Carmel-by-the-Sea City Council
March 7, 2023

CITYOF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA
Mayor Dave Potter, Councilmembers Jeff Baron,
Alissandra Dramov, Karen Ferlito, and Bobby
Richards
Contact: 831.620.2000 www.ci.carmel.ca.us
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues

REGULAR MEETING
Tuesday, March 7, 2023
THIS MEETING IS VIA TELECONFERENCE AND IN-PERSON AT CITY HALL.

Councilmembers will be attending this meeting in person, the zoom link below is offered as an alternative method of participation for the public.

To that end, this meeting will be held via teleconference and in-person in the City Council Chambers at City Hall located on Monte Verde Street between Ocean and Seventh Avenue. To participate via teleconference click the following link to attend via Zoom (or copy and paste link in your browser): https://ci-carmel-caus.zoom.us/j/84444647127 Meeting ID: 844 4464 7127 Passcode: 811199 Dial in: (253) 215-8782
The COVID-19 Community Level for Monterey County as of the date of this agenda posting on March 1, 2023, is LOW. Per Urgency Ordinance 2022-006, wearing a face mask to attend a meeting of a legislative body inside a City facility is optional when the community level is low. Seating will be limited and available on a first come first served basis.

The public can also email comments to [email protected]. Comments must be received 2 hours before the meeting in order to be provided to the legislative body.

Comments received after that time and up to the beginning of the meeting will be added to the agenda and made part of the record.

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair.

Matters not appearing on the agenda will not receive action at this meeting and may be referred to staff. Persons are not required to provide their names, and it is helpful for speakers to state their names so they may be identified in the minutes of the meeting.

ANNOUNCEMENTS
A. City Administrator Announcements
B. City Attorney Announcements
C. Councilmember Announcements

CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

1. January 31, 2023, Special Meeting Minutes, February 7, 2023, Regular Meeting Minutes, and February 21, 2023 Special Meeting Minutes

2. January 2023 Monthly Reports

3. January 2023 Check Register Summary

4. Resolution 2023-027, Declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event

5. Resolution 2023-028, authorizing the City Administrator to execute On-Call Tree Maintenance Service Contracts with Community Tree Service, Tope's Tree Service, and West Coast Arborists, with initial terms of three years, expiring June 30, 2026, and fees for the remainder of Fiscal Year 2022/23 of $30,000, $60,000, and $60,000 respectively

6. Adopt Resolution 2023-029 adopting the City of Carmel-by-the-Sea Temporary/Hourly (at-will/unrepresented) classification salary plan in accordance with Municipal Code 2.52.520 as of March 1, 2023

7. Resolution 2023-030 Opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.

8. Receive a presentation on Car Week 2023 planning

9. Receive a presentation and provide direction to staff regarding the proposed paving, bike route, and median island projects along San Carlos Street, between Eighth and Thirteenth Avenues

10. Second Reading and Adoption of Ordinance No. 2022-007 - Amending Carmel Municipal Code (CMC) Sections 17.14.040, 17.28.010, and 17.70.020, to prohibit timeshare and fractional interest uses, as well as advertising and sale thereof, in a manner fully in conformity with the California Coastal Act (CA Section 30510)

11. Early policy discussion of Draft Ordinance Amending Municipal Code Section

17.20.200 E (Recreational Beach Fires on Carmel Beach)

12. Receive a report on the outcome of the January 31, 2023 City Council strategic workshop, and provide direction to staff regarding the projects remaining as “top priorities” and those to be elevated to a “top priority” as discussed at the workshop

13. Resolution 2023-026 Rescinding Resolution 2020-021 and Terminating the Proclamation of a Local Emergency within the City due to COVID-19

14. Consider Adoption of Urgency Ordinance 2023-001 to Rescind Urgency Ordinances 2020-002, 2020-004, 2020-005, 2022-001, 2022-002, and 2022-006, Regarding Various Health and Safety Measures as a Result of the Covid-19 Pandemic

FUTURE AGENDA ITEMS

ADJOURNMENT

15. Correspondence Received After Agenda Posting
This agenda was posted at City Hall, Monte Verde Street between OceanAvenue and 7thAvenue, Harrison Memorial Library, located on the NE corner of Ocean Avenue and Lincoln Street, the Carmel-by-the-Sea Post Office, 5th Avenue between Dolores Street and San Carlos Street, and the City's webpage http://www.ci.carmel.ca.us in accordance with applicable legal requirements.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THEAGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda, received after the posting of the agenda will be available for public review at City Hall located on Monte Verde Street between Ocean and Seventh Avenues during regular business hours.

SPECIAL NOTICES TO PUBLIC
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at 831-620-2000 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
March 7, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

January 31, 2023, Special Meeting Minutes, February 7, 2023, Regular Meeting Minutes, and February 21, 2023 Special Meeting Minutes
RECOMMENDATION:

Approve Draft Minutes.

BACKGROUND/SUMMARY:

The City Council routinely approves minutes of its meetings.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:

Attachment 1) January 31, 2023, Special Meeting Minutes Attachment 2) February 7, 2023, Regular Meeting Minutes Attachment 3) February 21, 2023, Special Meeting Minutes

CITY COUNCIL

SPECIAL MEETING
JANUARY 31, 2023
OPEN SESSION - 10:00 AM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 10:00 a.m.

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Bobby Richards and Mayor Potter were present.

PUBLIC APPEARANCES
Nancy Twomey, Tasha Witt, Christy Hollenbeck, Amy Herzog, Jeff Burghardt, Cindy Lloyd, Neil, and Lynette Zimmerman addressed the Council.

ORDERS OF BUSINESS
Item 1 - City Council Workshop - Strategic Planning Meeting to discuss the City Council’s Strategic Projects and gather input from the public, and provide directions to staff during strategic planning, however, any actions to implement such directions will be considered at a future scheduled Council meetings
City Administrator Chip Rerig gave a brief presentation on the current status of the Council’s priority projects #1 -24, and the 6 priority items that have been completed. Council opened public comment on each individual priority, discussed, and provided direction to staff.

1. Explore Parking and Traffic Management program (35% complete) – top 16 priority Public Comment: None
Discussion: Council requested addressing the construction parking problems as part of the parking and traffic discussion. Councilmember Dramov suggested looking into employee/visitor parking lot with shuttles to decrease the need for paid parking. Councilmember Baron suggested the Planning commission take on the issues of construction management plans and construction parking issues. Councilmember Ferlito suggested adding a pedestrian component to parking/traffic program, as well as a safety analysis regarding the intersections without stop signs.

Direction: Council consensus to keep this item on the list. Add a bullet item to this priority to address construction parking, construction site impacts, and safety concerns.

2. Update purchasing ordinance (10%) – top 16 priority
Public comment: Dale Byrne addressed the Council.

Attachment 1
Direction: Council consensus to keep this item on the list. City Administrator Rerig to work with the City Attorney on updating the City’s purchasing policy and using other cities as reference point to make it more contemporary.

3. Plan for natural areas, reduce fire risk (55%) – top 16 priority Public comment: Ken White, Tasha Witt, Dale Byrne, and Christy Hollenbeck addressed the Council.

Discussion: Councilmember Dramov said she has heard public concerns about trees falling especially after the recent storms. Councilmember Ferlito suggested an educational presentation on how to evacuate Carmel if there is a wildfire so we are prepared and know where the emergency routes are. City Administrator Rerig spoke about the need to hire a Natural Resources Manager to work on preserving and protecting natural spaces.

Direction: Council consensus to keep this item on the list. Fire Department to continue to conduct risk assessments on private property, highlight evacuation routes, make sure Nixle and other social alerts are used during emergencies.

4. Review opportunities for enhanced fire/ambulance service (50% complete) – top 16 priority
Public Comment: Shirley Moon addressed the Council.

Discussion: Fire Chief Panholzer gave an update that the City of Monterey is nearing completion of their contract audit and will hopefully be able to move forward with the contract with Carmel very soon.

Direction: Council consensus to keep this item on the list. Wait for the City of Monterey to complete their contract audit.

5. Develop forest management plan and update tree ordinance (35%) – top 16 priority Public comment: Janie Marshman, Shirley Moon, Cindy Lloyd, and Karyl Hall addressed the Council.

Discussion: Councilmember Ferlito said that our replacement tree policy has not been enforced and suggested reinstating tree grid pruning. She also suggested a separate Forestry department and education to the public about keeping trees healthy and maintaining new trees.

Councilmember Dramov said we should prioritizing removing dead or dying trees, as well as watering trees. Chip said part of the tree management plan is to plan for the best urban trees to plant.

Attachment 1
Direction: Council consensus to keep this item on the list. Continue to implement “right tree, right place” for urban tree planting, tree watering, planning for tree squares, and reinstate tree grid pruning.

6. Update zoning code & design guidelines (65% complete) – top 16 priority Public comment: Ken White, and Shirley Moon addressed the Council.

Discussion: Community Planning and Building (CPB) Director Swanson said that the Steering Committee is working on reviewing the RFPs for a Landscape Architect, and after the contract for a landscape architect is awarded the landscape ordinance can be developed. Mayor Potter requested that the Design Steering Committee address the dangers of garages being placed right next to the street and suggested the setback requirements for garages should be increased to prevent this. Councilmember Baron said that at last year’s Priorities Workshop, he stated he would the Design Review Board to be in place by the time the design guidelines are ready to take over the design review responsibilities.

Direction: Council consensus to keep this item on the list. Council would like to have a future agenda item to discuss the structure and role of a Design Review Board before adopting the design guidelines. Staff to work on a whitepaper to outline what it will take to get a Design Review Board in place.

Council took a recess at 12:12 p.m. Council reconvened at 12:48 p.m.

7. ADU ordinance (65% complete) – top 16 priority
Public comment: Nancy Twomey, a resident, and Karyl Hall addressed the Council.

Discussion: Councilmember Baron asked if accessory dwelling units (“ADU”) must be occupied, rather than the ADU being used just to make an existing house bigger. CPB Director Swanson clarified that an ADU that is attached cannot have a door into the main house, and State law dictates other requirements. He also said that ADU guidelines would be included in the general plan, and that the ADUs may help meet the quota of Regional Housing Needs Allocation (RHNA) housing for affordable housing (moderate), even if they are not “deed restricted” ADUs.

Direction: Council consensus to keep this item on the list. Staff to continue ADU verification process, annual compliance checks, explore incentives for affordability, and the need to address lot coverage to save room for trees.

8. Wireless ordinance (75% complete) – top 16 priority
Public comment: Tasha Witt, and Michael McWalters addressed the Council.

Direction: Council consensus to keep this item on the list. Staff will ensure the public has adequate time to spend with the draft ordinance before it goes to Council.

Attachment 1

9. Filling vacancies (90% complete) – top 16 priority
Public comment: None
Direction: Council gave consensus to remove this item from the list.

10. Pandemic recovery (90% complete) – top 16 priority
Public comment: None
Direction: Council gave consensus to remove this item from the list.

11. Stormwater ordinance update (85% complete) – top 16 priority Public comment: None
Direction: Council consensus to keep this item on the list. Staff waiting for Coastal Commission comments.

12. Volunteer group oversight (70% complete)
Public comment: Dale Byrne, Shirley Moon, and Cindy Lloyd addressed the Council.

Councilmember Ferlito requested to change the name of this priority to “Volunteer Group Facilitation”. Mayor Potter asked if Carmel Cares could help with planting trees. City Administrator Rerig said that the City’s website has been updated with a page listing all of the local volunteer groups.

Direction: Council consensus to keep this item on the list. Staff will make the volunteer page on the website more prominent and intuitive. Carmel Cares offered to help plant trees, and work with the Friends of the Carmel Forest group.

13. Review/reformulate approach to reserves/update financial policies (15% complete) Public comment: None
Direction: Council consensus to keep this item on the list. Staff to continue recruiting for the finance department.

14. Explore outdoor dining program (25% complete) (in the public right of way) Public comment: None
Attachment 1
Councilmember Dramov asked if this item could be changed or incorporated into a downtown comprehensive plan.

Direction: Council consensus to keep this item on the list. Staff to change the name of this item to “Dining in the public right-of-way”, and to come up with a broad scope update on what it would take to develop a Downtown Master Plan.

15. Increase beautification efforts (35% complete)
Public comment: Tasha Witt, Nancy Twomey, Cindy Lloyd, Dale Byrne, and Janice Gardner addressed the Council.

Discussion: Councilmember Ferlito said that the City is using Rio Park as storage for wood chips and logs and would like to see the park cleaned up. She added that perhaps the ballfields could be turned into a location for housing, and use Rio Park property for a ball field instead, and suggested that an analysis can be done to find out how many tree squares have been paved over, stumps left behind where a new tree could grow, and utility companies should be forbidden from attaching communication cables to trees.

Council: Council consensus to keep this item on the list. Councilmembers to give ideas for beautification to the City Administrator during weekly meetings and staff will come back with a budget for the requests.

16. Review barriers to affordable housing (45% complete) – top 16 priority Public comment: None
Direction: Council consensus to keep this item on the list. The Housing Committee Ad Hoc is making great progress and will continue working on this.

17. Explore street addresses (30% complete) – top 16 priority Public comment: Janice Bradner, Tasha Witt, and David O’Neil addressed the Council.

Councilmembers Baron and Ferlito said that street addresses are at the top of their priority lists.

Direction: Council consensus for this to remain a high priority. Staff is working with the Carmel Postmaster on a future update to Council and then public outreach.

18. Develop a facilities master plan (45% complete)
Public comment: Ken White, Tasha Witt, and Janice Gardner addressed the Council.

Attachment 1
Council asked if we could set aside a reserve fund specifically for facilities maintenance, and if a facility master plan could be done to evaluate if the existing buildings are being utilized to meet the needs of the City.

Direction: Council consensus to keep this item on the list, but split it into two items and elevate them: The Police Department Renovation as one item and developing a Facilities Master Plan as another item. The Police Building Renovation Ad Hoc committee is making progress.

Council took a recess at 2:24 pm. And returned at 2:34 pm.

19. Underground utilities rule 20A (10% complete)
Public comment: Tasha Witt, a resident, and Dale Byrne addressed the Council.

Discussion: Mayor Potter suggested putting it to the voters to approve a local tax to pay for undergrounding of utilities. Public Works Director Harary said that by the end of the year we need to have an assessment district established by City Council, then the City can secure the Rule 20A funds allocated for Carmel. He said that generally it is estimated that it costs a million dollars per linear mile to underground. Councilmember Baron suggested starting the process of undergrounding by using Rule 20A Funds to underground the lines at the Mission Trail Nature preserve to see how that goes first.

Direction: Council consensus to elevate this priority.

20. Explore reinstatement of design review board (65% complete) Public comment: None.

Direction: Council consensus to elevate this priority. Staff will bring Council a scope of responsibilities for a Design Review Board.

21. Explore redevelopment of Sunset Center north lot (0% complete) Public comment: none.

Direction: Council consensus to keep this item where it is on the list.

22. Opportunity for Flanders Mansion (0% complete)
Public comment: Mike Buffo, Michael Hogan, Thomas Hood, Tony Tollner, Dale Byrne, Cindy Lloyd, a resident, and Dave Hala addressed the Council.

Discussion: City Administrator Rerig said that this item was at 50% a few years back before the conservator walked away from the project and Council took a break from pursuing this project.

Attachment 1
Direction: Council consensus to elevate this project as a higher priority. City Administrator Rerig will have staff bring back the previous Flanders RFP and ask Council for direction.

23. Opportunities for Scout House (35% complete) – top 16 priority Public comment: None
Direction: Council consensus to keep item on the list. Staff continuing to make progress.

24. Develop and Implement social media plan (10% complete) Public comment: Tasha Witt, and Mike Buffo addressed the Council.

Discussion: Councilmember Baron spoke about using social media as a means for communication, especially during the storms to get information out to the public.

Direction: Council consensus to keep item on the list. Staff will continue to work on launching the website update.

Completed Priority Items
Councilmember Baron would like to add the Climate adaptation plan back to the priority list until the Sea Level Rise is completed.

ADJOURNMENT
Council adjourned at 3:55 pm.

SIGNED: ATTEST:
________________________________ __________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY COUNCIL

REGULAR MEETING
FEBRUARY 7, 2023
OPEN SESSION - 4:30 PM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:30 p.m.

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Bobby Richards, and Mayor Dave Potter were present.

PLEDGE OF ALLEGIANCE
City Attorney Pierik led the pledge of allegiance.

EXTRAORDINARY BUSINESS
A. Receive a presentation on preliminary housing feasibility report and Housing Element update status
Principal Planner Marnie Waffle gave a brief summary of the status of the housing feasibility report and Housing Element update. She stated that the Housing Element Ad Hoc Committee consists of Mayor Pro Tem Richards and Councilmember Ferlito who reported that the City is working on opportunities for positive and creative solutions to meet the State’s Regional Housing Needs Allocation (RHNA) demands, while at the same time working with the League of California Cities (LOCC) to push back on the state’s demands.

Councilmember Dramov voiced concerns about the city's zoning and density being disrupted due to additional housing demands, and how the design guidelines will be incorporated.

Councilmember Baron voiced concerns that most of the housing is focused on downtown. Mayor Potter encouraged the public to attend the next Housing Element meeting at the end of February to give feedback on the study.

PUBLIC APPEARANCES
Wanda Vollmer and Scott Smythe spoke about CERT and future training opportunities. Christy Hollenbeck spoke about the concerns of wireless towers on public health and safety, and asked that the whitepaper on the hazards be included in the City’s upcoming wireless ordinance. Amy Herzog and Jeff Burghardt spoke about Carmel Cares mission and vision. Chris Mitchell spoke about the housing element regarding his company’s interest in building housing in Carmel.

Attachment 2

ANNOUNCEMENTS
A. City Administrator - No announcements.

B. City Attorney - No reportable action from closed session yesterday.

C. Councilmembers - Councilmember Ferlito attended the ReGen meeting and encouraged the public to read the flyers included in ReGen bills about how to compost correctly using the green bins, and the importance of diverting waste from the landfill to be used as agricultural compost. Councilmember Baron thanked Agnes Martelet and Sara Davis for their work for the City and wished them luck in their new careers. Mayor Potter echoed those sentiments. No announcements from Councilmember Dramov and Mayor Pro Tem Richards.

CONSENT AGENDA
Councilmember Baron pulled consent item #4.

Motion to approve consent items #1-3 and #5-19 by Councilmember Baron, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - January 3, 2023, Special Meeting Minutes, January 10, 2023, Regular Meeting Minutes, and January 17, 2023, Special Meeting Minutes
Item 2 - December 2022 Monthly Reports
Item 3 - December 2022 Check Register Summary
Item 5 - Resolution 2023-011, Declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event
Item 6 - Resolution 2023-012 adopting the Fiscal Year 2023-2024 budget schedule Item 7 - Resolution 2023-013, declaring the 1994 Ford F-250, 2012 Ford Expedition, 2013 Go-4, 2014 Dodge Charger, 2017 Ford Escape, and 2010 Isuzu Street Sweeper, as surplus and authorizing their sale at auction
Attachment 2
Item 8 - Resolution 2023-014, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with Ten Over Studio for architectural services for five facility renovation projects, for a fee not to exceed $78,900 Item 9 - Resolution 2023-015 authorizing the City Administrator to approve Purchase Orders with John Ley’s Tree Service for a fee not to exceed $50,000 and Tope’s Tree service for a fee not to exceed $40,000
Item 10 - Resolution 2023-016, granting consent to the City of Monterey to renew the Monterey County Tourism Improvement District (MCTID) and include the City of Carmel-by-theSea in the MCTID
Item 11 - Resolution 2023-017, authorizing City Co-Sponsorship of the Carmel Public Library Foundation's Annual Donor Salute Event at the Main Library on Sunday, March 5, 2023; and Authorizing City Co-Sponsorship of the Carmel Public Library Foundation's Annual Sterling Circle Event at the Main Library on Sunday, June 11, 2023
Item 12 - Resolution 2023-018, Approving the use of the Sourcewell cooperative purchase contract with Krueger International Inc., dba KI doing business as Systems & Space Inc. (Contract no. 121919-KII) for the purchase and installation services for library shelving; and authorizing the City Administrator to enter into an agreement with Krueger International Inc./ Systems & Space Inc. for the purchase and installation services for library shelving Item 13 - Resolution 2023-019 authorizing the City Administrator to execute Amendment No. 4 to the Agreement with Peninsula Messenger Service for mail delivery for a not-toexceed increase of One Hundred Seven Thousand Seven Hundred and Thirty Dollars ($107,730.00) for the term of January 1, 2023 to June 30, 2024
Item 14 - Resolution 2023-020 authorizing the City Administrator to execute Amendment No. 3 to a Professional Services Agreement with Municipal Resource Group, LLC (MRG) for a new notto-exceed amount of One Hundred Nineteen Thousand Five Hundred and Fifty Dollars ($119,550.00) and modify the scope of work, therein, by requiring additional services Item 15 - Resolution 2022-021 adopting the City of Carmel-by-the-Sea At-Will (Unrepresented) Classification Salary Plan in accordance with Municipal Code 2.52.520 as of January 1, 2023 Item 16 - Resolution 2023-022 ratifying an appointment to the Historic Resources Board Item 17 - Adopt Resolution 2023-023 authorizing a refund of a Track 2 Design Review application fee and Use Permit application fee in the amount of $5,846.25 to CRI on Carpenter, Inc.

Attachment 2
Item 18 - Resolution 2023-024 Authorizing the City Administrator to execute a Professional Services Agreement with EMC Planning Group Inc., for a not-to-exceed fee of $239,145.00, to update the General Plan Housing and Safety Elements
Item 19 - Report on the Ad Hoc Committee findings and recommendations regarding the Police/Public Works Building; authorize staff to move forward with Request for Proposals (RFP) for architectural firms with a strong practice in Police Department design and rehabilitation

ITEMS PULLED FROM CONSENT
Item 4 - Resolution 2023-010, Proclaiming the Continuing Need to Meet by Teleconference Pursuant to Government Code Section 54953 (e)
Motion by Mayor Pro Tem Richards to adopt Resolution 2023-010, seconded by Mayor Potter, and approved 4-1-0-0 by the following roll call vote:

AYES: Councilmembers Dramov, Ferlito, Richards, and Mayor Potter NOES: Councilmember Baron
ABSENT: None
ABSTAIN: None

PUBLIC HEARINGS
Item 20 - Consider Ordinance No. 2022-007 (first reading) amending Carmel Municipal Code (CMC) Sections 17.14.040, 17.28.010, and 17.70.020, to prohibit timeshare and fractional interest uses, as well as advertising and sale thereof, in a manner fully in conformity with the California Coastal Act (CA Section 30510) - Continued from December 6, 2022, and January 10, 2023 Community Planning and Building Director Swanson gave a brief presentation on the item.

Public Comment:

Missy Moile, spoke on behalf of Pacasso, against the Ordinance. Ann Coughlin, Adam Pinterits, Richard Kreitman, Simon Bull, Mike Coughlin, and Eric Colson spoke against the Ordinance.

Nancy Twomey, William Hansen, Mike Brown, Bill Caddel, Janice Bradner, Tim Twomey, and Lucinda Lloyd spoke in favor of the Ordinance.

Council discussion resumed. Council asked for information at the next meeting regarding how property taxes are assessed. City Attorney Pierik read the title of the Ordinance.

Motion by Councilmember Ferlito to read by title only, waive full reading, and introduce Ordinance 2022-007, seconded by Councilmember Baron, and passed 5-0-0-0 to a second reading on March 7, 2023, by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
Attachment 2
ABSENT: None
ABSTAIN: None

ORDERS OF BUSINESS
Item 21 - Receive an Update on the AB 2449 Teleconferencing Rules for Attendance at Meetings of Legislative Bodies
City Attorney Pierik gave a summary of the item and answered questions from Council.

Public comment: None
No formal action taken.

FUTURE AGENDA ITEMS
Councilmember Ferlito asked for the City Attorney for an update on the laws regarding Councilmembers disclosing donations received for their campaign before voting on an item. She also requested an update on the City’s General Plan.

ADJOURNMENT
Council adjourned at 5:59 p.m.

APPROVED: ATTEST:
____________________________ _____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2

CITY COUNCIL

SPECIAL MEETING
FEBRUARY 21, 2023
OPEN SESSION - 4:30 PM

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:30 PM.

Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, and Mayor Dave Potter were present. Mayor Pro Tem Bobby Richards was absent.

PLEDGE OF ALLEGIANCE - Mayor Potter led the pledge.

PUBLIC APPEARANCE - None

ORDERS OF BUSINESS
Item 1 - Fiscal Year 2022-2023 Mid-Year Budget Report and Resolution 2023-025 Approving FY 2022-2023 Adopted Budget Amendments
City Administrator Rerig gave a brief overview of the item. Assistant City Administrator Gullo gave a presentation to Council and answered questions.

Public Comment:

Shirley Moon said there is an imbalance in the budget regarding adequate trash pickup on the beach, particularly during the last holiday weekend. Phil Finterman (sp?) the public spoke about the risk to Carmel for theft to businesses, especially jewelry retailers.

Council discussion resumed.

Motion by Councilmember Baron to adopt Resolution 2023-025, seconded by Councilmember Ferlito, and approved 4-0-1-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, and Mayor Potter NOES: None
ABSENT: Mayor Pro Tem Richards
ABSTAIN: None

ADJOURNMENT
Council adjourned at 5:08 PM
SIGNED: ATTEST:
_____________________________ _______________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
March 7, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: January 2023 Monthly Reports
RECOMMENDATION:

Review and receive monthly reports.

