeded to the City.

On June 9, 2020, by Resolution 2020-73, City Council adopted the 2020/21 - 2024/25 Capital Improvement Program.

On July 14, 2020, an agenda item was presented by staff and Council provided staff with direction to return to Council with the following: Resolution(s) approving 1) a new capital improvement project, Deer Ridge Frontage Landscaping Improvements, in the amount of $508,960, for the construction of landscaping improvements to Deer Ridge frontage areas to conform to City landscape standards; 2) assumption of landscape maintenance responsibilities of fourteen (14) specific golf course frontage areas in the Deer Ridge Development currently privately owned, including the dedication of land at the Deer Ridge Entry; 3) an outline of the process for inclusion of the landscape areas into a Landscape and Lighting Assessment District (LLAD) and obtaining formal property owner approval; 4) amending the 2020/21 - 2024/25 Capital Improvement Program (CIP) to include the new project; and 5) amending the FY 2020/21 Operating Budget for the associated project funding transfers.

On January 12, 2021, by Resolution No. 2021-07, City Council approved a new capital improvement project in the amount of $102,600 for the design phase of the Project consisting of Deer Ridge Frontage Landscaping Improvements, amending the FY 2020/21 - FY 2024/25 Capital Improvement Program (CIP), and amending the FY 2020-21 Operating Budget.

On February 23, 2021, Council Member Rarey requested a future agenda item to consider partially offsetting a portion of the cost of the Engineer’s Report that would be reimbursable through the Deer Ridge LLAD.

On March 23, 2021, by Resolution No. 2021-32, City Council designated Francisco & Associates, Inc. as the Engineer of Work for Fiscal Year 2021-22.

On April 27, 2021, Vice Mayor Rodriguez requested a future agenda item to consider fully offsetting a portion of the cost of the Engineer’s Report that would be reimbursable through the Deer Ridge LLAD.

On June 22, 2021, City Council approved paying for the upfront project costs including the initial design of the improvements, development of the cost estimate to construct and maintain the improvements, the legal and assessment engineering costs to form the proposed Deer Ridge LLAD, and the preparation and mailing of the notices and ballots to affected property owners.

On June 22, 2021, by Resolution No. 2021-75, City Council declared its intention to 1) order the formation of, 2) levy and collect assessments for, 3) identify improvements to be maintained by LLAD No. 21-1 (Deer Ridge Landscape Improvements) (“LLAD No. 21-1”) for Fiscal Year 2022- 23, and 4) set August 24, 2021, as the Public Hearing date pursuant to the Landscaping and Lighting Act of 1972 and Proposition No. 218.

On August 24, 2021, City Council held the public hearing relating to the formation of LLAD No. 21-1 (Deer Ridge Landscape Improvements), accepted ballots from property owners until the conclusion of the public testimony portion of the public hearing, declared the balloting period C.11
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closed at the conclusion of the public testimony portion of the public hearing, and declared that the ballots were to be tabulated in Council chambers at 11 am on August 25th and the tabulation results would be presented to City Council on September 14, 2021.

On August 25, 2021, the LLAD No. 21-1 (Deer Ridge Landscape Improvements) ballot tabulation was conducted at 11 a.m. in City Council Chambers.

On September 14, 2021, by Resolution 2021-112, City Council declared the Results of the Property Owner Protest Ballot Proceedings Conducted for Landscape and Lighting Assessment District No. 21-1 (Deer Ridge Landscape Improvements), approving the Final Engineer’s Report, Ordering the Formation of Landscape and Lighting Assessment District No. 21-1 (Deer Ridge Landscape Improvements), and Confirming Diagrams and Levy of Assessments for Fiscal Year 2022/23.

On January 25, 2022, by Resolution 2022-10, City Council (1) approved the construction phase of the capital improvement project consisting of the Deer Ridge Frontage Landscaping Improvements, CIP No. 352-52440, per the attached CIP sheet; (2) amended the FY 2021/22 - FY 2025/26 Capital Improvement Program (CIP) to add this new Project; (3) amended the FY 2021/22 Operating Budget to allow for funding transfers; and (4) approved a long-term interfund loan in the amount of $722,476, per the Council’s Budget and Fiscal Policy, to provide capital funding for the portion of this construction cost that is the responsibility of LLAD No. 21-1 (Deer Ridge Landscape Improvements).

BACKGROUND
In January of 2021, the City Council approved the first phase of this Project, which included the initial engineering and landscape design, development of a preliminary construction cost estimate, and formation of a new Landscape and Lighting Assessment District (LLAD), eventually taking the action in June 2021 to pay the $102,600 initial upfront costs of the Project entirely from the General Fund to provide funding for this phase.

Following the actions in January 2021, staff engaged the City’s engineering consultant, BKF Engineers, to finalize the construction plans, refine the construction cost estimate and prepare bid documents, including Project specifications, for the Project to formally be put out to bid for the construction work. This Project was value engineered in an effort to keep the Project within a construction budget amount of $737,220. The Maximum Annual Assessment Rate established for LLAD No. 21-1 were based on this figure.

Following Council action in June 2021 to formally initiate the LLAD formation as prescribed by the Proposition 218 process, a Town Hall meeting was conducted by staff in July to educate the residents of the Deer Ridge neighborhood and answer questions, the Proposition 218 public hearing and balloting process was conducted in August, and in September 2021 the City Council declared the results of the property owner protest ballot proceedings by adopting Resolution No. 21-112 approving the Final Engineer’s Report, Ordering the Formation of Landscape and Lighting Assessment District LLAD No. 21-1 (Deer Ridge Landscape Improvements), and Confirming Diagrams and Levy of Assessments for Fiscal Year 2022/23.

At the January 25, 2022 meeting, City Council (1) approved the construction phase of the capital improvement project consisting of the Deer Ridge Frontage Landscaping Improvements, C.11
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CIP No. 352-52440, per the attached CIP sheet; (2) amended the FY 2021/22 - FY 2025/26 Capital Improvement Program (CIP) to add this new Project; (3) amended the FY 2021/22 Operating Budget to allow for funding transfers; and (4) approved a long-term interfund loan in the amount of $722,476, per the Council’s Budget and Fiscal Policy, to provide capital funding for the portion of this construction cost that is the responsibility of LLAD No. 21-1 (Deer Ridge Landscape Improvements).

It was understood at this time that should the City proceed with the construction of the new landscape improvements, 98% of the construction costs estimate of $737,220 would be repaid by the affected property owners over a 10-year period in equal annual installments with no interest. The remaining 2% of the estimated cost for the construction of the new landscape improvements is considered general benefit attributed to benefit conferred to the public at large and therefore will remain City responsibility. Per City Council Budget and Fiscal Policy and with this action, City Council approved a long-term interfund loan in the amount of $722,476 to provide the capital funding for the portion of the construction costs for which LLAD No. 21-1 is responsible. $722,476 of the construction cost will be paid by property owners within LLAD No. 21-1 (Deer Ridge Landscape Improvements) over a 10-year period and the remaining $14,744 will be funded by the General Fund.

Formal bid documents were made available to the public on February 9, 2022 and the bid opening was scheduled for March 10, 2022. A total of five (5) bids were received on the bid date as follows:

Contractor Total of Bid
Clean Cut Landscape, Inc. $ 948,592.50
WABO Landscape & Construction $1,001,386.60
Marina Co. $1,128,679.96
NBC Construction & Engineering Inc. $1,508,403.89
Saboo, Inc. $1,544,801.50
In conformance with the Public Contract Code, staff recommends the award of the construction of the Deer Ridge Frontage Landscaping Improvements Project, CIP Project No. 352-52440 to Clean Cut Landscape, Inc. as being a responsible and responsive bidder for a contract amount of $948,593, plus a 10% contingency of $94,860, for a total not to exceed amount of $1,043,453.

Since this contract amount and contingency is $306,233 above the previously anticipated construction costs on which the Maximum Annual Assessment Rate for LLAD No. 21-1 was based in early 2021, and the assessment rate for the LLAD cannot be increased, this additional construction cost will have to be borne by the General Fund should the City Council wish to approve the Project and award this contract. In addition, the project engineering consultant incurred additional unexpected costs of $7,500 in the evaluation and design for the engineering of the fountain feature that is part of this project.

FISCAL IMPACT
The estimated cost originally approved by Council for the initial design of the new Project Deer Ridge landscape improvements and costs associated with the formation of LLAD No. 21-1 (Deer Ridge Landscape Improvements) was $102,600. This work has been completed and was C.11
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paid by the City in Fiscal Year 2020/21. There is an outstanding additional cost of $7,500 for the design of the fountain feature that is addressed in this CIP budget amendment, bringing the City’s contribution to the design costs of this Project to $110,100.

The cost estimate for construction of the new landscape improvements as provided by BKF Engineers was $737,220. This is the amount that the Maximum Annual Assessment Rate of the LLAD was based upon in the Engineer’s Report for LLAD No. 21-1 (Deer Ridge Landscape Improvements). As previously approved, the City will provide an interfund loan to No. LLAD 21-1 for its portion of the construction costs of the Project in the amount of $722,476. The General Fund portion of this cost is $14,744.

As the lowest bid came in higher than the approved budgeted amount, it will be necessary to amend the CIP and Operating budgets to move forward with this construction project. The contribution made by LLAD No. 21-1 cannot exceed the $722,476 amount that was approved based on the Maximum Annual Assessment Rate in the Engineer’s Report for No. LLAD 21-1 (Deer Ridge Landscape Improvements). The additional construction amount and contingency, in the amount of $306,233, will need to be funded by the General Fund.

In summary, if the contract is awarded and CIP and Operating Budget amendments are approved, the additional General Fund cost will be 1) $7,500 for additional cost during the initial design phase of this project, and 2) $306,233 to cover the remaining construction cost and construction contingency for a total additional cost of $313,733.

Attachments:

Deer Ridge Award of Contract - Resolution - JO 04.26.22 Contract
Deer Ridge CIP Sheet updated 4-12-2022 CQ
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD

APPROVING THE CONTRACT DOCUMENTS, AWARDING THE BID AND

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A

CONSTRUCTION CONTRACT AND NECESSARY DOCUMENTS FOR THE

DEER RIDGE FRONTAGE LANDSCAPING IMPROVEMENTS PROJECT, CIP NO. 352-52440 WITH CLEAR CUT LANDSCAPING, INC. IN THE AMOUNT OF $948,593, PLUS A 10% CONTINGENCY OF $94,860, FOR A TOTAL NOT TO EXCEED AMOUNT OF $1,043,453, AND AMENDING THE FY 2021/22 – 2025/26 CAPITAL IMPROVEMENT PROGRAM AND THE 2021/22

OPERATING BUDGET FOR THE ASSOCIATED PROJECT FUNDING
TRANSFERS.

WHEREAS, at the City Council meeting of February 25, 2020, Council Member Rarey requested a future agenda item to consider potential methods that would allow homeowners in the Deer Ridge development to annex into their current Landscape and Lighting Assessment District (“LLAD”) the landscaping entrance and park strips of the development so as to assume the maintenance costs of those areas, and to allow staff to work with the owner of the golf course to have those areas deeded to the City; and
WHEREAS, on March 10, 2020, an agenda item was presented by Council Member Rarey and there was a consensus of the Council to have staff look into methods to allow homeowners in the Deer Ridge development to annex into their current LLAD certain landscaping features at the entrance of the development and park strips so as to assume the costs of the maintenance of those areas, and to allow staff to work with the owner of the golf course to have those areas deeded to the City; and
WHEREAS, on June 9, 2020, by Resolution 2020-73, City Council adopted the 2020/21 – 2024/25 Capital Improvement Program (“CIP”); and
WHEREAS, on July 14, 2020, an agenda item was presented by staff and Council provided staff with direction to return to Council with the following: Resolution(s) approving 1) a new CIP, Deer Ridge Frontage Landscaping Improvements (“Project”), in the amount of $508,960, for the construction of landscaping improvements to Deer Ridge frontage areas to conform to City landscape standards; 2) assumption of landscape maintenance responsibilities of fourteen (14) specific golf course frontage areas in the Deer Ridge Development currently the responsibility of SunCoast Properties, Inc., including the dedication of land at the Deer Ridge Entry, currently owned by SunCoast Properties, Inc.; 3) an outline of the process for inclusion of the landscape areas into a LLAD and obtaining formal property owner approval; 4) amending the 2020/21 - 2024/25 CIP to include the new Project; and 5) amending the FY 2020/21 Operating Budget for the associated Project funding transfers.

WHEREAS, on January 12, 2021, by Resolution No. 2021-07, City Council approved a new CIP in the amount of $102,600 for the design phase of the Project, amending the FY 2020/21 – FY 2024/25 CIP, and amending the FY 2020-21 Operating Budget; and WHEREAS, on February 23, 2021, Council Member Rarey requested a future agenda item to consider partially offsetting a portion of the cost of the Engineer’s Report that would be reimbursable through the Deer Ridge LLAD; and
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Attachment: Deer Ridge Award of Contract - Resolution - JO 04.26.22 [Revision 7] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352- WHEREAS, on April 27, 2021, Vice Mayor Rodriguez requested a future agenda item to consider fully offsetting a portion of the cost of the Engineer’s Report that would be reimbursable through the Deer Ridge LLAD; and
WHEREAS, on June 22, 2021, City Council approved paying for the upfront Project costs including the initial design of the improvements, development of the cost estimate to construct and maintain the improvements, the legal and assessment engineering costs to form the proposed Deer Ridge LLAD, and the preparation and mailing of the notices and ballots to affected property owners; and
WHEREAS, on August 24, 2021, City Council held the public hearing relating to the formation of LLAD No. 21-1 (Deer Ridge Landscape Improvements) (“LLAD No. 21-1”), accepted ballots from property owners until the conclusion of the public testimony portion of the public hearing, declared the balloting period closed at the conclusion of the public testimony portion of the public hearing, and declared that the ballots were to be tabulated in Council chambers at 11 am on August 25th and the tabulation results would be presented to City Council on September 14, 2021; and
WHEREAS, on August 25, 2021, the LLAD No. 21-1 ballot tabulation was conducted at 11 a.m. in City Council Chambers; and
WHEREAS, on September 14, 2021, by Resolution 2021-112, City Council declared the Results of the Property Owner Protest Ballot Proceedings Conducted for LLAD No. 21-1 (Deer Ridge Landscape Improvements), approving the Final Engineer’s Report, Ordering the Formation of LLAD No. 21-1, and Confirming Diagrams and Levy of Assessments for Fiscal Year 2022/23; and
WHEREAS, approval of this CIP Project provides funding through a long-term interfund loan in the amount of $722,476 for the portion of the Project construction cost to be repaid by property owners within LLAD No. 21-1 over a 10-year period; and funding in the amount of $14,744 to be provided by the General Fund; and
WHEREAS, the City’s engineering consultant prepared the requisite landscape construction plans, Project specifications, cost estimate and bid documents for City staff to conduct a formal bid process to select a contractor for the construction of the Project; and WHEREAS, on January 25, 2022, by Resolution 2022-10, City Council (1) approved the construction phase of CIP No. 352-52440, per the attached CIP sheet; (2) amended the FY 2021/22 – FY 2025/26 CIP to add this new Project; (3) amended the FY 2021/22 Operating Budget to allow for funding transfers; and (4) approved a long-term interfund loan in the amount of $722,476, per the Council’s Budget and Fiscal Policy, to provide capital funding for the portion of this construction cost that is the responsibility of LLAD No. 21-1; and WHEREAS, formal bid documents were made available to the public on February 9, 2022 and the bid opening was scheduled for March 10, 2022; and WHEREAS, a total of five (5) bids were received on the March 10, 2022 deadline; and WHEREAS, Clear Cut Landscaping, Inc. submitted the lowest, responsible and responsive bid;
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Attachment: Deer Ridge Award of Contract - Resolution - JO 04.26.22 [Revision 7] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352- NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood, approves the contract documents, awards the bid and authorizes the City Manager or designee to execute a construction contract and necessary documents for the Deer Ridge Frontage Landscaping Improvements Project, CIP No. 352-52440 with Clear Cut Landscaping, Inc. in the amount of $948,593, plus a 10% contingency of $94,860, for a total not to exceed amount of $1,043,453, and amending the FY 2021/22 – 2025/26 Capital Improvement Program (CIP) for the updated CIP sheet and the 2021/22 Operating Budget for the associated project funding transfers.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held the 26th day of April, 2022 by the following vote:

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Attachment: Deer Ridge Award of Contract - Resolution - JO 04.26.22 [Revision 7] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352- Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and Clear Cut Landscape Inc. (“Contractor”), for work on the Deer Ridge Frontage Landscaping Project, CIP Project No. 352-52440 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On April 26, 2022, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $948,592.50 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 90 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

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Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440)

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:
150 City Park Way
Brentwood, CA 94513
925.516.5444
Attn: Aaron Wanden, Park Maintenance Manager
Email: [email protected]
Copy to: Tammy Homan, Management Analyst at [email protected] Contractor:

Clean Cut Landscape Inc.
8406 N. Armstrong Avenue
Clovis, CA 93619
559.322.2041
Attn: Karry Wendel, President
Email: [email protected]
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Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440)

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

Signatures on the following page
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Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) The parties agree to this Contract as witnessed by the signatures below:

CONTRACTOR:
* By:

Karry Wendel, President
** By:

Mai Lee Vang, Secretary
CITY:

By:

Tim Y. Ogden, City Manager
ATTEST:

By:

Margaret Wimberly, City Clerk
APPROVED AS TO FORM:

By:

Damien Brower, City Attorney
If required by City, proper notarial acknowledgment of execution by Consultant must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. **Group B.

Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. ___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s) C.11.b
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Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440)

CONTRACT DOCUMENTS
FOR

DEER RIDGE FRONTAGE LANDSCAPING

IMPROVEMENTS
CIP PROJECT NO. 352-52440
Bid Opening:

Thursday, March 10, 2022 at 2 p.m.