BACKGROUND/SUMMARY:

This is a monthly series of reports:

City Administrator Contract Log (none for January 2023) Community Planning and Building Department Reports
Police, Fire, and Ambulance Reports
Public Records Act Requests
Public Works Department Reports
FISCAL IMPACT:

N/A
PRIOR CITY COUNCIL ACTION:

Monthly review and approval
ATTACHMENTS:

Attachment 1) Community Planning and Building Department Reports Attachment 2) Police, Fire, and Ambulance Reports
Attachment 3) Public Records Act Requests
Attachment 4) Public Works Department Reports

CITY OF CARMEL-BY-THE-SEA
Monthly Report

Community Planning and Building Department
JANUARY 2023 – DEPARTMENT ACTIVITY REPORT
I. PLANNING PERMIT APPLICATIONS:

In January 2023, 34 planning permit applications were received.

II. BUILDING PERMIT APPLICATIONS:

In January 2023, 59 building permit applications were received.

III. CODE COMPLIANCE CASES:

In January 2023, 28 new code compliance cases were created.

IV. TRANSIENT RENTAL COMPLIANCE CASES:

In January 2023, 10 new transient rental compliance cases were created.

V. ENCROACHMENT PERMIT APPLICATIONS:

In January 2023, 17 encroachment permit applications were received.

VI. YEAR-TO-DATE TRENDS
Table 1 includes the following January 2023 totals: planning and building permit applications, code compliance and transient rental compliance cases, and encroachments. January 2023 totals are provided alongside January 2022 totals for comparison.

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: February 7, 2023
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 1
Compared to the same time period in the year 2022, Table 1 denotes the following percentage changes in the year 2023:
• Planning Permit Applications – increase of 13.33%
• Building Permit Applications – increase of 20.41%
• Code Compliance Cases – increase of 75.00%
• Transient Rental Compliance Cases – increase of 900.00% • Encroachment Permit Applications – decrease of 8.78%
Table 1. Permit Application Totals PLANNING BUILDING CODE

COMPLIANCE

TRANSIENT
RENTAL

COMPLIANCE

ENCROACHMENTS
2022 YTD Totals 30 49 16 1 15
2023 YTD Totals 34 59 28 10 17
YTD % Difference +13.33% +20.41% +75.00% +900.00% +13.33% Attachment 1
Page: 1 of 5
Planning Permit Report
01/01/2023 - 01/31/2023
Permit # Permit Type Project Description Address/Location Date Received
Date
Approved
Status
23024 Design Study REPLACEMENT OF 10 ORIGINAL SINGLE-PANE DIVIDED

LITE WINDOWS WITH NEW PELLA DOUBLE-PANE, WOOD
CLAD WITH ALUMINUM, DIVIDED LITE WINDOWS. ALL

NEW WINDOWS WILL BE INSTALLED IN THE SAME

FOOTPRINT AS THE ORIGINAL WINDOWS WITH NO

CHANGES IN WINDOW LOCATION OR SIZE
NE 10th & Mission 1/30/2023 Pending
Assignment
23023 Design Review Add Balcony and Deck to upper floor & awning roof.

Remove and changing of windows and door and
staircase.

Santa Rita 4 SE
Ocean
1/30/2023 In Review
23022 Design Study Remodel of and Addition to existing 1,555 SF house with attached garage. Remodel existing kitchen, bathrooms,
add laundry, 2nd-story bedroom suite. Replace existing
roof, siding, all doors and windows.
4th Avenue 2 NE
Lobos Street
1/27/2023 In Review
23021 Authorized Work Repair leaking roof above front entry. Casanova 5 SE of 13th Ave
1/24/2023 1/26/2023 In Review
23020 Authorized Work This Notice of Authorized Work allows for additional patching/repairing of a portion of a shared driveway.

The repair shall be limited to the area shown on the
annotated plan prepared by Terry Latasa dated received
by the Community Planning & Building Department on
August 14, 2015 and stamped approved by the City. The
area of work is generally along the north side of the rear stoop.

Lobos 5 NW 2nd
Ave
1/10/2023 1/25/2023 Approved
Page: 2 of 5
23019 Design Study Convert existing 208 SF Guest House into Accessory Dwelling Unit with an addition of 56 SF; 49 SF addition to existing main level, replace existing fireplace; new 200 SF garage addition; 282 SF addition to existing upper
level.

Carmelo Street 2
NE of 8th Avenue
1/24/2023 In Review
23018 Preliminary Site
Assessment
Remove existing detached laundry shed and garden
structure. Add 875 SF two story addition to rear (west).

Add 100 SF one story to side (north).
0 Mission 2 NW of
Santa Lucia
1/24/2023 In Review
23017 Coastal
Development
Permit
Drainage improvements 1/19/2023 In Review
23016 Coastal
Development
Permit
Well decommissioning 1/19/2023 In Review
23015 Historic
Evaluation
Replace existing roof with new Malarkey "Windsor"
composition shingle roof system
Lincoln 3 NE of
11th
1/19/2023 In Review
23014 Closed
23013 Street Vending Devendorf Sidewalk Vending Permit 1/18/2023 In Review Page: 3 of 5
23012 Design Study Revision To Design Study DS 20-392. Original project description: Addition and Remodel of existing singlefamily residence, including new attached ADU, decks, new detached garage, and interior remodeling. PLAN
REVISIONS: Architectural:

1.) Delete Stone Privacy Wall At North Property Line &
Continue Wood Fence In It's Place.

2.) Change Fence Design At North Property Line To A
Simple Grape Stake Fence.

3.) Change Window Manufacturer From Pella - Reserve
To Kolbe - Ultra (Metal Clad Wood). Style
Remains Unchanged.

4.) Change Exterior Door & Window Color From Black To
Kolbe - Sahara Color (See Updated Exterior Colors &
Materials Sheet A7.01).

5.) Increase Width Of Segmented Overhead Garage Door
From 8'-0" To 8'-10".

6.) Change Stone Arch At Dining Room Bi-Fold Door
(Door #02) To Flat Top Opening With Wood Lintel.

7.) Delete Window At South Wall Of Dining Room
(Window #01).

8.) Reduce Height Of Windows At South Wall Of Master
Bedroom (Windows #07 & 08).

9.) Change Master Bedroom Oriel Window From Arch
Top To Flat Top (Window #10).

10.) Remove Iron Grille From North ADU Bath Window
(Window #21).

11.) Replace Glass In Windows Located Within The 3'-0"
Setback With Fire Rated Glass & Make
Inoperable To Meet The Building Code Requirements For
Fire-Resistant Construction. (Windows #02, 03, & 06)

12.) Add Two Skylights At The West Side Of The Living
Room / Kitchen.

13.) Convert Ceiling In Bedroom No. 1 From Flat Ceiling Into Vaulted Ceiling.

14.) Extend Parapet Wall At Roof Deck In The Place Of
Camino Real 3 SW
of 13th
1/18/2023 In Review
Page: 4 of 5
Iron Railings.

Structural:

1.) Details Added For Shear Wall Sheathing At Wall
Interior To Allow For Exterior Finish To Remain
Where Required.

2.) Detail Added For Bridging Garage Foundation
Footings Over Tree Roots.
23011 Preliminary Site
Assessment
Alterations and addition to the (E) historic residence.

Construction of new detached 1-car garage.

Santa Fe 3 NW of
6th
1/13/2023 In Review
23010 Design Study Revised design for previously submitted remodel including exterior material and color changes, 141 sq. ft. sunroom addition, and reduction and replacement of
existing front yard hardscape.

Casanova 4 SW of
13th
1/12/2023 In Review
23009 Design Study Replace all windows size for size with new wood windows. Remove 2 doors and 1 window. Build new 172
sf 1st floor wood deck.

Forest 2 NW of
Mountain View
1/3/2023 In Review
23008 Preliminary Site
Assessment
-INTERIOR REMODEL AND ADDITION TO EXISTING
RESIDENCE WITH BASEMENT.
-ADDITION OF NEW DETACHED ONE-CAR GARAGE.
-NEW ADJUSTED FLOOR LEVEL AT BASEMENT WITH

NEW FLOOR AREA ADDITION
-EXISTING HIGHEST RIDGE TO REMAIN
NE corner of 12th
and San Antonio
1/3/2023 In Review
23007 Sign Install one (1) non-illuminated blade sign and window vinyl.

Ocean Avenue &
Mission Street,
Carmel Plaza,
Suite 217
1/3/2023 In Review
23006 Design Study Removal of existing garage and storage building with construction of new garage and ADU in the same
location.

Corner of 11th
Avenue &
Casanova Street
1/9/2023 In Review
Page: 5 of 5
23005 Design Study Single-family residence addition / alteration.

EXCAVATION AND EXTENSION OF EXISTING WALKOUT
BASEMENT TO PROVIDE NEW ADU. HORIZONTAL
ADDITION TO RELOCATE 1ST FLOOR STAIR/BATHROOM.

HORIZONTAL ADDITION TO PROVIDE ATTACHED SIDE
GARAGE. NEW ROOF DORMERS TO PROVIDE CODE
REQUIRED HEAD SPACE AT 2ND FLOOR. NEW TRELLISES
AND DECK. INTERIOR ALTERATIONS.

Casanova 10 NE
of Ocean
1/6/2023 In Review
23004 Landscape Plan
Check/Inspection
Right of way landscaping along front yard of residence. Carmelo 3 SW of 9th
1/4/2023 In Review
23003 Design Study Replace existing detached garage with new detached garage on lower side of property.
0 Mission 2 NW of
Santa Lucia
Closed
23002 Design Study Installation of a 12x28 shed 5 Crespi Ave. 1/13/2023 In Review 23001 Landscape Plan
Check/Inspection
Landscape modifcations to accommodate new
construction for a Statewide Exemption Accessory
Dwelling Unit (ADU), without additional site coverage.

Proposed ADU is one-story and 800 square feet total.

NE corner of
Monte Verde &
13th Avenue
1/3/2023 In Review
23000
Total Records: 25 2/3/2023
Page: 1 of 6
Building Permit Report
01/01/2023 - 01/31/2023
Permit # Date
Submitted
Date
Approved
Project Description Valuation Permit Type Property Location 230058 1/31/2023 2/2/2023 Tear off (e) composition roof and install Malarkey 30 year composition shingles in color Antique Brown over 15lb felt.

Contact: Williams Roofing Company (831) 758-2749
8,900 Building Mission 2 SE of 8th
230057 1/31/2023 Install RainSoft EC-5 series water treatment system 8,950 Plumbing Santa Fe 4 NW of 4th
230056 1/31/2023 Gas repair. 3/4" pipe leaking, replace 25-30' section at parking area for C-D-E apartments. Contact: Ramirez Plumbing (831) 393-9804
3,000 Plumbing NW Corner of
Mission & 4th
230055 1/31/2023 2/2/2023 Remove old shake roof and install new cedar shake roof system to main house and garage only.
62,480 Roofing 8th 2 SE of Torres
230054 1/31/2023 Building deck behind main residence and replacing railroad tie retaining walls with stone veneer concrete retaining walls. 150,000 Building Forest 2 SE of 8th
230053 1/30/2023 Repair storm damaged fence at front of property. Replace grape stake fence in-kind. Contact: Carmel Custom Homes (831) 717-0404
0 Exempt Work Casanova 2 SE of
10th
230052 1/27/2023 Northwest patio/deck extension. Complete dismantling of existing north patio/deck cantilever from existing ground floor structure and construction of new patio/deck north extension. 15,000 Building NE Corner of
Mission & 3rd
230051 1/27/2023 1/27/2023 Caulk around fire place to prevent roof leaking, paint touchups, and treat rusty nails. Contact: Jim Messemer (415) 517-7291
0 Exempt Work San Antonio 2 NW
of 13th
230050 1/26/2023 Retroactive authorization of previously installed generator. 2,000 Building Dolores 4 NE of 2nd 230049 1/26/2023 Add 120 VAC convenience outlet to border wall, remove existing dining table with gas fireplace centerpiece; install 2'x4' interior natural gas fire pit. Run new line to fire pit. 0 Plumbing NE Corner of
Lincoln & 10th
Page: 2 of 6
230048 1/25/2023 Replace/retrofit 10 windows in the same size, no framing work to take place.
0 Exempt Work Santa Rita 2 SW of
Ocean
230047 1/25/2023 1/25/2023 Upgrade service panel from 100 to 200 amp, replace three subpanels throughout the house.
3,800 Electrical SW Corner of
Carmelo & 7th
230046 1/25/2023 1/25/2023 Paint all window trims and eaves Double Expresso DY633 to match (e) roof shingles. Paint all exterior walls and deck hand railings Smoky White BWC-13. Paint the garage door Grant Gray HDC-AC-19. Stain all the decks Cedar Natural Tone
Transparent Waterproofing Exterior Wood Finish.
0 Exempt Work 13th 2 SE of Mission
230045 1/25/2023 1/25/2023 Main panel replacement in-kind, reconnect for PG&E. Contact:

Lori Electric (831) 521-2841
1,800 Electrical Mission 7 SW of
13th
230044 1/25/2023 Retile vanity & toilet in bathroom. Contact: Mac Builder (831) 277-5142
15,000 Building NW Corner of
Forest & 7th
230043 1/25/2023 1/25/2023 Remove and replace furnace with new ducting. Contact:

Marina Plumbing & Heating (831) 384-8206
19,800 Mechanical Santa Rita 2 SE of
5th
230042 1/25/2023 1/25/2023 Remove existing Landmark TL Shingles along the walls of property to weave with new flashings, seal chimney, and flat roof where needed. Reinstall Landmark TL shingles in color "Country Gray".
6,000 Roofing San Carlos 2 NW of
12th
230041 1/25/2023 Interior Finishes and Exterior Deck Changes 50,001 Building Mission 4 SW of 10th, Carmel By The
Sea, CA 93921
230040 1/25/2023 1/27/2023 MITIGATION OF WATER INTRUSION IN THE CRAWLSPACE.

ENTRY DOOR STOOP (CONCRETE/TILE) TO BE DEMOLISHED TO
ALLOW ACCESS TO THE FOUNDATION WALL.
12,000 Building Lincoln 3 SW of 3rd
230039 1/20/2023 MITIGATION OF WATER INTRUSION AT THE LOWER LEVEL RETAINING WALL LOCATED IN THE CRAWLSPACE - 80LF
10,000 Building Lincoln 6 SW of 3rd
230038 1/20/2023 Inter 0 Building
230037 1/20/2023 1/25/2023 Addition of EV charger in garage, 32 amps 240 volt. Contact:

John Craft (831) 915-3488
1,800 Electrical Lopez 12 NE of 4th
230036 1/20/2023 1/20/2023 Change meter main load center from 100 amps to 200 amps.

Contact: John Craft (831) 915-3488
3,500 Electrical SE Corner of
Carpenter & 4th
Page: 3 of 6
230035 1/19/2023 1/19/2023 Remove (e) roofing, install class "A" fire retardant composition shingles. Contact: Slaton & Son Roofing (831) 449-0599
17,593 Roofing Carpenter 3 NE of
5th
230034 1/19/2023 Remove (e) cementitious deck system and install new "Westcoat" cementitious deck system, to remain in color gray.

Contact: Coastal Roofing & Waterproofing (831) 324-4809 11,490 Building Lincoln 3 NE of 11th
230033 1/19/2023 Replace water line from meter to house, install new natural gas line from meter to new fire pit. Contact: Hall Landscape Design Inc (831) 601-5490
2,340 Plumbing Carmelo 2 SW of
8th
230032 1/18/2023 1/18/2023 Replace electrical meter main panel with new 200 amp panel.

Contact: JP Electric (831) 288-1414
4,000 Electrical Junipero 6 NE of
10th
230031 1/18/2023 1/18/2023 Replace old water heater with new electric heat pump water heater, 50 gallon.
0 Plumbing 6th 2 NE of Dolores
230030 1/18/2023 1/18/2023 Replace old water heater with new electric heat pump water heater, 50 gallon.
0 Plumbing NE Corner of Ocean
& Lincoln
230029 1/18/2023 1/18/2023 Replace old water heater with new electric heat pump water heater, 50 gallon.
0 Plumbing Monte Verde 3 SE
of Ocean
230028 1/18/2023 1/18/2023 Replace old water heater with new electric heat pump water heater, 50 gallon.
0 Plumbing Junipero 2 NE of
5th
230027 1/18/2023 1/18/2023 Remove damaged switches, install new switches, new control panel installation. Contact: Cal Coast Electric (408) 887-8576 0 Electrical Junipero 2 NE of
5th
230026 1/18/2023 1/27/2023 Rooftop PV System with Battery. Contact: Mark Evensen (831) 453-0060
9,000 Electrical Lincoln 3 NE of 5th
230025 1/17/2023 Replacement of existing PVC exterior railings with new wood and aluminum railings. Contact: Jerry Stepanek (831) 915- 2730
10,000 Building San Carlos 2 NW of
3rd
230024 1/17/2023 1/27/2023 Install a roof mounted 3.60 kw solar PV system and ESS.

Contact: SolarTecture (831) 233-3004
43,656 Electrical 26245 Dolores
230023 1/17/2023 Waterproof exterior foundation of the garage on the southeast side of the house. Contact: Lewis Builders (831) 601-9256
5,000 Building NE Corner of Santa
Fe & 4th
230022 1/17/2023 Bathroom remodel 15,000 Building SW Corner of Mission & 10th
Page: 4 of 6
230021 1/13/2023 1/13/2023 Fixing (e) fence that fell in storm. Correcting posts, no increase to height. Contact: Mariya Rychkova (209) 981-5691
0 Exempt Work Lincoln 2 NW of 8th
230020 1/13/2023 1/13/2023 Tear off (e) shake roof down to original sheathing. Install 1/2" cdx laminated plywood sheathing. At existing flat roof, install single-ply PVC membrane. At pitched section, install one layer of polyglass polystick XFR class A self-adhered membrane over roof deck. Install 24ga Galvalume 18 3/4" wide 2.0 SCH
mechanical seam roof panels, Western States Matte, over metal underlaying in color "Dark Bronze". Contact: Scudder Roofing (831) 384-1500
68,656 Roofing Forest 2 SE of 8th
230019 1/12/2023 Remodel two existing kitchens in units 204 & 205.

Replacement of appliances, cabinets, flooring, sinks, faucets, kitchen and dining room windows. Upgrade electrical outlets, lighting, and electrical panels. The remaining electrical panels will be upgraded by separate contractor.
42,000 Building SE Corner of
Junipero & 3rd
230018 1/12/2023 Complete repairs to existing sundeck. Replace remaining Bomenite surface with porcelin tiles to match existing propr repairs. Repairs include replacing rotted plywood, weather proofing material, and plaster touch ups.
25,000 Building SW Corner of
Junipero & 3rd
230017 1/12/2023 2/2/2023 Tear off four layers of roofing and replace 21 squares of shingle roofing.

CONDITIONS: Utilize asphalt shingles by Ownes Corning brand in color "Summerwood", and shingles shall be applied in the same manner as the existing roof style, keeping the curved element which is considered a significant identifying feature of the "Dr. H.R. Green House".

Contact: Reliable Roofing (408) 709-1499
15,000 Roofing Camino Real 4 SE of
10th
230016 1/12/2023 1/12/2023 Service upgrade from 100 amp to 200 amp. Contact: Cate Electrical Co (831) 624-5361
2,000 Electrical Carpenter 2 SE of
5th
230015 1/12/2023 1/12/2023 Replace damaged weatherhead and riser. Contact: Get Wired (831) 915-4301
500 Electrical NW Corner of
Guadalupe & 4th
Page: 5 of 6
230014 1/10/2023 1/10/2023 Plaster and drywall repairs, repair and reglaze wood sash window panes where leaking, install new carpeting, paint interiors, change counter tile to quartz counter tops. Contact:

South Coast Construction (831) 512-6739
0 Exempt Work SW Corner of
Carmelo & 7th
230013 1/10/2023 2/2/2023 Remove and install new solar panels in conjunction with roof replacement. Contct: Oliveira Benedito (831) 236-7829
7,000 Electrical Forest 2 SE of 8th
230012 1/9/2023 1/9/2023 Repair and replace damaged electrical riser. 1,000 Electrical Lobos 4 SE of 2nd 230011 1/9/2023 1/9/2023 Emergency electrical service reconnect and panel upgrade from 100amp to 200amp. Contact: Barry Long (925) 989-8931 2,500 Electrical SW Corner of
Torres & 2nd
230010 1/6/2023 1/9/2023 Replace panel and upgrade to 200 amp. Contact: 4,000 Electrical San Carlos 6 SW of 8th
230009 1/9/2023 1/19/2023 Solar PV roof mounted system & interconnection and 4 powerwalls and gateway installation.
92,815 Electrical Camino Real 4 SW
of 13th
230008 1/6/2023 1/6/2023 Replacement of electrical weather head connector. Contact:

Casas Builders (831) 601-0922
400 Electrical Junipero 6 NE of
10th
230007 1/5/2023 1/6/2023 Remove portion of old fence that was taken down by wind and rebuild fence in kind. Condition: Fence shall match existing fence in both height and design. Contact: David Segura (831) 601-6768
0 Exempt Work NE Corner of
Carmelo & 11th
230006 1/5/2023 1/5/2023 Replacement of tile surround at tub enclosure in bathroom #2. No plumbing work authorized. Contact: Russell Campbell (831) 238-7040
0 Exempt Work Santa Fe 2 SE of 3rd
230005 1/4/2023 1/31/2023 Replace existing deck Like and Kind, due to severe wood rot.