Location of Bid Submittal:

City Clerk
Brentwood City Hall
150 City Park Way
Brentwood, CA 94513
Approved by: Bruce Mulder
Director of Parks and Recreation
_____________ 2/9/2022
Signature Date
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Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) i

TABLE OF CONTENTS
Notice Inviting Bids ....................................................................................................................... 1 Instructions to Bidders ................................................................................................................. 3 Bid Proposal................................................................................................................................... 9 Bid Schedule................................................................................................................................ 11 Subcontractor List....................................................................................................................... 13 Noncollusion Declaration ........................................................................................................... 14 Bid Bond....................................................................................................................................... 15 Bidder’s Questionnaire ............................................................................................................... 17 Contract........................................................................................................................................ 20 Payment Bond.............................................................................................................................. 24 Performance Bond ...................................................................................................................... 26 General Conditions ..................................................................................................................... 28 Article 1 - Definitions................................................................................................................... 28 Definitions.................................................................................................................................. 28 Article 2 - Roles and Responsibilities ....................................................................................... 30

2.1 City ................................................................................................................................ 30

2.2 Contractor...................................................................................................................... 31

2.3 Subcontractors .............................................................................................................. 33

2.4 Coordination of Work..................................................................................................... 34

2.5 Submittals...................................................................................................................... 35

2.6 Shop Drawings .............................................................................................................. 35 Article 3 - Contract Documents.................................................................................................. 36

3.1 Interpretation of Contract Documents ........................................................................... 36

3.2 Order of Precedence..................................................................................................... 37

3.3 Caltrans Standard Specifications .................................................................................. 37

3.4 For Reference Only ....................................................................................................... 38

3.5 Current Versions ........................................................................................................... 38

3.6 Conformed Copies ........................................................................................................ 38 Article 4 - Bonds, Indemnity, and Insurance ............................................................................ 38

4.1 Payment and Performance Bonds ................................................................................ 38

4.2 Indemnity....................................................................................................................... 39

4.3 Insurance....................................................................................................................... 39 Article 5 - Contract Time ............................................................................................................. 41

5.1 Time is of the Essence.................................................................................................. 41

5.2 Schedule Requirements................................................................................................ 42

5.3 Delay and Extensions of Contract Time........................................................................ 43

5.4 Liquidated Damages ..................................................................................................... 46 Article 6 - Contract Modification ................................................................................................ 47

6.1 Contract Modification..................................................................................................... 47

6.2 Contractor Change Order Requests ............................................................................. 48

6.3 Adjustments to Contract Price....................................................................................... 49

6.4 Unilateral Change Order ............................................................................................... 50

6.5 Non-Compliance Deemed Waiver................................................................................. 50 Article 7 - General Construction Provisions............................................................................. 50

7.1 Permits, Fees, Business License, and Taxes ............................................................... 50

7.2 Temporary Facilities ...................................................................................................... 50

7.3 Noninterference and Site Management ........................................................................ 51

7.4 Signs.............................................................................................................................. 51

7.5 Project Site and Nearby Property Protections. ............................................................. 51

7.6 Materials and Equipment............................................................................................... 53

7.7 Substitutions.................................................................................................................. 53

7.8 Testing and Inspection .................................................................................................. 54 C.11.b
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7.9 Project Site Conditions and Maintenance ..................................................................... 55

7.10 Instructions and Manuals .............................................................................................. 56

7.11 As-built Drawings .......................................................................................................... 57

7.12 Existing Utilities ............................................................................................................. 57

7.13 Notice of Excavation...................................................................................................... 57

7.14 Trenching and Excavations of Four Feet or More......................................................... 58

7.15 Trenching of Five Feet or More..................................................................................... 58

7.16 New Utility Connections ................................................................................................ 58

7.17 Lines and Grades. ......................................................................................................... 59

7.18 Historic or Archeological Items...................................................................................... 59

7.19 Environmental Control................................................................................................... 59

7.20 Noise Control................................................................................................................. 59

7.21 Mined Materials. ............................................................................................................ 60 Article 8 - Payment ...................................................................................................................... 60

8.1 Schedule of Values ....................................................................................................... 60

8.2 Progress Payments ....................................................................................................... 60

8.3 Adjustment of Payment Application .............................................................................. 60

8.4 Early Occupancy. .......................................................................................................... 61

8.5 Retention ....................................................................................................................... 61

8.6 Payment to Subcontractors and Suppliers.................................................................... 62

8.7 Final Payment ............................................................................................................... 62

8.8 Release of Claims ......................................................................................................... 63

8.9 Warranty of Title ............................................................................................................ 63 Article 9 - Labor Provisions........................................................................................................ 63

9.1 Discrimination Prohibited............................................................................................... 63

9.2 Labor Code Requirements ............................................................................................ 63

9.3 Prevailing Wages .......................................................................................................... 63

9.4 Payroll Records ............................................................................................................. 64

9.5 Labor Compliance ......................................................................................................... 64 Article 10 - Safety Provisions..................................................................................................... 64

10.1 Safety Precautions and Programs ................................................................................ 64

10.2 Hazardous Materials ..................................................................................................... 65

10.3 Material Safety .............................................................................................................. 65

10.4 Hazardous Condition..................................................................................................... 66

10.5 Emergencies ................................................................................................................. 66 Article 11 - Completion and Warranty Provisions.................................................................... 66

11.1 Final Completion ........................................................................................................... 66

11.2 Warranty........................................................................................................................ 67

11.3 Use Prior to Final Completion ....................................................................................... 68

11.4 Substantial Completion ................................................................................................. 68 Article 12 - Dispute Resolution .................................................................................................. 68

12.1 Claims............................................................................................................................ 68

12.2 Claims Submission........................................................................................................ 69

12.3 City’s Response ............................................................................................................ 70

12.4 Meet and Confer............................................................................................................ 71

12.5 Mediation and Government Code Claims ..................................................................... 71

12.6 Tort Claims .................................................................................................................... 72

12.7 Arbitration ...................................................................................................................... 72

12.8 Burden of Proof and Limitations.................................................................................... 72

12.9 Legal Proceedings......................................................................................................... 72

12.10 Other Disputes .............................................................................................................. 72 Article 13 - Suspension and Termination.................................................................................. 72

13.1 Suspension for Cause................................................................................................... 72

13.2 Suspension for Convenience ........................................................................................ 73

13.3 Termination for Default.................................................................................................. 73

13.4 Termination for Convenience ........................................................................................ 74 C.11.b
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13.5 Actions Upon Termination for Default or Convenience................................................. 75 Article 14 - Miscellaneous Provisions ....................................................................................... 76

14.1 Assignment of Unfair Business Practice Claims ........................................................... 76

14.2 Provisions Deemed Inserted ......................................................................................... 76

14.3 Waiver ........................................................................................................................... 76

14.4 Titles, Headings, and Groupings................................................................................... 76

14.5 Statutory and Regulatory References ........................................................................... 76

14.6 Survival.......................................................................................................................... 77 Special Conditions ...................................................................................................................... 78 Technical Specifications
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Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 NOTICE INVITING BIDS CIP Project No. 352-52440 Page 1
Notice Inviting Bids

1. Bid Submission. The City of Brentwood (“City”) will accept sealed bids for its Deer Ridge Frontage Landscaping Improvements Project, CIP Project No. 352-52440 (“Project”), by or before March 10, 2022, at 2:00 p.m., at its City Clerk’s office, located on the third floor at 150 City Park Way, Brentwood, California, 94513. The bids will be publicly opened and read aloud in the City Council Chambers on the first floor of Brentwood City Hall, 150 City Park Way, Brentwood, CA 94513. Anyone attending the bid opening must wear a face mask and adhere to the County’s social distancing requirements.

2. Project Information.

2.1 Location and Description. The Project is located in the Deer Ridge subdivision, in the southwestern area off of Balfour Road in Brentwood and is described as follows: Furnishing all labor, materials, equipment and services for the Deer Ridge Frontage Landscaping Improvements Project, including all irrigation and associated electrical auxiliaries; all trenching and backfilling; all piping; all paving; all structural facilities, all site work and grading; and all miscellaneous work as shown, specified or required for a complete, operational installation.

2.2 Time for Final Completion. The Project must be fully completed within 90 working days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about May 2, 2022, but the anticipated start date is provided solely for convenience and is neither certain nor binding.

3. License and Registration Requirements.

3.1 License. This Project requires a valid California contractor’s license for the following classification(s): Class “A” General Engineering Contractor.

3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

4. Contract Documents. Bidders must obtain an electronic copy of the plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract Documents”) directly from the City. The Contract Documents may be obtained at no charge by sending an email to: [email protected] or by calling 925.516.5444.

5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, and any other submittals required by the Contract Documents, including information regarding local purchases and local labor if required by the Instructions to Bidders, using the form provided with the Notice of Potential Award, and as specified in the Notice of Potential Award.

6. Prevailing Wage Requirements.

6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is C.11.b
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to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

6.2 Rates. The prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4.

7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents.

8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300.

9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents.

10. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids.

11. Specific Brands. Pursuant to referenced provision(s) of Public Contract Code § 3400(c), City has found that the following specific brands are required for the following particular material(s), product(s), thing(s), or service(s), and no substitutions will be considered or accepted:

Item: Required brand: Reference:

Main Gear/Meter/Distribution Panel/Outlet Millbank City Standard I-21 (100A 3-Phase 120/208V 22KA)
DX3 Irrigation Controller and Cabinet “A” Rainmaster Bid Schedule DX3 Panel Upgrade at Existing Controller Rainmaster Bid Schedule Solar Irrigation Controller on 48” Column
& Cabinet Leit Bid Schedule
By: ___________________________________ Date: ________________ Margaret Wimberly, City Clerk
Publication Date: February 9, 2022

END OF NOTICE INVITING BIDS
February 9, 2022
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Instructions to Bidders
Each Bid Proposal submitted to the City of Brentwood (“City”) for its Deer Ridge Frontage Landscaping Improvements (“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

1.1 General. Each Bid Proposal must be signed, sealed and submitted to City, using the form provided in the Contract Documents, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead.

1.2 Bid Envelope. The envelope containing the sealed Bid Proposal and all required forms and attachments must be clearly labeled and addressed as follows:

BID PROPOSAL:

Deer Ridge Frontage Landscaping Improvements Project
CIP Project No. 352-52440
150 City Park Way
Brentwood, CA 94513
Attn: City Clerk
The envelope must also be clearly labeled, as follows, with the bidder’s name, address, and its registration number with the California Department of Industrial Relations (“DIR”) for bidding on public works contracts (Labor Code §§ 1725.5 and 1771.1):
[Contractor company name]
[street address]
[city, state, zip code]
DIR Registration No: ______________

1.3 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder and return its bid unopened. (Labor Code §§ 1725.5 and 1771.1(a).)

2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed in ink using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed C.11.b
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Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents, and any other required enclosures, as applicable.

3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporations Code § 313.

4. Bid Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check or certified check, made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; and submit the insurance certificates and endorsements and any other submittals required by the Contract Documents, including information regarding local purchases and local labor if required by these Instructions to Bidders, using the form provided with the Notice of Potential Award, and as specified in the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq.

5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Joe Odrzywolski, Parks Planner, at [email protected]. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum.

6. Pre-Bid Investigation.

6.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City.

6.2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City.

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6.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during Project construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures.

6.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements before submitting a Bid Proposal.

7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for.

However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders.

8. Addenda. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check City’s website periodically for any addenda or updates on the Project at:
http://www.brentwoodca.gov/gov/pw/cip/default.asp.

9. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c).

10. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City at 150 City Park Way, Brentwood, CA 94513 or sent via email at [email protected] before 5:00 p.m. no later than two Working Days following bid opening (“Bid Protest Deadline”) and must comply with the following requirements:

10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to C.11.b
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submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified.

For purposes of this Section 10, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b).

10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder.

10.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline.

10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder.

10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

10.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

10.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination.

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11. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the City’s expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs.

12. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the apparent low bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable.

13. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within ten (10) days following City’s issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work.

14. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project.

15. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707.

16. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal.

16.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq.

C.11.b
Packet Pg. 105 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 INSTRUCTIONS TO BIDDERS CIP Project No. 352-52440 Page 8

16.2 Estimated Quantities. Unless identified as a “Final Pay Quantity,” the quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity.

17. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible.

END OF INSTRUCTIONS TO BIDDERS
C.11.b
Packet Pg. 106 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BID PROPOSAL CIP Project No. 352-52440 Page 9
Bid Proposal
DEER RIDGE FRONTAGE LANDSCAPING IMPROVEMENTS, CIP PROJECT NO. 352-52440 ______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to the City of Brentwood (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice.

1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead for the following price (“Base Bid”):
$_______________________________________________________.

2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received:
#01 _____________ #05 _____________
#02 _____________ #06 _____________
#03 _____________ #07 _____________
#04 _____________ #08 _____________

3. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following:

3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104.

3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location.

3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time.

3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge.

3.5 Nondiscrimination. In preparing this bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status.

3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

C.11.b
Packet Pg. 107 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BID PROPOSAL CIP Project No. 352-52440 Page 10

4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following:

4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents;

4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents;

4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents; and

4.4 Local Purchase and Labor Information (If Required). Submit to City information regarding expected local purchases and local labor for the Project, if required by the Instructions to Bidders, using the form provided with the Notice of Potential Award.

5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one):
____ A cashier’s check or certified check payable to City and issued by _______________________________ [Bank name] in the amount of $____________________________.
____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California.

This Bid Proposal is hereby submitted on _________________________, 2022. s/ ___________________________________ ______________________________________ Name and Title
s/ ___________________________________ ______________________________________ [See Section 3 of Instructions to Bidders] Name and Title _____________________________________ ______________________________________ Company Name License #, Expiration Date, and Classification _____________________________________ ______________________________________ Address DIR Registration #
_____________________________________ ______________________________________ City, State, Zip Phone
_____________________________________ ______________________________________ Contact Name Contact Email

END OF BID PROPOSAL
C.11.b
Packet Pg. 108 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BID SCHEDULE CIP Project No. 352-52440 Page 11
Bid Schedule
This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.

AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) BID
ITEM
NO.

ITEM DESCRIPTION EST.

QTY. UNIT UNIT
COST

EXTENDED

TOTAL AMOUNT

PROJECT COMMENCEMENT
100 Mobilization 1 LS $ $
101 Traffic Control System &
Construction Areas Signs 1 LS $ $
102 Construction Staking 1 LS $ $
103 Water Pollution Control 1 LS $ $

DEMOLITION/REMOVAL
200 Clearing and Grubbing 38,887 SF $ $
201 Remove Concrete Curb and Gutter 50 LF $ $
202 Remove Concrete Flatwork 300 SF $ $
203 Tree Removal and Disposal 4 EA $ $

HARDSCAPE IMPROVEMENTS
300 Concrete Curb and Gutter 50 LF $ $
301 Concrete Sidewalk 300 SF $ $
302 Interlocking Pavers 1,292 SF $ $
303 12” Concrete Mowing Strip
(City Standard L-9) 81 LF $ $

ASPHALT IMPROVEMENTS
400 Hot Mixed Asphalt (HMA) – Trench
Restoration 525 SF $ $

ELECTRICAL IMPROVEMENTS
500 Main Gear/Meter/Dist Panel/Outlet
(100A 3-Phase 120/208V 22KA) 1 EA $ $
501 Distribution Circuit Breaker Panel
(100A 3-Phase 120/208V 22KA) 1 EA $ $
502 Startup/Commissioning/PG&E
Charges 1 EA $ $
503 Cables, Conduits, Horizontal Drilling,
Trenching, Bollards 1 LS $ $
C.11.b
Packet Pg. 109 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BID SCHEDULE CIP Project No. 352-52440 Page 12
BID
ITEM
NO.

ITEM DESCRIPTION EST.

QTY. UNIT UNIT
COST

EXTENDED

TOTAL AMOUNT

UTILITY IMPROVEMENTS
600 5/8 Inch Water Meter
(City Standard W-6) 6 EA $ $
601 1” Water Meter
(City Standard W-6) 1 EA $ $
602 Type K Copper Pipe 175 LF $ $
603 Connection to Water Main
(City Standard W-5) 6 EA $ $

LANDSCAPE IMPROVEMENTS
700 Soil Amendment & Prep 37,585 SF $ $
701 Planting 1 Gallon 1,686 EA $ $
702 Mulch 315 CY $ $
703 15 Gallon Trees 11 EA $ $
704 Sod 3,575 SF $ $
705 New and Renovated Irrigation 37,585 SF $ $
706 Rainmaster DX3 Irrigation Controller
and Cabinet “A” 1 EA $ $
707 Rainmaster DX3 Panel Upgrade at
Existing Controller 1 EA $ $
708 Leit Solar Irrigation Controller on 48”
Column and Cabinet 7 EA $ $
709 Flow Sensor and Master Valve for
New DX3 Controller “A” 1 EA $ $
710 Irrigation Backflow Preventer
(City Standard W-8) 6 EA $ $

FOUNTAIN IMPROVEMENTS
800 Pump Controller (10HP) 2 EA $ $
801 Lighting Fixtures (10 total per plan) 1 LS $ $
802 Demolition of Existing Electrical
Equipment 1 LS $ $
803 Pond Plumbing and Sealing 1 LS $ $
804 Startup/Commissioning 1 EA $ $
*Final Pay Quantity
TOTAL BASE BID: Items 100 through 804 inclusive: $_____________________________________ Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form.

BIDDER NAME: ________________________________________________________________

END OF BID SCHEDULE
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Packet Pg. 110 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 SUBCONTRACTOR LIST CIP Project No. 352-52440 Page 13
Subcontractor List
For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price.

DESCRIPTION

OF WORK

SUBCONTRACTOR
NAME

CALIFORNIA

CONTRACTOR
LICENSE NO.

LOCATION OF

BUSINESS
DIR REG. NO. PERCENT
OF
WORK

END OF SUBCONTRACTOR LIST
1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more.

C.11.b
Packet Pg. 111 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 NONCOLLUSION DECLARATION CIP Project No. 352-52440 Page 14
Noncollusion Declaration

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the __________________________ [title] of _____________________________________ [business name], 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.

This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112.

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]. s/________________________________________
__________________________________________
Name [print]

END OF NONCOLLUSION DECLARATION
C.11.b
Packet Pg. 112 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BID BOND
CIP Project No. 352-52440 Page 15
Bid Bond
________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to the City of Brentwood (“City”) for work on the Deer Ridge Frontage Landscaping Improvement Project, CIP Project No. 352- 52440 (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ____________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:

1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid.

2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following:

2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”);

2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents;

2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; and

2.4 Insurance/Other. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required by the Instructions to Bidders or Notice of Potential Award, including the submittal for local purchase and local labor information, if required by the Instructions to Bidders, using the form provided with the Notice of Potential Award.

3. Enforcement. If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise, it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first.

Surety waives the provisions of Civil Code §§ 2819 and 2845. [Signatures are on the following page.]
C.11.b
Packet Pg. 113 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BID BOND
CIP Project No. 352-52440 Page 16
This Bid Bond is entered into and effective on ___________________, 20_____.

SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title

END OF BID BOND
C.11.b
Packet Pg. 114 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BIDDER’S QUESTIONNAIRE CIP Project No. 352-52440 Page 17
Bidder’s Questionnaire

DEER RIDGE FRONTAGE LANDSCAPING IMPROVEMENTS PROJECT
Within 48 hours following a request by City, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid.

Part A: General Information
Bidder Business Name: _______________________________________________ (“Bidder”) Check One: ___ Corporation (State of incorporation: ___________________) ___ Partnership
___ Sole Proprietorship
___ Joint Venture of: __________________________________ ___ Other:___________________________________________
Main Office Address and Phone: ______________________________________ ________________________________________________________________ Local Office Address and Phone: _____________________________________ ________________________________________________________________ Website address: __________________________________________________ Owner of Business: ________________________________________________ Contact Name and Title:_____________________________________________ Contact Phone and Email: ___________________________________________ Bidder’s California Contractor’s License Number(s): _______________________ Bidder’s DIR Registration Number: ____________________________________ Part B: Bidder Experience

1. How many years has Bidder been in business under its present business name? ____ years

2. Has Bidder completed projects similar in type and size to this Project as a general contractor? _____ Yes _____ No

3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or disbarred from bidding under state or federal law? _____ Yes _____ No
C.11.b
Packet Pg. 115 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BIDDER’S QUESTIONNAIRE CIP Project No. 352-52440 Page 18
If yes, provide additional information on a separate sheet regarding the disqualification or disbarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or disbarred, and the month and year in which the disqualification or disbarment occurred.

4. Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? _____ Yes _____ No
If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred.

5. Provide information about Bidder’s past projects performed as general contractor as follows:

5.1 Six most recently completed public works projects within the last three years;

5.2 Three largest completed projects within the last three years; and

5.3 Any project which is similar to this Project including scope and character of the work.

6. Use separate sheets to provide all of the following information for each project identified in response to the above three categories:

6.1 Project name, location, and description;

6.2 Owner (name, address, email, and phone number);

6.3 Prime contractor, if applicable (name, address, email, and phone number);

6.4 Architect or engineer (name, email, and phone number);

6.5 Project and/or construction manager (name, email, and phone number);

6.6 Scope of work performed (as general or as subcontractor);

6.7 Initial contract price and final contract price (including change orders);

6.8 Original scheduled completion date and actual date of completion;

6.9 Time extensions granted (number of days);

6.10 Number and amount of stop notices or mechanic’s liens filed;

6.11 Amount of any liquidated damages assessed against Bidder; and

6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder.

Part C: Safety

1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years:

Year EMR

2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year:

2.1 Number of lost workday cases: ____

2.2 Number of medical treatment cases: ____

2.3 Number of deaths: ____
C.11.b
Packet Pg. 116 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 BIDDER’S QUESTIONNAIRE CIP Project No. 352-52440 Page 19

3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety?
_____ Yes _____ No
If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred.

4. Name, title, and email for person responsible for Bidder’s safety program:
_________________________________________ ______________________ Name Title Email
Part D: Verification
In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature: ______________________________ Date: ________________ By: _______________________________________________________________ Name and Title
END OF BIDDER’S QUESTIONNAIRE
C.11.b
Packet Pg. 117 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 CONTRACT
CIP Project No. 352-52440 Page 20
Contract
This public works contract (“Contract”) is entered into by and between the City of Brentwood (“City”) and _______________________________________ (“Contractor”), for work on the Deer Ridge Frontage Landscaping Project, CIP Project No. 352-52440 (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On _____________, 2022, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 No other documents

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $___________________ (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 90 working days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1,000 per day for each day of unexcused delay in achieving C.11.b
Packet Pg. 118 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 CONTRACT
CIP Project No. 352-52440 Page 21
Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:
150 City Park Way
Brentwood, CA 94513
925.516.5444
Attn: Aaron Wanden, Park Maintenance Manager
[email protected]
Copy to: Tammy Homan, Management Analyst at [email protected] C.11.b
Packet Pg. 119 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 CONTRACT
CIP Project No. 352-52440 Page 22
Contractor:

Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

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CIP Project No. 352-52440 Page 23
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ ________________________________ ___________________________________ Tim Y. Ogden, City Manager Damien B. Brower, City Attorney Date: ___________________________ Date: ______________________________ Attest:
s/_______________________________
_________________________________
Margaret Wimberly, City Clerk
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT
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Payment Bond
The City of Brentwood (“City”) and ________________________ (“Contractor”) have entered into a contract for work on the Deer Ridge Frontage Landscaping Improvements Project, CIP Project No. 352-52440 (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________

6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the <__________________> County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]
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7. Effective Date; Execution. This Bond is entered into and is effective on __________, 2022.

SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Tim Y. Ogden, City Manager Date

END OF PAYMENT BOND
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Performance Bond
The City of Brentwood (“City”) and __________________________ (“Contractor”) have entered into a contract for work on the Deer Ridge Frontage Landscaping Improvements Project, CIP Project No. 352-52440 (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.

2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void. Otherwise, Surety’s obligations will remain in full force and effect.

3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.

4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.

5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:

5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or

5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.

6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: _____________________________________________________ C.11.b
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Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the <___________> County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 2022.

SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Tim Y. Ogden, City Manager Date

END OF PERFORMANCE BOND
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General Conditions
Article 1 - Definitions
Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.”
Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose.

Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.

Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time.

City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives.

City Engineer means the City Engineer for City and his or her authorized delegee(s).

Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment.

Contract means the signed agreement between City and Contractor for performing the Work required for the Project, and all documents expressly incorporated therein.

Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Potential Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications; any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal.

Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order.

Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work.

Day means a calendar day unless otherwise specified.

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Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or electrical engineering design services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer.

DIR means the California Department of Industrial Relations.

Drawings has the same meaning as Plans.

Engineer means the City Engineer for the City of Brentwood and his or her authorized delegees.

Excusable Delay is defined in Section 5.3(B), Excusable Delay.

Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition.

Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings.

Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents.

Furnish means to purchase and deliver for the Project.

Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq.

Hazardous Materials means any substance or material identified now or in the future as hazardous under any Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup.

Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise.

Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all Laws.

Install means to fix in place for materials, and to fix in place and connect for equipment.

Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements.

Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay.

Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings.

Project means the public works project referenced in the Contract.

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Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer.

Recoverable Costs is defined in Section 5.3(F), Recoverable Costs.

Request for Information or RFI means Contractor’s written request for information about the Contract Documents, the Work or the Project, submitted to City in the manner and format specified by City.

Section, when capitalized in these General Conditions, means a numbered section or subsection of the General Conditions, unless the context clearly indicates otherwise.

Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications.

Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to selfperform.

Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions.

Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work.

The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party.

Technical Specifications has the same meaning as Specifications.

Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents.

Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City.

Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication.

Article 2 - Roles and Responsibilities

2.1 City.
(A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the Engineer. (B) Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and C.11.b
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conclusive within the scope of his or her authority, including interpretation of the Contract Documents.
(C) Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of Contractor.
(D) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive.

2.2 Contractor.
(A) General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public. (B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative.
(D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and Contractor will be bound by the C.11.b
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superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent.
(E) Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents and Laws and applicable manufacturer’s recommendations.

Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims.
(F) Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners.
(G) Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site; primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any.

Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with Subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records.
(H) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents.
(I) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Plans, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from City, or within the time specified in City’s notice to correct, City C.11.b
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may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances. Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2.
(J) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids.
(1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.
(2) Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s records relating to the Project during Contractor’s normal business hours. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract.
(K) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project.

2.3 Subcontractors.
(A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trained workforce. Each Subcontractor must obtain a City business license before performing any Work.

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(B) Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors. Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project. Upon receipt of a written request from City to remove a Subcontractor pursuant to this paragraph, Contractor will immediately remove the Subcontractor from the Project and, at no further cost to City, will either (1) self-perform the remaining Work to the extent that Contractor is duly licensed and qualified to do so, or (2) substitute a Subcontractor that is acceptable to City, in compliance with Public Contract Code § 4107, as applicable.

2.4 Coordination of Work.
(A) Concurrent Work. City reserves the right to perform, have performed, or permit performance of other work on or adjacent to the Project site while the Work is being performed for the Project. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors, individuals, or entities, and must ensure safe and reasonable site access and use as required or authorized by City. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor.
(B) Coordination. If Contractor’s Work will connect or interface with work performed by others, Contractor is responsible for independently measuring and visually inspecting such work to ensure a correct connection and interface. Contractor is responsible for any failure by Contractor or its Subcontractors to confirm measurements before proceeding with connecting Work. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known or reasonably discoverable defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work. Contractor must also promptly notify City if work performed by others, including work or activities performed by City’s own forces, is operating to hinder, delay, or interfere with Contractor’s timely C.11.b
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performance of the Work. City reserves the right to backcharge Contractor for any additional costs incurred due to Contractor’s failure to comply with the requirements in this Section 2.4.

2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance, all schedules, Shop Drawings, samples, product data, and similar submittals required by the Contract Documents, or upon request by the Engineer.

Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents, including the Special Conditions or Specifications. The Engineer may require submission of a submittal schedule at or before a pre-construction conference, as may be specified in the Notice to Proceed. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.
(B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project.
(C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s).
(D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal. (E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City. (F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, or Inspector. (G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.

2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed.

If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components C.11.b
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requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility.

2.7 Access to Work. Contractor must afford prompt and safe access to any Worksite by City and its employees, agents, or consultants authorized by City; and upon request by City, Contractor must promptly arrange for City representatives to visit or inspect manufacturing sites or fabrication facilities for items to be incorporated into the Work.

2.8 Personnel. Contractor and its Subcontractors must employ only competent and skillful personnel to perform the Work. Contractor and its Subcontractor’s supervisors, security or safety personnel, and employees who have unescorted access to the Project site must possess proficiency in English sufficient to read, understand, receive, and implement oral or written communications or instructions relating to their respective job functions, including safety and security requirements. Upon written notification from the Engineer, Contractor and its Subcontractors must immediately discharge any personnel who are incompetent, disorderly, disruptive, threatening, abusive, or profane, or otherwise refuse or fail to comply with the requirements of the Contract Documents or Laws, including Laws pertaining to health and safety. Any such discharged personnel may not be reemployed or permitted on the Project in any capacity without City’s prior written consent.

Article 3 - Contract Documents

3.1 Interpretation of Contract Documents.
(A) Plans and Specifications. The Plans and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Plans and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Plans and Specifications, the Specifications will control, unless the drawing(s) at issue are dated later than the Specification(s) at issue. Detailed drawings take precedence over general drawings, and large-scale drawings take precedence over smaller scale drawings. Any arrangement or division of the Plans and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Plans or Specifications is only a recommendation. Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions. (B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including the Plans or Specifications, Contractor must promptly submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or C.11.b
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defective Work that results. Timely submission of a clear and complete RFI is essential to avoiding delay. Delay resulting from Contractor’s failure to submit a timely and complete RFI to the Engineer is Non-Excusable Delay. If Contractor believes that City’s response to an RFI justifies a change to the Contract Price or Contract Time, Contractor must perform the Work as directed, but may submit a timely Change Order request in accordance with the Contract Documents. (See Article 5 and 6.) (C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents.
(E) Measurements. Contractor must verify all relevant measurements in the Contract Documents and at the Project site before ordering any material or performing any Work, and will be responsible for the correctness of those measurements or for costs that could have been avoided by independently verifying measurements. (F) Compliance with Laws. The Contract Documents are intended to comply with Laws and will be interpreted to comply with Laws.

3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest, with the most recent version taking precedent over an earlier version:
(A) Change Orders;
(B) Addenda;
(C) Contract;
(D) Notice to Proceed;
(E) Attachment B – Federal Contract Requirements (only if used); (F) Special Conditions;
(G) General Conditions;
(H) Payment and Performance Bonds;
(I) Specifications;
(J) Plans;
(K) Notice of Potential Award;
(L) Notice Inviting Bids;
(M) Attachment A – Federal Bidding Requirements (only if used); (N) Instructions to Bidders;
(O) Contractor’s Bid Proposal and attachments;
(P) the City’s standard specifications, as applicable; and (Q) Any generic documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions.

3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions:

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(A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents.
(B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern.
(C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows:
(1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract. (3) Any reference to the “Department” or “State” is deemed to mean City.

3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only.

3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed.

3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense.

3.7 Ownership. No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

Article 4 - Bonds, Indemnity, and Insurance

4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Potential Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, and each C.11.b
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executed by Contractor and its surety using the bond forms included with the Contract Documents.
(A) Surety. Each bond must be issued and executed by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City.

If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default.
(B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents.

4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers, and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, fines, costs, and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract.

Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. Contractor waives any right to express or implied indemnity against any Indemnitee. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract.

4.3 Insurance. No later than ten days following issuance of the Notice of Potential Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract.
(A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions:
(1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general C.11.b
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liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protected coverage, contractual liability, products and completed operations, and broad form property damage, with limits of at least $5,000,000 per occurrence and at least $10,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section, including required endorsements. (2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined single-limit per accident for bodily injury, death, or property damage, including hired and non-owned auto liability.
(3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Labor Code, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR.
(4) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, providing coverage of at least $2,000,000 for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case ten days written notice must be made to City.
(C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or an equivalent form approved by the City.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.

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(3) The insurance provided by Contractor is primary and no insurance held or owned by any Additional Insured may be called upon to contribute to a loss. (4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
(E) Contractor’s Responsibilities. This Section 4.3 establishes the minimum requirements for Contractor’s insurance coverage in relation to this Project, but is not intended to limit Contractor’s ability to procure additional or greater coverage. Contractor is responsible for its own risk assessment and needs and is encouraged to consult its insurance provider to determine what coverage it may wish to carry beyond the minimum requirements of this Section. Contractor is solely responsible for the cost of its insurance coverage, including premium payments, deductibles, or self-insured retentions, and no Additional Insured will be responsible or liable for any of the cost of Contractor’s insurance coverage.
(F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by the City’s Risk Manager, acting in his or her sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If the City’s Risk Manager determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses. (G) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation, but excluding pollution liability or builder’s risk insurance unless otherwise specified in the Special Conditions. A Subcontractor may be eligible for reduced insurance coverage or limits, but only to the extent approved in writing in advance by the City’s Risk Manager. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.

Article 5 - Contract Time

5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time.
(A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work before the date specified in the Notice to Proceed. (B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed.

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(C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default.

5.2 Schedule Requirements. Contractor must prepare all schedules using standard, commercial scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications.
(A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice to Proceed (or as otherwise specified in the Notice to Proceed), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers.

Contractor must also retain documentation of the purchase order date(s). (B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and, within seven days, must correct the schedule to address the exceptions. City’s review or acceptance of Contractor’s schedules will not operate to waive or limit Contractor’s duty to complete the Project within the Contract Time, nor to waive or limit City’s right to assess liquidated damages for Contractor’s unexcused failure to do so.
(C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week lookahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts C.11.b
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to the critical path. Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project. (1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project.
(2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and cost-effective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to ten percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a material default and a waiver of any claims for Excusable Delay or loss of productivity arising during any period when Contractor is out of compliance, subject only to the limits of Public Contract Code § 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date. (E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time.
(F) Posting. Contractor must at all times prominently post a copy of the most current City-accepted progress or recovery schedule in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work.
(H) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services.

5.3 Delay and Extensions of Contract Time.
(A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay.

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(B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence, provided that Contractor is otherwise fully performing its obligations under the Contract Documents. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13. The Contract Time will not be extended based on circumstances which will not unavoidably delay completing the Work within the Contract Time based on critical path analysis. (C) Weather Delays. A “Weather Delay Day” is a Working Day during which Contractor and its forces, including Subcontractors, are unable to perform more than 40% of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day.

Adverse weather conditions may include rain, saturated soil, and Project site clean-up required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule.

Contractor will be entitled to a non-compensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month as determined by reliable records, including monthly rainfall averages, for the preceding ten years (or as otherwise specified in the Special Conditions or Specifications). (1) Contractor must fully comply with the applicable procedures in Articles 5 and 6 of the General Conditions regarding requests to modify the Contract Time. (2) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day.
(3) Contractor must take reasonable steps to mitigate the consequences of Weather Delay Days, including prudent workforce management and protecting the Work, Project Site, materials, and equipment.
(D) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for NonExcusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay.

Non-Excusable Delay includes delay caused by:
(1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years;
(2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for completion of the Work within the Contract Time; (3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for completion of the Work within the Contract Time;
(4) foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Project site or review of the Contract Documents or other information provided or available to Contractor; C.11.b
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(5) Contractor’s failure, refusal, or financial inability to perform the Work within the Contract Time, including insufficient funds to pay its Subcontractors or suppliers;
(6) performance or non-performance by Contractor’s Subcontractors or suppliers;
(7) the time required to respond to excessive RFIs (see Section 2.5(G)); (8) delayed submission of required submittals, or the time required for correction and resubmission of defective submittals;
(9) time required for repair of, re-testing, or re-inspection of defective Work; (10) enforcement of Laws by City, or outside agencies with jurisdiction over the Work; or
(11) City’s exercise or enforcement of any of its rights or Contractor’s duties pursuant to the Contract Documents, including correction of defective Work, extra inspections or testing due to non-compliance with Contract requirements, safety compliance, environmental compliance, or rejection and return of defective or deficient submittals.
(E) Compensable Delay. Pursuant to Public Contract Code § 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay.

Delay due to causes that are beyond the control of either City or Contractor, including Weather Delay Days, discovery of Historic or Archeological Items pursuant to Section

7.18, or the actions or inactions of third parties or other agencies, is not Compensable Delay, and will only entitle Contractor to an extension of time commensurate with the time lost due to such delay.
(F) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit.
(G) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate costefficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived.

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(1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects.
(2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay. Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City.
(4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has fully complied with its scheduling obligations in Section 5.2, Schedule Requirements; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances.
(5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code § 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay. (7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the dispute resolution provisions set forth in Article 12 below.

5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code § 7203, if Contractor fails to achieve Final Completion within the Contract Time, due to Contractor’s NonC.11.b Packet Pg. 144 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Deer Ridge Frontage Landscaping CA 09-15-21 GENERAL CONDITIONS CIP Project No. 352-52440 Page 47
Excusable Delay, City will charge Contractor in the amount specified in the Contract for each calendar day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee. (A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above.
(B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents. (C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including progress payments, Final Payment, or unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion.
(E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, costs or diminution in value from defective materials or workmanship, costs to repair or complete the Work, or other liability caused by Contractor.

Article 6 - Contract Modification

6.1 Contract Modification. Subject to the limited exception set forth in subsection (D) below, any change in the Work or the Contract Documents, including the Contract Price or Contract Time, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, including a “no-cost” Change Order or a unilateral Change Order. Changes in the Work pursuant to this Article 6 will not operate to release, limit, or abridge Contractor’s warranty obligations pursuant to Article 11 or any obligations of Contractor’s bond sureties.
(A) City-Directed Changes. City may direct changes in the scope or sequence of Work or the requirements of the Contract Documents, without invalidating the Contract.

Such changes may include Extra Work as set forth in subsection (C) below, or deletion or modification of portions of the Work. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation for cost savings resulting from “value engineering” pursuant to Public Contract Code § 7101, except to the extent authorized in advance by City in writing, and subject to any applicable procedural requirements for submitting a proposal for value engineering cost savings.
(B) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty C.11.b
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to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. Likewise, in the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City. If Contractor refuses to perform the Work in dispute, City may, acting in its sole discretion, elect to delete the Work from the Contract and reduce the Contract Price accordingly, and self-perform the Work or direct that the Work be performed by others. Alternatively, City may elect to terminate the Contract for convenience or for cause. Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below.
(C) Extra Work. City may direct Contractor to perform Extra Work related to the Project. Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. If Contractor believes it is necessary to perform Extra Work due to changed conditions, Contractor must promptly notify the Engineer in writing, specifically identifying the Extra Work and the reason(s) the Contractor believes it is Extra Work. This notification requirement does not constitute a Change Order request pursuant to Section

6.2, below. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (D) Minor Changes and RFIs. Minor field changes, including RFI replies from City, that do not affect the Contract Price or Contract Time and that are approved by the Engineer acting within his or her scope of authority, do not require a Change Order. By executing an RFI reply from City, Contractor agrees that it will perform the Work as clarified therein, with no change to the Contract Price or Contract Time. (E) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price.

6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions C.11.b
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giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports. Any estimated cost must be updated in writing as soon as the actual amount is known.
(C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions.

Upon request, Contractor must permit City to inspect its original and unaltered bidding records, subcontract agreements, subcontract change orders, purchase orders, invoices, or receipts associated with the claimed costs.
(D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City. (E) Certification. All Change Order requests must be signed by Contractor and must include the following certification:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any known or foreseeable costs, expenses, or time extension requests not included herein, are deemed waived.”

6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods listed below, in the order listed with unit pricing taking precedence over the other methods. Markup applies only to City-authorized time and material Work, and does not apply to any other payments to Contractor. For Work items or components that are deleted in their entirety, Contractor will only be entitled to compensation for those direct, actual, and documented costs (including restocking fees), reasonably incurred before Contractor was notified of the City’s intent to delete the Work, with no markup for overhead, profit, or other indirect costs.
(A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or in a post-award schedule of values pursuant to Section

8.1, Schedule of Values, will apply to determine the price for the affected Work, to the extent applicable unit prices have been provided for that type of Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon, all-inclusive lump sum price for the affected Work with no additional markup for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, if and only to the extent compensation on a time and materials basis is expressly authorized by City in advance of Contractor’s performance of the Work and subject to any not-to-exceed limit. Time and materials compensation for increased costs or Extra Work (but not decreased costs or C.11.b
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deleted Work), will include allowed markup for overhead, profit, and other indirect costs, calculated as the total of the following sums, the cumulative total of which may not exceed the maximum markup rate of 15%:
(1) All direct labor costs provided by the Contractor, excluding superintendence, project management, or administrative costs, plus 15% markup; (2) All direct material costs provided by the Contractor, including sales tax, plus 15% markup;
(3) All direct plant and equipment rental costs provided by the Contractor, plus 15% markup;
(4) All direct additional subcontract costs plus 10% markup for Work performed by Subcontractors; and
(5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums.

6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the adjustment to compensation or time that the City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.

6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work.

Article 7 - General Construction Provisions

7.1 Permits, Fees, Business License, and Taxes.
(A) Permits, Fees, and City Business License. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work, including a City business license. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all records of permits and permit applications, payment of required fees, and any licenses required for the Work.
(B) Taxes. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax.

7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities for the Project, including an onsite staging area for materials and equipment, a field office, sanitary facilities, utilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with Laws and the Contract Documents. Contractor must fence and screen the Project site and, if applicable, any separate Worksites, including the staging area, and its operation must C.11.b
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minimize inconvenience to neighboring properties. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions. (A) Utilities. Contractor must install and maintain the power, water, sewer and all other utilities required for the Project site, including the piping, wiring, internet and wifi connections, and any related equipment necessary to maintain the temporary facilities. (B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition.

7.3 Noninterference and Site Management. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and maintain some vehicle and pedestrian access to their residences or properties at all times. Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must provide effective notice to the affected parties at least 48 hours in advance of the pending closure and allow them to remove vehicles.

Private driveways, residences and parking lots must have access to a roadway during non-Work hours.
(A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any Worksites, licenses, easements, and temporary facilities necessary to access and perform the Work. (B) Offsite Staging Area and Field Office. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space. Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney. (C) Traffic Management. Contractor must provide traffic management and traffic controls as specified in the Contract Documents, as required by Laws, and as otherwise required to ensure public and worker safety, and to avoid interference with public or private operations or the normal flow of vehicular, bicycle, or pedestrian traffic.

7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by Laws or by the Contract Documents, without City’s prior written approval as to size, design, and location.

7.5 Project Site and Nearby Property Protections.
(A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Plans and Specifications. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property C.11.b
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owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work; any Worksite, including the Project site; City’s real or personal property and the real or personal property of adjacent or nearby property owners, including plant and tree protections.
(2) City wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill.
(3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location.
(4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor.
(5) Contractor will not permit any structure or infrastructure to be loaded in a manner that will damage or endanger the integrity of the structure or infrastructure.
(B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Plans or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to obtain further directions from the Engineer.

Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above.
(D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by Laws. See also, Section 7.15, Trenching of Five Feet or More.
(E) Notification of Property Damage. Contractor must immediately notify the City of damage to any real or personal property resulting from Work on the Project. Contractor must immediately provide a written report to City of any such property damage in excess C.11.b
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of $500 (based on estimated cost to repair or replace) within 24 hours of the occurrence.

The written report must include: (1) the location and nature of the damage, and the owner of the property, if known; (2) the name and address of each employee of Contractor or any Subcontractor involved in the damage; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with another government agency, Contractor will provide a copy of the report to City.

7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1, Final Completion. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered.
(B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must notify City of any defects discovered in City-provided materials or equipment, sufficiently in advance of scheduled use or installation to afford adequate time to procure replacement materials or equipment as needed. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor.
(C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright-protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision.