Safety Hazard
45,000 Building Dolores 3 NW of
3rd
230004 1/4/2023 Rear porch and step replacement, roof replacement, window replacement, fence repair and replacement. Contact: Lorenzo Mariani (209) 401-5001
20,000 Building NW Corner of
Torres & 3rd
230003 1/4/2023 1/4/2023 Paint interior walls, remove old carpet, and install a floating vinyl tile floor with faux wood appearance. Contact: Cristina Rosenbaum (415) 961-5557
0 Exempt Work Dolores 3 NE of 6th
Page: 6 of 6
230002 1/3/2023 Remodel kitchen and two bathrooms. Install new windows in existing openings, replace asphalt driveway with paver
driveway, new exterior paint.
150,000 Building Lincoln 3 SW of
12th
230001 1/4/2023 Generator Installation. 8,100 Electrical Vizcaino 1 NW of Flanders
230000 15,000
Total Records: 59 2/3/2023
Page: 1 of 2
Code Compliance Report
01/01/2023 - 01/31/2023
Case # Case Type Status Location Problem Description Date Received Date Closed 23028 Other Open SW Corner 4th & Mission Emergency repair - gas line 23027 Building Violation Open Dolores 3 NW of 13th Unscreened portable toilet 1/12/2023 23026 Right of way
Violation
Closed Waste in right-of-way 1/10/2023
23025 Public Nuisance Closed SE Corner Junipero and 8th Construction on Sunday 1/22/2023 1/22/2023 23024 Sign Violation Open SW Corner Ocean and Junipero "A" frame sign - Dutch Door 1/21/2023 23023 Sign Violation Open SW Corner of Ocean and Junipero "A" Frame Sign Dutch door 1/22/2023 23022 Sign Violation Closed 2nd 3 se Monte Verde Open house signs in ROW 1/21/2023 1/21/2023 23021 Tree Violation Closed Scenic 3 NE of 13th Digging in root zone 1/20/2023 1/20/2023 23020 Right of way
Violation
Open 2nd 3 NW of Carpenter No parking sign/control ROW 1/19/2023 23019 Sign Violation Open 5th 3 SW San Carlos Illuminated Window Display 23018 Sign Violation 1st NOV sent Junipero 2 SW 5th self-illuminating displays 1/6/2023 23017 Sign Violation 1st NOV sent N side Ocean b/n Dolores & San Carlos
self-illuminating sign/display` 1/6/2023
23016 Planning/Building
Violation
Open Dolores 4 SE of 1st Generator noise 1/3/2023
23015 Short-term Rental 1st NOV sent Carmelo 2 SE 4th STR 1/9/2023 23014 Short-term Rental Closed 25975 Mission Transient Rental 1/9/2023 1/30/2023 23013 Short-term Rental 1st NOV sent N Casanova 2 SE 2nd STR 1/9/2023 23012 Short-term Rental Closed 25967 Mission Transient rental 1/9/2023 1/27/2023 23011 Business License
Violation
Open NWC of San Carlos and 8th Operating without a business license
Page: 2 of 2
23010 Business License
Violation
Open San Carlos SW of 7th Operating without a business
license
1/6/2023
23009 Short-term Rental Closed Santa Fe 2 SE 5th STR 1/8/2023 2/3/2023 23008 Short-term Rental Closed Guadalupe 2 NE 3rd STR 1/8/2023 1/13/2023 23007 Short-term Rental Open 2nd 1 NE N Camino Real STR 1/8/2023 23006 Short-term
Residential
Violation
Closed San Carlos 4 SE Alta STR 1/8/2023 2/3/2023
23005 Short-term Rental 1st NOV sent Carpenter 4 SE of 3rd STR 1/8/2023 23004 Short-term Rental 1st NOV sent 5th 2 NE Perry Newberry STR 1/5/2023 23003 Short-term Rental 1st NOV sent SW Corner Dolores and 1st Short Term Rental 1/5/2023 23002 Right of way
Violation
Open Santa Fe 3 NW of 2nd Landscaping public right-of-way 1/5/2023 23001 Sign Violation Open Plaza Courtyard Sandwich Sign 1/4/2023 Total Records: 28 2/3/2023
Page: 1 of 1
Transient Rental Report
01/01/2023 - 01/31/2023
Case # Street Status Date Received Last Status Date Date Closed 23015 Carmelo 1st NOV sent 1/9/2023 1/9/2023
23014 Mission Closed 1/9/2023 1/10/2023 1/30/2023
23013 N Casanova 1st NOV sent 1/9/2023 1/9/2023
23012 Mission Closed 1/9/2023 1/27/2023 1/27/2023
23009 Santa Fe Closed 1/8/2023 2/3/2023 2/3/2023
23008 Guadalupe Closed 1/8/2023 1/13/2023 1/13/2023
23007 2nd Open 1/8/2023 1/8/2023
23005 Carpenter 1st NOV sent 1/8/2023 1/8/2023
23004 5th 1st NOV sent 1/5/2023 1/8/2023
23003 Dolores and 1st 1st NOV sent 1/5/2023 1/8/2023
Total Records: 10 2/3/2023
Page: 1 of 2
Encroachment Permit Report
01/01/2023 - 01/31/2023
Permit # Permit Type Date
Submitted
Project Description Property Location Date
Issued
Status
230017 Driveway 1/31/2023 Replace 9'x29' asphalt driveway with new permeable paver driveway. Contact: Ricardo Munoz (831) 402-
5078
Torres 4 NE of 6th In Review
230016 Temp Ench 1/31/2023 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
SW Corner of Carmelo
& 10th
1/31/2023 Issued
230015 POD 1/30/2023 Have a 20' storage container placed in front of the Golden Bough, Monte Verde side. 2-3 days projected
timeline. Contact: Julie Highett (831) 622-0700
Monte Verde 2 SW of
8th
1/31/2023 Issued
230014 Temp Ench 1/30/2023 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
NW Corner of Junipero
& Vista
1/30/2023 In Review
230013 Driveway 1/27/2023 Driveway replacement with new Antiquated Flat Top pavers.
10th 2 NE of Casanova In Review
230012 Temp Ench 1/25/2023 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
NW Corner of Junipero
& Vista
1/25/2023 Issued
230011 Temp Ench 1/25/2023 6'x8' concrete patch for CalAm job #1365. Contact:

Coastal Paving & Excavating (831) 262-1425
Monte Verde 2 SE of
Ocean
1/25/2023 Issued
230010 Temp Ench 1/10/2023 Installation of 16' POD in public ROW from 2/8/23 - 2/28/23. Contact: Joanie Deis (925) 683-8404
Casanova 5 SW of 13th 1/11/2023 Issued
230009 Temp Ench 1/10/2023 Commercial underground service to hotel. Applicant to trench/backfill onsite and install electric
substructures. PG&E to trench/backfill offsite & install electric conduit/new service. Contact: PG&E (408)
478-1894
NW Corner of Mission
& 5th
2/1/2023 Issued
230008 Temp Ench 1/9/2023 Installation of clearance pole and trim trees to eliminate tree usage. PM# 35411733. Contact: PG&E
(831) 713-6019
SW Corner of Flanders
& Crespi
In Review
Page: 2 of 2
230007 Temp Ench 1/3/2023 5'x7' asphalt patch for CalAm. Contact: Coastal Paving & Excavating (831) 262-1425
Intersection of Camino
Real & Ocean
1/3/2023 Issued
230006 Temp Ench 1/3/2023 Replace sewer lateral using pipe bursting. Contact:

Rooter King (831) 394-5315
San Carlos 2 NW of
12th
1/4/2023 Issued
230005 Temp Ench 1/3/2023 PG&E to remove and replace switch pole, install transformer, remove and replace riser, install
underground svc and meter to new home with 320A
panel. PM# 35321128. Contact: PG&E (408)
Monte Verde 3 NE of
Santa Lucia
1/12/2023 Issued
230004 Temp Ench 1/3/2023 PG&E to trench and backfill all. PG&E gas maintenance, installation of 2 anodes. Road closure
required. PM# 45547576. Contact: PG&E (408) 478-
1894
Intersection of Mission
& 3rd
1/4/2023 Issued
230003 Driveway 1/3/2023 Replace (e) concrete driveway with 6"x9" concrete sand set pavers and replace (e) asphalt transition strip and shoulders at the street with new asphalt. All
pavers and asphalt to be in same location/size.

Contact: John Hill (831) 620-2924
SW Corner of Camino
Real & 11th
In Review
230002 Temp Ench 1/3/2023 PG&E to trench and backfill all (5'x5' bellhole), PG&E to abandon existing gas service. Contact: PG&E (408)
478-1894
Carmelo 5 NW of
Ocean
1/3/2023 Issued
230001 Temp Ench 1/3/2023 Replace sewer lateral using pipe bursting. 811# 202212220276. Contact: Rooter King (831) 394-5315
Torres 2 NW of 1st 1/3/2023 Issued
Total Records: 17 2/3/2023

CITY OF CARMEL-BY-THE-SEA
Monthly Report
January 2023
Public Safety

AMBULANCE REPORT
Summary of Carmel Fire Ambulance May Calls for Service

AMBULANCE PERFORMANCE MEASURE
The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For the month of January 2023 the ambulance was able to meet the performance measure. The response time was 96% with (3) code-3 call over 5 minutes.
76 total calls for service in CBTS Average response time: 3:13 min. 68 total Code-3 Fire calls for service with (3) Fire call over 5:00 min 01/05/2023 – Code 3 response 05:28 min – 2nd Ave/N Casanova – Did not hit the on scene button 01/09/2023 – Code 3 response 05:28 min – Carpenter St/6th Ave – Delayed due to weather 01/10/2023 – Code 3 response 05:04 min – Santa Fe St/4th Ave – Delayed due to weather

MONTEREY FIRE REPORT
Summary of Monterey Fire May Calls for Service

FIRE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency-lights & siren) fire calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For the month of January 2023 the fire department was able to meet the performance measure. The response time was 99% with (1) code-3 calls over 5 minutes.

TO: Honorable Mayor and City Council Members
SUBMITTED BY: Acting Police Chief Jeff Watkins
SUBMITTED ON: February 24, 2023
APPROVED BY: Chip Rerig, City Administrator
Attachment 2
120 total calls for service in CBTS Average response time: 2:19 min. 90 total Code-3 Fire calls for service with (1) Fire call over 5:00 min 01/09/2023 – Code 3 response 09:15 min – Mission St/Vista Ave – Delayed due to multiple call and weather

BEACH FIRES
(0) Illegal beach fires were recorded during the month of January Attachment 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS)
Rescue, EMS incident, other 1/8/2023 230108-CFA00047 00:02:45 SAN CARLOS ST 8TH AVE 3 EMS call, exluding vehicle accident with injury 1/1/2023 230101-CFA00001 00:01:42 DOLORES ST 5TH AVE 3 EMS call, exluding vehicle accident with injury 1/1/2023 230101-CFA00002 00:02:38 SAN CARLOS ST 4TH AVE 3 EMS call, exluding vehicle accident with injury 1/1/2023 230101-1040-CFA0003 00:05:00 10TH AVE MONTE VERDE 3 EMS call, exluding vehicle accident with injury 1/1/2023 230102-0042-CFA0004 00:03:00 CASANOVA ST NOVA/OCEAN 3 EMS call, exluding vehicle accident with injury 1/2/2023 230102-CFA00006 00:02:53 LINCOLN ST 7TH AVE 3 EMS call, exluding vehicle accident with injury 1/4/2023 230104-CFA00016 00:01:56 CARPENTER ST 1ST AVE 3 EMS call, exluding vehicle accident with injury 1/5/2023 230105-CFA00026 00:05:28 2ND AVE N CASANOVA ST 3 EMS call, exluding vehicle accident with injury 1/6/2023 230106-CFA00037 00:03:46 SAN ANTONIO AVE 9TH AVE 3 EMS call, exluding vehicle accident with injury 1/7/2023 230107-CFA00044 00:02:11 MONTE VERDE ST OCEAN AVE 3 EMS call, exluding vehicle accident with injury 1/11/2023 230111-CFA00078 00:03:20 SANTA FE ST 3RD AVE 3 EMS call, exluding vehicle accident with injury 1/12/2023 230112-CFA00079 00:03:47 TORRES ST 2ND AVE 3 EMS call, exluding vehicle accident with injury 1/12/2023 230112-CFA00083 00:02:10 LINCOLN ST 7TH AVE 3 EMS call, exluding vehicle accident with injury 1/14/2023 230114-CFA00090 00:02:31 DOLORES ST 4TH AVE 3 EMS call, exluding vehicle accident with injury 1/14/2023 230114-CFA00092 00:02:44 4TH AVE N CAMINO REAL 3 EMS call, exluding vehicle accident with injury 1/14/2023 230114-CFA00093 00:03:53 DOLORES ST 2ND AVE 3 EMS call, exluding vehicle accident with injury 1/15/2023 230115-CFA00100 00:02:09 4TH AVE SAN CARLOS ST 3 EMS call, exluding vehicle accident with injury 1/15/2023 230115-CFA00101 00:03:09 MISSION ST 4TH AVE 3 EMS call, exluding vehicle accident with injury 1/16/2023 230116-CFA00104 00:00:43 TORRES ST 2ND AVE 3 EMS call, exluding vehicle accident with injury 1/16/2023 230116-CFA00106 00:02:46 CAMINO REAL ST OCEAN AVE 3 EMS call, exluding vehicle accident with injury 1/19/2023 230119-CFA00115 00:02:23 5TH AVE DOLORES ST 3 EMS call, exluding vehicle accident with injury 1/19/2023 230119-CFA00120 00:01:55 JUNIPERO AVE OCEAN AVE 3 EMS call, exluding vehicle accident with injury 1/22/2023 230122-CFA00133 00:01:29 MONTE VERDE ST 10TH AVE 3 EMS call, exluding vehicle accident with injury 1/22/2023 230122-CFA00135 00:01:44 MONTE VERDE ST OCEAN AVE 3 EMS call, exluding vehicle accident with injury 1/22/2023 230122-CFA00136 00:03:31 SCENIC RD 10TH AVE 3 EMS call, exluding vehicle accident with injury 1/24/2023 230124-CFA00143 00:03:09 2ND AVE JUNIPERO AVE 3 EMS call, exluding vehicle accident with injury 1/24/2023 230124-CFA00146 00:01:13 5TH AVE LINCOLN ST 3 EMS call, exluding vehicle accident with injury 1/25/2023 230125-CFA00153 00:03:29 7TH AVE LINCOLN ST 3 EMS call, exluding vehicle accident with injury 1/25/2023 230125-CFA00154 00:03:27 CASANOVA ST 8TH AVE 3 EMS call, exluding vehicle accident with injury 1/26/2023 230126-CFA00159 00:02:25 JUNIPERO AVE 4TH AVE 3 EMS call, exluding vehicle accident with injury 1/27/2023 230127-CFA00162 00:03:09 LINCOLN ST 3RD AVE 3 EMS call, exluding vehicle accident with injury 1/28/2023 230128-CFA00166 00:02:15 JUNIPERO AVE 6TH AVE 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 01/01/2023 To: 01/31/2023
23 01 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
300-321 Series (EMS) cont.

EMS call, exluding vehicle accident with injury 1/28/2023 230128-CFA00167 00:03:38 3RD AVE 2 NE OF SANTA FE ST 3 EMS call, exluding vehicle accident with injury 1/28/2023 230128-CFA00168 00:03:13 3RD AVE SANTA FE ST 3 EMS call, exluding vehicle accident with injury 1/29/2023 230129-CFA00169 00:02:39 SAN CARLOS ST 13TH AVE 3 EMS call, exluding vehicle accident with injury 1/30/2023 230130-CFA00172 00:03:46 SAN CARLOS ST 9TH AVE 3 EMS call, exluding vehicle accident with injury 1/30/2023 230130-CFA00173 00:04:50 5104 MONTEREY ST 5104 MONTEREY ST 3 EMS call, exluding vehicle accident with injury 1/31/2023 230131-CFA00177 00:02:22 MISSION ST 3RD AVE 3 EMS call, exluding vehicle accident with injury 1/31/2023 230131-CFA00178 00:01:53 MISSION ST 3RD AVE 3 39 0:02:51
322-399 Series (Rescues)
Motor vehicle accident with injuries 1/10/2023 230110-CFA00070 00:03:00 JUNIPERO AVE 5TH AVE 3 Motor vehicle/pedestrian accident (MV Ped) 1/9/2023 230109-CFA00060 00:01:46 SAN CARLOS ST 7TH AVE 3 Motor vehicle/pedestrian accident (MV Ped) 1/20/2023 230120-CFA00127 00:01:12 SAN CARLOS ST OCEAN AVE 3 Motor vehicle accident with no injuries. 1/4/2023 230104-CFA00023 00:04:12 HWY 1 OCEAN AVE 3 Motor vehicle accident with no injuries. 1/21/2023 230121-CFA00129 00:03:42 OCEAN AVE MISSION ST 3 5 0:02:46
400 Series (Hazardous Material)
Hazardous condition, other 1/4/2023 230104-CFA00010 00:01:13 TORRES ST 9TH AVE 3 Hazardous condition, other 1/4/2023 230104-CFA00012 00:04:35 LOBOS ST 3RD AVE 3 Hazardous condition, other 1/4/2023 230104-CFA00013 00:05:16 ALTA AVE MISSION ST 2 Hazardous condition, other 1/4/2023 230104-CFA00014 00:03:17 JUNIPERO AVE 7TH AVE 3 Hazardous condition, other 1/4/2023 230104-CFA00015 00:05:56 TORRES ST 1ST AVE 2 Hazardous condition, other 1/4/2023 230104-CFA00018 00:04:15 N CAMINO REAL 2ND AVE 2 Hazardous condition, other 1/5/2023 230105-CFA00025 00:06:46 2ND AVE N CASANOVA ST 3 Hazardous condition, other 1/7/2023 230107-CFA00040 00:02:20 OCEAN AVE MISSION ST 3 Hazardous condition, other 1/7/2023 230107-CFA00042 00:02:58 SAN CARLOS ST 12TH AVE 3 Hazardous condition, other 1/7/2023 230107-CFA00043 00:01:12 OCEAN AVE LINCOLN ST 3 Hazardous condition, other 1/7/2023 230107-CFA00045 00:04:41 6TH AVE CARPENTER ST 3 Hazardous condition, other 1/9/2023 230109-CFA00053 00:05:28 CARPENTER ST 6TH AVE 3 Hazardous condition, other 1/9/2023 230109-CFA00056 00:03:39 CASANOVA ST 10TH AVE 3 Hazardous condition, other 1/10/2023 230110-CFA00063 00:05:04 SANTA FE ST 4TH AVE 3 Hazardous condition, other 1/10/2023 230110-CFA00065 00:03:38 CARPENTER ST 5TH AVE 3 Hazardous condition, other 1/11/2023 230111-CFA00074 00:03:53 GUADALUPE ST 3RD AVE 2 Hazardous condition, other 1/13/2023 230113-CFA00086 00:03:46 4TH AVE SANTA FE ST 3 Hazardous condition, other 1/14/2023 230114-CFA00088 00:03:54 SANTA FE ST S MOUNTAIN VIEW AVE 3 Hazardous condition, other 1/14/2023 230114-CFA00089 00:03:03 SAN ANTONIO AVE 9TH AVE 3 Hazardous condition, other 1/15/2023 230115-CFA00096 00:04:35 MISSION ST 13TH AVE 3 Hazardous condition, other 1/15/2023 230115-CFA00097 00:02:49 CARMELO ST SANTA LUCIA AVE 3 Hazardous condition, other 1/16/2023 230116-CFA00105 00:03:25 SANTA RITA ST 5TH AVE 3 Hazardous condition, other 1/17/2023 230117-CFA00107 00:03:41 SAN CARLOS ST 13TH AVE 3 Hazardous condition, other 1/17/2023 230117-CFA00109 00:04:12 CARPENTER ST 2ND AVE 3 Hazardous condition, other 1/18/2023 230118-CFA00114 00:03:29 4TH AVE CASANOVA ST 3 Hazardous condition, other 1/26/2023 230126-CFA00158 00:03:34 SANTA FE ST 3RD AVE 2 Hazardous condition, other 1/30/2023 230130-CFA00174 00:04:11 MONTE VERDE ST 13TH AVE 2 23 01 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
27 0:03:53
500 & 600 Series (Service Calls)
Assist invalid 1/10/2023 230110-CFA00068 00:01:57 JUNIPERO AVE / 6TH AVE 6TH AVE 3 Assist invalid 1/11/2023 230111-CFA00077 00:03:28 SANTA FE ST / 3RD AVE 3RD AVE 2 Assist invalid 1/16/2023 230116-CFA00103 00:02:42 3RD AVE / SANTA FE ST SANTA FE ST 3 Assist invalid 1/18/2023 230118-CFA00112 00:04:19 3RD AVE / SANTA FE ST SANTA FE ST 2 5 0:03:22
700 Series (False Alarms)
Alarm system activation, no fire - unintentional 1/3/2023 230103-CFA00008 00:03:11 DOLORES ST / 10TH AVE 10TH AVE 3 1 0:03:11
Code 2 Calls 8
Code 3 Calls 68
76 96%
Total Average Response Time 0:03:13
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
230105-CFA00026 Did not hit the on scene button
230109-CFA00053 Delayed due to weather
230110-CFA00063 Delayed due to weather
23 01 CFA Activity Report.xlsx 3
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority

CARMEL HIGHLAND
EMS call, exluding vehicle accident with injury 1/26/2023 230126-CFA00157 00:12:44 139 BOYD WAY 3 EMS call, exluding vehicle accident with injury 1/5/2023 230105-CFA00033 00:09:31 138 CARMEL RIVIERA DR 3 EMS call, exluding vehicle accident with injury 1/19/2023 230119-CFA00121 00:11:00 131 CYPRESS WAY 3 EMS call, exluding vehicle accident with injury 1/28/2023 230128-CFA00163 00:13:03 115 YANKEE POINT DR 3 4 0:11:34

CYPRESS
Fire, other 1/14/2023 230104-CFA00024 00:07:47 26435 SCENIC RD 3 Alarm system activation, no fire - unintentional 1/22/2023 230122-CFA00134 00:04:47 25800 HATTON RD 3 Assist invalid 1/9/2023 230109-CFA00058 00:04:54 26408 MISSION FIELDS RD 3 Assist invalid 1/8/2023 230108-CFA00052 00:04:11 24558 PORTOLA RD 3 Assist invalid 1/4/2023 230104-CFA00021 00:04:24 FLANDERS WAY VIZCAINO 2 EMS call, exluding vehicle accident with injury 1/7/2023 230107-CFA00038 00:06:11 24583 GUADALUPE ST 3 EMS call, exluding vehicle accident with injury 1/9/2023 230109-CFA00054 00:06:18 26521 WILLOW PL 3 EMS call, exluding vehicle accident with injury 1/13/2023 230113-CFA00087 00:05:56 25815 RIO VISTA DR 3 EMS call, exluding vehicle accident with injury 1/4/2023 230104-CFA00017 00:03:54 CARMEL VALLEY RD CARMEL RANCHO BLVD 3 EMS call, exluding vehicle accident with injury 1/12/2023 230112-CFA00082 00:05:43 555 CARMEL RANCHO BLVD SHOPPING CENTER 3 EMS call, exluding vehicle accident with injury 1/27/2023 230127-CFA00160 00:07:16 3771 RIO RD 3 EMS call, exluding vehicle accident with injury 1/25/2023 230125-CFA00152 00:04:32 3476 3RD AVE 3 EMS call, exluding vehicle accident with injury 1/19/2023 230119-CFA00116 00:06:16 26378 CARMEL RANCHO BLVD 3 EMS call, exluding vehicle accident with injury 1/17/2023 230117-CFA00108 00:06:13 26245 CARMEL RANCHO BLVD 3 EMS call, exluding vehicle accident with injury 1/12/2023 230112-CFA00081 00:07:01 24520 OUTLOOK DR 3 EMS call, exluding vehicle accident with injury 1/6/2023 230106-CFA00035 00:08:01 26245 CARMEL RANCHO BLVD 3 EMS call, exluding vehicle accident with injury 1/14/2023 230114-CFA00091 00:03:17 26245 CARMEL RANCHO BLVD 3 EMS call, exluding vehicle accident with injury 1/11/2023 230111-CFA00073 00:06:33 26245 CARMEL RANCHO BLVD 3 EMS call, exluding vehicle accident with injury 1/10/2023 230110-CFA00071 00:05:08 6 CROSSROADS MALL 3 EMS call, exluding vehicle accident with injury 1/10/2023 230110-CFA00066 00:04:30 24646 GUADALUPE ST 3 EMS call, exluding vehicle accident with injury 1/8/2023 230108-CFA00051 00:06:55 3050 RIBERA RD 3 EMS call, exluding vehicle accident with injury 1/5/2023 230105-CFA00034 00:05:35 3645 RIO RD 3 EMS call, exluding vehicle accident with injury 1/30/2023 230130-CFA00175 00:06:36 AGUAJITO RD HOLMAN HWY 3 EMS call, exluding vehicle accident with injury 1/29/2023 230129-CFA00170 00:03:53 25123 N CARMEL HILLS DR 3 EMS call, exluding vehicle accident with injury 1/29/2023 230129-CFA00171 00:06:44 3850 RIO RD 3 EMS call, exluding vehicle accident with injury 1/25/2023 230125-CFA00155 00:06:22 3790 WHITMAN CIR 3 EMS call, exluding vehicle accident with injury 1/23/2023 230123-CFA00141 00:08:02 67 HACIENDA CARMEL 3 EMS call, exluding vehicle accident with injury 1/23/2023 230123-CFA00140 00:07:01 3850 RIO RD 3 EMS call, exluding vehicle accident with injury 1/23/2023 230123-CFA00138 00:07:51 4060 ARROYO TRL 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 01/01/2023 To: 01/31/2023
23 01 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
CYPRESS cont.

EMS call, exluding vehicle accident with injury 1/23/2023 230123-CFA00137 00:06:33 4000 RIO RD 3 EMS call, exluding vehicle accident with injury 1/22/2023 230122-CFA00132 00:06:52 26360 MISSION FIELDS RD 3 EMS call, exluding vehicle accident with injury 1/21/2023 230121-CFA00130 00:05:54 3305 RIO RD 2 EMS call, exluding vehicle accident with injury 1/20/2023 230120-CFA00125 00:06:07 3850 RIO RD 3 EMS call, exluding vehicle accident with injury 1/20/2023 230120-CFA00124 00:06:18 4380 CARMEL VALLEY RD 3 EMS call, exluding vehicle accident with injury 1/19/2023 230119-CFA00122 00:07:03 4120 TOLANDO TRL 3 EMS call, exluding vehicle accident with injury 1/19/2023 230119-CFA00117 00:06:44 ATHERTON DR / TREVIS WAY 3 EMS call, exluding vehicle accident with injury 1/18/2023 230118-CFA00113 00:04:52 26388 CARMEL RANCHO LN 3 EMS call, exluding vehicle accident with injury 1/16/2023 230116-CFA00102 00:06:45 3815 WHITMAN CIR 3 EMS call, exluding vehicle accident with injury 1/15/2023 230115-CFA00099 00:05:00 3161 SYCAMORE PLACE 3 EMS call, exluding vehicle accident with injury 1/5/2023 230105-CFA00032 00:09:09 4120 TOLANDO TRL 3 Motor vehicle accident with injuries 1/25/2023 230109-CFA00055 00:10:13 HWY 1 POINT LOBOS STATE RESERVE 3 Motor vehicle accident with no injuries. 1/25/2023 230112-CFA00085 00:07:17 HWY 68 SFB MORSE DR 3 42 0:06:12

MONTEREY
Cover assignment, standby, moveup 1/24/2023 230124-CFA00149 0:00:29 SOLEDAD AND MUNRUS 3 Cover assignment, standby, moveup 1/23/2023 221228-CFA01760 00:02:00 SOLEDAD AND MUNRUS 2 Cover assignment, standby, moveup 1/12/2023 230112-CFA00084 00:00:18 HWY 1 CANYON DEL REY BLVD 2 EMS call, exluding vehicle accident with injury 1/20/2023 230120-CFA00123 00:10:11 PACIFIC ST VIA BUENA VISTA 3 EMS call, exluding vehicle accident with injury 1/5/2023 230105-CFA00027 00:09:59 200 IRIS CANYON RD 3 EMS call, exluding vehicle accident with injury 1/5/2023 230105-CFA00030 00:05:11 1 SURF WAY 3 EMS call, exluding vehicle accident with injury 1/12/2023 230112-CFA00080 00:09:02 666 CASANOVA AVE 3 EMS call, exluding vehicle accident with injury 1/10/2023 230110-CFA00064 00:10:17 1110 CASS ST 2 EMS call, exluding vehicle accident with injury 1/2/2023 230102-CFA00005 00:08:51 1575 SKYLINE DR 3 EMS call, exluding vehicle accident with injury 1/27/2023 230127-CFA00161 00:08:10 CAMINO EL ESTERO E FRANKLIN ST 3 EMS call, exluding vehicle accident with injury 1/14/2023 230114-CFA00095 00:06:48 200 IRIS CANYON RD 3 EMS call, exluding vehicle accident with injury 1/10/2023 230110-CFA00069 00:17:55 2 UPPER RAGSDALE DR 2 12 0:07:26

PACIFIC GROVE
EMS call, exluding vehicle accident with injury 1/3/2023 230103-CFA00007 00:12:35 PINE AVE ALDER ST 3 EMS call, exluding vehicle accident with injury 1/7/2023 230107-CFA00041 00:11:15 200 LIGHTHOUSE AVE 3 EMS call, exluding vehicle accident with injury 1/24/2023 230124-CFA00148 00:11:35 1003 SHELL AVE 3 3 0:11:48

PEBBLE BEACH
EMS call, exluding vehicle accident with injury 1/21/2023 230121-CFA00131 00:07:02 1500 CYPRESS DR 3 EMS call, exluding vehicle accident with injury 1/11/2023 230111-CFA00076 00:11:11 SUNSET POINT 3 EMS call, exluding vehicle accident with injury 1/9/2023 230109-CFA00061 00:18:00 109 9TH ST 2 EMS call, exluding vehicle accident with injury 1/11/2023 230111-CFA00072 00:09:25 3152 FOREST LAKE RD 3 EMS call, exluding vehicle accident with injury 1/14/2023 230114-CFA00094 00:09:55 1544 VISCAINO RD 3 EMS call, exluding vehicle accident with injury 1/9/2023 230109-CFA00059 00:07:01 3215 LIVE OAK MEADOWS RD 3 Motor vehicle accident with no injuries. 1/11/2023 230111-CFA00075 00:09:25 PORTOLA RD SOMBRIA LN 3 Search for person in water 1/28/2023 230128-CFA00164 00:09:11 SEVENTEEN MILE DR SIGNAL HILL RD 3 8 0:10:09
23 01 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority

SEASIDE
Cover assignment, standby, moveup 1/31/2023 230131-CFA00179 00:04:14 HWY 1 CANYON DEL REY BLVD 2 Cover assignment, standby, moveup 1/31/2023 230131-CFA00181 00:01:30 HWY 1 CANYON DEL REY BLVD 2 Cover assignment, standby, moveup 1/5/2023 221228-CFA01760 00:01:00 DEL MONTE AVE CANYON DEL REY BLVD 2 EMS call, excluding vehicle accident with injury 1/8/2023 230108-CFA00050 00:11:09 1418 SAN PABLO AVE 3 4 0:04:28
Code 2 Calls 10
Code 3 Calls 63
73 Total Average Response Time 0:08:36
Total # of Incidents
23 01 CFA Activity Report.xlsx 3
Type of Call Number Average Response Time
Fire 1 0:00
EMS 33 3:04
Rescue 5 2:09
Hazardous Condition 30 3:51
Service Calls 44 3:46
Severe Weather 2 0:00
False Call 5 3:25
Total Responses 120 2:19
Total Code 3 Calls: 90
Response Times for Code 3
Calls ≤ 5 minutes: 99%

CARMEL-BY-THE-SEA
JANUARY 2023
Response Summary Report by Incident Type
Fire
1%
EMS
27%
Rescue
4%
Hazardous Condition
25%
Service Calls
37%
Severe
Weather
2%
False Call
4%
Fire
EMS
Rescue
Hazardous Condition
Service Calls
Severe Weather
False Call
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\Carmel Monthly Response Report\23 01 Carmel Fire Response Summary.xlsx 2/2/2023 District Response Number Average Response Time
Carmel-By-The-Sea 76 3:13
Carmel Highlands 4 11:34
Cypress Fire Protection 42 6:12
Monterey 12 7:26
Pacific Grove 3 11:48
Pebble Beach 8 10:09
Seaside 4 4:28
Mid Coast 0 0:00
Marina 0 0:00
Total Responses 149 7:50
Total Code 3 Calls: 68
CFA Response Times for Code 3
Calls ≤ 5 minutes: 96%

CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
JANUARY 2023
Response Summary Report by District Type
Carmel-By-The-Sea
51%
Carmel Highlands
3%
Cypress Fire Protection
28%
Monterey
8%
Pacific Grove
2%
Pebble Beach
5%
Seaside
3%
Mid Coast
0% Marina
0%
Carmel-By-The-Sea
Carmel Highlands
Cypress Fire Protection
Monterey
Pacific Grove
Pebble Beach
Seaside
Mid Coast
Marina
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\CFA Reports\23 01 CFA Response Summary.xlsx 2/6/2023 Request No.

Request Date &
Received By
10-Day Due
Date
14-Day
Ext. Date Requestor Info Requested Status Date & PSO Mailed 2023-0001 01/03/2023 JK 1/13/2023 John Tobin CA2200551 completed released at front counter 2023-0002 01/02/2023 JK 1/13/2023 Masuda Rahmati CC2200585; homeowners info completed awaiting release at front counter 2023-0003
1/3/2023 mw 1/13/2023 State Dept of Real
Estate
CG2100113 Completed/
redacted/Certified 01/03/2023 - Mailed
2023-0004 1/6/23 DA 1/16/2023 Midwest Insurance CG2300003 denied-email sent 1/6 emailed 2023-0005 1/9/2023 1/19/2023 Kristin Torrice CG2300016 completed awaiting to be released 2023-0006 01/04/2023 JD 1/14/2023 Deborah Lemmon CA2300015 denied referred to fire dept 2023-0007 1/12/2023 1/22/2023 1/26/2023 Michelle Bacon CG1700685 completed sent to da's office 2023-0008 1/13/2023 1/23/2023 1/27/2023 LexisNexis CA2200526 completed mailed by DA 2023-0009 1/13/2023 1/23/2023 1/27/2023 LexisNexis 9730 completed, no record found mailed by DA
2023-0010 1/13/2023 1/23/2023 1/23/2023 Lang, Stephen CA2300020 completed mailed by DA 2023-0011 1/19/2023 29-Jan Shelley Moreo CA2300019 completed awaiting release at front counter
2023-0012 1/20/2023 30-Jan Sergio Mora CA2200525 completed released at front counter 2023-0013 1/23/2023 2-Feb 2/6/2023 Vicuna, Sophia CA2300031 called referred Crashdocs.org 2023-0014 1/26/2023 6-Feb Stamenov, Robbin CG2200056 completed awaiting pickup 2023-0015 1/27/2023 7-Feb Christensen, Brian CG2200509 denied email sent under investigation w/DA
2023-0016 1/29/2023 8-Feb 2/12/2023 Robinson, Janice CG2300007 completed emailed report 2023-0017 1/30/2023 9-Feb 2/13/2023 Montana, Carol CA2300041 report not ready requestor advised POLICE RECORDS REQUEST LOG - JANUARY 2023
Attachment 3
request
number
Date
Requested
10-day
response date records requested requestor date completed notes 2023-01 1/3/2023 1/13/2023 The employment contract with the Police Chief of Carmel-by-the-Sea
The Institute for
Sunshine Law and
Open Data 1/6/2023 record sent
2023-02 1/3/2023 1/13/2023
request for business license information on all
businesses that have applied for business
licenses within the City of Carmel within the
past 6 months including the type of business,
owner.

Jeannette Witten,
Hudson Martin PC 1/9/2023 records sent
2023-03 1/9/2023 1/19/2023 sump pump permit or any building permits for Guadalupe 3 SW of 2nd Ave Adelina Harold 1/10/2023 sent link to records online 2023-04 1/17/2023 1/27/2023
current employee contact info including Name,
position, Dept., phone # with extension,
business cell (if provided by Carmel), email and
office address. This request is limited to readily
available records without physically copying,
scanning, or printing paper documents
Keana Mendez,
Smart Procure 1/27/2023 response sent
2023-05 1/17/2023 1/27/2023
all permits issued and requested for the
property located at Lincoln St. 2 NW of 9th Ave,
Block 94 Lot 17 (APN 010-193-006-000) inclduing
building permits, construction, tree
removal/replacement/inspection, shrub
planting, for the timeframe of 1999 to present
David Hutchings 1/26/2023 sent records 1/26/2023
2023-06 1/17/2023 1/27/2023
The agenda packet (including staff reports,
resos, etc.), and minutes, for the "Carmel
Design Review Board” from their meeting held
on or about March 26, 2009. The Carmel Design
Review Board may have been known as the
Planning Commission
David Hutchings 1/20/2023 records sent
2023-07 1/18/2023 1/30/2023 all property files for "5th and Dolores SE Corner" Don Goodhue 1/18/2023 records sent (available online) 2023-08 1/18/2023 1/30/2023 all property files for "7th and Dolores SE corner" Don Goodhue 1/20/2023 online records link sent, sent
msg to schedule appt. with
CPB to view physical files that
aren't scanned yet
2023-09 1/12/2023 1/13/2023
all building/property files for the following
property: SW Corner of Carmelo and 10th, APN
010-278-001
Madison Basham 1/13/2023 link to online records sent
2023-10 1/18/2023 1/30/2023
Del Dono Project files (DR 16-032 Leidig-Draper)
PC meeting packets/minutes for 3-9-16 and 7-
13-16, Del Dono Project II DR 17-482 (LeidigDraper), PC meeting packets/minutes/video for 1-10-18, 5-9-18.

David O'Neil 1/20/2023 sent records
2023-11 1/18/2023 1/30/2023
Parcel 010241002000 (Home of Li Kasey K &
Orida Carolyn K TRS) - Any PC agenda
packets/minutes/video related to the 11/25/19
permit granted - 12/22/21 final approval.

David O'Neil 2/16/2023
no records found, sent
clarifying question to
requester on 2/16/2023.
requester said he found the
records online (city's GIS).
2023-12 1/18/2023 1/30/2023
building permits and hazmat documents re:

APN: 010-134-012
Near Dolores St. and Ocean Ave.

Carmel, CA 93923
Travis Stansbery 1/18/2023 link to online records sent
2023-13 1/26/2023 2/6/2023 property files for NW corner or 12th and Cassanova
David O'Neil 1/26/203 sent link to online records

CITY CLERK
PUBLIC RECORDS ACT REQUEST LOG - JANUARY, 2023
Attachment 3
2023-14 1/30/2023 2/9/2023
Invoice records for the months of October,
November & December 2022 for The Telecom
Law Firm & the Best Best & Krieger Law Firm
Mike McWalters 2/22/2023
deadline extended deadline to
2/23/2023. Sent email that
legal bills and invoices from
these law firms are exempt
from disclosure pursuant to
Government Code Section
7927.705 and the attorneyclient and the attorney work
product privileges.

Attachment 3

CITY OF CARMEL-BY-THE-SEA
Monthly Report
Public Works Department
January 2023
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: February 1, 2023
APPROVED BY: Chip Rerig, City Administrator

City Council Meeting of January 10, 2023
• Adopted Resolution 2023-002, awarding a Professional Services Agreement to Jayson Architecture to prepare the Libraries Master Plan for a fee not-to-exceed $55,000. • Adopted Resolution 2023-004, awarding a Professional Services Agreement to BKF Engineers for the Concrete Streets Repair Project, with the modification to remove the proposed bicycle pathway along Ocean Avenue, between Monte Verde and San Carlos, and reduce the fee accordingly. • Denied the Rotary Club of Carmel’s request to install up to two, wooden Rotary International signs at the entrances of the City on Carpenter Street and Rio Road.

Forest and Beach Commission Meeting of January 12, 2023 • Approved removal of two dying Monterey pines at Vizcaino Avenue, 11 southeast of Eleventh Avenue, and required replanting of two trees or pay the in-lieu fee of $800 per tree. • The Public Works Director presented highlights of the Public Works Department activities in 2022, emphasizing how all five operating divisions of the department support the quality, conditions, and sustainability of the urban forest, parks, beach, and open spaces. • Presented the Forester’s reports for December 2022. Report included final data for 2022 as follows:

Private trees: approved removal of 168, required replanting of 90, and processed 180 permits. Public trees: pruned 675, removed 135, and planted 45.

City Council Workshop for Strategic Planning of January 31, 2023 • Supported Council discussions regarding: fire risk reduction strategies, forest management plan update, stormwater ordinance update, oversight of volunteer groups, beautification efforts, facilities master planning, undergrounding utilities, and the Scout House project.

Administration
• Accepted the resignations of Environmental Compliance Manager Agnes Martelet, effective February 7th, and City Forester Sara Davis, effective February 15th. • Project Manager candidate cleared the background check and is scheduled to start on February 16th. • Coordinated storm response and recovery operations during the atmospheric river storm event lasting nearly 17 days. Began to compile documentation for state disaster relief funds. • Updated the Council Strategic Priorities spreadsheet for the January 31st Workshop. • Presented the San Carlos Median Islands, Bike Route, and Paving Project at the 2nd Public Workshop at Sunset Center on January 26th.
• Posted a new webpage with links to 27 different volunteer organizations that provide a broad range of community, environmental, and/or social services that enhance the well-being of our residents.

Attachment 4
Public Works Department Report – January 2023
• Requested additional requirements for the Operations and Maintenance Agreement, prepared by the City Attorney’s office, for the upcoming Request for Proposal (RFP) for the Scout House, particularly as it relates to the renovation portion of the proposed services. • Prepared proposed Mid-Year Budget adjustments for the Public Works operating budget.

Carmel Cares
• Held the first “Summit” meeting where the combined Carmel Cares and Public Works team reviewed the City’s active capital improvement projects and key Public Works activities, and Carmel Cares’ ongoing task list and proposed projects. Will seek opportunities for Carmel Cares to provide certain professional services during staff vacancies and to increase efforts on facility-oriented projects. • Staff met with new Carmel Cares Communications Director, David O’Neil, to review opportunities for messaging their partnership with Public Works with the goal of attracting more volunteers and donations supporting City projects.
• Following the storms, continued to maintain the Scenic Pathway, Forest Theater grounds, and various landscaped medians, and the Downtown Detail continued to make downtown beautification improvements.
• Carmel Cares purchased and stocked pink Mutt Mitts along the Scenic Pathway with the expectation that more pet owners will pick up after their pets with the brightly-colored Mutt Mitts.

Environmental Programs
• Received minor comments from the California Water Quality Control Board regarding proposed, updated Stormwater Ordinances CMC Sections 17.42, Stormwater Quality, and 17.43, Water Quality Protection. Comments still pending from the Coastal Commission. • Continued to coordinate with EMC, Integral Consultants, and Haro Kashunich for preliminary tasks associated with the Coastal Engineering Study – a key Climate Adaptation Project. • Met with PG&E to initiate the design by both PG&E and an electrical engineering consultant to be retained by the City, for EV charging stations along the southern row of the Vista Lobos Parking Lot. • Prepared staff reports for the February 8th Planning Commission meeting for Coastal Development Permits for the MTNP 3 Drainage Projects and MTNP Well Abandonment and Tank Removal Projects. • Executed a $5,000 CalRecycle Grant
• Trained Library staff on stormwater quality regulations. • Began planning for Earth Day to be held in April.

Facility Maintenance
• For Storm Recovery: investigated 19 roof leaks, repaired four, contracted to repair most, and in the process of obtaining quotes for the most-costly leaks. Will also need to replace tiles on the Harrison Memorial Library (HML) roof. Also, pressure-washed out several clogged drains. • Immediately upon receipt of a Corrections Notice by the Building Official, retained an electrical contractor to reconstruct the electrical switches in the back of the Garage with a new, waterproof switches. Also met with a structural engineer to evaluate the condition of the combined Police/Public Works building and recommend repairs to maintain the structural integrity of the facility. • Under the Central California Energy Watch program, coordinated with a PG&E contractor to replace four old, gas-fired water heaters with energy-efficient, electric heat pump water heaters, at no cost to the City, in City Hall, Fire Station, HML, and Public Works. • Investigated and repaired broken pipes causing a leak under the kitchenette in the Park Branch Library. Also coordinated with a disaster mitigation vendor to replace wet drywall and ensure no mold. • Packed up, moved out old furniture, and began preparations for paneling removal, drywall replacement, and painting to renovate the Public Works front office prior to delivery of refurbished furniture to match existing lobby furniture and house one additional employee in the front office. • Removed holiday decorations in Devendorf Park and along Ocean Avenue. • Coordinated with a plumber to video a broken drain pipe in the Vista Lobos parking lot.

Attachment 4
Public Works Department Report – January 2023
Forest Theater
Quarterly Report for October 1 through December 31, 2022 is summarized as follows:

Thirty-four (34) performances were held for nine (9) productions: Pacific Repertory Theatre (Pac Rep):

The School for Lies, Pac Rep: Remembering Olympia, Carmel Rotary, Music in the Forest (Stephen Vagnini), Carmel Library Foundation: Bohemian Soul, Pac Rep: Celebrating the Beatles, Pac Rep:

Rudolph, School of Dramatic Arts fall semester, and Pac Rep: A Christmas Carol.

The total combined attendance at these events was 5,009. Pac Rep will provide $2,888 as revenue to the City for ticket user fees. The next performance will be on March 31st.

Project Management for Capital Improvement Program
Wallace Group Projects:
• For the Concrete Streets Repair Project, revised the Professional Services Agreement with BKF Engineers, to eliminate the previously-proposed bike pathway along Ocean Avenue, reducing the fee by $25,000. Held a design kickoff meeting with BKF.
• For the MTNP well abandonment and water tank removal project, supported environmental review documentation, completed 90% level plans and specifications, and will support the Coastal Development Permit application to the Planning Commission in February. • The results of the Storm Drain Master Plan Update, by Schaaf & Wheeler Consulting Engineers, will be presented to staff on February 1st. Neill Engineers began work on drainage repair plans.

Ausonio, Inc. Projects:
• For the City Hall Retaining Wall Repair Project, the project’s structural design was significantly revised, based on the required geotechnical evaluation, and back checked. The building plan check process was approved, and the project will be ready to advertise for bids in early February. • The first Facility Condition Assessment Report, prepared by Bureau Veritas for City Hall, was submitted for review. Key recommendations include replacing the fire alarm panel and both sets of front doors, and updating lighting controls.
• For the combined City Hall Roof Replacement, HML Exterior/Interior Painting and Generator, Sunset Center Exterior Painting, and Cottage Windows Repairs Projects, Amendment No. 1 was prepared to the $24,999 Professional Services Agreement with Ten Over Studios for on-call architectural services.

The $78,900 Amendment covers design plans through construction support services. While work commenced under the original Agreement authorization, the Amendment is scheduled for approval at the February 7th Council meeting.
4 Leaf Projects:
• For the Police Building Project, the Project Team met several times with the Ad Hoc Committee comprised of Mayor Potter and Councilmember Baron. The Team toured the Police/Public Works facility and noted safety and code concerns and Police operational deficiencies. A recommendation from the Ad Hoc Committee to the full Council, scheduled for February 7th, is anticipated to recommend issuing an RFP to hire an architectural firm, with police building expertise, to perform an evaluation of the issues and provide cost estimates.

Additional CIP Projects:
• For the ADA Upgrades Project, Year 5, quotes were received and approved for fabrication and installation of ADA-compliant railings in front of the HML library and in Piccadilly Park. This work complements other ADA upgrades performed this fiscal year including an ADA fountain in the Park Branch Library, restoring the ADA call button at HML, and lowering the emergency phone in Forest Hill Park.

Attachment 4
Public Works Department Report – January 2023
• Executed a $24,999 Professional Services Agreement with Haro Kashunich and Associates for oncall, as-needed geotechnical engineering services.

Street Maintenance
• During and following the storms, Street Maintenance crews:
o Supported Police, Fire, and PG&E crews with barricades and street closures, sometimes 24/7 o Provided detour signs during a one-day shutdown of Highway 1, south of Carpenter o Closed down the beach access stairs and posted warning signs along the beachfront o Closed off the MTNP, and later reopened it to pedestrians only o Closed down the pathway on the west side of San Antonio, north of Fourth Avenue o Placed and maintained a pile of sand and sandbags at Vista Lobos parking lot o Cleared out drainage inlets on an ongoing basis
o Restored the Serra Trail, including placing rock gabions o Repaired fallen traffic signs and damaged fencing
o Repaired a sinkhole which damaged a portion of split rail fencing along the Fourth Avenue Pathway
• Prepared a staff report for the February 7th City Council meeting to declare six (6) City vehicles as surplus and authorize their sale at a public auction with an estimated total value of $27,000. • Posted signage for the Pebble Beach AT&T Pro Am Tournament.

Forestry Parks and Beach Report (Forester’s Report)
• Forty (40) trees completely failed during the storm, and 44 trees had large broken limbs. Twenty (20) of the 88 incidents required the assistance of PG&E.
• Storm Recovery work included hiring John Ley’s Tree Service and Tope’s Tree Service for emergency tree removals and tree debris hauling. New Purchase Orders, valued up to $90,000, will be requested for Council approval at their February 7th meeting.
• Davey Resource Group, the consultant who is preparing the Urban Forest Master Plan, is beginning to collect inventory data.
• Due to the storms, the application process has been delayed for additional Steering Committee members to supplement the Forest and Beach Commission for oversight of the Urban Forest Master Plan development.
• The On-Call Tree Care Services Contract was advertised for bids. Due to the storms, the Pre-Bid Meeting was re-scheduled from January 10th and held on the 24th. The Bid Opening is scheduled for February 14th. These contracts include the option for the City to retain a qualified consulting arborist, via a Task Order Process, as well as to perform tree planting, watering, pruning, removal, and stump grinding services.
• Justin Ono of Ono Consulting may be retained to provide arborist services until the on-call tree contracts are awarded and a task order is issued for a consulting arborist, or the next Forester is hired. The position will be posted by the City imminently and advertised extensively. • Coordinated with Leadership Carmel regarding their proposed project(s) in Devendorf and/or Forest Hill Parks, which will be presented at the February 9th Forest & Beach Commission meeting. • Received a quote for $6,650 for replacement of rusted components of the playground structure at Forest Hill Park.

Attachment 4
Public Works Department Report – January 2023

. Private and Development Activities
2023 Permitted Removals and Required Planting
Removals Plant
Upper
Plant
Lower
No room
for New
Tree
Meets Density
Recommendation
Total Number of
Trees Required
January 1 1 0 0 0 0
February
March
April
May
June
July
August
September
October
November
December
2023 Totals 1 1 0 0 0 0

Historic Permitted Removals and Required Planting
Attachment 4
Public Works Department Report – January 2023

City Forestry, Parks, and Beach Activities

0 10
20 30
40 50
60 70
80 90
2013 2014 2017 2018 2019 2020 2021 2022 2023*
Required Replanting
Re-planting of upper Re-planting of lower * year do date 71 96 67
139 165 149 176 165 132 159
88 135
1 207
256
556 425
163
107
187
115 101
96 675
5 74
75 38
40 105
113
66 72
59 62
55 45
0 0
100
200
300
400
500
600
700
800
900
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023* City Performed Tree Work Year by Year Comparison
Removal Prunning Planting * year to date
Attachment 4
Public Works Department Report – January 2023
2 1 1 10 4 1 1 4
84 36 36 43 60 47 42 40
58 35 35 30 22
118
8 9 5 5 2 5 17
18 8 10 5 4
9 12 9 15 14 17 20 17
33 16 11 12
28 5 4 0 6 3
3 3 0 3
2 1
1 0 0 2
3 0 0 0
0 1
105
164
218
185
137
135
324
0 100
200
300
400
500
600
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec January 2023
Task Count
Month
Administrative and Field Tasks
Failures Inspection Plan reviews
Permit intake Site Assessments Stop work orders
Fresh Desk Tickets Resolved*
*Fresh Desk ticketing
began with the fiscal year
Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
March 7, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: January 2023 Check Register Summary
RECOMMENDATION:

Approve the check register for January 2023.

BACKGROUND/SUMMARY:

The check register is produced from the City's financial system. The report groups the checks by the respective department or function. The check register includes the check number, the name of the vendor, a description of the purchase, the check issue date and the amount of the check.

Per the California Supreme Court's decision in the case of Los Angeles County Board of Supervisors v.

Superior Court (Dec. 29, 2016) (2016 WL 7473802), the check register excludes the specific invoice payments for legal services incurred for pending and active investigations, pending and active litigation, as well as recently concluded matters. The Supreme Court has ruled that these specific invoices are protected under attorney-client privilege and need not be disclosed under the Public Records Act.

On the last page of the report, staff have included the contract balance for the respective vendors that were paid in January 2023.

FISCAL IMPACT:

The check register summary for January 2023 totals $625,778.16.

PRIOR CITY COUNCIL ACTION:

Council ratified the December 2022 check register its February 7, 2023, regular meeting.