7.7 Substitutions.
(A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service. Unless otherwise stated in the Specifications, any reference to a specific brand or trade name for an item or service that is used solely for the purpose of describing the type of item or service desired, will be deemed to be followed by the words “or equal.” A substitution will only be approved if it is a true “equal” item or service in every aspect of design, function, and quality, as determined by City, including dimensions, weight, maintenance requirements, durability, fit with other elements, and schedule impacts.

C.11.b
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(B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier.
(C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution.

Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review.
(D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final.

(E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City.
(F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements.

7.8 Testing and Inspection.
(A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for testing or inspection. Neither City’s inspection or testing of Work, nor its failure to do so, operate to waive or limit Contractor’s duty to complete the Work in accordance with the Contract Documents. (B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, at Contractor’s expense, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor. (C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent testing consultants retained by City, subject to the following exceptions:

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(1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs.
(2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection.
(3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs.
(4) Contractor is responsible for properly shoring all compaction test sites deeper than five feet below grade, as required under Section 7.15 below. (5) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment. (D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by City.
(E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Final Inspection. The provisions of this Section 7.8 also apply to final inspection under Article 11, Completion and Warranty Provisions.

7.9 Project Site Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean, neat, and sanitary condition and in compliance with all Laws pertaining to safety, air quality, and dust control. Adequate toilets must be provided, and properly maintained and serviced for all workers on the Project site, located in a suitably secluded area, subject to City’s prior approval. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site. (A) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any Laws. (B) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning, sweeping, and immediately sprinkling with water excavated areas of dirt or other materials prone to cause dust, and within one hour after the Engineer notifies Contractor that an airborne nuisance exists. The Engineer may direct that Contractor provide an approved waterspraying truck for this purpose. If water is used for dust control, Contractor will only use the minimum necessary. Contractor must take all necessary steps to keep waste water out of streets, gutters, or storm drains. See Section 7.19, Environmental Control. If City determines that the dust control is not adequate, City may have the work done by others and deduct the cost from the Contract Price. Contractor will immediately remove any C.11.b
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excess excavated material from the Project site and any dirt deposited on public streets. (C) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials.
(1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property.
(2) Hauling trucks and other vehicles leaving the Project site must be cleaned of exterior mud or dirt before traveling on City streets. Materials and loose debris must be delivered and loaded to prevent dropping materials or debris. Contractor must immediately remove spillage from hauling on any publicly traveled way.

Streets affected by Work on the Project must be kept clean by street sweeping. (D) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into the storm drain system.
(E) Completion. At the completion of the Work, Contractor must remove from the Project site all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Project site, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site, including curbs, sidewalks, driveways, fences, signs, utilities, street surfaces and structures. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements. Contractor must restore to original condition all property or items that are not designated for alteration under the Contract Documents and leave each Worksite clean and ready for occupancy or use by City. (F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and deduct the cost from any amounts due or to become due to Contractor.

7.10 Instructions and Manuals. Contractor must provide to City three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project.
(A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application.

The instructions and manuals, along with any required guarantees, must be delivered to City for review.

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(B) Training. Contractor or its Subcontractors must train City’s personnel in the operation and maintenance of any complex equipment or systems as a condition precedent to Final Completion, if required in the Contract Documents.

7.11 As-built Drawings. Contractor and its Subcontractors must prepare and maintain at the Project site a detailed, complete and accurate as-built set of the Plans which will be used solely for the purpose of recording changes made in any portion of the original Plans in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. City may withhold the estimated cost for City to have the as-built drawings prepared from payments otherwise due to Contractor, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities installed underground, in walls, floors, or otherwise concealed. Deviations from the original Plans must be shown in detail. The exact location of all main runs, whether piping, conduit, ductwork or drain lines, must be shown by dimension and elevation. The location of all buried pipelines, appurtenances, or other improvements must be represented by coordinates and by the horizontal distance from visible aboveground improvements. (B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to the Engineer for review and acceptance as a condition precedent to Final Completion and Final Payment.

7.12 Existing Utilities.
(A) General. The Work may be performed in developed, urban areas with existing utilities, both above and below ground, including utilities identified in the Contract Documents or in other informational documents or records. Contractor must take due care to locate identified or reasonably identifiable utilities before proceeding with trenching, excavation, or any other activity that could damage or disrupt existing utilities.

This may include excavation with small equipment, potholing, or hand excavation, and, if practical, using white paint or other suitable markings to delineate the area to be excavated. Except as otherwise provided herein, Contractor will be responsible for costs resulting from damage to identified or reasonably identifiable utilities due to Contractor’s negligence or failure to comply with the Contract Documents, including the requirements in this Article 7.
(B) Unidentified Utilities. Pursuant to Government Code § 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating utility facilities not indicated in the Plans or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent the delay was caused by City’s failure to provide for removal or relocation of the utility facilities.

7.13 Notice of Excavation. Contractor must comply with all applicable requirements in Government Code §§ 4216 through 4216.5, which are incorporated by reference herein.

Government Code § 4216.2 requires that, except in an emergency, Contractor must C.11.b
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contact the appropriate regional notification center, or Underground Services Alert, at least two working days, but not more than 14 calendar days, before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations. Contractor may not begin excavation until it has obtained and submitted to Engineer an inquiry identification number from Underground Services Alert.

7.14 Trenching and Excavations of Four Feet or More. As required by Public Contract Code § 7104, if the Work includes digging trenches or other excavations that extend deeper than four feet below the surface, the provisions in this Section apply to the Work and the Project.
(A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions:
(1) Material that Contractor believes may be a hazardous waste, as defined in § 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing Laws;
(2) Subsurface or latent physical conditions at the Project site differing from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids; or
(3) Unknown physical conditions at the Project site of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents. (B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions materially differ from those indicated, apparent, or reasonably inferred from information about the Project site made available to bidders, or involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order. (C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (B) above, or the terms of a Change Order issued by City, Contractor will not be excused from completing the Work within the Contract Time, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by Laws which pertain to the resolution of disputes between Contractor and City.

7.15 Trenching of Five Feet or More. As required by Labor Code § 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited.

7.16 New Utility Connections. Except as otherwise specified, City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request C.11.b
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service from each utility provider so that connections and services are initiated in accordance with the Project schedule.

7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work. Contractor must also provide, preserve, and replace if necessary, all construction stakes required for the Project. All stakes or marks must be set by a California licensed surveyor or a California registered civil engineer. Contractor must notify the Engineer of any discrepancies found between Contractor’s staking and grading and information provided by the Contract Documents.

Upon completion, all Work must conform to the lines, elevations, and grades shown in the Plans, including any changes directed by a Change Order.

7.18 Historic or Archeological Items.
(A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, a burial ground, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an 85-foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, with any such assistance to be compensated as Extra Work on a time and materials basis under Article 6, Contract Modification. At City’s discretion, a suspension of Work required due to discovery of Historic or Archeological Items may be treated as Excusable Delay pursuant to Article 5, or as a suspension for convenience under Article 13.

7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials.

Contractor must prevent the release of any hazardous material or hazardous waste into the soil or groundwater, and prevent the unlawful discharge of pollutants into City’s storm drain system and watercourses as required below. Contractor and its Subcontractors must at all times in the performance of the Work comply with all Laws concerning pollution of waterways.
(A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”). (B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with it without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit. Contractor also must comply with all other Laws governing discharge of stormwater, including applicable municipal stormwater management programs.

7.20 Noise Control. Contractor must comply with all applicable noise control Laws. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor.

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7.21 Mined Materials. Pursuant to the Surface Mining and Reclamation Act of 1975, Public Resources Code § 2710 et seq., any purchase of mined materials, such as construction aggregate, sand, gravel, crushed stone, road base, fill materials, and any other mineral materials must originate from a surface mining operation included on the AB 3098 List, which is available online at:
ftp://ftp.consrv.ca.gov/pub/omr/AB3098%20List/AB3908List.pdf.

Article 8 - Payment

8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts in the schedule of values must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price.

The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid. (A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods specified in the Contract Documents.
(B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits.

8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month. (A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Project site, as well as authorized and approved Change Orders. Each payment application must be supported by the unit prices submitted with Contractor’s Bid Schedule and/or schedule of values and any other substantiating data required by the Contract Documents.
(B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code § 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may withhold additional amounts as set forth in Section 8.3, below.

8.3 Adjustment of Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists.

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(A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work.
(B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Project site, City may deduct an amount based on the estimated cost to repair or replace. (C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments and may opt to pay that amount separately via joint check pursuant to Section 8.6(B), Joint Checks. (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work.
(E) For any unreleased stop notice, City may withhold 125% of the amount claimed. (F) For Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents, City may withhold an amount equal to five percent of the total amount requested until Contractor complies with its schedule submittal obligations.
(G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts. (H) For Work performed without Shop Drawings that have been accepted by City, when accepted Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated cost to correct unsatisfactory Work or diminution in value.
(I) For fines, payments, or penalties assessed under the Labor Code, City may deduct from payments due to Contractor as required by Laws and as directed by the Division of Labor Standards Enforcement.
(J) For any other costs or charges that may be withheld or deducted from payments to Contractor, as provided in the Contract Documents, including liquidated damages, City may withhold or deduct such amounts from payment otherwise due to Contractor.

8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.

8.5 Retention. City will retain five percent of the full amount due on each progress payment (i.e., the amount due before any withholding or deductions pursuant to Section 8.3, Adjustment of Payment Application), or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work.

Contractor is not entitled to any reduction in the rate of withholding at any time, nor to release of any retention before 35 days following City’s acceptance of the Project. (A) Substitution of Securities. As provided by Public Contract Code § 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code § 22300 and will be subject to approval as to form by City’s legal counsel. If City exercises its right to draw upon such C.11.b
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securities in the event of default pursuant to section (7) of the statutory Escrow Agreement for Security Deposits in Lieu of Retention, pursuant to subdivision (f) of Public Contract Code § 22300 (“Escrow Agreement”), and if Contractor disputes that it is in default, its sole remedy is to comply with the dispute resolution procedures in Article 12 and the provisions therein. It is agreed that for purposes of this paragraph, an event of default includes City’s rights pursuant to these Contract Documents to withhold or deduct sums from retention, including withholding or deduction for liquidated damages, incomplete or defective Work, stop payment notices, or backcharges. It is further agreed that if any individual authorized to give or receive written notice on behalf of a party pursuant to section (10) of the Escrow Agreement are unavailable to give or receive notice on behalf of that party due to separation from employment, retirement, death, or other circumstances, the successor or delegee of the named individual is deemed to be the individual authorized to give or receive notice pursuant to section (10) of the Escrow Agreement.
(B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld pursuant to Section 8.3, Adjustment of Payment Application, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C), Acceptance, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete pursuant to Public Contract Code § 7107(c).

8.6 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Project site by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of Laws pertaining to such payments, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code § 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.
(B) Joint Checks. City reserves the right, acting in its sole discretion, to issue joint checks made payable to Contractor and a Subcontractor or supplier, if City determines this is necessary to ensure fair and timely payment for a Subcontractor or supplier who has provided services or goods for the Project. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by the City Attorney’s Office. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement.

8.7 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section

8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. If Contractor fails to submit a timely application for Final Payment, City reserves the right to unilaterally process and issue Final Payment without an application from Contractor in order to close out the Project. For the purposes of determining the deadline for Claim submission pursuant to Article 12, the date of Final Payment is deemed to be the date that City acts to release undisputed retention as final payment to Contractor, or otherwise C.11.b
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provides written notice to Contractor of Final Payment or that no undisputed funds remain available for Final Payment due to offsetting withholdings or deductions pursuant to Section 8.3, Adjustment of Payment Application. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties.

8.8 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code § 7100. Any disputed amounts may be specifically excluded from the release.

8.9 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor.

Article 9 - Labor Provisions

9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited.

Contractor and its Subcontractors are required to comply with all applicable Laws prohibiting discrimination, including the California Fair Employment and Housing Act (Govt. Code § 12900 et seq.), Government Code § 11135, and Labor Code §§ 1735, 1777.5, 1777.6, and 3077.5.

9.2 Labor Code Requirements.
(A) Eight Hour Day. Pursuant to Labor Code § 1810, eight hours of labor constitute a legal day’s work under this Contract.
(B) Penalty. Pursuant to Labor Code § 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code § 1815.
(C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code § 1777.5, which is fully incorporated by reference.
(D) Notices. Pursuant to Labor Code § 1771.4, Contractor is required to post all job site notices prescribed by Laws.

9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code §§ 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in §§ 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Project site.
(A) Penalties. Pursuant to Labor Code § 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay C.11.b
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each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.
(B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the currently applicable state or federal prevailing wage rates.

9.4 Payroll Records. Contractor must comply with the provisions of Labor Code §§ 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly electronic submission of payroll records to the DIR.
(A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
(B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(C) Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

9.5 Labor Compliance. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

Article 10 - Safety Provisions

10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work. Contractor and its Subcontractors must at all times comply with all applicable health and safety Laws and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at any Worksite, materials and equipment stored on or off site, and property at or adjacent to any Worksite.

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(A) Reporting Requirements. Contractor must immediately notify the City of any death, serious injury or illness resulting from Work on the Project. Contractor must immediately provide a written report to City of each recordable accident or injury occurring at any Worksite within 24 hours of the occurrence. The written report must include: (1) the name and address of the injured or deceased person; (2) the name and address of each employee of Contractor or of any Subcontractor involved in the incident; (3) a detailed description of the incident, including precise location, time, and names and contact information for known witnesses; and (4) a police or first responder report, if applicable. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City.
(B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by Laws.
(C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor.
(D) Remedies. If City determines, in its sole discretion, that any part of the Work or Project site is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision.

10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Project site that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestos-containing products or other Hazardous Materials may be used in performance of the Work.

10.3 Material Safety. Contractor is solely responsible for complying with § 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used. Contractor must also maintain Safety Data Sheets (“SDS”) at the Project site, as required by Laws, for materials or substances used or consumed in the performance of the Work. The SDS will be accessible and available to Contractor’s employees, Subcontractors, and City.
(A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Project site and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Project site so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.

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10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances.

Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Project site condition, the method of construction, or the way any Work must be performed.

10.5 Emergencies. In an emergency affecting the safety or protection of persons, Work, or property at or adjacent to any Worksite, Contractor must take reasonable and prompt actions to prevent damage, injury, or loss, without prior authorization from the City if, under the circumstances, there is inadequate time to seek prior authorization from the City.

Article 11 - Completion and Warranty Provisions

11.1 Final Completion.
(A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of any items that are incomplete, missing, defective, incorrectly installed, or otherwise not compliant with the Contract Documents.

The punch list to Contractor will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any non-compliant item from a punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. Contractor’s failure to complete any punch list item within the time specified in the punch list will not waive or abridge its warranty obligations for any such items that must be completed by the City or by a third party retained by the City due to Contractor’s failure to timely complete any such outstanding item.
(B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City’s further inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including instructions and manuals as required under Section 7.10, and complete, final as-built drawings as required under Section 7.11, all to City’s satisfaction. (C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, unless the Engineer is authorized to accept the Project, in which case the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. In order to avoid delay of Project close out, the City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list.
(D) Final Payment and Release of Retention. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may C.11.b
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withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment and may use the withheld retention to pay for the costs to selfperform the outstanding items or to retain a third party to complete any such outstanding punch list item.

11.2 Warranty.
(A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor warrants that materials or items incorporated into the Work comply with the requirements and standards in the Contract Documents, including compliance with Laws, and that any Hazardous Materials encountered or used were handled as required by Laws. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance.
(B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents.
(C) Warranty Documents. As a condition precedent to Final Completion, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers.
(D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be coguarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. Work performed during the Warranty Period (“Warranty Work”) will be subject to the warranty provisions in this Section 11.2 for a one-year period that begins upon completion of such Warranty Work to City’s satisfaction.
(F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below.
(G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below.

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(H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein, in addition to any and all costs City incurs to correct the defective Work.

11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion.
(A) Non-Waiver. Occupation or use of the Project, in whole or in part, prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect.
(B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time.

11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article.

Article 12 - Dispute Resolution

12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work. (A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for a change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, when the demand has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part. A Claim may also include that portion of a unilateral Change Order that is disputed by the Contractor. (B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City.

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(C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code § 9204 and § 20104 et seq., which are incorporated by reference herein.
(D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute. (E) Informal Resolution. Contractor will make a good faith effort to informally resolve a dispute before initiating a Claim, preferably by face-to-face meeting between authorized representatives of Contractor and City.

12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:
(A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12 and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute.

The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs.

Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format and Content. A Claim must be submitted in the following format:
(1) Provide a cover letter, specifically identifying the submission as a “Claim” submitted under this Article 12 and specifying the requested remedy (e.g., amount of proposed change to Contract Price and/or change to Contract Time). (2) Provide a summary of each Claim, including underlying facts and the basis for entitlement, and identify each specific demand at issue, including the specific Change Order request (by number and submittal date), and the date of City's rejection of that demand, in whole or in part.
(3) Provide a detailed explanation of each issue in dispute. For multiple issues included within a single Claim or for multiple Claims submitted concurrently, separately number and identify each individual issue or Claim, and include the following for each separate issue or Claim:
a. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;
b. Identify and attach all documents that substantiate the Claim, including relevant provisions of the Contract Documents, RFIs, calculations, and schedule analysis (see subsection (A), Substantiation, above);
c. A chronology of relevant events; and
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d. Analysis and basis for claimed changes to Contract Price, Contract Time, or any other remedy requested.
(4) Provide a summary of issues and corresponding claimed damages. If, by the time of the Claim submission deadline (below), the precise amount of the requested change in the Contract Price or Contract Time is not yet known, Contractor must provide a good faith estimate, including the basis for that estimate, and must identify the date by which it is anticipated that the Claim will be updated to provide final amounts.
(5) Include the following certification, executed by Contractor’s authorized representative:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.”
(C) Submission Deadlines.
(1) A Claim disputing rejection of a request for a change in the Contract Time or Contract Price must be submitted within 15 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. A Claim disputing the terms of a unilateral Change Order must be submitted within 15 days following the date of issuance of the unilateral Change Order. These Claim deadlines apply even if Contractor cannot yet quantify the total amount of any requested change in the Contract Time or Contract Price. If the Contractor cannot quantify those amounts, it must submit an estimate of the amounts claimed pending final determination of the requested remedy by Contractor.
(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived.
(3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.7, Final Payment. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.

12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code § 9204. However, if City determines that the Claim is not adequately substantiated pursuant to Section 12.2(A), Substantiation, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim.
(A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor. If Contractor’s C.11.b
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Claim is based on estimated amounts, Contractor has a continuing duty to update its Claim as soon as possible with information on actual amounts in order to facilitate prompt and fair resolution of the Claim.
(B) Non-Waiver. Any failure by City to respond within the times specified above will not be construed as acceptance of the Claim, in whole or in part, or as a waiver of any provision of these Contract Documents.

12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to notify City of the dispute and demand an information conference to meet and confer in writing within the specified time, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference. (B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.

12.5 Mediation and Government Code Claims.
(A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code § 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of the mediator and mediation fees equally, but each party is otherwise solely and separately responsible for its own costs to prepare for and participate in the mediation, including costs for its legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentation of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract. Compliance with the Claim submission requirements in this Article 12 is a condition precedent to filing a Government Code Claim.

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(2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.

12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.

12.7 Arbitration. It is expressly agreed, under Code of Civil Procedure § 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.

12.8 Burden of Proof and Limitations. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Project site or any other Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; nonavailability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.

12.9 Legal Proceedings. In any legal proceeding that involves enforcement of any requirements of the Contract Documents, the finder of fact will receive detailed instructions on the meaning and operation of the Contract Documents, including conditions, limitations of liability, remedies, claim procedures, and other provisions bearing on the defenses and theories of liability. Detailed findings of fact will be requested to verify enforcement of the Contract Documents. All of the City's remedies under the Contract Documents will be construed as cumulative, and not exclusive, and the City reserves all rights to all remedies available under law or equity as to any dispute arising from or relating to the Contract Documents or performance of the Work.

12.10 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, including disputes regarding suspension or early termination of the Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article

13. Article 13 - Suspension and Termination

13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct Work in accordance with the Contract Documents, including non-compliance with applicable environmental or health and safety Laws, City may immediately order the Work, or any portion of it, suspended until the circumstances giving rise to the suspension have been eliminated to City’s satisfaction.

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(A) Notice of Suspension. Upon receipt of City’s written notice to suspend the Work, in whole or in part, except as otherwise specified in the notice of suspension, Contractor and its Subcontractors must promptly stop Work as specified in the notice of suspension; comply with directions for cleaning and securing the Worksite; and protect the completed and in-progress Work and materials. Contractor is solely responsible for any damages or loss resulting from its failure to adequately secure and protect the Project.
(B) Resumption of Work. Upon receipt of the City’s written notice to resume the suspended Work, in whole or in part, except as otherwise specified in the notice to resume, Contractor and its Subcontractors must promptly re-mobilize and resume the Work as specified; and within ten days from the date of the notice to resume, Contractor must submit a recovery schedule, prepared in accordance with the Contract Documents, showing how Contractor will complete the Work within the Contract Time. (C) Failure to Comply. Contractor will not be entitled to an increase in the Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents.
(D) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.