ATTACHMENTS:

Attachment 1) January 2023 Check Register
January 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
50555 Division of the State Architect Disability Access & Educ Fee Quarterly Report Q4 2022 01/23/2023 44.40 Total for Department: 000 ___ 44.40
Department: 110 City Council
50474 Peninsula Messenger LLC Mail service sorting and delivery 01/06/2023 4,560.00 Total for Department: 110 City Cou 4,560.00
Department: 111 City Administration
50471 City of Foster City Calopps Job Advertisements 01/06/2023 540.00 50472 Comcast Services 12-19-2022 to 01-18-2023 01/06/2023 73.32 50473 Jane Wilson SHRM and HRCI HR professional credentials 01/06/2023 350.00 50477 Verizon Wireless Services Nov 24 - Dec 23 01/06/2023 326.78 50478 Wageworks,Inc PMB Payments - DCFSA 2022 01/06/2023 223.22 50481 Alhambra Water service City Hall 01/13/2023 225.67 50483 Amazon Web Services Inc Data and cloud storage fees 01/13/2023 893.52 50484 AT&T Telephone service citywide 01/13/2023 2,995.20 50490 Carmel Pine Cone Legal noticing 01/13/2023 1,042.50 50493 Code Publishing Company Municipal code updates, electronic, web and paper 01/13/2023 102.75 50498 Digital Deployment Website support agreement:Maint, training, security and updates 01/13/2023 700.00 50499 Diversified Management Group Job Accomodation Services 01/13/2023 425.50 50505 Hinderliter, De Llamas & Associates Sales/transactions tax auditing services 01/13/2023 4,800.00 50506 Iron Mountain Records storage service 01/13/2023 225.69 50511 Minuteman Press Envelopes, stationary, business card and business license form 01/13/2023 621.03 50514 Office Depot, Inc. Office supplies - Finance and Admin 01/13/2023 448.95 50521 Robert Half Temporary payroll assistance services 01/13/2023 9,065.10 50524 SESAC - Music Performance License 01/13/2023 553.00 50526 Sprint Cell service fees, usage and purchases 01/13/2023 29.99 50529 T-Mobile Monthly cell service, usage and purchases 01/13/2023 1,468.02 50532 Universal Staffing Inc Temporary staffing services:Front desk, City Hall 01/13/2023 2,419.41 50534 US Bank Bruno's Market - Housing Ad Hoc Committee Lunch Meeting 01/13/2023 75.87 50537 Wageworks,Inc Healthcare monthly Admin and Compliance Fee 01/13/2023 190.00 50578 Carmel Pine Cone Legal noticing 01/30/2023 805.00 50582 Comcast City Hall business cable service 01/30/2023 73.45 50583 Comcast Business NonNGEN internet and recurring charges 01/30/2023 644.82 50584 Corbin Willits System MOM Financial system monthly fee 01/30/2023 720.79 50596 Municipal Resource Group, LLC Consulting services-Admin 01/30/2023 875.00 50599 Pitney Bowes Bank Inc Purchase Power Postage-meter refills 01/30/2023 40.94 50605 Toshiba Financial Service Copier use Business office 01/30/2023 373.06 50609 Verizon Wireless Cell phone usage and sales 01/30/2023 2,089.56 Total for Department: 111 City Adm 33,418.14
Department: 112 City Attorney
50488 Burke,Williams & Sorensen, LLP City Attorney services-General 01/13/2023 10,623.00 50574 Burke,Williams & Sorensen, LLP City Attorney services-General 01/30/2023 16,306.00 Total for Department: 112 City Att 26,929.00
Department: 115 Community Planning & Building
50480 Aaron Campbell Reimbursement: wiper blades for Ford Escape 01/13/2023 49.64 50491 Carmel Towing & Garage December Fuel 01/13/2023 80.31 50495 CSG Consultants, Inc. FY 22-23: Building Dept. - Plan Review Svcs. 01/13/2023 362.25 50496 De Lage Landen Financial FY 22-23: Planning Dept. - Financial Svcs. 01/13/2023 202.11 50502 Engineered Fire Systems FY 22-23: Fire Inspection Plan Reviews 01/13/2023 937.50 50503 FedEx FY 22-23: Planning Dept. - Shipping Fees, Volume Studies 01/13/2023 25.68 50514 Office Depot, Inc. CP&B Office Supplies 01/13/2023 145.90 50534 US Bank Ace Hardware - Scanning/Digitizing supplies 01/13/2023 36.40 50534 US Bank Monterey Co. Clerk-Recorder contract and copy fees 01/13/2023 341.50 Total for Department: 115 Commu 2,181.29
Department: 116 Police
50481 Alhambra Water service-PD 01/13/2023 254.04
50482 Altius Medical Medical/bio hazard waste disposal 01/13/2023 94.00 50491 Carmel Towing & Garage FY 22-23 Fuel charges PD 01/13/2023 3,399.98 50494 Comcast PD Cable services 01/13/2023 67.03
50497 Department of Justice/Accounting Office Fingerprinting services 01/13/2023 32.00 50522 Same Day Shred PD-Document shredding services 01/13/2023 45.00 50525 Sirchie Acquistions Co LLC-Dept #6481 PD Evidence and fingerprinting supplies 01/13/2023 253.13 50527 Surveillance Grid Intergration Inc Securtiy network monitoring services 01/13/2023 4,875.00 50528 T2 Systems Canada Inc. PD:Digital iris services 01/13/2023 75.00 50531 United Public Safety, Inc Ticketing Platform for PD:Hardware, software, tech support and d 01/13/2023 21.59 50534 US Bank South Bay Regoinal Public Safety Training Consortium - Basic Dispatch course 01/13/2023 969.00 50586 De Lage Landen Financial Police Dept copier lease 01/30/2023 161.70 Attachment 1
50595 Monterey Tire Service Inc PD-New tire purchase and installation 01/30/2023 37.66 50606 Transunion Risk & Alterna PD: Monthly fee for information services 01/30/2023 75.00 Total for Department: 116 Police 10,360.13
Department: 117 Fire
50481 Alhambra Water service Fire Dept 01/13/2023 208.52 50491 Carmel Towing & Garage Fire Dept gas expense 01/13/2023 599.44 50492 City Of Monterey FY 22-23 Fire Dept vehicle repairs 01/13/2023 240,257.32 50512 Mission Linen Service Fire Dept laundry service 01/13/2023 256.56 50585 Cypress Coast Ford/Lincoln Ambulance vehicle repairs 01/30/2023 455.86 50593 Mission Linen Service Fire Dept laundry service 01/30/2023 242.18 Total for Department: 117 Fire 242,019.88
Department: 118 Ambulance
50485 Bauer Compressors Annual PM service & repairs 1 Bauer compressor 01/13/2023 935.29 50487 Bound Tree Medical LLC Medical supplies 01/13/2023 1,365.91 50491 Carmel Towing & Garage Amb Dept gas expense 01/13/2023 1,389.38 50492 City Of Monterey FY 2022-23 Ambulance Administration fee 01/13/2023 1,996.96 50496 De Lage Landen Financial Ambulance copier lease 01/13/2023 71.01 50508 LogRx Annual subscription - Drug tracking software 01/13/2023 1,080.00 50517 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 01/13/2023 176.01 50540 Wittman Enterprises, LLC Ambulance billing service 01/13/2023 4,450.20 50609 Verizon Wireless Machine to machine activity 01/30/2023 1.84 Total for Department: 118 Ambula 11,466.60
Department: 119 Public Works
50486 Bear Saver Bear Saver Liners 01/13/2023 2,658.40
50504 Great Valley Holdings, LLC Pavers for City sidewalk at 5th Ave. 11/22/22 #90147 01/13/2023 4,480.40 50507 John Ley's Tree Service Tree work as directed by City Forester 01/13/2023 8,990.00 50514 Office Depot, Inc. PW/FM/Forestry - Office Supplies FY 2023 01/13/2023 188.89 50523 Scarborough Lumber & Building Supplies for Forestry Division 01/13/2023 157.22 50530 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 01/13/2023 828.75 50535 Valley Hills Nursery Plants for City sites #16HG1M9PRJNG 01/13/2023 320.79 50551 Applied Marine Sciences ASBS Watershed monitoring 01/23/2023 11,930.00 50552 California Fire Protection, Inc. Annual Fire Inspection extinguishers 01/23/2023 1,010.00 50553 Cintas Corp 2 (First Aid) Main Library 1st Aide Cabinets 12/16/22 #5137304372 01/23/2023 1,412.93 50554 Cintas Corporation PW Uniform Service 21/22 FY 01/23/2023 517.07 50556 Ennis-Flint Inc 2 gallons of thermoplastic primer 01/23/2023 357.35 50557 GCS Environmental Equipment Services Sweeper water pump 01/23/2023 367.55 50558 Gilbert Tomayo Reimbursement for Rain Gear 01/23/2023 196.60 50559 Hayward Lumber PW Streets - Supplies 01/23/2023 158.86 50560 Kelly-Moore Paint Company Inc Paint for FM at City facilities 01/23/2023 74.98 50561 Monterey Tire Service Inc 2 new tires for 2. 1/3/23 #1-110028 01/23/2023 322.32 50563 Pureserve Building Service Janitorial services 01/23/2023 21,141.35 50564 Quinn Company Inc New batteries for loader 01/23/2023 601.97 50565 Rubberway, Inc Rubber tree well material 01/23/2023 1,872.17 50566 Scarborough Lumber & Building PW Streets - Supplies 01/23/2023 325.86 50567 Sentry Alarm Systems Alarm monitoring for City buildings 01/23/2023 2,382.54 50569 Uline Inc. PW Streets - Safety Supplies 01/23/2023 420.57 50570 Ailing House Pest Control City Wide Pest Control 01/30/2023 584.00 50572 Assured Aggregates Company, Inc MTNP road repair 12/31/22 #54760 01/30/2023 1,574.53 50576 California Fire Protection, Inc. Annual Fire Inspection extinguishers 01/30/2023 195.00 50577 Carmel Glass Company Glass repair for City facilities 01/30/2023 165.00 50579 Carmel Towing & Garage PW Streets - Fuel for PW vehicles 01/30/2023 3,062.98 50580 Cintas Corporation PW Uniform Service 21/22 FY 01/30/2023 146.51 50581 City Of Monterey Install sweeper curtains. 12/21/22 #99419 01/30/2023 749.49 50589 John Ley's Tree Service Tree work as directed by City Forester 1/8/23 ##188 STORM 01/30/2023 1,111.00 50590 Layer 1 Networks Inc Cabeling at PW. 01/30/2023 3,901.33 50594 Monterey County Weekly Classifieds On Call Tree Service Notice-12/29/22 #31-072215 01/30/2023 341.25 50597 Napa Auto Parts PW Streets - Vehicle Supplies 01/30/2023 326.66 50600 Poe's Plumbing & Backflow Acacia Way - to clear drain. 1/25/23 #29121 01/30/2023 350.00 50602 Scarborough Lumber & Building PW Streets - Supplies 01/30/2023 68.90 50604 Tope's Tree Service Inc. Tree services citywide as directed by City Forester-STORM 2023 I 01/30/2023 19,402.50 50607 Tree Stuff Lockbox No 639707 Forestry safety equipment and supplies 01/30/2023 167.14 50608 US Bank Parking brake cable 01/30/2023 11.56
Total for Department: 119 Public W 92,874.42
Department: 120 Library
50516 Pacific Grove Self Storage Storage Unit - Document storage 01/13/2023 353.00 Total for Department: 120 Library 353.00
Department: 121 Community Activities
50592 Minuteman Press 500 business cards for A. Wright Library & Community Activities 01/30/2023 138.83 50603 The Christmas Light Pros Install & remove holiday tree lights 01/30/2023 6,250.00 Total for Department: 121 Commu 6,388.83
Attachment 1
Department: 122 Economic Revitalization
50513 Monterey County Convention & Visitors Bureau Destination Marketing Juris investment 1/1-1/31/2023 01/13/2023 50,002.50 50536 Visit Carmel Marketing & Econ Development Jan-Mar 2023 01/13/2023 30,000.00 Total for Department: 122 Econom 80,002.50
Department: 130 Non-Departmental
50475 Prism Public Risk Innovation Services Jan - Mar 2023 01/06/2023 8,787.95 50489 Cal-Am Water Company Water service citywide 01/13/2023 9,744.41 50515 Pacific Gas & Electric Citywide gas & electric services 01/13/2023 24,644.75 50519 Prism Public Risk Innovation Aircraft program S Adams Dec 2022 01/13/2023 10,342.44 50575 Cal-Am Water Company Water service citywide 01/30/2023 8,970.27 Total for Department: 130 Non-Dep 62,489.82
Department: 311 Capital Projects
50500 Dudek MTNP Improvements 01/13/2023 2,232.50
50501 EMC Planning Group, Inc Coastal Engineering Study and Adaptation Plan 01/13/2023 1,397.81 50520 Rincon Consultants, Inc Environmental Permitting Support MTNP Well Decommissioning 01/13/2023 9,548.20 50538 Wallace Group Project managment:CIP MTNP well, tank, and pump house abandonmen 01/13/2023 3,415.00 50568 State Water Resources Control Board State Water Board Permit 2023 01/23/2023 2,297.00 50571 American Lock & Key ADA call system for HML 01/30/2023 988.59 50573 Ausonio, Inc HML Ext/Int. Paint 01/30/2023 5,255.00 50587 Dudek MTNP Improvements 01/30/2023 2,721.83
50588 EMC Planning Group, Inc Coastal Engineering Study and Adaptation Plan 01/30/2023 4,126.42 50591 Mayone Structural Engineering Satement for professional services failed retaining wall 1/13/23 01/30/2023 12,050.00 50598 Neill Engineers Corp. CIP-Pavement Repair Project 2022-2023 Pavement Rehabilitation 01/30/2023 982.00 50601 Rincon Consultants, Inc Environmental Permitting Support MTNP Well Decommissioning 01/30/2023 2,655.50 50610 Wallace Group Project management CIP Drainage System Repairs 01/30/2023 1,330.00 Total for Department: 311 Capital P 48,999.85
Department: 411 Debt Service
50533 US Bank Admin fees 2012 Tax Pen Oblig Bonds 01/13/2023 1,000.00 Total for Department: 411 Debt Ser 1,000.00
Department: 513 Veh & Equip Replacement
50562 Pacific Coast Trane Controls Sunset Center HVAC Emergency replacement. 01/23/2023 2,690.30 Total for Department: 513 Veh & E 2,690.30
Grand Total 625,778.16
Schedule of Contract Payments - January
Vendor Contract Amt Paid thru Jan Contract Balance
Pen Messenger 122,000.00 $ 88,630.00 $ $ 33,370.00
City of Monterey * 2,839,443.00 $ 1,582,005.86 $ $ 1,257,437.14 Fire Admin Tope's Tree Service 65,000.00 $ 109,432.08 $ $ (44,432.08) West Coast Arborists 160,000.00 $ 121,024.08 $ $ 38,975.92 John Ley's Tree Service 70,000.00 $ 66,707.67 $ $ 3,292.33 J4 Systems 38,840.70 $ 28,699.00 $ $ 10,141.70
Pureserve * 250,000.00 $ 126,848.10 $ $ 123,151.90
Rincon 50,500.00 $ 57,371.45 $ $ (6,871.45)
Dudek 75,000.00 $ 75,944.99 $ $ (944.99)
4Leaf Inc. 179,800.00 $ 22,832.50 $ $ 156,967.50
* FY2022-2023 Budget
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
March 7, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2023-027, Declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event
RECOMMENDATION:

Motion to adopt Resolution 2023-027, declaring the continued existence of a local emergency due to the 2022-23 Atmospheric River Winter Storm Event.

BACKGROUND/SUMMARY:

On December 30 and 31, 2022, Monterey County (“County”) and the City of Carmel by-the-Sea (“City”), experienced a major rain event (the “2022-23 Atmospheric River Winter Storm”). As a result of the 2022-23 Atmospheric River Winter Storm, major flooding in the County and the City caused damage to public and private property. Damage to public infrastructure has included localized flooding, roadway slope erosion and embankment slip-outs, debris flows, landslides, and culvert failure affecting the safety of said roadways; obstruction of public roadways from stormwater, storm debris, fallen trees, and roadway failure; damage to storm drain infrastructure; and damage to public and private utilities and damage to public facilities and parks throughout the County and in the City.

On January 4, 2023, California Governor Gavin Newsom proclaimed a state of emergency in response to severe winter storms that relate to a series of atmospheric river systems that struck California in December 2022, and are forecasted to continue.

On January 4, 2023, Interim County Administrative Officer of the County proclaimed the existence of a local emergency on January 4, 2023, and the Board of Supervisors of the County adopted a resolution ratifying the proclamation of a local emergency.

On January 13, 2023, based on the events described above, Chip Rerig (City Administrator of the City and the Director of Emergency Services of the City) issued a Proclamation of Existence of a Local Emergency by the City Administrator.

On January 17, 2023, Council adopted Resolution 2023-008 Ratifying the Proclamation of the existence of a local emergency due to the 2022- 2023 Atmospheric River Winter Storm Event.

Current Situation
On January 14, 2023, President Joe Biden declared that a major disaster exists in the State of California and ordered Federal aid to supplement State, tribal, and local recovery efforts in the areas affected by severe winter storms, flooding, landslides, and mudslides beginning on December 27, 2022, and continuing. The President’s action makes Federal funding available to affected individuals in the counties of Merced, Sacramento, and Santa Cruz. On January 17, Monterey County was added to the list of affected counties.

State and local teams have begun and continue to conduct damage assessments in areas of the county impacted by flooding, including Carmel River State Beach, where the beach access parking lot was buried in sand and a large portion of Scenic Drive was damaged. Both the parking lot and the southern end of Scenic Drive remains closed due to these damages. Officials with Monterey County are continuing to gather damage information caused by the 2023 Winter Storm countywide. The last estimate of damages caused by the storm is nearly $80 million.

The true extent of the damage caused by the 2022-23 Atmospheric River Winter Storm and cost of damages to Carmel-by-the-Sea has yet to be ascertained. Soil conditions in the City remain saturated as a result of the 2022-23 Winter Storm increase the likelihood of further damage from earth slippage events, including the potential for flooding. City Staff is currently working on storm recovery and will continue for the next several months.

Conclusion
Per Resolution 2023-008, the local emergency due to the Winter Storms shall be deemed to continue to exist and shall be reviewed at least once every 30 days until its termination is proclaimed by the City Council of the City of Carmel-by-the-Sea per California Government Code section 8630. By adopting the attached Resolution, (Attachment 1) the declaration of the local emergency due to the Winter Storm Event will be renewed for another 30 days.

FISCAL IMPACT:

No direct fiscal impact for this action. FISCT
PRIOR CITY COUNCIL ACTION:

On January 17, 2023, Council adopted Resolution 2023-008 Ratifying the Proclamation of the existence of a local emergency due to the 2022-2023 Atmospheric River Winter Storm Event.

On February 7, 2023, Council adopted Resolution 2023-011, Declaring the Continued Existence of a local emergency due to the 2022-2023 Atmospheric River Winter Storm Event.

ATTACHMENTS:

Attachment 1) Resolution 2023-027

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-027

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DECLARING THE CONTINUED EXISTENCE OF A LOCAL EMERGENCY DUE TO THE 2022- 2023 ATMOSPHERIC RIVER WINTER STORM
WHEREAS, the California Emergency Services Act (California Government Code sections 8639, 8550, et. seq.) defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat; and WHEREAS, Chapter 2, section 2.64.020 of the City of Carmel-by-the-Sea ("City") Municipal Code defines emergency as the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat; and WHEREAS, Chapter 2, section 2.64.050 of the City of Carmel-by-the-Sea ("City") Municipal Code designates the City Administrator as the Director of Emergency Services for the City; and
WHEREAS, Chapter 2, section 2.64.060 empowers the City Administrator, as the Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City Council is not in session so long as such proclamation is ratified by the City Council within seven (7) days; and
WHEREAS, California Governor Gavin Newsom proclaimed a state of emergency on January 4, 2023, in response to sever winter storms that relate to a series of atmospheric river systems that struck California in December 2022, and are forecasted to continue; and WHEREAS, the Board of Supervisors of the County of Monterey adopted a resolution ratifying the County Administrative Officer’s proclamation of a local emergency issued on January 4, 2023; and
WHEREAS, on December 30 and 31, 2022, Monterey County, including the City, experienced a major rain event (the “2022-23 Atmospheric River Winter Storm”); and WHEREAS, as a result of the 2022-23 Atmospheric River Winter Storm, major flooding in the County, including the City, caused damage to public and private property, such as road closures, and loss of power; and
WHEREAS, various other roads and infrastructure in the City have been damaged as a result of the 2022-23 Atmospheric River Winter Storm; and WHEREAS, damage to infrastructure have included localized flooding, roadway slope erosion and embankment slip-outs, debris flows, risk of falling trees, landslides, and culvert failure affecting the safety of said roadways; obstruction of public roadways from stormwater, storm debris, fallen trees and roadway failure; damage to storm drain infrastructure and other infrastructure; and
Attachment 1
Resolution 2023-027

WHEREAS, Monterey County currently estimates of the damage caused by the 2022-23 Atmospheric River Winter Storm exceed $80 million, and the true extent of the damage caused by the 2022-23 Atmospheric River Winter Storm has yet to be ascertained; and WHEREAS, based on said events, the City Administrator of the City of Carmel-by-theSea declared the existence of a local emergency within the City on January 13, 2023; and WHEREAS, the Proclamation of the Existence of a Local Emergency issued by the City Administrator acting as the Director of Emergency Services was ratified by the City Council of the City of Carmel-by-the-Sea on January 17, 2023; and
WHEREAS, said local emergency shall be deemed to continue to exist and shall be reviewed at least once every 30 days until its termination is proclaimed by the City Council of the City of Carmel-by-the-Sea per California Government Code section 8630; and WHEREAS, the City Administrator or his designee is authorized to take whatever other action is authorized under the Carmel-by-the-Sea Municipal Code and state and federal law, subject to any required authorization from the City Council, consistent with this Resolution and its basic purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA THAT:

Section 1. Imminent Risk to Health and Safety. Soil conditions in the City and remain saturated as a result of the 2022-23 Atmospheric River Winter Storm, increasing the likelihood of further damage from earth slippage events, including the potential for flooding, risk of falling trees, and other infrastructure damage.

Section 2. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of adoption of this Resolution, or (ii) such time the City Council adopts a subsequent resolution rescinding this Resolution.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 7th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
___________________________ _____________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
March 7, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert Harary, P.E, Director of Public Works APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2023-028, authorizing the City Administrator to execute On-Call Tree Maintenance Service Contracts with Community Tree Service, Tope's Tree Service, and West Coast Arborists, with initial terms of three years, expiring June 30, 2026, and fees for the remainder of Fiscal Year 2022/23 of $30,000, $60,000, and $60,000 respectively
RECOMMENDATION:

Motion to adopt Resolution 2023-028, authorizing the City Administrator to execute On-Call Tree Maintenance Service Contracts with Community Tree Service, Tope's Tree Service, and West Coast Arborists, with initial terms of three years, expiring June 30, 2026, and fees for the remainder of Fiscal Year 2022/23 of $30,000, $60,000, and $60,000 respectively.

BACKGROUND/SUMMARY:

Public Works/Forestry has a long history of working with qualified, licensed tree contractors to supplement the City’s forestry crews with tree planting, watering, pruning, removals, and stump grinding. For the past four Fiscal Years (FY), 2018/19 through 2021/22, the City had on-call, as-needed contracts with up to five tree care contractors. However, these contracts phased out over the years, and the last expired on June 30, 2022.

Last fall, staff updated bidding documents and technical specifications for tree care services. In addition to updating safety standards and technical requirements for pruning and removals, new requirements were added to provide qualified consultant arborist services and to ensure prompt response to emergency call outs. In addition, the bid cost schedules were modified to ensure that all bidders provide costs for all listed labor classifications, equipment, and waste hauling, including costs for subcontractors and equipment rentals where required, whereas in prior bid proposals, bidders only had to list their own labor classifications and equipment.

On-call, as-needed tree care service contractors allow the City to address the many needs of our urban forest, such as removal of dead, diseased, or hazardous trees, planting new trees, pruning to maintain clearances and proper tree health, stump grinding, watering, and tree removals associated with various Capital Improvement Projects. In addition to the trees located in the City's right-of-way, maintenance is also needed for trees located on all City properties, facilities, and parks.

In December 2022, bid advertising notices were sent to all tree service vendors that maintain a current City of Carmel business license, published in the Carmel Pine Cone and Monterey County Weekly, posted on the City’s and other purchasing websites, and sent to Central Coast Builders Association.

Six bid proposals were received and opened at a Public Bid Opening held on February 14, 2023 with the following results:

Bidder
As Bid
Amount
(See Note 1)
Adjusted Bid
Amount
(See Note 2)
Recommended
Contract Award
for FY 2022/23
(See Note 3)
See Note #
Tope’s Tree
Service
$1,124.00 $2,022.44 $60,000
John Ley’s Tree
Service
$1,215.00 $2,644.91 $0 4
West Coast
Arborists
$1,920.00 $1,920.00 $60,000
Community Tree
Service
$2,278.60 $2,278.60 $30,000
AERI Tree Service $2,344.00 $2,467.67 $0 5
The Professional
Tree Co.
$2,675.00 $2,675.00 $0 5
Notes:

1. The Bid amounts do not reflect a specific task, but rather are cost totals of one hour for eleven (11) labor classification fully burdened rates, one hour of nine (9) different equipment rates, plus one ton of waste hauling. Specifically, the 11 labor classifications include: consulting arborist, crane operator, ISAcertified arborist, ISA tree worker, laborer, and utility line trimmer. Equipment rates cover a chipper, crane, dump truck, pickup truck, stump grinder, and water truck. If the prime contractor does not employ the labor classification nor possess the equipment listed in the bid schedule, costs for subcontractors and/or equipment rental rates were required to be provided.

2. Administrative adjustments were made by staff on the bid proposals submitted by Tope’s Tree Service, John Ley’s Tree Service, and AERI to best compare “apples with apples” labor and equipment rates.” Specifically, these bidders did not list certain prices for labor and equipment listed elsewhere on the bid schedule (prices for both a laborer and tree worker, for example). These amounts were estimated by staff as an average of bid prices submitted by all bidders for those items. The adjustments did not materially alter the ranking of the six bids.

3. The total available for tree care services for the balance of FY 2022/23 is $150,000. The recommended contract award amounts to the three lowest responsive bidders reflect the most commonly used labor and equipment costs, location of resources, and past performance on City contracts.

4. John Ley's Tree Service submitted a non-responsive bid proposal which must be rejected. All other bid proposals were responsive.

5. The four lowest bidders have all worked under contract with the City in the past. New to Carmel bidders, AERI Tree Service and The Professional Tree Care Company, have contracts in the Bay Area, Sacramento, and other northern California counties, but do not appear to have performed work locally in the recent past.

Public Works requests awarding contracts to the three (3) lowest contractors to ensure we can meet the City’s tree care needs in a responsive and cost-effective manner through the next three fiscal years, through June 30, 2026. All work is to be performed on an on-call, as-needed basis. Upon execution of the Contracts, subsequent Task Orders will be assigned to individual Contractors at the discretion of the City.

Tope’s Tree Service is a local Monterey Peninsula company with the ability for quick response times, and have a variety of equipment to perform most ongoing and emergency tree care needs. West Coast Arborists and Community Tree Service are larger companies that can provide additional, specialized services, but may be less available for urgent needs. West Coast Arborists have also provided professional arborist services to the City in past.

Public Works Forestry crews can perform most routine tree care tasks in a far less expensive manner; however, our work force is simply spread too thin. Shifting our resources to work exclusively on trees would have immediate impacts on other facilities, such as the beach, parks, and landscaping in open spaces. In addition, we do not have certain ISA-certified employees on staff, such as utility line clearance trimmers, nor possess a crane, and thus must rely on outside contractors for these specialized services.

FISCAL IMPACT:

The Public Works/Forestry operating budget for Contract Services for FY 2022/23 was $521,500 in Account No. 101-119-45-42101. As of February 21, 2023, approximately $180,000 remained available in this account, which is sufficient to award these three new tree contracts with a combined fee for the remainder of FY 2022/23 of $150,000.

For subsequent fiscal years, the maximum amount of each Contract would be based on the Councilapproved Forestry operating budgets. Hourly rate increases for extensions of the initial Contracts, beyond the first year, will be tied to the Consumer Price Index for Urban Consumers for the San Francisco Bay area and required prevailing wage increases.

PRIOR CITY COUNCIL ACTION:

In September 2018, Council authorized the City Administrator to execute five On-Call Tree Maintenance Service Contracts for initial one-year terms, and three optional, one-year extensions, for a combined initial fee for FY 2018/19 of $391,800. These contracts were subsequently extended over the next three fiscal years by a combination of Council Resolutions and City Administrator Change Orders (for authorizations under $24,999), with varying amounts of budgets, through June 30, 2022. All of those prior contracts have expired.

In February 2023, Council adopted Resolution 2023-015 authorizing the City Administrator to approve Purchase Orders with John Ley’s Tree Service and Tope’s Tree service for fees not to exceed $50,000 and $40,000, respectively, for tree and debris removals resulting from the strong storms of January 2023.

ATTACHMENTS:

Attachment 1) Resolution 2023-028
Attachment 2) On-Call Tree Service Bid Packet

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2023-028

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ON-CALL TREE MAINTENANCE SERVICE CONTRACTS WITH COMMUNITY TREE SERVICE, TOPE’S TREE SERVICE, AND WEST COAST ARBORISTS, WITH INITIAL TERMS OF THREE YEARS, EXPIRING JUNE 30, 2026, AND FEES FOR THE REMAINDER OF FISCAL YEAR 2022/23 OF $30,000, $60,000, AND $60,000, RESPECTIVELY
WHEREAS, Public Works/Forestry has a long history of working with qualified, licensed tree contractors to supplement the City’s forestry crews with tree planting, watering, pruning, removals, and stump grinding; and
WHEREAS, prior on-call contracts with tree care contractors expired on June 30, 2022, after which, bidding documents and technical specifications were updated by Public Works and extensively advertised for bids; and
WHEREAS, six bid proposals were received at the public Bid Opening held on February 14, 2023; and
WHEREAS, the lowest responsive, responsible bid proposals were submitted by Community Tree Service, Tope’s Tree Service, and West Coast Arborist, and one bid proposal, submitted by John Ley’s Tree Service, was non-responsive; and WHEREAS, the bids consisted of fully-burdened hourly rates for one hour each of eleven different labor classifications, plus one hour each of nine different equipment rates, plus one ton of waste hauling, with all rates to be the basis for individual Task Orders to be issued on an oncall, as-needed basis; and WHEREAS, having multiple contractors under contract will best ensure that the City can meet our tree care needs in a responsive and cost-effective manner through the next three fiscal years, expiring June 30, 2026; and
WHEREAS, approximately $180,000 remains in the Fiscal Year (FY) 2022/23 operating budget for Public Works/Forestry Contract Services account 101-119-45-42001, sufficient to award these contracts; and
WHEREAS, Contracts for the balance of FY 2022/23 will be for $30,000 for Community Tree Service, $60,000 for Tope’s Tree Service, and $60,000 for West Coast Arborists, and Change Orders to these Contracts will be issued at the start of each subsequent Fiscal Year dependent on Council-authorized budgets for each fiscal year.

Attachment 1
Resolution No. 2023-028

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:

Authorize the City Administrator to execute On-Call Tree Maintenance Service Contracts with Community Tree Service, Tope’s Tree Service, and West Coast Arborists, with initial terms of three years, expiring June 30, 2026, and fees for the remaining of Fiscal Year 2022/23 of $30,000, $60,000, and $60,000, respectively.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this 7th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 1
Attachment 2

ON-CALL TREE SERVICES
On-Call Tree Services

TABLE OF CONTENTS
PART I: NOTICE TO CONTRACTORS..................................................................................................... 1 SPECIFICATIONS AND BID FORMS ....................................................................................................... 1 PRE-BID CONFERENCE .......................................................................................................................... 2 INQUIRIES................................................................................................................................................. 2 PREVAILING WAGES ............................................................................................................................... 2 BID VALIDITY ............................................................................................................................................ 3 RESPONSIBLE BIDDER ........................................................................................................................... 3 BID REJECTION........................................................................................................................................ 4 UNBALANCED BID.................................................................................................................................... 4 BIDDER PROTEST.................................................................................................................................... 4 INTERPRETATION OF SPECIFICATIONS............................................................................................... 5 DEFINITIONS............................................................................................................................................. 5 PART II: BID PROPOSAL ......................................................................................................................... 1 BIDDING SCHEDULE................................................................................................................................ 2 BASIS OF AWARD .................................................................................................................................... 3 BID CLARIFICATION................................................................................................................................. 4 DECLARATION OF BIDDER RE: LICENSE QUALIFICATIONS .............................................................. 5 ACKNOWLEDGEMENT OF ADDENDA.................................................................................................... 5 EXAMPLE TREE MAINTENANCE / ON-CALL CONTRACTS.................................................................. 5 REFERENCES........................................................................................................................................... 6 SUBCONTRACTORS LIST ....................................................................................................................... 7 CERTIFICATIONS OF KEY PERSONNEL ……...……………………………………………………………..7 NONCOLLUSION DECLARATION............................................................................................................ 8 DEBARMENT AND SUSPENSION CERTIFICATION............................................................................... 9 CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE ...................................................... 10 PART III: GENERAL PROVISIONS .......................................................................................................... 1 BIDDING.................................................................................................................................................... 1 JOB SITE AND DOCUMENT EXAMINATION........................................................................................... 1 BID DOCUMENT COMPLETION............................................................................................................... 1 CONTRACT AWARD AND EXECUTION .................................................................................................. 1 SCOPE OF WORK .................................................................................................................................... 1 INTENT ...................................................................................................................................................... 1 CHANGES AND EXTRA WORK................................................................................................................ 2 CLEANUP .................................................................................................................................................. 2 CONTROL OF WORK ............................................................................................................................... 2 CONTRACT COMPONENTS .................................................................................................................... 2 AUTHORITY............................................................................................................................................... 2 SUBCONTRACTING ................................................................................................................................. 3 REPRESENTATIVE................................................................................................................................... 3 EQUIPMENT.............................................................................................................................................. 3 PROPERTY AND FACILITY PRESERVATION......................................................................................... 3 POTENTIAL CLAIMS AND DISPUTE RESOLUTION............................................................................... 4 CONTRACTOR'S RESPONSIBILITY FOR WORK................................................................................... 4 EMPLOYEES ............................................................................................................................................. 4 CONTROL OF MATERIALS ...................................................................................................................... 5 GENERAL .................................................................................................................................................. 5 MATERIAL SOURCE................................................................................................................................. 5 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .............................................................. 5 Attachment 2

ON-CALL TREE SERVICES
LAWS ......................................................................................................................................................... 5 NONDISCRIMINATION ............................................................................................................................. 6 LABOR CODE............................................................................................................................................ 6 WAGES ..................................................................................................................................................... 6 CERTIFIED PAYROLL RECORDS............................................................................................................ 8 APPRENTICES.......................................................................................................................................... 8 WORKING HOURS.................................................................................................................................... 8 OCCUPATIONAL SAFETY AND HEALTH STANDARDS ........................................................................ 9 PUBLIC CONVENIENCE AND PUBLIC SAFETY ................................................................................. 9 WORKERS’ COMPENSATION.................................................................................................................. 9 RIGHT OF PROPERTY ............................................................................................................................. 9 PATENTS................................................................................................................................................... 9 INCREASED FORCE................................................................................................................................. 9 LIABILITIES................................................................................................................................................ 9 PROSECUTION AND PROGRESS......................................................................................................... 10 GENERAL ................................................................................................................................................ 10 SUSPENSIONS AND DELAYS ............................................................................................................... 10 RIGHTS OF WAY AND STAGING AREA................................................................................................ 10 PAYMENT................................................................................................................................................ 11 GENERAL ................................................................................................................................................ 11 PROGRESS PAYMENTS………………………...……………………………………………………………..11 PAYMENT AFTER CONTRACT ACCEPTANCE .................................................................................... 11 PART IV: SPECIAL PROVISIONS............................................................................................................ 1 GENERAL .................................................................................................................................................. 1 SPECIFICATIONS ..................................................................................................................................... 1 CONTRACT BONDS ................................................................................................................................. 1 TIME LIMITS .............................................................................................................................................. 1 LICENSES AND PERMITS........................................................................................................................ 2 SITE INSPECTION .................................................................................................................................... 2 SUBMITTALS............................................................................................................................................. 2 PROTECTION OF PRIVATE PROPERTY ................................................................................................ 3 QUALITY CONTROL ................................................................................................................................. 3 GUARANTEE............................................................................................................................................. 4 REGULATIONS.......................................................................................................................................... 4 PUBLIC SAFETY AND PROTECTION OF THE WORK ........................................................................... 4 INDEMNIFICATION AND HOLD HARMLESS........................................................................................... 5 INSURANCE .............................................................................................................................................. 5 MINIMUM SCOPE AND LIMITS OF INSURANCE.................................................................................... 5 DEDUCTIBLES AND SELF-INSURED RETENTIONS.............................................................................. 6 OTHER INSURANCE PROVISIONS......................................................................................................... 6 RESOLUTION OF CLAIMS ....................................................................................................................... 7 RESOLUTION OF CLAIMS – CLAIMS UNDER $375,000........................................................................ 9 PRE-WORK CONFERENCE ................................................................................................................... 10 TASK ORDER PROCESSING................................................................................................................. 10 LIQUIDATED DAMAGES......................................................................................................................... 10 TRAFFIC CONTROL ............................................................................................................................... 11 REMOVAL OF OBSTRUCTIONS............................................................................................................ 12 UNDERGROUND UTILITIES................................................................................................................... 13 UTILITY COMPANY COORDINATION ................................................................................................... 13 DUST CONTROL..................................................................................................................................... 13 SANITARY FACILITIES........................................................................................................................... 13 INSPECTION OF WORK......................................................................................................................... 13 ENVIRONMENTAL/POLLUTION PREVENTION REQUIREMENTS...................................................... 13 EROSION AND SEDIMENT CONTROL PLAN ....................................................................................... 14 Attachment 2

ON-CALL TREE SERVICES
BEST MANAGEMENT PRACTICES OF STORMWATER ...................................................................... 14 POLLUTION PREVENTION EXPECTED OUTCOMES.......................................................................... 14 TREE PROTECTION REQUIREMENTS................................................................................................. 15 SUPPLEMENTAL SPECIAL PROVISIONS........................................................................................ 15 REQUIRED QUALIFICATIONS ............................................................................................................... 16 TECHNICAL SPECIFICATIONS ........................................................................................................... 17 APPENDIX A: BID FORMS FOR SUBMITTAL ........................................................................................ 1 BID COVER SHEET .................................................................................................................................. 2 BID PROPOSAL ........................................................................................................................................ 3 BIDDING SCHEDULE................................................................................................................................ 4 DECLARATION OF BIDDER RE: LICENSE QUALIFICATIONS .............................................................. 6 ACKNOWLEDGEMENT OF ADDENDA.................................................................................................... 6 EXAMPLE TREE MAINTENANCE / ON-CALL CONTRACTS.................................................................. 6 REFERENCES........................................................................................................................................... 7 SUBCONTRACTORS LIST ....................................................................................................................... 8 CERTIFICATIONS OF KEY PERSONNEL……………………………………………………………………..8 NONCOLLUSION DECLARATION............................................................................................................ 9 DEBARMENT AND SUSPENSION CERTIFICATION............................................................................. 10 CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE ...................................................... 11 APPENDIX B: SAMPLE CONTRACT, PERFORMANCE BOND, AND PAYMENT BOND .................... 1 SAMPLE CONTRACT................................................................................................................................ 2 PERFORMANCE BOND.......................................................................................................................... 10 PAYMENT (LABOR AND MATERIALS) BOND....................................................................................... 11 APPENDIX C: SAMPLE TASK ORDER FORM ....................................................................................... 1 SAMPLE TASK ORDER FORM................................................................................................................. 2 Attachment 2
Part I: Notice to Contractors, Page 1

ON-CALL TREE SERVICES

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF PUBLIC WORKS
PART I: NOTICE TO CONTRACTORS
The City of Carmel-by-the-Sea (the “City”) is soliciting bids from qualified, C-61/D-49 limited specialty licensed tree Contractors for On-Call Tree Maintenance Services to perform all aspects of urban forestry. The work, in general, consists of maintenance of trees within the public right-of-way, as well as trees on City properties, that are scheduled for standard, priority, and emergency maintenance services. Tree maintenance work may include, but is not limited to:
tree planting, staking, watering, pruning, chipping, removal, and stump grinding. The selected firm(s) must also be available to respond to the City’s emergency tree issues, as well as provide consulting arborist services.

The City is seeking to award up to three (3) tree maintenance Contracts for an initial term of three (3) years, with up to two (2), one-year (1-year) extension periods at the option of the City Administrator. The total combined annual contract amount is not anticipated to exceed $300,000. Contract awards will be made to the most responsive and responsible bidders with the lowest total Base Hourly Rates for Items 1-21 in the Bidding Schedule.

All work is to be performed on an as-needed basis. Upon execution of the Contract, subsequent Task Orders will be assigned to individual Contractors at the discretion of the City based on Contractor availability, past performance, and estimated cost. Hourly rate increases for extensions of the initial Contract, beyond the first year, will be tied to the Consumer Price Index for Urban Consumers (CPI-U) for the San Francisco Bay area and required prevailing wage increases.

Submit bids in a sealed envelope addressed to City Hall, attention City Clerk.

Mail or deliver sealed bids to the following address by January 31, 2023 before 2:00 pm:

US Mail
City of Carmel-by-the-Sea City Clerk
P.O. Box CC
Carmel-by-the-Sea, CA 93921
FedEx / UPS / Hand Delivery
City of Carmel-by-the-Sea City Clerk
Eastside of Monte Verde Street
between Ocean and Seventh Avenues
Carmel-by-the-Sea, CA 93921
Immediately after the deadline, bids will be publicly opened and read in the City Council Chambers. At the time of the bid opening, the successful Bidder must be legally entitled to perform contracts requiring a California C-61/D-49 (Limited Specialty/Tree Service) Contractor’s License.

SPECIFICATIONS AND BID FORMS
Specifications, including Instructions to Bidders and all necessary Contract Documents and forms, are available on-line from the City’s website located at ci.carmel.ca.us/bidinfo. Submit the original bid proposal unbound with wet signatures (see Appendix A for required Bid Forms for Submittal) in a sealed envelope clearly marked on the exterior “On-Call Tree Services, Invitation for Bids 22-23-003.” When submitting a bid in a sealed envelope within another sealed envelope, such as an envelope provided by an overnight carrier, be sure to also mark the exterior of the outermost envelope or overnight carrier’s envelope clearly with the Project Name, Bid opening date and Bid opening time.

Attachment 2
Part I: Notice to Contractors, Page 2

ON-CALL TREE SERVICES

PRE-BID CONFERENCE
A Non-Mandatory Pre-Bid Conference is scheduled for 2:00 pm on Tuesday, January 10, 2023 at Carmel City Hall Council Chambers on the east side of Monte Verde Street between Ocean and 7th Avenues in Carmel-by-the-Sea.

This conference will allow Bidders to receive an overview of this Contract and ask questions.

INQUIRIES
Only the following individual may be contacted during the bidding period, and this individual may only be contacted via email:

All Questions shall be submitted to: Sara Davis
City Forester
Email: [email protected]
To provide adequate response time prior to the bid opening, all questions regarding this Invitation for Bids must be submitted in writing to [email protected] by the time stated on the cover sheet. If the issue materially affects the Bid, the information will be incorporated into an Addendum and posted on the City’s website at ci.carmel.ca.us by the date and time listed on the cover sheet.

No letters or correspondence will be sent notifying prospective Bidders of any modifications or clarifications to the Invitation for Bids. It is the Bidder’s responsibility to review all Addenda posted to the City website and to acknowledge Addenda by dating and initialing Page 6 in Appendix A, Bid Forms for Submittal.

PREVAILING WAGES
Local prevailing wage rates shall be paid in accordance with Sections 1770, 1773, and 1782, as amended, of the California Labor Code, on all public works contracts for alteration, demolition, repair or maintenance work exceeding one thousand dollars ($1,000). Local wage rates may be obtained from the Department of Industrial Relations (https://www.dir.ca.gov/OPRL/2022-1/PWD/Northern.html), State of California, 455 Golden Gate Avenue, San Francisco, California (415-703-4774). Any Contractor awarded a public works Contract that uses a craft or classification not in the general prevailing wage determinations is required to pay the wage rate most closely related in the general determinations, effective at the time of the bid opening.

In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any Contract for public work, as defined by that chapter of the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. See Part III of these Specifications for additional requirements.

In accordance with the provisions of Section 1773.3 of the Labor Code, the City of Carmel-by-the-Sea shall provide notice to the Department of Industrial Relations (DIR) of the award of any public works Contract subject to the requirements of Chapter 1 of the Labor Code, within five (5) days of the award, but in no event later than the first day in which a Contractor has workers employed upon the public work. The notice shall be transmitted electronically in a format specified by the DIR (see https://www.dir.ca.gov/pwc100ext) and shall include the name and registration number issued by the DIR pursuant to Section 1725.5 of the Contractor, the name and registration number issued by the DIR pursuant to Section 1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information the department specifies that aids in the administration and enforcement of this chapter.

The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Web Site at: http://www.dir.ca.gov.

Attachment 2
Part I: Notice to Contractors, Page 3

ON-CALL TREE SERVICES
Additional Information Effective 2017:

In 2014, SB 854 (Chapter 28, Statutes of 2014) created a new system for oversight of prevailing wage compliance by the California DIR. It required contractors and subcontractors to register with the DIR in order to bid or contract for public works projects and to submit payroll records directly to the DIR through a new online portal. SB 854 also required cities and other local agencies to notify the DIR online within thirty days after award of a public works contract.

SB 96 (Chapter 28, Statutes of 2017) was signed into law on June 27, 2017, as a budget trailer bill and became effective immediately. SB 96 refines and expands SB 854’s requirements and adds significant penalties for local agencies that fail to comply with prevailing wage requirements. Because prevailing wage requirements apply to all public works contracts over $1,000, these new requirements will apply to the vast majority of municipal public works projects.

The Public Contract Code requires Bidders to submit a list of every subcontractor that will perform work in excess of one half of one percent of the contract price. SB 96 requires that the subcontractor list form now include the DIR registration number for each listed subcontractor. An inadvertent error in listing a subcontractor’s DIR number will not be grounds for a bid protest or for rejecting the bid as nonresponsive if the Contractor provides the correct number within 24 hours following the bid opening.

BID VALIDITY
No Bidder may withdraw their bid for a period of ninety (90) days from the date of opening of the bids for the purpose of reviewing the bids and investigating the qualifications of Bidders, prior to awarding of the Contract. In the event of a bid mistake resulting from a clerical error made by the Bidder, withdrawal of such bid may only be allowed if the criteria set forth in California Public Contracts Code Sec. 5103 are met and the procedures set forth therein are followed; any such approval by City of Bidder’s request to withdraw bid shall be at the sole discretion of the City.

RESPONSIBLE BIDDER
Responsible Bidder as it pertains to this Contract shall be as follows:

1. Standards of Responsibility: The City may reject bids on the basis of non-responsibility. A responsible Bidder is one that has the capacity in all respects to perform fully the Contract requirements, and the integrity and reliability which will assure good faith performance of the Contract. Factors to be considered in determining whether the standard of responsibility has been met include whether a Bidder has:
a) The appropriate financial, material, equipment, facility, capacity (adequate workforce to complete the job in a timely fashion) and personnel resources, including all required certifications, licenses, and expertise necessary to indicate its capacity to meet all contractual requirements, including the following specific requirements:
i) Adequate workforce to meet multiple critical path schedule tasks at once; ii) Ability to start projects on the commencement dates set forth by the City and satisfactorily complete them within the City’s stated time limits;
b) A satisfactory record of performance, including, but not limited to, any prior work performed by Bidder for the City or other agency;
c) Evidence of Bidder’s ability to provide the required bonding and insurance capacity; d) A satisfactory record of integrity, diligence, and professionalism in the specific Contract work; e) The legal qualifications to Contract with the City; and f) Supplied all information requested by the City in connection with the inquiry concerning responsibility.

Attachment 2
Part I: Notice to Contractors, Page 4

ON-CALL TREE SERVICES

2. Information Pertaining to Responsibility: The prospective Contractor shall supply any information requested by the City concerning the responsibility of such Contractor, including the qualifications and performance records of Contractor’s employees and proposed subcontractors. If the prospective Contractor fails to supply the requested information, the City shall base the determination of responsibility in award of the Contract upon any available information, or may find the prospective Contractor non-responsible on the basis of its failure to provide the requested information to the City in a timely manner.

3. The City’s Duty Concerning Responsibility: Before awarding a Contract, the City must be satisfied that the prospective Contractor is responsible. The City may use the information provided by prospective Contractor as well as information obtained from other legitimate sources, including City staff’s own experience with the prospective Contractor and prospective Contractor’s employees.

4. Written Determination of Non-responsibility Requirements: If a Bidder who otherwise would have been awarded the Contract is found non-responsible, a written determination of non-responsibility setting forth the basis determination shall be prepared by the City and sent to the non-responsible Bidder. The Bidder shall have an opportunity to appeal the City’s determination on non- responsibility.

BID REJECTION
The City reserves the right to reject any or all bids as the best interests of the City may dictate and, to the extent permitted by law, waive any irregularity in any bid. If there is any reason for believing that collusion exists among the Bidders, the City may reject any or all bids.

UNBALANCED BID
Bids which are obviously unbalanced may be rejected. For the purposes of this section, an unbalanced bid is one that (a) has unit prices based on nominal prices for some items of work and enhanced unit prices for other items of work, and (b) the amount and manner in which the unit prices are distributed is not reflective of the true cost to perform the work. Any unbalanced bid may be rejected by the City whether or not the result of the unbalanced bid increases the cost of the project to the City.

BIDDER PROTEST
All bid protests shall follow the procedures set forth below:

1. Grounds for Protest. Authority to protest shall be limited to Bidders. A written protest may be filed based on the following grounds:
a) Failure of the City to correctly apply the standards of review, evaluation, or scoring of a bid or proposal as specified in the solicitation documents.
b) Such other grounds as would create a cause of action at law or in equity.

2. Bidder protests must be submitted in writing within five (5) business days after the bid opening. Such protests may be filed immediately after the bid opening. Protests will be accepted in person or via mail, either delivery shall be to City of Carmel-by-the-Sea, Office of the City Clerk, P.O. Box CC, Carmel-by- the-Sea, CA 93921.

Once the bid protest package has been received, follow-up communications in reference to the bid protest may be made to the City Clerk’s Office by telephone, fax, or email.