13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or inprogress Work as directed in the suspension notice, and subject to the provisions of Section 13.1(A) and (B), above. If Contractor submits a timely request for a Change Order in compliance with Articles 5 and 6, the Contract Price and the Contract Time will be equitably adjusted by Change Order pursuant to the terms of Articles 5 and 6 to reflect the cost and delay impact occasioned by such suspension for convenience, except to the extent that any such impacts were caused by Contractor’s failure to comply with the Contract Documents or the terms of the suspension notice or notice to resume. However, the Contract Time will only be extended if the suspension causes or will cause unavoidable delay in Final Completion. If Contractor disputes the terms of a Change Order issued for such equitable adjustment due to suspension for convenience, its sole recourse is to comply with the Claim procedures in Article 12.

13.3 Termination for Default. City may declare that Contractor is in default of the Contract for a material breach of or inability to fully, promptly, or satisfactorily perform its obligations under the Contract.
(A) Default. Events giving rise to a declaration of default include Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; Contractor’s refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct defective Work or damage; Contractor’s failure to comply with Laws, or orders of any public agency with jurisdiction over the Project; evidence of Contractor’s bankruptcy, insolvency, or lack of financial capacity to complete the Work as required within the Contract Time; suspension, revocation, or expiration and nonrenewal of Contractor’s license or DIR registration; dissolution, liquidation, reorganization, or other major change in Contractor’s organization, ownership, structure, or existence as a business entity; unauthorized assignment of Contractor’s rights or duties under the Contract; or any material breach of the Contract requirements.

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(B) Notice of Default and Opportunity to Cure. Upon City’s declaration that Contractor is in default due to a material breach of the Contract Documents, if City determines that the default is curable, City will afford Contractor the opportunity to cure the default within ten days of City’s notice of default, or within a period of time reasonably necessary for such cure, including a shorter period of time if applicable. (C) Termination. If Contractor fails to cure the default or fails to expediently take steps reasonably calculated to cure the default within the time period specified in the notice of default, City may issue written notice to Contractor and its performance bond surety of City’s termination of the Contract for default. (D) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond within seven calendar days from the date of the notice of termination pursuant to paragraph (C), City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination, where “additional cost” means all cost in excess of the cost City would have incurred if Contactor had timely completed Work without the default and termination. In addition, City will have the right to immediate possession and use of any materials, supplies, and equipment procured for the Project and located at the Project site or any Worksite on City property for the purposes of completing the remaining Work.
(E) Compensation. Within 30 days of receipt of updated as-builts, all warranties, manuals, instructions, or other required documents for Work installed to date, and delivery to City of all equipment and materials for the Project for which Contractor has already been compensated, Contractor will be compensated for the Work satisfactorily performed in compliance with the Contract Documents up to the effective date of the termination pursuant to the terms of Article 8, Payment, subject to City’s rights to withhold or deduct sums from payment otherwise due pursuant to Section 8.3, and excluding any costs Contractor incurs as a result of the termination, including any cancellation or restocking charges or fees due to third parties. If Contractor disputes the amount of compensation determined by City, its sole recourse is to comply with the Claim Procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of the total compensation to be paid by City. (F) Wrongful Termination. If Contractor disputes the termination, its sole recourse is to comply with the Claim procedures in Article 12. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including special or consequential damages, lost opportunity costs, or lost profits, and any award of damages is subject to Section 12.8, Burden of Proof and Limitations.

13.4 Termination for Convenience. City reserves the right, acting in its sole discretion, to terminate all or part of the Contract for convenience upon written notice to Contractor. (A) Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation:

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(1) Completed Work. The value of its Work satisfactorily performed as of the date notice of termination is received, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work;
(2) Demobilization. Demobilization costs specified in the schedule of values, or if demobilization costs were not provided in a schedule of values pursuant to Section 8.1, then based on actual, reasonable, and fully documented demobilization costs; and
(3) Termination Markup. Five percent of the total value of the Work performed as of the date of notice of termination, including reasonable, actual, and documented costs to comply with the direction in the notice of termination for convenience, and demobilization costs, which is deemed to cover all overhead and profit to date.
(B) Disputes. If Contractor disputes the amount of compensation determined by City pursuant to paragraph (A), above, its sole recourse is to comply with the Claim procedures in Article 12, by submitting a Claim no later than 30 days following notice from City of total compensation to be paid by City.

13.5 Actions Upon Termination for Default or Convenience. The following provisions apply to any termination under this Article, whether for default or convenience, and whether in whole or in part.
(A) General. Upon termination, City may immediately enter upon and take possession of the Project and the Work and all tools, equipment, appliances, materials, and supplies procured or fabricated for the Project. Contractor will transfer title to and deliver all completed Work and all Work in progress to City. (B) Submittals. Unless otherwise specified in the notice of termination, Contractor must immediately submit to City all designs, drawings, as-built drawings, Project records, contracts with vendors and Subcontractors, manufacturer warranties, manuals, and other such submittals or Work-related documents required under the terms of the Contract Documents, including incomplete documents or drafts.
(C) Close Out Requirements. Except as otherwise specified in the notice of termination, Contractor must comply with all of the following:
(1) Immediately stop the Work, except for any Work that must be completed pursuant to the notice of termination and comply with City’s instructions for cessation of labor and securing the Project and any other Worksite(s). (2) Comply with City’s instructions to protect the completed Work and materials, using best efforts to minimize further costs.
(3) Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. (4) As directed in the notice, Contractor must assign to City or cancel existing subcontracts that relate to performance of the terminated Work, subject to any prior rights, if any, of the surety for Contractor’s performance bond, and settle all outstanding liabilities and claims, subject to City’s approval.

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(5) As directed in the notice, Contractor must use its best efforts to sell any materials, supplies, or equipment intended solely for the terminated Work in a manner and at market rate prices acceptable to City.
(D) Payment Upon Termination. Upon completion of all termination obligations, as specified herein and in the notice of termination, Contractor will submit its request for Final Payment, including any amounts due following termination pursuant to this Article

13. Payment will be made in accordance with the provisions of Article 8, based on the portion of the Work satisfactorily completed, including the close out requirements, and consistent with the previously submitted schedule of values and unit pricing, including demobilization costs. Adjustments to Final Payment may include deductions for the cost of materials, supplies, or equipment retained by Contractor; payments received for sale of any such materials, supplies, or equipment, less re-stocking fees charged; and as otherwise specified in Section 8.3, Adjustment of Payment Application. (E) Continuing Obligations. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, record maintenance, or other such rights and obligations arising prior to the termination date.

Article 14 - Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code § 7103.5, Contractor and its Subcontractors agree to assign to 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. § 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties.

14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.

14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City.

14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.

14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that bids were due.

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14.6 Survival. The provisions that survive termination or expiration of this Contract include Contract Section 11, Notice, and subsections 12.1, 12.2, 12.3, 12.4, 12.5, and 12.6, of Section 12, General Provisions; and the following provisions in these General Conditions:

Section 2.2(J), Contractor’s Records, Section 2.3(C), Termination, Section 3.7, Ownership, Section 4.2, Indemnity, Article 12, Dispute Resolution, and Section 11.2, Warranty.

END OF GENERAL CONDITIONS
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Special Conditions

1. Authorized Work Days and Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays observed by City:
• Monday through Friday 8:30 a.m. - 3:30 p.m. for work affecting Balfour Road, Foothill Road, or Mountain View Drive.
• Monday through Friday 7:30 a.m. – 4:30 p.m. for all other areas. • Saturdays 8:00 a.m. – 5:00 p.m.

2. Pre-Construction Conference. City will designate a date and time for a preconstruction conference with Contractor following Contract execution. Project administration procedures and coordination between City and Contractor will be discussed, and Contractor must present City with the following information or documents at the meeting for City’s review and acceptance before the Work commences:

2.1 Name, 24-hour contact information, and qualifications of the proposed on-site superintendent;

2.2 List of all key Project personnel and their complete contact information, including email addresses and telephone numbers during regular hours and after hours;

2.3 Staging plans that identify the sequence of the Work, including any phases and alternative sequences or phases, with the goal of minimizing the impacts on residents, businesses and other operations in the Project vicinity;

2.4 If required, traffic control plans associated with the staging plans that are signed and stamped by a licensed traffic engineer;

2.5 Draft baseline schedule for the Work as required under Section 5.2, to be finalized within ten days after City issues the Notice to Proceed;

2.6 Breakdown of lump sum bid items, to be used for determining the value of Work completed for future progress payments to Contractor;

2.7 Schedule with list of Project submittals that require City review, and list of the proposed material suppliers;

2.8 Plan for coordination with affected utility owner(s) and compliance with any related permit requirements;

2.9 Videotape and photographs recording the conditions throughout the preconstruction Project site, showing the existing improvements and current condition of the curbs, gutters, sidewalks, signs, landscaping, streetlights, structures near the Project such as building faces, canopies, shades and fences, and any other features within the Project area limits;

2.10 If requested by City, Contractor’s cash flow projections; and

2.11 Any other documents specified in the Special Conditions or Notice of Potential Award.

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3. Insurance Requirements. The insurance requirements under Section 4.3 of the General Conditions are modified for this Contract, as set forth below. Except as expressly stated below, all other provisions in Section 4.3 are unchanged and remain in full force and effect.

3.1 Commercial General Liability (“CGL”) Insurance. The CGL insurance policy limits set forth in subsection 4.3(A)(1) of the General Conditions are modified for this Contract to require at least $2,000,000 per occurrence and at least $5,000,000 general aggregate.

3.2 Builders Risk Insurance Waived. The builder’s risk insurance policy requirement set forth in subsection 4.3(A)(5) of the General Conditions is hereby waived and does not apply to this Contract.

END OF SPECIAL CONDITIONS
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Packet Pg. 177 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440) Technical Specifications
City of Brentwood
Brentwood, California

FOR THE CONSTRUCTION OF THE

DEER RIDGE LANDSCAPE IMPROVEMENTS PROJECT
PROJECT NO. 352-52440
Volume 1
Technical Specifications Divisions 01 – 33
Nov 2021
In Association with
BKF Engineers
DTN Engineer, INC
GATES & Associates
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Packet Pg. 179 Attachment: Contract [Revision 2] (2661 : Award of Contract - Deer Ridge Landscape CIP# 352-52440)

CITY OF BRENTWOOD
Brentwood, California

DEER RIDGE LANDSCAPE IMPROVEMENTS PROJECT

TABLE OF CONTENTS
DIVISION 01 - GENERAL REQUIREMENTS
DIVISION 02 – EXISTING CONDITIONS
024119 Selective Demolition
DIVISION 26 - ELECTRICAL
260000 Requirements for Electrical Work
DIVISION 31 – EARTHWORKS
311000 Site Clearing
312100 Utility Trenching and Backfill
321100 Pavement Base Course
311216 Asphalt Paving
DIVISION 32 – EXTERIOR IMPROVEMENTS
321313 Concrete Pavement
328400 Irrigation Systems
329000 Landscape Planting
City of Brentwood
Deer Ridge Landscape Improvements Project
Table of Contents
Page TOC - 1
001010 Summary of Work
001150 Definition of Bid Items
001300 Submittals
001311 Scheduling and Reporting
001500 Construction Facilities and Temporary Controls
001550 Traffic Controls
001560 Environmental Protection
001660 Testing and Startup
001700 Project Closeout
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SECTION 001010

SUMMARY OF WORK
PART 1 - GENERAL

1.01 SUMMARY
A. The work to be done consists of furnishing all labor, materials, equipment, and services for the Deer Ridge Landscape Improvements Project, including irrigation and associated electrical auxiliaries; all trenching and backfilling; all piping; all paving; all structural facilities, all site work and grading; and all miscellaneous work as shown, specified or required for a complete, operational installation.

1.02 PROJECT SITE CONDITIONS
Site No. Description
1 New electrical Meter & Pedestal, New Water Meter, Irrigation Controller and Irrigation System, Planting (See Plans)
2 New Water Meter, Irrigation Controller and Irrigation System, Planting (See Plans)
3 New Water Meter, Irrigation Controller and Irrigation System, Planting (See Plans)
4 Install Interlocking Pavers (See Plans)
5 New Irrigation System, Planting (See Plans)
6 New Water Meter, Irrigation Controller and Irrigation System, Planting (See Plans)
7 New Water Meter, Irrigation Controller and Irrigation System, Planting (See Plans)
8 Install Interlocking Pavers (See Plans)
9 Install Interlocking Pavers (See Plans)
10 New Water Meter, Irrigation Controller and Irrigation System, Planting (See Plans)
11 New Irrigation Controller and Irrigation System, Planting (See Plans) 12 New Irrigation Controller and Irrigation System, Planting (See Plans) 13 New Irrigation System, Planting (See Plans)
14 Install Interlocking Pavers (See Plans)

1.03 CONTRACTOR SCOPE OF SERVICES:

A. The work to be performed under this contract comprises furnishing all labor, materials, equipment required to, but not limited to, perform the following items:

1. Install and Construct electrical meter pedestals, irrigation system, and landscaping as show in the plans for the City of Brentwood facilities described above, which includes, but is not limited to:
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b. Provide new site work including grading, paving, planting, equipment pads, and other work as required.

2. Provide traffic control along public streets (as needed) and site security.

1.04 CITY SCOPE OF SERVICES
A. The City will not furnish labor, materials, equipment or services necessary for the Project. All required services to construct the proposed water conveyance facilities shall be included in the Contractor’s scope of services and directly reflected in the Contractor’s final bid.

1.05 CITY PRE-PURCHASED EQUIPMENT
A. No pre-purchased materials or equipment will be provided by the City.

1.06 WORK INCLUDED
A. The Contractor shall furnish all labor, superintendence, materials, power, light, heat, fuel, water, tools, appliances, equipment, supplies, services, and other means of construction necessary or proper for performing and completing the work.

B. The Contractor shall obtain and pay for all required permits.

C. Contractor shall perform and complete the work in the manner best calculated to promote rapid construction consistent with safety of life and property, to the satisfaction of the Engineer and in strict accordance with the Contract Documents.

D. The Contractor shall clean up the work site and maintain it during and after construction, until accepted, and shall do all of the work and pay all costs incidental thereto.

E. The Contractor shall repair all structures, pavement, and property that may be damaged or disturbed during performance of the work.

F. The Contractor shall provide and maintain tools, and equipment as may be necessary to perform in a satisfactory and acceptable manner all the work required by this Contract. Only equipment of established reputation and proven efficiency shall be used. The Contractor shall be solely responsible for the adequacy of its equipment.

PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
** END OF SECTION **
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SECTION 001150

DEFINITION OF BID ITEMS
PART 1 - GENERAL

1.01 General
Payment for the various items of the Bid Schedule, as further specified herein, shall include full compensation to be received by the Contractor for furnishing all labor, materials, equipment and services, and do all work for the construction, maintenance, dewatering, testing, and placing in troublefree operation all items of work being described, including all appurtenances thereto and including the costs of all permits and the cost of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefor shall be included in the prices named in the Bid Schedule for the various items of work.

1.02 Bid Schedule
BID ITEM NO. 100: MOBILIZATION
The contract lump sum price paid for Mobilization shall include full compensation for furnishing all transportation, temporary facilities and utilities, labor, materials, equipment, and incidentals necessary to prepare the site in accordance with the project plans, the technical specifications, and as directed by the Engineer. Work shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and protection of employees and the public, protection of the work from damage by fire, weather or vandalism; obtaining bonds and insurance; preparation, submission, and re-submission of submittals; schedule preparation, public notification, cleaning and site maintenance; survey layout; all construction facilities and temporary controls described in Section 001500, and fees and permits. The bid price for mobilization and demobilization shall not exceed ten percent (10%) of the total bid amount.

BID ITEM NO. 101: TRAFFIC CONTROL SYSTEM AND CONSTRUCTION AREA SIGNS The contract lump sum price paid for Traffic Control Systems and Construction Area Signs shall include full compensation for furnishing all material, equipment, and labor to install Traffic Control and Temporary Construction Area Signs complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, concrete footing, and all incidentals.

BID ITEM NO. 102: CONSTRUCTION STAKING
The contract lump sum price paid for Construction Staking shall include full compensation for furnishing all material, equipment, and labor involved with performing Construction Staking work, as shown in the drawings, City Standard Details, and as specified herein, including monumentation record maps, setting control, and all incidentals.

BID ITEM NO. 103: WATER POLLUTION CONTROL
The contract lump sum price paid for Water Pollution Control shall include full compensation for furnishing all material, equipment, and labor to install Temporary Water Pollution Control complete, as shown in the drawings, City Standard Details, and as specified herein, including all incidentals.

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BID ITEM NO.200: CLEARING AND GRUBBING
The contract unit price paid per square foot for Clearing and Grubbing shall include full compensation for furnishing all material, equipment, and labor to clear and grub vegetation as shown in the drawings and as specified herein, including protection of items not intended for removal, dust and noise control, material disposal, fees, and all incidentals.

BID ITEM NO. 201: REMOVE CONCRETE CURB AND GUTTER
The contract unit price paid per linear foot for Removal of Concrete Curb and Gutter shall include full compensation for furnishing all materials, equipment, transportation, and incidentals required to complete all existing concrete curb and gutter removal work in accordance with plans. Demolition work includes but is not limited to the areas indicated in the Specifications, Plans and other contract documents, and additional work as noted in section 024119.

BID ITEM NO. 202: REMOVE CONCRETE FLATWORK
The contract unit price paid per square foot for Removal of Concrete Flatwork shall include full compensation for furnishing all materials, equipment, transportation, and incidentals required to complete all existing concrete flatwork removal work in accordance with plans. Demolition work includes but is not limited to the areas indicated in the Specifications, Plans and other contract documents, and additional work as noted in section 024119.

BID ITEM NO.203: TREE REMOVAL AND DISPOSAL
The contract unit price paid per each for Tree Removal and Disposal shall include full compensation for furnishing all material, equipment, and labor to remove and dispose of trees as shown in the drawings and as specified herein, including protection of items not intended for removal, dust and noise control, material disposal, fees, and all incidentals.

BID ITEM NO. 300: CONCRETE CURB AND GUTTER
The contract unit price paid per linear foot for Concrete Curb and Gutter per City Standard ST-23 shall include full compensation for furnishing all materials, equipment, and labor required to install new concrete surfaces as shown on the drawings, Governing City Standard Details, and as specified, including locating and protecting utilities, aggregate base (AB), import of materials, compaction of bases, formwork, steel reinforcement, joints, placement, and restoration of adjacent surfaces, and all incidentals.

BID ITEM NO. 301: CONCRETE SIDEWALK
The contract unit price paid per square foot for Concrete Sidewalk per City Standard ST-23 (4 inch PCC over 4 inch AB) shall include full compensation for furnishing all materials, equipment, and labor required to install new concrete surfaces as shown on the drawings, Governing City Standard Details, and as specified, including locating and protecting utilities, aggregate base (AB), import of materials, compaction of bases, formwork, steel reinforcement, joints, placement, and restoration of adjacent surfaces, and all incidentals.

BID ITEM NO. 302: INTERLOCKING PAVERS
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The contract unit price paid per square foot for Interlocking Pavers shall include full compensation for furnishing all material, equipment, and labor to install pavers complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, base materials, and all incidentals.

BID ITEM NO. 303: 12 INCH CONCRETE MOWING STIPE (CITY STD L-9) The contract unit price paid per linear foot for 12 inch Concrete Mowing Stripe per City Standard L-9 shall include full compensation for furnishing all material, equipment, and labor to install new concrete surfaces complete, as shown in the drawings, City Standard Details, and as specified herein, including locating and protecting utilities, aggregate base (AB), import of materials, compaction of bases, formwork, steel reinforcement, joints, placement, and restoration of adjacent surfaces, and all incidentals.

BID ITEM NO. 400: HOT MIX ASPHALT (HMA) – TRENCH RESTORATION The contract unit price paid per square foot for Asphalt Concrete Paving shall include full compensation for furnishing all materials, equipment, and labor required to install new pavement as shown on the drawings, City Standard Details, and as specified, including locating and protecting utilities, aggregate base (AB), import of materials, placement, compaction, striping and pavement markers, restoration of adjacent surfaces, testing, and all incidentals.

BID ITEM NO. 500: MAIN GEAR/METER/DIST PANEL/OUTLET (100A 3-Phase 120/208V 22KA) (CITY STD I-21)
The contract unit price paid per each Main Gear, Meter, Distribution Panel, and outlet per City Standards I-21 shall include full compensation for furnishing all materials, equipment, staging and labor to provide electrical site work at the specified locations as shown in the drawings, including trenching and backfill; electrical tests, shop drawing preparations, and manuals; and all incidentals.