3. The written formal protest must contain the following:
a) Identification of the specific Contract provision, City Purchasing Code and/or other statutory or regulatory provision(s) that the City is alleged to have violated; b) Description of each act alleged to have violated the statutory or regulatory provision(s) identified above; c) A precise statement of the relevant facts that includes dates, timelines, involved parties, and all supporting documents. Supporting documentation not submitted within the five (5) business days described in this Attachment 2
Part I: Notice to Contractors, Page 5

ON-CALL TREE SERVICES
subsection (b) will not be reviewed;
d) An identification of the issue(s) that need to be resolved that support the protest; e) A statement of the form of relief requested.

4. If a timely protest is filed, City Clerk’s Office shall notify the involved department(s).

5. The applicable City department(s) will conduct an investigation, gather information, prepare documentation of its findings and make every effort to resolve the protest to the mutual satisfaction of all stakeholders. Whether or not the protest cannot be mutually resolved, the department(s) or City Clerk’s Office will notify the protest Bidder(s), in writing. The notice to the protester shall state the basis of Bidder’s protest(s), the results of the investigation, findings, recommendation(s) and reasons for the action taken and delivered to the protesting Bidder(s).

6. Bid Protestors may appeal, in writing, to the City Administrator within five (5) business days of receipt of the written notification. The City Administrator shall have five (5) business days to make a decision which shall be final.

7. Alternatively, Bid Protestors may attend the next City Council meeting to make a public comment. While the City Council may accept the public comments, no action will be taken by the City Council at said meeting.

INTERPRETATION OF SPECIFICATIONS
Should a Bidder be in doubt as to the true meaning of any item in the Specifications or should Bidder discover items containing discrepancies or omissions, the City Forester shall be immediately notified. All requests for interpretations must be submitted at least ninety-six (96) hours before bid opening by email to Sara Davis, City Forester, at [email protected].

If found necessary, interpretation or correction will be made by written addendum, a copy of which will be posted on the City website at ci.carmel.ca.us/bidinfo. Such addenda are to be considered as part of the Contract documents, and the Bidder shall acknowledge this condition by listing each addendum by number in their bid proposal. The City shall not be held responsible for any oral interpretations or instructions. No addenda can be issued less than seventy-two (72) hours before bid opening without an accompanying bid time extension. The Director of Public Works and his representatives reserve the right to make decisions on extending the bid period.

DEFINITIONS
For the purposes of this document, the following definitions shall apply:

ADA: Americans with Disabilities Act of 1990, Titles II and III, revised September 15, 2013 ANSI: American National Standard Institute
ASCA: American Society of Consulting Arborists
BMP: Best Management Practice
BIDDER: Party submitting a bid for consideration by the City of Carmel-by-the-Sea CBC: California Building Code, latest edition
CITY: The City of Carmel-by-the-Sea, Monterey County, State of California CONTRACTOR: The term Contractor refers to and indicates the party or parties contracting to perform the work to be done pursuant to this Contract
Attachment 2
Part I: Notice to Contractors, Page 6

ON-CALL TREE SERVICES
CQC: The Contractor Quality Control is the Contractor's system to manage, control, xxxxand document Contractor, supplier, and subcontractor activities to comply with xxxxthe Contract requirements.

COUNCIL OR
CITY COUNCIL: The City Council of the City of Carmel-by-the-Sea CITY ENGINEER: The term City Engineer refers to and indicates the Director of Public Works of the City of Carmel-by-the-Sea or his duly authorized representative

GENERAL
PROVISIONS: Part III of these Specifications.

ISA: International Society of Arboriculture
NCCCO: National Commission for the Certification of Crane Operators OSHA: Occupational Safety and Health Administration
PG&E: Pacific Gas and Electric
QUALITY All control and assurance activities instituted to achieve the product quality MANAGEMENT: established by the Contract requirements.

RCA: Registered Consulting Arborist
SPECIAL:

PROVISIONS: Part IV of these Specifications
SPECIFICATIONS: This document, in its entirety
STANDARD Specifications entitled “State of California, Department of Transportation, SPECIFICATIONS: Standard Specifications”, latest publication TCIA: Tree Care Industry Association
TECHNICAL Included at the end of the Part IV of these Specifications SPECIFICATIONS:

TRAQ: Tree Risk Assessment Qualification
USA: Underground Service Alert
Attachment 2
Part II: Bid Proposal, Page 1

ON-CALL TREE SERVICES
PART II: BID PROPOSAL

CITY OF CARMEL-BY-THE-SEA DEPARTMENT OF PUBLIC WORKS

SPECIFICATIONS FOR
On-Call Tree Maintenance Services
Invitation for Bids 22-23-003

BID PROPOSAL
To the Honorable City Council
City of Carmel-by-the-Sea
City Clerk
Eastside of Monte Verde
Between Ocean and Seventh Avenues
Carmel-by-the-Sea, CA 93921
The undersigned declares to have carefully examined the location of the proposed work, that the Scope of Work and Specifications, as set forth herein, have been examined, and hereby proposes to furnish all labor, materials, and equipment and do all the work required to complete said work in accordance with said Scope of Work and Specifications for per unit prices set forth in the following Bid Schedule.

BID APPROVAL:
________________________________

PRINCIPAL/ OWNER
________________________________

COMPANY
________________________________
DATE
Attachment 2
Part II: Bid Proposal, Page 2

ON-CALL TREE SERVICES

BIDDING SCHEDULE

ON-CALL TREE MAINTENANCE SERVICES
INVITATION FOR BIDS 22-23-003
Item
#
Labor Classifications Base Per Hour
Labor Rate
Emergency and/or
Weekend/Holiday
Per Hour Labor Rate
1 Certified Crane Operator (NCCCO)
2 Certified Traffic Control Plan Designer
3 Certified Utility Line Clearance Tree
Trimmer
4 Crew Leader, Foreman, or Lead Worker
5 ISA Certified Arborist
6 ISA Certified Arborist with TRAQ
7 ISA Certified Tree Worker
8 Laborer
9 Licensed Pesticide Applicator (California)
10 Registered Consulting Arborist (ASCA)
11 Tree Worker
Waste Disposal Base Per Ton Rate
Emergency and/or
Weekend/Holiday
Per Ton Rate
12 Waste Disposal Haul Away
Equipment Base Per Hour
Equipment Rate
Emergency and/or
Weekend/Holiday
Per Hour Equipment Rate
13 Aerial Lift Truck – 50 ft. or larger
14 Brush Truck/Dump Truck
15 Chipper
16 Crane-100 foot or larger, 15 metric ton
capacity minimum
17 Log Loader
18 Pickup Truck
19 Stump Grinder
20 Tub Grinder
21 Water Truck with 100 gal. minimum
BID TOTALS OF ITEMS #1-21:
(Basis of Award)
BID TOTALS WRITTEN IN WORDS:

Do not enter “N/A” or leave any Bid Item blank. If a Bid Item cost is included elsewhere, enter $0.00. If the Bidder does not have the specified labor classification on staff, the Bidder shall include the cost for that Attachment 2
Part II: Bid Proposal, Page 3

ON-CALL TREE SERVICES
labor classification as provided by a subcontractor. If the Bidder does not possess the specified equipment, the Bidder shall include the cost for that equipment as provided by a subcontractor or as a rental cost.
“Base Per Hour Labor Rate” refers to the fully burdened rates and includes all of the following costs:
a) Prevailing wage rates, employee benefits, memberships, certifications, transportation to/from jobsite, certified payroll records
b) General company costs, overhead, profit, taxes, and markup for subcontractor labor if the Bidder cannot directly provide the labor listed
c) Insurance, bonds, licenses, and encroachment permit (permit issued at no fee to Contractor) d) Administrative costs, attendance at meetings, notifications to adjacent property owners/residents, coordination with utility companies, site consultations, preparation of Task Orders, Quality Control plan, computers, cell phones, office supplies, incidentals
e) Jobsite costs, portable toilet, temporary utilities, staging/storage areas, temporary fencing, USA Alert tickets, portable and power tools, safety gear, rigging, protection of public and private property, daily cleanup, protecting the site if necessary overnight
f) Implementation of “Environmental/Pollution Prevention Requirements” of the Special Provisions, including compliance with all applicable storm water rules, regulations, ordinances, and statutes, utilizing BMPs, and clean up with proper disposal of any environmental pollutants g) Traffic Control in accordance with the Special Provisions, to maintain vehicular, bicycle, pedestrian, and worker safety during performance of the work, including Traffic Control plan preparation where required, establishing traffic detour(s), street closure notifications, traffic control device placement and maintenance, flagging, barriers, temporary access, removal of detours, and restoration. “Base Per Hour Equipment Rate” refers to fully-burdened rates and includes all of the following costs:
a) Equipment, mileage, fuel, depreciation, vehicle maintenance, insurance, safety inspections b) Markup for subcontracted or rented equipment if the Bidder does not possess the equipment listed c) Mileage to and from home office to project site, (and for dump truck to/from the landfill or other disposal areas)
“Base Per Ton Rate” for Waste Disposal” refers to fully-burdened rates and includes all of the following costs:
a) Landfill tipping fees, and any markup
b) Rates for the dump truck and driver (assumed Laborer, Lead Worker, or Tree Worker) are included with the corresponding labor and equipment classifications, not with the per ton rate. “Emergency and/or Weekend/Holiday (Per Hour Labor Rate, Per Ton Rate, and Per Hour Equipment Rates)” refers to the fully-burdened rates and includes all of the following costs:
a) All of the applicable costs listed above
b) Labor, equipment, and waste disposal performed between the hours of 5:30 pm and 7:30 am with prior City authorization
c) Work done on federal and City-recognized Holidays, with prior City authorization d) Work done on weekends (Saturdays, Sundays), with prior City authorization e) Emergency call backs, such as following a storm, for work not identified on an issued Task Order f) Any labor work performed during Emergency Labor Hours or during Weekend//Holiday Labor Hours shall be no less than one and one-half times the Per Hour Labor amount the Bidder submits for the respective Bid Item(s)
Rates in the Bid Schedule shall be in effect from the date the Contract is Awarded until June 30, 2023. Future years’ rates shall equal the Bid Schedule rates increased per the Consumer Price Index, San Francisco Bay area and per required prevailing wages.

BASIS OF AWARD
Award of Contracts, if any be made, shall be made to the Contractor(s) with the most responsive and responsible bid(s) with the lowest total Base Hourly Rates for Items 1-21 on the Bidding Schedule.

See Appendix A: Bid Forms for Submittal. No Bid Bond or Security is required with the Bid Proposal.

Attachment 2
Part II: Bid Proposal, Page 4

ON-CALL TREE SERVICES
Upon execution of the Contract, subsequent Task Orders will be assigned to individual Contractors at the discretion of the City based on the Contractor availability, past performance, and estimated cost. Reference Part IV, Special Provisions, “Task Order Processing.”

BID CLARIFICATION
Incomplete Bid Schedules will render the bid proposal as non-responsive.

Unit prices (fully-burdened hourly rates) shall be used for all Task Orders, storm water compliance, traffic control, and incidentals necessary for a complete job.

The foregoing quantities in the Bidding Schedule are given as a basis for comparison of bids, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of work or to omit portions of the work as may be deemed necessary.

Bidders may withdraw or revise their bid personally, or upon a written request, or at any time prior to the hour set for the opening of bids, but not thereafter. The City shall not accept faxed copies of bid proposals, affidavits or any other documents where an original document or signature is required by these Specifications. Bids may not be withdrawn for the time period specified in Bid Validity of Part I.

The Non-collusion Declaration included in this document shall be executed and submitted with each bid.

Attachment 2
Part II: Bid Proposal, Page 5

ON-CALL TREE SERVICES
DECLARATION OF BIDDER RE: LICENSE QUALIFICATIONS
Bidder certifies he/she possesses a license in accordance with a State Act providing for the registration of Contractors. License No.: , Class: , Expiration date: .

THE FOREGOING INFORMATION IS TRUE AND CORRECT AND IS EXECUTED UNDER PENALTY

OR PERJURY IN
COUNTY, CALIFORNIA, ON , 2023.

Name of Firm:

Address:

Telephone:

Email:
(If firm is an individual, so state. If a firm or co-partnership, state the firm name and give the name(s) of person(s) authorized to execute the declaration on its behalf.)

FAILURE TO PROVIDE ANY OF THE INFORMATION REQUIRED HEREIN INCLUDING

CONTRACTOR SIGNATURES MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE Signature Printed Name and Title

ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall list below any and all addenda issued for this project. Failure to list issued addenda will result in a non-responsive bid:

ADDENDA DATE RECEIVED INITIAL

1. 2.

EXAMPLE TREE MAINTENANCE / ON-CALL CONTRACTS
Bidder shall list at least three (3) jobs of a similar nature completed by the Bidder within the past five (5) years. (Please include Reference Contact Information on the following page.) Date Contract
Amount
Organization/Client Job Types Project Location
Attachment 2
Part II: Bid Proposal, Page 6

ON-CALL TREE SERVICES

REFERENCES
List at least three (3) organizations of similar size, scope, and cost where the same/similar services, as stated herein, have been provided. The City reserves the right to contact any reference or any client listed in the documents for information which may be helpful to the City in evaluating the Contractor’s performance on previous assignments.

ORGANIZATION/CLIENT
Contact Person Title
Address City State Zip
Phone Number

ORGANIZATION/CLIENT
Email
Contact Person Title
Address City State Zip
Phone Number Email

ORGANIZATION/CLIENT
Contact Person Title
Address City State Zip
Phone Number Email
Attachment 2
Part II: Bid Proposal, Page 7

ON-CALL TREE SERVICES

SUBCONTRACTORS LIST
The Bidder shall list below the name, location of the place of business, and California Contractor license number of any subcontractors proposed to perform work or labor or render service on this project, or a subcontractor licensed by the State of California who will perform a portion of the work per the Specifications of this project, whose work is in excess of one-half (1/2) of one (1) percent of the Bidder’s total bid or ten thousand dollars ($10,000), whichever is greater:

Name of Subcontractor California Contractor
License Number
California DIR
Registration
Number
Location of
Place of
Business
Trade or
Portion of
Work

CERTIFICATIONS OF KEY PERSONNEL
Contractors must have an ISA certified arborist on staff. Bidders must complete the following table and provide copies of staff certifications, credentials, and/or memberships (ISA, ASCA, TCIA, NCCCO) with the Bid Proposal.

Employee (including
Subcontractor’s Employee)
Labor Classification Certification Type
and Number
Attachment 2
Part II: Bid Proposal, Page 8

ON-CALL TREE SERVICES

NONCOLLUSION DECLARATION

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

I am the __________________________ of ____________________________, the party making the foregoing bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on this day of 2023 in [City], County, California.

Signature
Printed Name and Title
Company
Attachment 2
Part II: Bid Proposal, Page 9

ON-CALL TREE SERVICES

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

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

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

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

I declare under penalty of perjury that the foregoing is true and correct and that this certification is signed this ___________________day of _________________________, 2023 in ________________________[City], ______________________________County, California.

Signature
Printed Name and Title
Company
Attachment 2
Part II: Bid Proposal, Page 10

ON-CALL TREE SERVICES
CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE
I, the of
(Name) (Title)
, declare, state, and certify that:
(Contractor Name)

1. I am aware that California Labor Code § 3700(a) and (b) provides:
“Every employer except the state shall secure the payment of compensation in one or more of the following ways:
c. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state.
d. By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.”

3. I am aware that the provisions of California Labor Code §3700 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 this Contract.
(Contractor Name)
By:
(Signature)
(Company)
Attachment 2
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PART III: GENERAL PROVISIONS

BIDDING

JOB SITE AND DOCUMENT EXAMINATION
The Bidder is required to thoroughly examine the job site, Specifications including the Sample Contract Form and Task Order Form (See Appendices B and C) for the work contemplated, and it will be assumed that the Bidder has investigated and is satisfied as to the requirements of the Specifications, including the Contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the Bidder has made such examination.

BID DOCUMENT COMPLETION
Proposals to receive consideration shall be made in accordance with the following instructions:

The proposal shall be made upon the form provided therefore with all items filled out (Appendix A, page 2 of these Specifications). The completed forms must be without interlineations, alterations, erasures, or omissions. All submitted documents must be in original form (no photocopies or faxes).

CONTRACT AWARD AND EXECUTION

CONTRACT AWARD
The Contract shall be awarded, if an award is made, to the most qualified and lowest responsive, responsible Bidders as defined in Part II, Bid Clarification, of these Specifications, within ninety (90) calendar days from the date bids are publicly opened, examined and declared. Upon execution of the Contract, subsequent Task Orders will be assigned to individual Contractors at the discretion of the City based on the Contractor availability, past performance, and estimated cost. If the award is not made within the specified period, then all of the bids submitted shall be deemed to have been rejected by the legislative body.

CONTRACT EXECUTION
A Contract shall not be deemed to have been made between the Contractor and the City of Carmel-bythe-Sea until all of the following steps have been completed:

1. Award of the Contract by the City Council,

2. Within fifteen (15) calendar days after written notice that a Contract has been awarded to the Contractor (Notice of Award), the Contractor shall submit two (2) signed original Contracts, required bonds or alternative security, evidence of insurance that conforms to the Contract, and City of Carmel- by-the-Sea Business License or evidence of application for said license.

3. Upon approval of the foregoing documents, the City will execute the Contract and return an original to the Contractor.

4. The City will then issue a Notice to Proceed authorizing Contractor to begin work upon approval of subsequent Task Orders.

SCOPE OF WORK
INTENT
The work to be done consists of furnishing all labor, materials, methods, processes, tools, equipment, incidentals and machinery, which are necessary and required to complete the Contract in a satisfactory and worker-like manner.

The intent of the Specifications is to prescribe the details for the completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract. Where the Specifications describe Attachment 2
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portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the best quality are to be used.

CHANGES AND EXTRA WORK
The City Forester reserves the right to make such alterations, deviations, additions to or omissions from the Specifications, including the right to increase or decrease the quantity of any item or portion of the work or to omit any items or portion of the work, as may be deemed by the City Forester to be necessary or advisable, and to require such extra work as may be determined by the City Forester to be necessary for the proper completion of the whole work contemplated.

When special conditions arise, such as mitigation of unforeseen conditions or additional work, the work shall be negotiated as “extra work”. Approved Change Orders, to be issued as subsequent Task Orders, shall describe the changes or extra work, Contract time adjustments and payment basis for such work as applicable. Change Orders are valid Contract amendments when approved and signed by the City and Contractor. All non-emergency changes and extra work must be negotiated and approved by a written Change Order/Task Order before the work is performed.

CLEANUP
All work sites shall be kept as clear of equipment, material and waste material as is practicable at all times.

The City’s representative shall make the determination that this requirement is being complied with.

If the City is required to provide cleanup of the work sites due to failure of the Contractor to so provide, the City shall charge the Contractor the actual cost of labor and materials and may deduct said costs from any monies due and owing the Contractor.

Upon completion and before making an application for acceptance of the work, the Contractor shall clean the areas of work, and all ground occupied in connection with the work, of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work shall be left in a neat and presentable condition.

CONTROL OF WORK

CONTRACT COMPONENTS
These Specifications and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all; they are intended to be cooperative, to describe, and to provide for a complete job.

All authorized alterations affecting the requirements and information given in the Specifications shall be in writing. No changes shall be made on any Plan or Specification after the same has been approved by the Director of Public Works or the City Forester.

In the event of discrepancy, written dimensions shall take precedence over scaled dimensions.

AUTHORITY
The City Forester shall respond to any and all inquiries as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all inquiries as to the interpretation of the Specifications; all inquiries as to the acceptable fulfillment of the Contract on the part of the Contractor; and all inquiries as to claims and compensation. The City Forester shall have authority to enforce and make effective such responses.

In the event of doubt or question relative to the true meaning of the Specifications, reference shall be Attachment 2
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made to the Director of Public Works, whose decision thereon shall be final.

SUBCONTRACTING
Any Proposed substitution of subcontractors must comply with the requirements of the Subletting and Subcontracting Fair Practices Act, California Public Contract Code §4100, et seq.

The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the work under his control.

Subcontractors engaged in the work will be considered as employees of the Contractor, and their work shall be subject to the same provisions of the Contract and Specifications.

Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City Forester, the subcontractor shall be removed immediately on the request of the City Forester and shall not again be employed on the work.

REPRESENTATIVE
The Contractor shall assign a representative and submit contact information (name, telephone number, email address) to the City. If the after-hours representative is different than the on-site representative, provide contact information for both.

The Contractor shall be constantly on the work during its progress or shall be represented by a foreman who is competent to receive and carry out instructions which may be given by the proper authorities, and the Contractor shall be held liable for the faithful observance of any lawful instructions of the City Forester not in conflict with the Contract, and which may be delivered to the Contractor, Contractor’s superintendent, foreman, or other representatives on the work. If the Contractor believes the City Forester’s instructions are in conflict with the Contract, the Contractor shall immediately bring it to the attention of the Director of Public Works in writing.

EQUIPMENT
While certain sections of these Specifications may provide that equipment of a particular size and type is to be used to perform portions of the work, it is to be understood that the development and use of new or improved equipment is to beencouraged.

The Contractor may request, in writing, permission from the City Forester to use equipment of a different size or type in place of the equipment specified.

The City Forester, before considering or granting such request, may require the Contractor to furnish, at Contractor’s expense, evidence satisfactory to the City Forester that the equipment proposed for use by the Contractor is capable of producing work equal to, or better than, that which can be produced by the equipment specified.

PROPERTY AND FACILITY PRESERVATION
Attention is directed to Section 5-1.36, Property and Facility Preservation; Section 7-1.05, Indemnification; and Section 7-1.06, Insurance, of the Standard Specifications. Due care shall be exercised to avoid injury to existing street improvements or facilities, utility facilities, adjacent property, roadside trees and shrubbery that are not to be removed.

The Contractor shall be held responsible for any damages to existing streets, highways, roads, driveways, sidewalks, curbs, gutters, utilities, trees, other public facilities or private property caused by Contractor's Attachment 2
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operations. Where the work calls for cutting into or disturbing existing materials, the Contractor shall patch or repair the existing area to a neat, finished product. This shall include touch up or repair existing facilities which were disturbed, and repair to the same structural capacity as the existing facility or better.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in protecting or repairing property, shall be considered as included in the unit prices paid for the various Contract items of work, and no additional compensation will be allowed therefor.

POTENTIAL CLAIMS AND DISPUTE RESOLUTION
Potential claims and dispute resolution shall be in accordance with Section 5-1.43, Potential Claims and Dispute Resolution, of the Standard Specifications. Also refer to Resolution of Claims in the Special Provisions.

CONTRACTOR'S RESPONSIBILITY FOR WORK
All work which is deficient in any of the requirements of the Specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction.

The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the Contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked or approved by the City Forester and estimated for payment.

Upon failure on the part of the Contractor to comply without delay with any order of the City Forester made under the provisions of this article, the City Forester shall have authority to cause defective work to be remedied. The cost of removing, replacing, or repairing said defective or unauthorized work may be deducted from any monies due and owing the Contractor until the Contractor remedies, removes, replaces, or repairs defective work.

Until the formal acceptance of the work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by the acts of the federal government or the public enemy.

At all times during contracted tree service activities, the firm shall have work crews on site that are represented by a foreman or supervisor who can receive and carry out instructions given by designated City Representatives in English.

EMPLOYEES
All workmanship shall be fully up to the highest standard and practice. The employment of labor shall comply with the prevailing local labor conditions, and the Contractor shall employ only competent, careful, orderly persons upon the work. If at any time it shall appear to a City representative that any person employed upon the work is incompetent, careless, reckless, or disorderly, or disobeys or evades orders and instructions, such person shall be immediately removed from the project and not again employed upon the work.

Attachment 2
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CONTROL OF MATERIALS

GENERAL
The Contractor shall furnish without charge such samples of materials and tests of materials as are required by the Specifications or the City Forester. No material shall be used until it has been approved by the City Forester.

All tests of materials ordered by the City Forester and made by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods of tests as are prescribed in the Specifications.

All materials not conforming to the requirements of the Specifications shall be considered defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the City Forester. No rejected materials, the defects of which have been subsequently corrected, shall be used until approved in writing by the City Forester.

Upon failure on the part of the Contractor to comply with any order of the City Forester made under the provisions of this article, the City Forester shall have authority to remove and replace defective material.

The cost of removing, replacing or repairing said defective or unauthorized material may be deducted from any monies due and owing the Contractor but said right of set-off shall be an alternative and not the sole remedy of the City.

For convenience in designation in the Specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information.

The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, provided that the burden of proof as to the quality and suitability of alternatives shall be upon the Contractor who shall furnish, at the Contractor’s expense, all information necessary as required by the City Forester who shall be the sole judge as to the quality and suitability of alternative articles or materials and that decision shall be final.

MATERIAL SOURCE
The source of supply of each of the materials shall be approved by the City Forester before delivery is started and before such material is used in the work.

City water is available at the Del Mar Parking Lot, and is provided at no charge for purposes related to the Work.

LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
LAWS
The Contractor shall be kept informed of existing and future state and federal laws and municipal ordinances and regulations of the City which affect those engaged or employed in the work, or the materials used in the work, or which affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

All work shall comply with all governing laws, regulations, and ordinances of the City, which shall be considered for the purpose of Contract to which the Specifications refer, a part thereof. The Contractor shall give to the proper authorities all necessary notices relative to the work, and shall obtain and pay for all such permits, licenses, notices, inspections, or tests required as part of the Contract price. Permits issued by the City for work done under this Contract shall be issued at no charge.