BID ITEM NO. 501: DISTRIBUTION CIRCUIT BREAKER PANEL (100A 3-Phase 120/208V 22KA) The contract unit price paid per each Distribution Panel shall include full compensation for furnishing all materials, equipment, staging and labor to provide electrical site work at the specified locations as shown in the drawings, including trenching and backfill; electrical tests, shop drawing preparations, and manuals; and all incidentals.

BID ITEM NO. 502: STARTUP/COMMISSIONING/PG&E CHARGES
The contract unit price paid per each Startup and Commissioning of Electrical systems shall include full compensation for furnishing all materials, equipment, staging and labor to provide electrical site work at the specified locations as shown in the drawings, including fees; and all incidentals.

BID ITEM NO. 503: CABLES, CONDUITS, HORIZONTAL DRILLING, TRENCHING, BOLLARDS The contract lump sum price for all electric and signal Cables, Conduits, Horizontal Drilling, Metal Bollards and Foundations shall include full compensation for furnishing all material, equipment, and labor to install new cables, conduits, fixed metal pipe bollards complete, as shown in the drawings, governing City standards, and as specified herein, including excavation, concrete footing, metal pipe bollard, chain work, coating, and all incidentals.

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BID ITEM NO. 600: 5/8 INCH WATER METER (CITY STD W-6)
The contract unit price paid per each for 5/8 Inch Water Meter per City Standards W-6 shall include full compensation for furnishing all material, equipment, and labor to construct a new water meter complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, pavement and surface restoration, transport and disposal of materials in accordance with applicable State and Federal regulations, striping, and all incidentals.

BID ITEM NO. 601: 1 INCH WATER METER (CITY STD W-6)
The contract unit price paid per each for 1 Inch Water Meter per City Standards W-6 shall include full compensation for furnishing all material, equipment, and labor to construct a new water meter complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, pavement and surface restoration, transport and disposal of materials in accordance with applicable State and Federal regulations, striping, and all incidentals.

BID ITEM NO. 602: COOPER PIPE
The contract unit price paid per linear foot for Cooper Pipe per City Standards W-5 shall include full compensation for furnishing all material, equipment, and labor to construct a new standard water service complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, pavement and surface restoration, transport and disposal of materials in accordance with applicable State and Federal regulations, striping, and all incidentals.

BID ITEM NO. 603: CONNECTION TO WATER MAIN (CITY STD W-5) The contract unit price paid per each for Connection to Water Main per City Standards W-5 shall include full compensation for furnishing all material, equipment, and labor to construct a new standard water service complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, pavement and surface restoration, transport and disposal of materials in accordance with applicable State and Federal regulations, striping, and all incidentals.

BID ITEM NO. 700: SOIL AMENDMENT & PREP
The contract unit price paid per square foot for Soil Amendment shall include full compensation for furnishing all material, equipment, labor to amend and prepare soil for planting complete, and testing of amended soil, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, compost materials, transport and disposal of materials in accordance with applicable State and Federal regulations, and all incidentals.

BID ITEM NO. 701: PLANTING 1 GAL
The contract unit price paid per each for Planting 1 gallon plants shall include full compensation for furnishing all material, equipment, and labor for planting complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, watering, and all incidentals.

BID ITEM NO. 702: MULCH
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The contract unit price paid per cubic yard for mulch shall include full compensation for furnishing all material, equipment, and labor for placing mulch complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, and all incidentals.

BID ITEM NO. 703: 15 GAL TREE
The contract unit price paid per each for Planting 15 gallon trees shall include full compensation for furnishing all material, equipment, and labor for planting trees complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, watering, and all incidentals.

BID ITEM NO. 704: SOD
The contract unit price paid per square foot for Sod shall include full compensation for furnishing all material, equipment, and labor for placing sod complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, watering, and all incidentals.

BID ITEM NO. 705: NEW AND RENOVATED IRRIGATION
The contract unit price paid per square foot for New and Renovated Irrigation shall include full compensation for furnishing all material, equipment, and labor for installing irrigation complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, pipping, solvents and glue, pressure testing, and all incidentals.

BID ITEM NO. 706: RAINMASTER DX3 IRRIGATION CONTROLLER AND CABINET “A” The contract unit price paid per each for Rainmaster DX3 Irrigation Controller and Cabinet shall include full compensation for furnishing all material, equipment, and labor for installing irrigation controllers complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, pipping, solvents and glue, and all incidentals.

BID ITEM NO. 707: RAINMASTER DX3 PANEL UPGRADE AT EXISTING CONTROLLER The contract unit price paid per each for Rainmaster DX3 Panel Upgrade shall include full compensation for furnishing all material, equipment, and labor for installing irrigation controllers complete, as shown in the drawings, City Standard Details, and as specified herein, including all incidentals.

BID ITEM NO. 708: LIET SOLAR IRRIGATION CONTROLLER ON 48” COLUMN AND CABINET The contract unit price paid per each for Liet Solar Irrigation Controller and Cabinet shall include full compensation for furnishing all material, equipment, and labor for installing irrigation controllers complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, pipping, solvents and glue, and all incidentals.

BID ITEM NO. 709: FLOW SENSOR AND MASTER VALVE FOR NEW DX3 CONTROLLER “A” C.11.b
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The contract unit price paid per each for Flow Sensor and Master Valve for New DX3 Controller shall include full compensation for furnishing all material, equipment, and labor for installing irrigation controllers complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, pipping, solvents and glue, and all incidentals.

BID ITEM NO. 710: IRRIGATION BACKFLOW PREVENTER (CITY STD W-8) The contract unit price paid per each for Irrigation Backflow Preventor per City Standards W-8 shall include full compensation for furnishing all material, equipment, and labor for installing irrigation controllers complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport and disposal of materials in accordance with applicable State and Federal regulations, pipping, and all incidentals.

BID ITEM NO. 800: PUMP CONTROLLER (10HP)
The contract unit price paid per each for Pump Controller shall include full compensation for furnishing all material, equipment, and labor for installing pump controllers complete, as shown in the drawings, and as specified herein, including pumps, controllers, transport, conduits, cables, stainless steel enclosures, concrete pads, excavation, backfill, and all incidentals.

BID ITEM NO. 801: LIGHTING FIXTURES
The contract unit price paid per each for Lighting Fixtures shall include full compensation for furnishing all material, equipment, and labor for installing lighting fixtures complete, as shown in the drawings, City Standard Details, and as specified herein, including excavation, backfill, transport, conduits, cables, lighting fixtures, and all incidentals.

BID ITEM NO. 802: DEMOLITION OF EXISITING ELECTRICAL EQUIPMENT The contract lump sum price for Demolition of Existing Electrical and Fountain Pump Equipment shall include full compensation for furnishing all material, equipment, and labor for demolition and removal of electrical and fountain pump equipment complete, as shown in the drawings, and as specified herein, including excavation, backfill, transport, abandoning vaults, and all incidentals.

BID ITEM NO. 803: POND PLUMBING AND SEALING
The contract lump sum price for Pond Plumbing and Sealing shall include full compensation for furnishing all material, equipment, and labor for repairing the fountain ponds to working condition complete, as shown in the drawings, and as specified herein, sealing concrete cracks, waterproofing ponds, restoring fountain plumbing, and all incidentals BID ITEM NO. 804: STARTUP/COMMISSIONING
The contract unit price paid per each Startup and Commissioning of Electrical systems shall include full compensation for furnishing all materials, equipment, staging and labor to provide electrical site work at the specified locations as shown in the drawings, including fees; and all incidentals.

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PART 2 - PRODUCTS – NOT USED
PART 3 - EXECUTION – NOT USED
**END OF SECTION**
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SECTION 001300

SUBMITTALS
PART 1 - GENERAL

1.01 SUMMARY
A. Section Includes:

1. Description of general requirements for project Submittals.

1.02 SUBMITTALS
A. Where required by the Specifications, the Contractor shall submit descriptive information which will enable the Engineer to advise the City whether the Contractor's proposed materials, equipment or methods of work are in general conformance with the design concept and are in compliance with the drawings and specifications. The information to be submitted shall consist of drawings, specifications, descriptive data, certificates, samples, test results and other such information, all as specifically required in the Specifications.

B. The Contractor shall submit the following items:

1. Schedule of Submittals and Shop Drawings

2. List of Submittals, Shop Drawings, Product Data and Materials

3. Contractor’s Safety Program

4. Designated Safety Supervisor

5. Designated “Competent Person(s)”

6. Schedule of Values

7. Construction Schedule

8. Substitutions List

9. Shop Drawings

10. Product Data

11. Samples

12. Material Safety Data Sheets

13. Operation and Maintenance Manuals

14. Project Closeout Information

15. Warranty Data

16. Others as Specified in the Technical Specifications

17. Manufacturer’s Instructions

18. Manufacturer’s Certifications and Test Reports
C. Quantity of Submittals:

1. Submit one (1) digital PDF format of all submittals. a. PDF submittal shall be clear and readable.
b. Provide searchable PDF file.
c. Annotate or mark submittal to clearly show the item or model being submitted.

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d. Organization and Binding of Submittals: The initial and subsequent submittals of drawings and data for review shall be organized and bound with a Table of Contents so that eventually they may be used as guides for preparing the required maintenance manuals.

PDF files shall have active links in the Table of Contents or they shall have bookmarks per the Table of Contents.

D. Where the Contractor is required by these Specifications to submit samples of products, the Contractor shall provide a sufficient number of physical samples to allow three (3) to be retained by the Engineer of all structural and architectural products involving color, finish, texture, or the like.

E. List of Submittals:

1. Within ten (10) days after the Notice to Proceed, the Contractor shall submit a List of Submittals to the Engineer for review.

2. The List shall include all items of equipment and materials for necessary project disciplines (Civil, Electrical, Mechanical etc) and the names of manufacturers with whom purchase orders have been or will be placed.

3. The List shall be arranged in the same order as the Specifications, and shall contain sufficient data to identify all items of material and equipment the Contractor proposes to furnish. The List shall include Specification and/or Drawing references.

4. After the submission is favorably reviewed and returned to the Contractor by the Engineer, it shall become the basis for the submission of detailed manufacturer's drawings, catalog cuts, curves, diagrams, schematics, data, and information on each separate item for review as set forth in the Specifications.

F. The Contractor shall be responsible for the accuracy and completeness of the information contained in each submittal and shall ensure that the material, equipment or method of work shall be as described in the submittal.

1. Submittals shall contain all required information, including satisfactory identification of items, units and assemblies in relation to the contract drawings and specifications.

2. The Contractor shall verify that the material and equipment described in each submittal conforms to the requirements of the specifications and drawings.

3. Unless otherwise approved by the Engineer, submittals shall be made only by the Contractor, who shall indicate by a signed stamp on the submittals that the Contractor has checked the submittals and that the work shown conforms to contract requirements and has been checked for dimensions and relationship with work of all other trades involved.

4. If the information shows deviations from the specifications or drawings, the Contractor, by statement in writing accompanying the information, shall identify the deviations and state the reason(s) therefore.

5. The Contractor shall ensure that there is no conflict with other submittals and shall notify the Engineer in each case where the Contractor’s submittal may affect the work of another contractor or the City.

6. The Contractor shall ensure coordination of submittals among the related crafts and subcontractors.

1.03 SUBMITTAL TRANSMITTAL PROCEDURE
A. General: Submittals regarding material and equipment shall be accompanied by a transmittal form from the Contractor. A separate form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete specification sections for which a submittal is C.11.b
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required. However, submittals for various items shall be made with a single form only when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole.

B. Submittal Identification: Each set of submittals or samples shall be attached to the submittal transmittal form.

1. The submittal number shall be made up of two parts: XXX-ZZ. The XXX shall be sequential number 001 for the first item submitted, 002 for the second, etc. The ZZ shall be the sequential number of a specific submittal or resubmittal (01 for the first submittal, 02 for the first resubmittal, etc.).

2. All submittals shall show the contract title, shall indicate the name of the vendor, and shall indicate when the equipment and/or material will be required by the construction schedule.

3. The submittal must be adequate to permit a comprehensive review without further reference to the Contractor. The documents submitted must be separately identifiable on the Contractor's submittal transmittal form.

C. Deviation from Contract: If the Contractor proposes to provide material or equipment which does not conform to the specifications and drawings, this shall be indicated under "deviations" on the submittal transmittal form accompanying the submittal copies.

1. If the City accepts such deviation, the City shall issue an appropriate Contract Change Order, except that, if the deviation is minor, or does not involve a change in price or in time of performance, a Change Order need not be issued.

2. If any deviations from the Contract requirements are not noted on the submittal, the review of the shop drawing shall not constitute acceptance of such deviations.

D. Submittal Completeness: Submittals which do not have all the information required to be submitted, including deviations, shall be considered as not complying with the intent of the contract and are not acceptable and will be returned without review.

1. A complete submittal shall contain sufficient data to demonstrate that the items comply with the Specifications, shall meet the minimum requirements for submissions cited in the technical specifications, shall include materials and equipment data and seismic anchorage certifications where required, and shall include any necessary revisions required for equipment other than first named.

E. Review of Subsequent Resubmittals: It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Engineer at least by the second submission of data. At the discretion of the Engineer costs associated with the review of any subsequent resubmittals may be borne by the Contractor. The Contractor will be billed for these costs by the City. Costs due may be deducted from progress payments due the Contractor by the City.

1.04 SUBMITTAL REVIEW
A. The Contractor shall provide all submittals to the Engineer at the earliest feasible time possible to facilitate a comprehensive review that does not impact construction related progress.

B. Within 14 calendar days after receipt of the submittal by the Engineer, the submittal will be reviewed by the Engineer and the Engineer will return the marked-up submittal. On complex drawings and equipment the Engineer shall acknowledge receipt within 30 days and advise the Contractor when the submittal will be returned. The returned submittal shall indicate one of the following actions.

1. If the review indicates that the material, equipment or work method is in general conformance with the design concept and complies with the drawings and specifications, submittal copies C.11.b
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will be marked "NO EXCEPTIONS TAKEN". In this event, the Contractor may begin to implement the work method or incorporate the material or equipment covered by the submittal.

2. If the review indicates limited corrections are required, copies will be marked "MAKE CORRECTIONS NOTED". The Contractor may begin implementing the work method or incorporating the material and equipment covered by the submittal in accordance with the noted corrections. Where submittal information will be incorporated in operation and maintenance data, a corrected copy shall be provided. Otherwise, no resubmittal will be required.

3. If the review reveals that the submittal is insufficient or contains incorrect data, copies will be marked "AMEND AND RESUBMIT". The Contractor shall not undertake work covered by this submittal until the submittal has been revised, resubmitted and returned marked either 'NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED".

4. If the review indicates that the material, equipment or work method is not in general conformance with the design concept or in compliance with the drawings and specifications, copies of the submittal will be marked "REJECTED - SEE REMARKS". Submittal with deviations which have not been identified clearly may be rejected. The Contractor shall not undertake work covered by such submittal until a new submittal is made and returned marked either "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED".

C. Review of drawings, methods of work, or information regarding materials or equipment the Contractor proposes to provide shall not relieve the Contractor of responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the Engineer, the City’s Representative or the City, or by any officer, employee or subcontractor thereof, and the Contractor shall have no claim under the contract on account of the failure or partial failure of the method of work, material, or equipment so reviewed.

1. A mark of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the City has no objection to the Contractor, upon its own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed.

2. Favorable review of submittals does not constitute a change order to the Contract requirements.

3. The favorable review of all submittals by the Engineer shall apply in general design only and shall in no way relieve the Contractor from responsibility for errors or omissions contained therein.

4. Favorable review by the Engineer shall not relieve the Contractor of its obligation to meet safety requirements and all other requirements of laws, nor constitute a Contract Change Order.

5. Favorable review by the Engineer will not constitute acceptance by the Engineer of any responsibility for the accuracy, coordination, and completeness of the submittals or the items of equipment represented on the submittals.

6. The favorable review of shop drawings shall be obtained prior to the fabrication, delivery and construction of items requiring shop drawing submittal. **END OF SECTION**
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SECTION 001310

SCHEDULE AND REPORTING
PART 1 - GENERAL

1.01 GENERAL
A. The scheduling of the work under the Contract shall be performed in accordance with the requirements of this Section.

B. The development of the schedule, the cost loading of the schedule, monthly payment requisitions and project status reporting requirements of the Contract shall employ computerized Critical Path Method (CPM) or bar chart scheduling.

1.02 DEFINITIONS AND REQUIREMENTS
A. Critical Path Method (CPM): CPM, as required by this Section, shall be interpreted to be generally as outlined in the Association of General Contractors (AGC) publication, "The Use of CPM in Construction." except that either "i-j" arrow diagrams or precedence diagramming format may be utilized. In the case of conflicts between this specification and the AGC Document, this specification shall govern.

B. Construction Schedules: Construction schedules shall include a graphic network diagram and computerized construction schedule reports.

C. Networks: The CPM network shall be in a form of a time scaled "i-j" activity-on-arrow or precedence type diagram and may be divided into a number of separate sheets with suitable match lines relating the interface points among the sheets.

1. Individual sheets shall not exceed 24-inch by 36-inch.

D. All construction activities and procurement shall be indicated in a time-scaled format and a calendar time line shall be shown along the entire sheet length.

1. Each activity arrow or node shall be plotted so that the beginning and completion dates of each activity are accurately represented along the calendar time line.

2. All activities shall be shown using the symbols that clearly distinguish between critical path activities, non-critical activities and free float for each non-critical activity.

3. All activity items shall be identified by their respective Activity Number, Responsibility Code, Work Duration, and their Dollar Value.

4. All non-critical path activities shall show their total float time in scale form by utilizing a dotted line or some other graphical means.

E. Duration Estimates: The duration estimate indicated for each activity shall be computed in calendar days and shall represent the single best estimate considering the scope of the activity work and resources planned for the activity. Except for certain non-labor activities, such as curing of concrete or delivery of materials, activity duration shall not exceed 10 calendar days nor be less than one calendar day unless otherwise accepted by the Engineer.

F. Float Time: Float time shall be as follows:

1. Definition: Unless otherwise provided herein, float as referenced in these documents, is total float. Total float is the period of time measured by the number of calendar days each noncritical path activity may be delayed before it and its succeeding activities become part of the critical path. If a non-critical path activity is delayed beyond its float period, that activity then C.11.b
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becomes part of the critical path and controls the end date of the project. Thus, the delay of the non-critical path activity beyond its float period will cause delay to the project itself.

2. Float Ownership: Neither the City nor the Contractor owns the float time. The project owns the float time. As such, liability for delay of the project completion date rests with the party actually causing delay to the project completion date. For example, if Party A uses some, but not all of the float time and Party B later uses the remainder of the float time as well as additional time beyond the float time, Party B shall be liable for the costs associated with the time that represents a delay to the project's completion date. Party A would not be responsible for any costs since it did not consume all of the float time and additional float time remained, therefore, the project's completion date was unaffected.

1.03 SUBMITTALS
A. Submit schedules per requirements of Section 01300.

B. Preliminary Schedule

1. The Contractor shall submit a preliminary schedule document at the Preconstruction Conference, to identify the manner in which the Contractor intends to complete all work within the Contract Time.

C. Original Schedule

1. The Contractor shall submit an original schedule document within 21 days following the Preconstruction Conference.

D. Revised or Updated Schedules

1. Submit when required to reflect changes to original schedule.

1.04 CONSTRUCTION SCHEDULE
A. The schedule shall indicate the major components of the project work and the sequence relations between major components and subdivisions of major components.

B. The schedule shall be cost loaded based on the schedule of values as approved by the Engineer.

C. Sufficient detail shall be included for the identification of subdivisions of major components.

D. The schedule shall include all legal holidays observed by the City.

E. Planned durations and start dates shall be indicated for each work item subdivision. Each major component and subdivision component shall be accurately plotted on time scale sheets not to exceed 24-inch by 36-inch in size. Not more than three sheets shall be employed to represent this information.

1.05 SCHEDULE REVIEW
A. The Engineer and the Contractor shall meet to review and discuss the preliminary schedule within 14 days after it has been submitted to the Engineer.

1. The Engineer’s review and comment on the schedules shall be limited to Contract conformance with the sequencing and milestone requirements as stated in other sections of the specifications.

2. The Contractor shall make corrections to the schedules necessary to comply with the Contract requirements and shall adjust the schedules to incorporate any missing information requested by the Engineer.

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1.06 ACCEPTANCE
A. The acceptance of the Contractor's schedule by the Engineer will be based solely upon the schedule's compliance with the Contract requirements.

B. By way of the Contractor assigning activity durations and proposing the sequence of the Work, the Contractor agrees to utilize sufficient and necessary management and other resources to perform the work in accordance with the schedule.

C. Upon submittal of a schedule update, the updated schedule shall be considered the "current" project schedule.

D. Submission of the Contractor's progress schedule to the Engineer shall not relieve the Contractor of the Contractor's total responsibility for scheduling, sequencing, and pursuing the Work to comply with the requirements of the Contract Documents, including adverse effects such as delays resulting from ill-timed work.

1.07 MONTHLY UPDATES AND PERIODIC SCHEDULE SUBMITTALS
A. Following the acceptance of the Contractor's Original Construction Schedule, the Contractor shall monitor the progress of the Work and adjust the schedule each month to reflect actual progress and any changes in planned future activities.

1. Each schedule update submitted must be complete including all information requested in the original schedule submittal.

2. Each update shall continue to show all work activities including those already completed.

3. These completed activities shall accurately reflect the "as built" information by indicating when the work was actually started and completed.

B. Neither the submission nor the updating of the Contractor's original schedule submittal nor the submission, updating, change or revision of any other report, curve, schedule or narrative submitted to the Engineer by the Contractor under this Contract, nor the Engineer's review or acceptance of any such report, curve, schedule or narrative shall have the effect of amending or modifying, in any way, the Contract completion date or milestone dates or of modifying or limiting, in any way, the Contractor's obligations under this Contract. Only a signed, fully executed change order can modify these contractual obligations.

C. The monthly schedule update submittal will be reviewed with the Contractor during a construction progress meeting held on a month end date to be determined. The goal of these meetings is to enable the Contractor and the Engineer to initiate appropriate remedial action to minimize any known or foreseen delay in completion of the Work and to determine the amount of Work completed since the last month's schedule update.

1. The status of the Work will be determined by the percent complete of each activity shown in the Network Diagram.

2. These meetings are considered a critical component of the overall monthly schedule update submittal and the Contractor shall have appropriate personnel attend.

3. As a minimum, these meetings shall be attended by the Contractor's Project Manager and General Superintendent.

4. Within seven (7) calendar days after the progress meeting, the Contractor shall submit the revised schedule.

5. Within five (5) calendar days of receipt of the above noted revised submittals, the Engineer will either accept or reject the monthly schedule update submittal.

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6. If accepted, the percent complete shown in the monthly update will be the basis for the Application for Payment to be submitted by the Contractor.

7. If rejected, the update shall be corrected and resubmitted by the Contractor before the Application for Payment for the update period can be processed.

D. Schedule Revisions: The Contractor shall highlight or otherwise identify all changes from the previous schedule. The Contractor shall modify any portions of the schedule that become infeasible because of activities behind-schedule or for any other valid reason.

1.08 CHANGE ORDERS
A. Upon approval of a change order, or upon receipt by the Contractor of authorization to proceed with additional work, the change shall be reflected in the next submittal of the schedule by the Contractor.

B. The Contractor shall utilize a sub-network in the schedule depicting the changed work and its effect on other activities.

C. This sub-network shall be tied to the main network with the appropriate logic so that a true analysis of the Critical Path can be made.

1.09 PROJECT STATUS REPORTING
A. In addition to the submittal requirements for the scheduling identified in this Section, the Contractor shall provide monthly project status reports.

B. The Contractor shall prepare monthly written narrative reports of the status of the project for submission to the Engineer. Written status reports shall include:

1. The status of major project components (Percent Complete, amount of time ahead or behind schedule) and an explanation of how the project will be brought back on schedule if delays have occurred.

2. The progress made on critical activities indicated on the schedule.

3. Explanations for any lack of work on critical path activities planned to be performed during the last month.

4. Explanations for any schedule changes, including changes to the logic or to activity durations.

5. A list of the critical activities scheduled to be performed in the next two month period.

6. The status of major material and equipment procurement.

7. The value of materials and equipment properly stored at the site, but not yet incorporated into the work-in-place.

8. Any delays encountered during the reporting period.

9. An assessment of inclement weather delays and impacts to the progress of the Work.

C. The Contractor may include any other information pertinent to the status of the project. The Contractor shall include additional status information requested by the Engineer.

1.10 INCLEMENT WEATHER PROVISIONS OF THE SCHEDULE
A. The Contractor's construction schedule shall include lost days on the CPM schedule's critical path due to inclement weather typical for the area of construction based on the average rain days for the past five (5) years.

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PART 3 - EXECUTION (NOT USED)
**END OF SECTION**
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CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 - GENERAL

1.01 SUMMARY
A. The Contractor shall provide all temporary facilities and utilities required for execution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation.

B. Temporary facilities utilized on the project shall be in complete accordance with requirements set forth in the Caltrans Standard Specifications.

C. The Contractor shall keep the work site clean and free from rubbish and debris. Materials and equipment shall be removed from the site when they are no longer necessary on a daily basis as directed by the Engineer. All cables, slings and other materials used to set the pipe and equipment shall be removed from the project site. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, unused materials, and rubbish to present a clean and neat appearance.

D. See Section 01560 for additional environmental protection requirements.

1.02 TEMPORARY FACILITIES
A. Electrical Service

1. The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary electrical service at a mutually agreeable location.

2. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations.

3. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities.

B. Water

1. The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction.

2. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State for potable water.

3. The Contractor shall pay for all water used for the Contractor's operations prior to final acceptance.

C. Sanitary Conveniences

1. The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work.

2. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work.

3. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters.

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4. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition.

D. Telephone/Internet

1. The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary telephone or internet services for its use during construction.

2. Contractor shall pay for all required services required for its own use as necessary.

1.03 CONSTRUCTION FACILITIES
A. Construction hoists, scaffolds, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided.

B. Staging and Falsework

1. Temporary supports shall be designed by a professional registered engineer with an adequate safety factor to assure adequate load bearing capability. If requested by the Engineer, the Contractor shall submit design calculations for staging and shoring prior to application of loads.

2. Excavation support shall be in accordance with applicable codes and regulations.

C. Temporary Enclosures

1. When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees or the public are in progress, the area of activity shall be enclosed adequately to contain the dust, over-spray, or other hazard.

2. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures.

D. Warning Devices and Barricades

1. The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers.

2. Such devices shall, as a minimum, conform to the requirements of Cal/OSHA.

1.04 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS A. The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property.

B. The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

C. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury.

If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch.

D. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right-of-way which are designated for removal or would be destroyed because of the Work.

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1.05 ACCESS ROADS
A. Access roads shall be maintained to all storage areas and other areas to which frequent access is required. Similar roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed, such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities.

1.06 WORKING HOURS
A. Construction shall be allowed only between the hours of 7:00 a.m. and 3:30 p.m. Monday through Friday unless otherwise approved in writing by the Engineer. See Drawing G003 for special hours of work at specific locations.

B. The Contractor shall be responsible for any inspection and additional administration costs incurred by the City, or its agents and representatives, for work by the Contractor outside the hours defined above on weekdays, or any work on weekends or holidays recognized by the City. Such costs shall be withheld from the succeeding monthly progress payment. Any work specifically required to be performed outside the normal working hours is excluded from the provisions of this paragraph.

C. The Contractor shall notify the Engineer at least one working day prior to any work outside the normal working hours defined above, on weekends or holidays.

1.07 DRAINAGE CONTROL

1. In all construction operations, care shall be taken not to disturb the existing drainage pattern whenever possible.

2. Particular care shall be taken not to direct drainage water onto private property. Drainage water shall not be diverted to streets or drainage ways inadequate for the increased flow.

3. Drainage means shall be provided to protect the Work and adjacent facilities from damage due to water from the site or due to altered drainage patterns from construction operations.

4. Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters, storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses.

1.08 STORMWATER POLLUTION PREVENTION
A. Erosion Control

1. To reduce potential water-borne erosion impacts, the Contractor shall incorporate the following best management practices into the project:
a. Erosion control measures to reduce post-construction erosion, such as re-vegetation with local native plant species and installation of appropriate slope protection. b. Provide and maintain all necessary erosion and sediment control measures throughout the construction period as required to minimize stormwater pollution control from the Contractor’s work area. Erosion and sediment control measures may include, but are not limited to, straw bale dikes, sand bag dikes, silt fences, drainage swales, pipe drains, sediment traps, protective sheets, jute matting, hydro-seeding, and appropriate surface contouring. The Contractor shall notify the Engineer if erosion and sediment control measures do not operate properly and shall take all necessary protective action. c. The Contractor shall secure erosion control devices at the end of each work shift during the period from November 1 to April 30, or when rain is forecast prior to the next work day.

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Nov 2021 001500 - 4 Construction Facilities and Temporary Controls d. Grading activities shall be prohibited during the period when rain is falling and runoff is observed at the site. The Contractor shall immediately secure the site for erosion control and storm water runoff.
e. Prepare drainage ways that handle concentrated or increased runoff from disturbed areas by using riprap or other lining materials to control erosion. f. Reduce erosion by limiting the area and time of exposure, and by the provision of diversion channels.
g. Use temporary plant cover, mulching, and/or structures to control runoff and protect areas subject to erosion during construction.
h. Minimize soil exposure during the rainy season by proper timing of grading and construction and be prepared to shut down all earthwork if heavy precipitation occurs. i. Have erosion control equipment and materials on site if needed in an emergency to quickly construct temporary collectors, diversion channels, intercept drains, berms, dikes or filters.

1.09 CONSTRUCTION CLEANING
A. The Contractor shall, at all times, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations.

1.10 DISPOSAL OF MATERIAL
A. The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved.

1. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the City from any and all responsibility in connection with the disposal of material on said property.

2. When material is disposed of as above provided, the Contractor shall conform to all required codes pertaining to grading, hauling, and filling of earth.

1.11 PARKING AND STORAGE AREAS
A. All stockpiled materials and parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public.

B. Locations of stockpiles, parking areas, and equipment storage must be approved by the Engineer.

1.12 BIOLOGICAL RESOURCES PROTECTION
A. See the CEQA Mitigation Monitoring and Reporting Program, developed for the City of Brentwood Recycled Water Project, for requirements.

1.13 CULTURAL RESOURCES PROTECTION
A. If historical, archeological or paleontological artifacts are discovered, all work must stop in the immediate vicinity. The Contractor shall protect the discovered items, notify the Engineer, and comply with applicable law.

B. If human remains are discovered, all work must stop in the immediate vicinity of the find, and the County Coroner must be notified, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California’s Health and Safety Code.

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Nov 2021 001500 - 5 Construction Facilities and Temporary Controls C. If the remains are determined to be Native American, the coroner will notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed.

D. See the CEQA Mitigation Monitoring and Reporting Program, developed for the City of Brentwood Recycled Water Project, for additional requirements.

1.14 PROJECT OFFICE - OPTIONAL
A. The Contractor may, at its option, maintain on the project pump station site a project office or other protected area in which project copies of the Contract Documents, project progress records, project schedule, shop drawings, and other relevant documents will be accessible to the Engineer during normal working hours.
**END OF SECTION**
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SECTION 001550

TRAFFIC CONTROL
PART 1 - GENERAL

1.01 OBJECTIVES
A. The Contractor shall provide for safe movement of vehicular, bicycle and pedestrian traffic through and around construction operations. Traffic control requirements set forth herein and as shown on the Drawings are the minimum requirements imposed. The Contractor shall be solely responsible for providing all protective measures necessary.

B. Proper traffic movement through the work area depends upon the driver controlling and directing his vehicle properly under unexpected situations and pedestrian attention to signs. The means of clarifying such conditions to the public include signs, flaggers, pavement markings, barricades, lights, cones and delineators.

C. No one standard sequence of signs or control devices will suit all conditions, which may result from construction operations. Even for the same work the conditions may vary from hour to hour, requiring adjustment and revision of the traffic control program in effect.

D. The traffic control requirements specified herein are intended to establish general principles to be observed in the control and regulation of traffic through and around construction operations anticipated for this project.

E. Clean up site each day after completing work and remove all traffic hazards. Daily traffic control measures shall continue until cleanup activities have been satisfactorily completed and all of the Contractor's equipment has been removed from the traveled way area.

1.02 DESCRIPTION OF WORK
A. Work included:

1. At all times, the Contractor shall provide safe and adequate passage for vehicular and pedestrian traffic through, around and adjacent to all construction operations by use of detours, bridging, backfilling, paving, traffic barriers or other favorably reviewed means.

2. The Contractor shall establish and maintain detours and conduct his construction operations in such a manner as to minimize hazard, inconvenience and disruption to the public.

3. Traffic control shall be directed equally to the regulation and protection of pedestrian and bicycle traffic.

4. The Contractor shall provide for protection of pedestrians and separation of pedestrians from construction operations at all times.

5. The Contractor shall direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the traffic control plans as specified herein and shown on the Drawings or in accordance with favorably reviewed Traffic Control Plans. The Contractor may revise the Traffic Control Plan as necessary only with the favorable review of the Engineer.

1.03 REFERENCES
A. Manual of Traffic Controls, California Department of Transportation.

1.04 SUBMITTALS
A. Traffic Control Plan:

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1. Submit a Traffic Control Plan to clearly describe proposed traffic control measures. The plan shall be generally in accordance with the illustrations included in the Manual of Traffic Control.

2. The submittal shall consist of scaled drawings for each situation anticipated to be encountered, i.e., intersections, mid-block (each during working and non-working hours), etc.

3. The scaled drawings shall show signs, traffic control devices and flaggers as required.

PART 2 - PRODUCTS

2.01 CONSTRUCTION SIGNS
A. Construction signs shall conform to the standards of the Manual of Traffic Controls.

B. Temporary warning signs in construction areas shall have a black legend on an orange background. Color for other signs shall follow the standard for all highway signs.

C. All signs used during hours of darkness shall be reflectorized or illuminated.

2.02 OTHER TRAFFIC CONTROL DEVICES
A. General: Traffic control devices shall conform to the standards of the Manual of Traffic Controls.

B. Cones or Delineators:

1. Cones or delineators shall consist of cylindrical or cone shaped plastic devices, which shall be 18 inches to 48 inches in height.

2. Cones or delineators shall have a flexible base of suitable weight, which will ensure stability.

3. Cones used during hours of darkness shall be internally illuminated or reflectorized meeting the requirements of the Manual of Traffic Controls.

C. Barricades:

1. Barricades shall be Type I, Type II or Type III barricades as set forth in the Manual of Traffic Controls.

2. Barricades used during hours of darkness shall be equipped with flashers.

PART 3 - EXECUTION

3.01 DIVERTING PEDESTRIAN TRAFFIC
A. Whenever construction operations obstruct the flow of pedestrian traffic or present a hazard to pedestrians, the Contractor shall take appropriate action to protect and separate pedestrians from the work area.

B. Such action may include placement of barricades between pedestrians and work areas, placement of warning signs, and provision of personnel as required to protect pedestrians as conditions warrant.

3.02 DIVERTING VEHICULAR TRAFFIC
A. Whenever construction operations obstruct the flow of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles.

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3.03 TRAFFIC CONTROL DEVICES
A. General:

1. Traffic control devices shall be provided in sufficient quantities and types as required to provide safe and adequate traffic control.

2. During hours of darkness, approved lights and/or flares shall be included, in proper working order, to illuminate signs and hazards and alert approaching traffic.

3. Barricades shall be furnished and maintained along all open trenches in contact with traffic.

4. No work may begin on any day or at any time before traffic control devices have been placed, test driven and, if required, adjusted and revised.

B. Placement:

1. All traffic control devices shall be placed in accordance with the Manual of Traffic Controls and favorably reviewed Traffic Control Plan.

2. Locations of devices shall be adjusted to suit the conditions and circumstances of each detour situation. In all cases, signs shall be placed to most effectively convey their messages to approaching traffic.

C. Maintenance of Devices:

1. The Contractor shall maintain all traffic control devices, at proper locations and in proper working order, at all times during construction operations and whenever a hazard resulting from Contractor's operations exists.

2. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction operations.

D. Removal of Devices:

1. Traffic control devices shall remain in place at all times required to alert approaching traffic of upcoming hazards.

2. After hazard has been removed, all traffic control devices shall be removed. Signs shall be removed or their messages covered.

3.04 FLAGGERS
A. General: The Contractor shall employ flaggers:

1. As required for each specific detour.

2. At all locations on a construction site where barricades and warning signs cannot control the moving traffic.

B. Placement: Where flaggers are required, they shall be logically placed in relation to the equipment or operation so as to give adequate warning and shall be placed approximately 100 feet ahead of impact point.

C. Warning Signs:

1. A warning sign shall be placed ahead of the flagger reading: "Flagger Ahead." The distance between the sign and the flagger should be based on the average traffic speed, allowing approximately 50 feet for each 10 miles per hour.

2. During hours of darkness, flagger stations shall be illuminated such that the flagger will be clearly visible to approaching traffic. Lights for illuminating the flagger station shall receive favorable review by the Engineer.

D. Equipment:

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1. The flagger shall be provided with and wear a red or orange warning garment when flagging.

Flaggers shall be provided with approved hand signs and two way radios for communication.

2. When flagging during hours of darkness, the flagger shall signal with a red light or flare and shall have a belt and suspender harness outside his garment fitted with reflectors or made from reflectorized cloth, unless the garment is well reflectorized in one of these ways.

3.05 NOTICE TO AGENCIES
A. The Contractor shall notify in writing all agencies having jurisdiction at least forty-eight (48) hours, excluding holidays and weekends, prior to instituting any lane closure. At the end of each day's work, the Contractor shall inform the ambulance services, police and fire departments of the status of all lane closures.

B. List of Agencies:

1. City of Brentwood Fire Department

2. City of Brentwood Police Department

3. U.S. Postal Service

3.06 EMERGENCY VEHICLE ACCESS THROUGH DETOURS
A. During all detours the Contractor shall provide for movement of emergency vehicles through the work area.

B. It is essential that the Contractor's work and equipment does not impede egress from any fire or police station to other areas of their service area.

3.07 ACCESS TO PRIVATE PROPERTY
A. General: The Contractor shall schedule operations to minimize disruption of access to private property.

B. Notice to Residents: Prior to blocking access to any private driveway or parking lot entrance, the Contractor shall notify the resident or business owner or tenant of pending closure and allow resident to remove vehicles.

C. Nights: During non-working hours no driveway, house or parking lot shall be denied access to a public roadway.

3.08 NIGHT DETOURS
A. General: The Contractor shall not be permitted to maintain any lane closure or road closure during non-working hours without first obtaining written approval of the Engineer.

B. Restoration of Pavement:

1. During non-working hours the Contractor shall restore travel lanes to their original alignment and configuration by means of backfilling and temporary pavement or bridging.

2. The Contractor shall place "ROUGH ROAD" signs conforming to the Manual of Traffic Control at uneven temporary pavement or bridging.

3.09 PARKING RESTRICTIONS
A. General: The Contractor shall post approved "NO PARKING" signs at all locations necessary to establish work areas and detour traffic.

B. Signs:

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1. Signs shall read: "NO PARKING - CONSTRUCTION TOW-AWAY ZONE." Show hours of parking restriction and indicate telephone number of the City Police.

2. Signs shall be placed at least 24 hours in advance of restriction.

3.10 BRIDGING OVER TRENCHES AND EXCAVATIONS
A. General:

1. Bridging shall be placed across all trenches and excavations in existing streets and at driveways when work is not in progress.

B. Design of Bridging:

1. Bridging for vehicular traffic shall be of sufficient width to accommodate the required number of travel lanes.

2. Bridging shall be designed to support H-20 vehicular traffic.

3. All bridging shall be set flush with travel surface or a satisfactory transition from travel surface to top of bridging shall be provided.
a. A satisfactory transition shall mean a change in elevation between the levels of not less than twelve (12) inches horizontal to one (1) inch vertical. b. Transition may be accomplished by means of temporary pavement.

3.11 TEMPORARY TRAFFIC LANES
A. Temporary traffic lanes shall be at least 10 feet wide. Provide an additional 2 feet of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic.

3.12 STAGING AREAS
A. The Contractor shall provide its own staging areas.
**END OF SECTION**
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SECTION 001560

ENVIRONMENTAL PROTECTION
PART 1 - GENERAL

1.01 SCOPE
A. This specification also describes work necessary by the Contractor to allow the Work to comply with the California State Water Resources Control Board Construction Activities Storm Water General Permit No. 2009-0009-DWQ (NPDES No. CAS000002) (Permit) for discharge of storm water associated with construction activities pertaining to linear underground/overhead projects (LUP) and specific construction sites.

B. During the progress of the work, keep the work areas occupied by the Contractor in a neat and clean condition and protect the environment both onsite and offsite, throughout and upon completion of the construction project.

1.02 MITIGATION AND MONITORING OF ENVIRONMENTAL FACTORS A. Requirements: All operations shall comply with all federal, state, and local regulations pertaining to water, air, solid waste and noise pollution.

B. Protection of Natural Resources:

1. General: It is intended that the natural resources within the project boundaries and outside the limits of permanent work performed under this Contract be preserved in their existing condition or be restored to an equivalent or improved condition upon completion of the work. Confine construction activities to areas defined by the public roads, easements, and work area limits shown on the Drawings. Return construction areas to their pre-construction elevations except where surface elevations are otherwise noted to be changed. Maintain natural drainage patterns. Conduct construction activities to avoid ponding stagnant water conducive to mosquito breeding.

2. Air Quality:
a. The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. b. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to agencies having jurisdiction. c. Haul routes shall be kept visibly wet during excavation and hauling operations. d. Exposed stockpiles of soil and other backfill material shall be enclosed, have silt fencing, be covered, be watered regularly or have soil binders added to minimize erosion. e. Dust-producing activities shall be suspended when high winds create construction-induced visible dust plumes moving beyond the project site, in spite of dust control measures. f. Unpaved areas where vehicles are operated shall be periodically wetted down or given an equivalent treatment, to eliminate dust formation.
g. Store all volatile liquids, including fuels or solvents in closed containers. h. Properly maintain equipment to reduce gaseous pollutant emissions.

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i. Unless the construction dictates otherwise, and unless otherwise approved by the Engineer, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete.
j. If visible soil material is carried onto adjacent public streets, such streets shall be swept with water sweepers.

3. Construction Storage Areas:
a. Storage of construction equipment and materials shall be limited to the designated Contractor’s storage area.
b. Store and service equipment at the designated Contractor’s storage area. No dumping of surplus concrete or grout on the site will be permitted.

4. Fire Prevention: take steps to prevent fires including, but not limited to the following:
a. Provide spark arrestors on all internal combustion engines. b. Store and handle flammable liquids in accordance with the Flammable and Combustible Liquids Code, NFPA 30.
c. Provide fire extinguishers at hazardous locations or operations, such as welding.

5. Fish and Wildlife Resources: The Contractor shall not be permitted to alter water flows or otherwise disturb native habitat adjacent to the project area which are critical to fish and wildlife except as may be indicated or specified.

6. Hazards:
a. Oil wastes shall not be allowed to flow onto the ground or into surface waters. Containers shall be required at the construction site for the disposal of materials such as paint, paint thinner, solvents, motor oil, fuels, resins and other environmentally deleterious substances.

7. Land Resources: Do not remove, cut, deface, injure or destroy trees or shrubs outside the work area limits. Do not remove, deface, injure or destroy trees within the work area without permission from the Engineer or unless noted on the drawings. a. Temporary Construction: Obliterate all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, or any other vestiges of construction as directed by the Engineer. Level all temporary roads, parking areas and any other areas that have become compacted or shaped. Any unpaved areas where vehicles are operated shall receive a suitable surface treatment or shall be periodically wetted down to prevent construction operations from producing dust damage and nuisance to persons and property, at no additional cost to the City. Keep haul roads clear at all times of any object that creates an unsafe condition. Promptly remove any contaminants or construction material dropped from construction vehicles. Do not drop mud and debris from construction equipment on public streets. Sweep clean turning areas and pavement entrances as necessary.

8. Noise Control:
a. Operations at the Worksite shall be performed so as to minimize unnecessary noise. b. Special measures shall be taken to suppress noise during night hours. c. Noise levels due to construction activity shall not exceed the levels specified by City ordinance.

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d. Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.

9. Odor Control: Employ measures to prevent the creation of odors. a. Store all volatile liquids, including fuels or solvents in closed containers. b. Properly maintain equipment to reduce gaseous pollutant emissions.

10. Revegetation of Disturbed Areas: Tree and Shrubs Replacement: Replace trees and shrubs damaged by the construction or as noted on the Drawings.

11. Sanitation: During the construction period, provide adequate and conveniently located chemical sanitation facilities, properly screened, for use of construction crews, the City and visitors to the site.

12. Water Resources: Comply with all applicable federal, state and local regulations concerning the discharge (directly or indirectly) of pollutants to the underground and natural waters. This project is required to be covered under the CA Construction General Permit. Refer to Section

1.05 for SWPPP requirements for implementation of Best Management Practices (BMPs) that shall be considered and implemented to minimize the potential for impacts to water resources. a. Exercise every reasonable precaution to protect streams, lakes, reservoirs, bays and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and conduct and schedule operations so as to avoid or minimize muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. b. Water pollution control work is intended to provide prevention control and abatement of water pollution to streams, waterways and other bodies of water, and shall consist of constructing those facilities that may be shown on the Drawings, specified herein or in the Special Provisions, or directed by the Engineer. In order to provide effective and continuous control of water pollution, it may be necessary for the Contractor to perform the Contract work in small or multiple units, on an out-of-phase schedule, and with modified construction procedures. The Contractor shall provide temporary water pollution control measures, including but not limited to, dikes, basins, and ditches, and shall apply straw and seed, which become necessary as a result of his operations. The Contractor shall coordinate water pollution control work with all other work done on the Contract. c. Submit a plan to control water pollution effectively during construction of the Work. Such program shall show the schedule for the erosion control work included in the Contract and for all water pollution control measures, which the Contractor proposes to take in connection with construction of the project to minimize the effects of his operations upon adjacent streams and other bodies of water. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until such plan has been accepted. The Contractor may request the Engineer to waive the requirement for submission of a written plan for control of water pollution when the nature of the Contractor's operation is such that erosion is not likely to occur. Waiver of this requirement will not relieve the Contractor from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written plan for control of water pollution will not preclude requiring submittal of a written plan at a later time if the Engineer deems it necessary because of the effect of the Contractor's operations.
d. If the measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may direct the Contractor to revise his operations and his water pollution control program. Such directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate. No C.11.b
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further work shall be performed on said items until the water pollution control measures are adequate; and if also required, a revised water pollution control plan has been accepted. e. Where erosion which will cause water pollution is probably due to the nature of the material or the season of the year, the Contractor's operations shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.
f. Nothing in the terms of the Contract nor in the provisions in this Section shall relieve the Contractor of the responsibility for compliance with appropriate sections of the California Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution.
g. The Contractor shall also conform to the following provisions:
1) Where working areas encroach on live streams, barriers adequate to prevent the flow of muddy water into streams shall be constructed and maintained between working areas and streams and during construction of such barriers, muddying of streams shall be held to a minimum.
2) Removal of material from beneath a flowing stream shall not be commenced until adequate means, such as a bypass channel, are provided to carry the stream free from mud or silt around the removal operations.
3) Should the Contractor's operations require transportation of materials across live streams, such operations shall be conducted without muddying the stream.

Mechanized equipment shall not be operated in the stream channels of such live streams except as may be necessary to construct crossings or barriers and fills at channel changes.
4) Water containing mud or silt from aggregate washing or other operations shall be treated by filtration, or retention in a settling pond, or ponds, adequate to prevent muddy water from entering live streams.
5) Oily or greasy substances originating from the Contractor's operations shall not be allowed to enter or be placed where they will later enter a live stream. 6) Portland cement concrete shall not be allowed to enter flowing water of streams. 7) When operations are completed, the flow of streams shall be returned as nearly as possible to a meandering thread without creating possible future bank erosion and settling; pond sites shall be graded so they will drain and will blend in with the surrounding terrain.
8) Material derived from roadway work shall not be deposited in a live stream channel where it could be washed away by high stream flows.
h. Chlorinated Water: Take special measures to prevent chlorinated water from entering the ground or surface waters. Dechlorinate chlorinated water prior to discharge.

1.03 DISPOSAL OPERATIONS
A. Solid Waste Management:

1. Daily remove all debris such as spent air filters, oil cartridges, cans, bottles, combustibles and litter. Take care to prevent trash and papers from blowing onto adjacent property. Encourage personnel to use refuse containers. Convey contents to a sanitary landfill.

2. Washing of concrete containers where wastewater may reach adjacent property or natural water courses shall not be permitted. Provide temporary, lined concrete washout stations per C.11.b
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SWPPP. Remove any excess concrete to the sanitary landfill. Remove temporary concrete washout station(s) at completion of the project.

B. Chemical Waste and Hazardous Materials Management: Furnish containers for storage of spent chemicals used during construction operations. Dispose of chemicals and hazardous materials in accordance with applicable regulations.

C. Dispose of vegetation, weeds, rubble, and other materials removed by the clearing, stripping and grubbing operations off site at a suitable disposal site in accordance with applicable regulations.

D. Excavated Materials:

1. Native soil complying with the requirements of Section 02200, may be used for backfill, fill, and embankments as allowed by that section.

2. Spoil Material:
a. Remove all material which is excavated in excess of that required for backfill, and such excavated material which is unsuitable for backfill, from the site and dispose of offsite in accordance with applicable regulations.
b. Rubbish shall consist of all materials not classified as suitable materials or rubble and shall include shrubbery, trees, timber, trash and garbage.

PART 2 - PRODUCTS (NOT USED)
PART 3 - EXECUTION (NOT USED)
**END OF SECTION**
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SECTION 001660

TESTING AND STARTUP
PART 1 - GENERAL

1.01 DESCRIPTION
A. This Section provides specifications for the installation and testing of all mechanical and electrical systems; and processes. Additional testing requirements for equipment, piping, structures, instrumentation, control, and electrical systems are included in other Sections. All commissioning work for the equipment installed under this Contract shall be performed by the Contractor.

1.02 REFERENCE
A. Manufacturer’s Equipment Maintenance and Operation recommendations.

1.03 DEFINITIONS
A. Facility: Entire project, or agreed upon portion including all relevant unit processes.

B. Unit Process: A portion of the facility that performs a specific process function.

C. Functional Checkout: Tests to demonstrate that installed equipment meet’s manufacturer’s installation, calibration, and adjustment requirements; electrical and control system requirements; and other requirements as specified.

D. Performance Test: Test of a unit process or group of unit processes to demonstrate that the system(s), including equipment, instrumentation, controls, electrical, and auxiliary components function to meet the requirements of the Contract Documents.

1. Duration of Performance Test: See section 260800
E. Demonstration Period: Period of initial operation and shakedown after commissioning, seeding and startup of the facility or portion of a facility used to further demonstrate that the facility operation under actual loading conditions and to identify issues not readily apparent or discovered during previous testing.

1. Duration of Demonstration Period: Continuous Period of not less than 10 days.

1.04 SUBMITTALS
A. The following shall be submitted in compliance with Section 01300 – Submittals.

B. Startup and Testing Plans:

1. Submit the following plans:
a. Functional Checkout Plan
b. Performance Test Plan
c. Demonstration Period Plan

2. Describe all procedures and schedule for project testing, commissioning and startup.

3. Once the Test Plans have been reviewed and accepted by the Engineer, the Contractor shall produce checkout, alignment, adjustment and calibration sign-off forms for each item of equipment.
a. The forms will be used in the field by the Contractor and the Engineer jointly to ensure that each item of electrical and mechanical equipment has been properly installed and tested.

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4. Submit at least 60 days prior to beginning startup activities.

5. Provide testing plan with test logs for each item of equipment or each system to be tested.

6. Provide regular updates of testing and commissioning schedule. Submit on a weekly basis a 14 day look-ahead schedule at the time of testing.

C. Test Reports:

1. Submit reports of:
a. Functional Checkout
b. Performance Test
c. Demonstration Period

2. Results in a tabular format acceptable to the Engineer.

3. Submit certification of calibration of all instrumentation, including testing equipment before the Performance Test.

1.05 QUALITY ASSURANCE
A. Installation:

1. All mechanical and electrical equipment furnished under this contract shall be installed in conformity with the details shown and specified and to the manufacturer's requirements.

2. Should a manufacturer's installation requirements conflict with specific requirements of the contract documents, the Contractor shall bring the matter to the attention of the Engineer.

3. Any additional costs incurred arising out of changes authorized by the Engineer to accommodate manufacturer's installation requirements will not be considered extra work.

4. Any costs, or time, incurred by the Contractor through failure to timely notify the Engineer of a difference between contract documents and manufacturer's installation requirements shall be borne by the Contractor.

B. Testing:

1. General Requirements:
a. All materials, equipment, and work included in this contract shall be tested and inspected to insure compliance with the contract requirements.
b. Unless otherwise specified, all costs of testing, including temporary facilities and connections, shall be borne by the Contractor.
c. For the purpose of this section, equipment shall mean any mechanical, electrical, instrumentation, or other device with one or more moving parts or devices requiring an electrical, pneumatic or hydraulic connection. Installed tests for equipment, piping, structures, instrumentation, control, and electrical systems are also included in other Sections.

2. No tests specified herein shall be applied until the item to be tested has been inspected and approval by the Engineer has been given for the application of such tests.

3. Tests and inspections, unless otherwise specified or accepted, shall be in accordance with the recognized standards of the industry.

4. The form of evidence of satisfactory fulfillment of all test and inspection requirements shall be, at the discretion of the Engineer, either by tests and inspections carried out in the Engineer presence or by certificates or reports of tests and inspections carried out by approved persons or organizations.

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5. The Contractor shall provide and use forms which include all test information, including specified operational parameters, and which shall be acceptable in content to the Engineer.

1.06 TESTS AND INSPECTION:

A. General:

1. All equipment shall be tested by the Contractor and the equipment manufacturers’ representatives to the satisfaction of the Engineer before any facility is put into operation.

2. Tests shall be as specified herein and as recommended by the manufacturer to determine whether the equipment has been properly assembled, aligned, adjusted and connected.

3. Any changes, adjustments or replacements required to make the equipment operate as specified shall be carried out by the Contractor as part of the Work.

B. Procedures:

1. Prior to receipt of any progress payments in excess of 60 percent of the Contractor's lump sum bid for the work, the Contractor shall submit to the Engineer, details of the procedures for testing and start-up of all equipment to be operated singly and together, excepting when such procedures have been covered in the specifications.

2. The procedures shall be divided into three distinct stages; Functional Checkout, Performance Tests, and Demonstration Period.

3. Testing procedures shall be designed to duplicate, as nearly as possible, all conditions of operation and shall be carefully selected to ensure that the equipment is not damaged.

4. Failure to observe these procedures may result in the non-acceptance of the subject equipment in question.

C. Test results shall be within the tolerances set forth in the detailed specification sections of the contract documents and any manufacturer’s required specifications.

1. If no tolerances have been specified, test results shall conform to tolerances established by recognized industry practice.

2. Where, in the case of an otherwise satisfactory installed test, any doubt, dispute, or difference should arise between the Engineer and the Contractor regarding the test results or the methods or equipment used in the performance of such test, then the Engineer may order the test to be repeated.

3. If the repeat test, using such modified methods or equipment as the Engineer may require, substantially confirms the previous test, then all costs in connection with the repeat test will be paid by the City; otherwise the costs shall be borne by the Contractor.

4. Where the results of any installed test fail to comply with the contract requirements for such test, then such repeat tests as may be necessary to achieve the contract requirements shall be made by and at the expense of the Contractor
D. At a minimum the following test data shall be collected:

1. . See section 260800 for required generator tests.

2. . See section 269550 for required tests for automatic transfer switches.

3. . See section 260000 for general electrical system testing requirements.

E. Records and Forms:

1. The Contractor shall provide signoff forms for all testing to be accomplished under this contract.

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2. Sign off forms shall be provided for each item of mechanical, electrical and instrumentation equipment provided or installed under this contract and shall contain provisions for recording relevant performance data for original testing and not less than three retests.

3. Separate sections shall be provided to record values for the Functional Checkout, Performance Test, initials of representatives of the equipment manufacturers, the Contractor and the Engineer.

4. Upon completion of testing, the Contractor shall furnish the Engineer with the original of the sign off sheet for each equipment item.

1.07 FUNCTIONAL CHECKOUT:

A. The procedures shall incorporate all requirements of these specifications and shall proceed in a logical, step-wise sequence to ensure that all equipment has been properly serviced, aligned, connected, calibrated, and adjusted prior to operation.

B. Functional Checkout procedures shall include, but not necessarily be limited to:

1. Electrical system testing.

2. Instrumentation and controls testing.

3. Piping system pressure testing and cleaning.

4. Alignment of equipment.

5. Initial lubrication of equipment.

6. Cleaning of all structures.

7. Written certification by the manufacturer that the equipment has been installed in accordance with the manufacturer’s instructions, requirements and recommendations; that the equipment is ready for operation and that the City’s staff is suitably instructed in operation and maintenance of the equipment.

1.08 MANUFACTURER’S FIELD SERVICES AND CERTIFICATION:

A. Field Services:

1. The manufacturer shall perform field services on each equipment item.

2. Inspect system before initial start-up and certify that system has been correctly installed and prepared for start-up.

3. After the installation of the units and all appurtenances, each unit shall be subjected to a field running test under actual operating conditions. The field tests shall be made by the Contractor in the presence of and as directed by the Engineer. The field tests shall demonstrate that under all conditions of operation each unit:
a. Has not been damaged by transportation or installation b. Has been properly installed
c. Has no mechanical defects
d. Is in proper alignment
e. Has been properly connected
f. Is free of overheating of any parts
g. Is free of all objectionable vibration
h. Is free of excessive noise
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i. Is free of overloading of any parts
j. Shall operate as specified with the control system
k. Meets the performance requirements indicated

4. Any defects in the equipment or failure to meet the requirements of the Specifications shall be promptly corrected by the Contractor.

B. Manufacturer’s Certification:

1. The Contractor shall submit certification letters for all equipment per requirements of Contract Documents.

2. Each letter shall be submitted on the manufacturer’s letterhead and shall include the following statements that:
a. The signer has visited the site, inspected the equipment and installation, and certifies that the equipment is ready for operation.
b. The equipment has been installed in accordance with the manufacturer’s requirements and is properly aligned and ready for operation.
c. The equipment has been serviced, lubricated and properly prepared to perform in accordance with the intent of the Contract Documents.
d. The controls, protective devices, instrumentation, and control panels furnished, as part of the equipment package, are properly installed, calibrated, and are ready for full time operation.
e. The control logic for startup, shutdown, sequencing, interlocks, remote operation, and emergency shutdown have been tested and are functioning properly. f. The training of the City’s operations and maintenance personnel has been completed and note the date and time of that training.
g. The manufacturer certifies that the equipment is approved for operation.

1.09 PERFORMANCE TEST:

A. Performance Test Requirements:

1. The Performance Test shall demonstrate the entire process system including, piping, valves, gates, controls, instrumentation, and auxiliary systems function as intended.

2. All systems and components shall be operated as a complete facility at various flow conditions, as directed by the Engineer.

3. All equipment and systems shall be operated, to the greatest extent practicable, at conditions which represent the full range of operating parameters as defined by the Contract Documents.

4. The equipment shall be operated to determine equipment operating characteristics, including temperatures and vibration; to observe performance characteristics; and to permit initial adjustment of operating controls.

5. Performance Test shall include remote PLC modes of operation, alarms, and shutdowns as required in the electrical, instrumentation and controls portions of the Contract Documents.

6. Install gratings, safety chains, handrails, shaft guards, walkways and sidewalks prior to Performance Test.

7. Install all required lighting, heating, ventilation, and air conditioning for areas and processes to be included in the Performance Test.

B. Performance Test Sequencing:

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1. After completion of Functional Checkout and Manufacturer’s Certification.

2. Contractor shall schedule and all appropriate parties 14 days prior to the start date of the performance Test.

3. Contractor shall inspect and clean debris and dirt from all piping and structures.

4. Contractor shall fill all process units and liquid process systems, except those employing oil or chemicals, with either potable or recycled water, as directed by the City. a. Unless otherwise specified, the Contractor shall provide at no expense to the City, all power, fuel, water, utilities, supplies, consumables, chemicals, testing media, labor and all other necessary items and work required to complete all tests specified in this section. b. Coordinate with City’s personnel for supply of test water. c. Cost for testing water shall be per the Contract Documents. d. All fuel and oil systems shall be filled with the specified fluid. e. Test media for chemical systems shall be either the intended fluid or compatible substitute, as directed by the Engineer.
f. Disposal methods for test media shall be subject to review by the Engineer. g. Contractor shall be responsible for costs for disposal of test media.

5. Upon completion of the filling operations, the Contractor shall circulate potable or recycled water, as designated by the City, through the completed facility for the duration of the Performance Test.
a. Contractor shall provide temporary pumping or piping required to recirculate water through the process units.
b. Remove temporary facilities after the completion of Performance Testing.

C. Performance Test Criteria

1. Should the Performance Test period be halted for any reason related to the facilities constructed or the equipment furnished under this contract, or the Contractor's temporary testing systems, the Performance Test program shall be repeated until the specified continuous period has been accomplished without interruption.