All Bidders and Contractors shall be licensed in accordance with the laws of this State, specifically the provisions of the Business and Professions Code, Division 3, Chapter 9. Any Bidder or Contractor not so Attachment 2
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licensed is subject to the penalties imposed by such laws. In accordance with the requirements in Public Contract Code Section 10164, in all contracts where Federal funds are involved, the Contractor shall be properly licensed at the time the Contract is awarded.

NONDISCRIMINATION
The Contractor shall comply with Section 1735 of the Labor Code, which reads as follows:

A Contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every Contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.

The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform Work under the Contract.

LABOR CODE
In accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, and 1771.4 of the Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any Contract for public work, as defined by that chapter of the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. Notice of this requirement shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the Contractor or subcontractor’s current registration to perform public work pursuant to Section 1725.5.

An inadvertent error in listing a subcontractor that is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any one of the provisions of Section 1771.(c)(1)-(3) applies. Failure of a listed subcontractor to be registered shall be grounds for the Contractor to substitute a registered subcontractor for the unregistered subcontractor. The City shall not accept any bid, nor shall the City or Bidder enter any Contract, without proof of the Contractor or subcontractor’s current registration to perform public work pursuant to Section 1725.5 of the Labor Code. The prime Contractor shall post job site notices, as required by Section 1771.4(a) (2) of the Labor Code and regulations. The prime Contractor shall submit records to the Labor Commissioner, as required by Sections 1771.4(a), and 1776 of the Labor Code.

WAGES
Local prevailing wage rates shall be paid in accordance with Sections 1770, 1773, and 1782, as amended, of the California Labor Code, on all Public Works Contracts exceeding one thousand dollars ($1,000).

The Contractor and all Subcontractors under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the DIR for the work or craft in which the worker is employed for any public work (City) done under the contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of the penalty shall be determined by the Labor Commissioner and shall be based on the following considerations
(i) Whether the failure of the Contractor or subcontractor to pay the correct rate of per diem wages was a Attachment 2
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good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or subcontractor.
(ii) Whether the Contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.

In addition to the penalty and pursuant to Labor Code Section 1775€, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor.

This section must be complied with.

If a worker employed by a subcontractor on a Public Works project is not paid the general prevailing per diem wages by the subcontractor, the prime Contractor of the project is not liable for the penalties described above unless the prime Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime Contractor fails to comply with all of the following requirements:

1. The Contract executed between the Contractor and the subcontractor for the performance of Work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813 and 1815 of the Labor Code.

2. The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.

3. Upon becoming aware of the subcontractor's failure to pay his or her workers specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for Work performed on the public works project.

4. Prior to making final payment to the subcontractor for Work performed on the Public Works (City) project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages his or her employees on the Public Works project and any amounts due pursuant to Section 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a Public Works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.

If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the City did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved.

If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the City. These moneys shall be retained by the City pending the final decision of an enforcement action.

Pursuant to the requirements in Section 1773 of the Labor Code, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality Attachment 2
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in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. The holidays upon which those rates shall be paid need not be specified by the awarding body, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code.

The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Web Site at: http://www.dir.ca.gov.

The wage rates determined by the Department of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the Contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for Work performed after this date has been determined. If Work is to extend past this date, the new rate shall be paid and incorporated in the Contract. The Contractor shall contact the Department of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of theWork.

In lieu of specifying the rate of wages in the call for bids, and in the bid Specifications and in the Contract itself, the awarding body may, in the call for bids, bid Specifications, and Contract, include a statement that copies of the prevailing rate of per diem wages are on file at its principal office, which shall be made available to any interested party on request. The awarding body shall also cause a copy of the determination of the director of the prevailing rate of per diem wages to be posted at each job site.

CERTIFIED PAYROLL RECORDS
The Contractor shall conform to the requirements in Labor Code Section 1776 concerning payroll records.

Regulations implementing Labor Code Section 1776 are located in Sections 16016 through 16019 and Sections 16207.10 through 16207.19 of Title 8, California Code of Regulations. The Contractor and each subcontractor shall preserve their payroll records for a period of 3 years from the date of completion of the Contract.

APPRENTICES
The Contractor and subcontractors shall comply with the provisions in Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Code of Regulations Section 200 et seq. To ensure compliance and complete understanding of the law regarding apprentices, and specifically the required ratio there under, the Contractor and each subcontractor should, where some question exists, contact the Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, CA 94102, or one of its branch offices prior to commencement of Work on the Contract. Responsibility for compliance with this section lies with the Contractor. It is State and City policy to encourage the employment and training of apprentices on public works contracts as may be permitted under local apprenticeship standards.

WORKING HOURS
Eight hours labor constitutes a legal day's Work. The Contractor or any subcontractor under the Contractor shall forfeit, as a penalty to the State of California, twenty five dollars ($25) or such other amount as may be amended by the Department of Industrial Relations from time to time for each worker employed in the execution of the Contract by the respective Contractor or subcontractor for each calendar day during which that worker is required or permitted to Work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the requirements of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that Work performed by employees of Contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours Attachment 2
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worked in excess of 8 hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 thereof.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS
The Contractor shall conform to all local, state and federal rules and regulations pertaining to safety, including compliance with ANSI 2133. Furnished equipment, material and services shall comply with all OSHA Standards and regulations and all applicable governmental laws and orders. The Contractor shall post an OSHA poster in a conspicuous location as required by law.

PUBLIC CONVENIENCE AND PUBLIC SAFETY
Contractor is to notify the City Forester of the start date and schedule at least one (1) calendar day prior to the planned start of work unless otherwise noted in the issued Task Orders (Appendix C).

The Contractor shall conduct his operations as to cause the least possible inconvenience to public traffic, including bicycles and pedestrians. The Contractor shall provide traffic control devices and personnel where necessary in conformance with good traffic safety standards. The Contractor shall provide sufficient warning signs or devices to give adequate notice to the public of dangerous or changed conditions existing during work. The Public Works Director, or designee, shall determine the adequacy of said devices and, in cases of dispute, their determination shall be final.

If the City is required to provide traffic direction, signs or devices, due either to failure of the Contractor to so provide or in case of emergency, the City shall charge Contractor the actual cost of labor and materials and may deduct said costs from any monies due and owing the Contractor.

WORKERS’ COMPENSATION
Pursuant to the requirements in Section 1860 of the Labor Code, the Contractor will be required to secure the payment of workers' compensation to the Contractor's employees in conformance with the requirements in Section 3700 of the Labor Code.

RIGHT OF PROPERTY
Nothing in the Contract shall be construed as vesting the Contractor with any right of property in the materials furnished and used in the work herein provided for after they have been attached to the work and have become an integral portion of the work herein provided. All such materials shall, upon their becoming an integral part of the work herein provided, be, and remain, the property of the City.

PATENTS
If any material, composition, process, method, or anything else called for or required by the Specifications or used in the work is covered by letter patent, all royalties and expenses thereof, all litigation thereupon, or anything whatsoever which may develop as a cost from the use of such materials, composition, process, method, or any other thing which is covered by letter patent, shall be borne by the Contractor.

INCREASED FORCE
In case of emergency involving danger to life or property, continuous work with increased force may be required by the Director of Public Works.

LIABILITIES
Right of general supervision by the City shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons or to public or private property arising from the Contractor's Attachment 2
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execution of the work shall not be lessened because of such general supervision.

PROSECUTION AND PROGRESS

GENERAL
If at any time in the opinion of the City Forester, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the Contract, notice thereof in writing shall be served upon the Contractor. Should the Contractor neglect or refuse to provide means for a satisfactory compliance with the Contract, as directed by the City Forester, within the time specified in such notice, the City Forester in any such case shall have the power to suspend the operation of the Contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City may designate.

Upon such suspension, the Contractor's control shall terminate, and thereupon the City Forester or duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said Contract, and hire such force and buy or rent such additional machinery and appliances, tools, and equipment and buy or rent such additional materials and supplies at the Contractor's expense as may be necessary for the proper completion of the work; or may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for in such manner as the City may deem proper; or the City may annul and cancel the Contract and re-let the work or any part thereof.

Any excess of cost arising therefrom over and above the Contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this Contract shall be forfeited to the City, but such forfeiture will not release the Contractor or his sureties from liability for failure to fulfill the Contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the Contract price, arising from the suspension of the operations of the Contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid.

In the determination of the question whether there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Administrator shall be binding on all parties to the Contract.

SUSPENSIONS AND DELAYS
The City Forester shall have the authority to suspend the work wholly or in part, for such period as the City Forester may deem necessary due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as the City Forester may deem necessary due to the failure on the part of the Contractor to carry out City Forester’s orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the City Forester and shall not resume work until ordered in writing by the City Forester.

Any act of, or any omission of anything required to be done by the City, its officers, agents or employees which shall cause the Contractor delay in the completion of the work shall be a ground for extension of time on the part of the Contractor to complete the work but shall not grant the Contractor any monetary damages for such delay.

RIGHTS OF WAY AND STAGING AREA
Rights-of-way or easements for the work will be provided by the City. The Contractor shall make his own Attachment 2
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arrangements and pay all expenses for additional areas, including a staging area, required by him outside of the limits of rights-of-way or easements. In the event of delay on the part of the City, its officers, agents or employees in obtaining any such rights-of-way or easements for the work, then the Contractor shall be granted extra time by the City for the completion of his Contract for the period caused by such delay but shall have no damages against the City, its officers, agents or employees.

PAYMENT

GENERAL
The City pays for the Contractor furnishing the resources and activities to complete the work. The Contractor shall accept the City’s payment as full compensation for furnishing the resources and activities, including, but not limited to all labor, materials, tools, equipment, taxes and incidentals necessary to complete the work and for performing all work contemplated, and embraced under the Contract; also for loss or damage arising from the nature of the work or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the formal acceptance by the City, and for all risks of every description connected with the prosecution of the work; also for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified, and for completing the work according to the Specifications.

The City shall not be obligated to process any payment request until thirty (30) calendar days after receipt of a correct, complete and undisputed progress payment request or sixty (60) calendar days after receipt of a correct, complete and undisputed final payment request. Payments not made within the specified time periods are subject to an interest rate of two percent (2%) per month. A payment request shall not be deemed complete unless all related documentation has been supplied and verified, and all related Contract requirements have been satisfactorily met.

PROGRESS PAYMENTS
The Contractor shall, once each month, make an estimate in writing of the total amount of work done to the time of such estimate and the value thereof, and request payment for that work.

Upon approval of the progress payment request, the City Forester shall cause to be paid to the Contractor the balance not retained as aforesaid, after deducting therefrom all previous payments and all sums to be withheld or retained under the provisions of the Contract. No such estimate or payment shall be required to be made when, in the judgment of the City Forester, the work is not proceeding in accordance with the provisions of the Contract, or when in the judgment of the City Forester, the total value of the work done since the last estimate amounts to less than one thousand dollars ($1,000.00).

No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.

PAYMENT AFTER CONTRACT ACCEPTANCE
Final payment, including all sums withheld or retained as herein before specified as partial security for the fulfillment of the Contract, shall be paid promptly by the City after expiration of the lien period (see California Civil Code § 3179 et seq.), providing there are no disputes arising from the performance of the Contract or the amount due.

Attachment 2
Part IV: Special Provisions, Page 1

ON-CALL TREE SERVICES
PART IV: SPECIAL PROVISIONS

GENERAL
The City is soliciting bids from qualified, C-61/D-49 limited specialty licensed tree Contractors for On-Call Tree Maintenance Services to perform all aspects of urban forestry. The work, in general, consists of maintenance of trees within the public right-of-way, as well as trees on City properties, that are scheduled for standard, priority, and emergency maintenance services. Tree maintenance work may include, but is not limited to: tree planting, staking, watering, pruning, chipping, removal and stump grinding. The selected firm(s) must also be available to respond to the City’s emergency tree issues, as well as provide consulting arborist services.

SPECIFICATIONS
A component in one Contract part applies as if appearing in each. The parts are complementary and describe and provide for a complete work. The work embraced herein shall be done in accordance with the appropriate provisions of the Standard Specifications insofar as the same may apply, and in accordance with these Specifications. In case of conflict between the Standard Specifications and these Special Provisions, the order of precedence shall be as follows:

Special Provisions, including Supplemental Special Provisions, if any, shall take precedence over Standard Specifications. These Special Provisions shall also take precedence over conflicting portions of the "General Provisions, Part III" of these project Specifications.

CONTRACT BONDS
The Contractor, at the time of signing and executing the Contract, shall execute and file with the City a Performance Bond to the satisfaction and approval of said City, in a sum of 100% of the annual Contract value, conditional upon the faithful performance of the Contract. For additional information, see Guarantees elsewhere in these Specifications.

The Contractor, at the time of signing and executing any Contract in excess of twenty-five thousand dollars ($25,000), shall execute and file with the City a Payment Bond (labor and materials bond) to the satisfaction and approval of said City, in a sum of 100% of the annual Contract value in accordance with Public Contract Code §9550 et seq.

Please refer to Appendix B: Sample Contract, Performance Bond, and Payment Bond forms.

The surety shall be an admitted carrier in California with a valid surety license and possess a minimum rating from A. M. Best Company of A-VII. The Surety must be listed as an acceptable surety on federal bonds by the United Stated Department of the Treasury, subject to the maximum amount shown in the listing. If co-sureties are used, their bonds shall be on a joint and several basis.

Notwithstanding the above, the Contractor may substitute adequate securities for any bond called for under the provisions of these Specifications as set forth in Public Contracts Code Section 22300.

Alternate security substitutions shall be submitted to the City no later than ten (10) calendar days after written notice that a Contract has been awarded to the Contractor to allow processing and escrow agreement for in lieu security.

The Contractor shall submit the Contract with his signature affixed thereto, required bonds or alternate security and evidence of insurance that conforms to the Contract within fifteen (15) calendar days after written notice that a Contract has been awarded to him.

TIME LIMITS
The Contractor shall submit the Contract with his signature affixed thereto, required bonds or alternative security and evidence of insurance that conforms to the Contract within fifteen (15) calendar days after written notice that a Contract has been awarded to him.

Attachment 2
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ON-CALL TREE SERVICES
A Notice to Proceed for this Contract will be issued upon receipt of the foregoing documents and execution of the Contract by the City. The Contractor shall be ready to commence work within ten (10) calendar days after the effective date of said Notice to Proceed.

The annual Contract term, and remaining balance of Contract Value, if any, will expire on June 30 each year, at which time a Change Order will be processed for the next Fiscal Year with a new Contract Value to be determined by the City Council.

LICENSES AND PERMITS
Prior to the execution of any contractual agreements, the successful Contractor shall obtain at Contractor’s expense a City of Carmel-by-the-Sea Business License. In addition, the Contractor shall be required to obtain and hold a Public Works Encroachment Permit from the City of Carmel Community Planning and Building Department. Contractor shall provide a copy of the approved permit(s) to the Public Works Department no later than three (3) calendar days prior to the start of work. City permit application fee(s) shall be waived. See also subsection “Certifications of Key Personnel” in Part II: Bid Proposal.

SITE INSPECTION
It shall be the Contractor's responsibility to inspect the site and become thoroughly familiar with all aspects of the work to be done prior to submitting the Task Order form to the City.

The submission of a bid shall be conclusive evidence that the Bidder has investigated the site and is thoroughly satisfied as to the conditions to be encountered, as to the character, quality, and scope of the work to be performed; the quantity of materials to be furnished; and as to all the requirements of these Specifications.

It shall be the Contractor's responsibility to be aware of surface and subsurface drainage conditions that may exist at the site. The Contractor is further responsible for work necessary to rectify any resulting drainage problems; labor, materials, equipment, and incidentals necessary to achieve the solution shall be borne by the Contractor.

SUBMITTALS
The review of submittals and approval thereof by the City does not relieve the Contractor from compliance with the requirements and intentions of the Specifications to which the submittals pertain. It is recommended that the Contractor submits all required submittals as soon as possible at the start of the project.

Submittal Format:

1. Contractor shall submit individually bound copies of all submittals and revised submittals to the City’s City Forester. A minimum of two (2) copies shall be submitted. Submittal submission may be done in PDF form via email.

2. All submittals shall have a cover sheet containing the following:
a. Submittal date, submittal number and submittal revision number (as applicable) b. City Project Name

3. Each submittal item shall clearly identify the specification section(s) and paragraph(s) for which the submittal item pertains to.

4. The City and its Design Professionals will endeavor to return complete and proper submittals within five (5) working days. However, the Contractor is not guaranteed a specific review time period. If Contractor requests a quick submittal turnaround of specific submittal item(s), Contractor must indicate which submittal item(s) require a quick turnaround by attaching a memo to the submittal indicating such and the requested turnaround period. The City shall make every effort to meet the requested review period. Incomplete and/or inaccurate submittals may take additional time for Attachment 2
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ON-CALL TREE SERVICES
review.

5. Contractor shall place orders for all materials or equipment in time to prevent any delays to the work schedule or project completion. If any materials or equipment are not ordered in a timely fashion, any additional charges made by equipment manufacturers and/or suppliers to complete the manufacturer and/or delivery in time to meet the work schedule or project completion, together with any special handling charges, shall be borne by the Contractor.

Submittal Content and Product Data:

1. Contractor shall review all submittals, including submittals by Subcontractors, prior to submission to the City.

2. Submittals shall contain all required information such as shop drawings, product data, samples, etc.

3. Each submittal item shall be identified by manufacturer, brand name, trade name, model number, size, rating and additional information as is necessary to properly identify and verify the materials and equipment. The phrase “as specified” is not sufficient.

4. Where possible, submittal information shall be limited to the specific item being submitted. In the event multiple materials or equipment are described in one submittal, Contractor shall clearly identify the pertinent information being submitted on.

5. Accessories, controls, finish, etc. not required to be submitted or identified with the submittal shall be furnished and installed as specified.

PROTECTION OF PRIVATE PROPERTY
Private property grounds and facilities, if damaged or removed because of the Contractor's operations, shall be restored or replaced to same or better than the original condition and located in the same position and alignment as is reasonably possible. Contractor shall obtain release from private property owner upon repair or restoration of damaged improvements.

QUALITY CONTROL
Contractor Responsibility
The Contractor shall establish and maintain an effective quality control system in compliance with the Specifications. The quality control system shall consist of submittals, procedures, and organization necessary to provide materials, equipment, workmanship, fabrication, and operations which comply with Contract requirements. The system shall cover operations both onsite and offsite, and shall be keyed to the proposed sequence.

Quality Control Plan Implementation

1. Pre-Work Conference. During the pre-work conference, a mutual understanding of the CQC system details shall be developed, including the forms for recording the CQC operations, control activities, testing, administration of the system for both onsite and offsite work, and the interrelationship of Contractor's management with the City's inspections. Minutes of the conference shall be prepared by the City. The minutes shall become a part of the Contract file. There may also be occasions when subsequent conferences will be called to reconfirm mutual understandings.

2. Daily Reports: The Contractor shall provide copies of daily reports which describe the work performed, weather conditions, personnel and equipment on site, and quality control activities performed. The Contractor will not be paid for work prior to City Forester reviewing and accepting daily reports for the period of time payment is requested.

Attachment 2
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ON-CALL TREE SERVICES

3. Acceptance of Plan. Acceptance of the Contractor's plan is required prior to the start of work.

Acceptance is conditional and will be predicated on satisfactory performance during the work. The City Forester reserves the right to require the Contractor to make changes in the CQC plan and operations as necessary to obtain the quality specified.

GUARANTEE
Materials and labor guarantees shall be per Part III of these Specifications. All warranty shall be to the satisfaction of the City. Final payment will not be released without submission of warrantees.

REGULATIONS
The Contractor and all subcontractors shall give notices and comply with all laws, ordinances, rules, and regulations applicable to the work, safety and hiring/employment practices. Nothing in the Specifications shall be construed to permit work not conforming to the regulations and codes set forth herein which include, but are not limited to the following:

1. Americans with Disabilities Act (ADA) accessibility and employment standards. In the event of conflicting federal and state standards, the standard that provides greater access will take precedence.

2. California Building Code, latest edition as adopted by the City of Carmel-by-the-Sea

3. California Electrical Code, latest edition as adopted by the City of Carmel-by-the-Sea

4. California Mechanical Code, latest edition as adopted by the City of Carmel-by-the-Sea

5. California Plumbing Code, latest edition as adopted by the City of Carmel-by-the-Sea

6. California Green Building Standards Code, latest edition as adopted by the City Carmel-by-theSea

7. California Historic Building Code, latest edition as adopted by the City of Carmel-by-the-Sea

8. California Occupational Safety and Health Administrative Code, latest edition

9. California Government Code Section 4216, Protection of Underground Infrastructure

10. National Fire Protection Association NFPA 1 Fire Code, latest edition

11. National Fire Protection Association NFPA 13, 13R, 13D Fire Sprinklers Code, latest edition

12. National Fire Protection Association NFPA 72 Fire Alarm Systems Code, latest edition

13. California Labor Code

14. Federal Water Pollution Control Act (Clean Water Act), and,

15. Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.).

PUBLIC SAFETY AND PROTECTION OF THE WORK
The Contractor shall furnish, erect and maintain such fences, barricades, guards, lights and other devices as are necessary to prevent accidents and avoid damage to the work area or injury to the public. No separate payment shall be made for such work. If in the opinion of the City Forester, adequate barricades Attachment 2
Part IV: Special Provisions, Page 5

ON-CALL TREE SERVICES
or warning devices are not being properly maintained by the Contractor, the City may furnish and erect same and charge the Contractor therefore. Attention is directed to Sections 7-l.03 "Public Convenience" and 7-l.04, "Public Safety", of the Standard Specifications published by the State of California Department of Transportation.

INDEMNIFICATION AND HOLD HARMLESS
To the fullest extent permitted by law, Contractor agrees to indemnify, investigate, defend (at Contractor’s sole cost and expense and with legal counsel reasonably approved by City), protect and hold harmless, the City of Carmel-by-the-Sea, its officials, officers, employees, agents, and representatives from and against any and all claims [including, without limitation, claims for bodily injury or death (including but not limited to Contractor, persons employed by Contractor, persons acting on behalf of Contractor, and third parties) or damage to property], demands, obligations, losses, damages, actions, causes of action, suits, judgments, fines, penalties, liabilities, defense costs, and expenses (including, without limitation, reasonable attorneys’ fees as determined by the Court, disbursements, and court costs, and all other professional, expert, or Contractors’ fees and costs) of every kind or nature arising out of or in connection with or relating to any work or activities of Contractor (or Contractor’s subcontractors, if any) conducted under this Contract or arising out of the failure on Contractor’s part to perform their obligations under this Contract. Except as provided by law, the indemnification provisions stated above shall apply regardless of the existence or degree of fault of the City, except for those claims which arise out of the active negligence, sole negligence, or willful misconduct of the City of Carmel-by-the-Sea.

Notwithstanding the provisions of the above paragraph, Contractor agrees to assume all risk and to indemnify and hold harmless the City from and against any and all claims, demands, defense costs, liability, expense, or damages of any kind or nature arising out of or in connection with damage to or loss of any property belonging to Contractor or Contractor’s employees, contractors, representatives, patrons, guests, or invitees.

Contractor further agrees to indemnify City for damage to or loss of City property arising out of or in connection with Contractor’s work associated with this Contract or arising out of any act or omission of Contractor or any of Contractor’s employees, agents, contractors, representatives, patrons, guests, or invitees; excepting such damage or loss arising out of the negligence of the City.

INSURANCE
Contractor shall procure and maintain, at its own cost, in effect throughout the term of the Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMITS OF INSURANCE

1. Commercial General Liability (CGL) Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than two million dollars, ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location, or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability ISO Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability Insurance for professional arborist consulting services, with limits of not less than one million dollars ($1,000,000) per occurance or claim and two million dollars ($2,000,000) in the aggregate. Consultant will have a policy for professional liability coverage that provides coverage on an Attachment 2
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ON-CALL TREE SERVICES
occurrence basis or obtain extended reporting (tail) coverage (with the same liability limits) for at least three (3) years following the City’s acceptance of the work.

5. Surety Bonds as described above in the CONTRACT BONDS subsection.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer to reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City.

OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers, shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with prior written notice to the City of at least 30 days of cancellation.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Subcontractors
Contractor shall either (1) insure the activities of its subcontractors in its policies; or (2) require and verify that each of its subcontractors procure and maintain insurance meeting all the requirements stated herein, with Contractor ensuring that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

Special Risks or Circumstances
Attachment 2
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ON-CALL TREE SERVICES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

Verification of Coverage
Contractor shall furnish the City with certificates of insurance and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these Specifications, at any time.

Neither the insurance requirements hereunder, nor acceptance or approval of Contractor’s insurance, nor whether any claims are covered under any insurance, shall in any way modify or change Contractor’s obligations under the indemnification clause in the Agreement, which shall continue in full force and effect. Notwithstanding the insurance requirements contained herein, Contractor is financially liable for its indemnification obligations under the Agreement.

RESOLUTION OF CLAIMS
Applies to ALL Contractor Claims for Time Extension, Payment Not Expressly Provided for, and Payment of Disputed Amounts

1. In accordance with Section 9204 of the California Public Contract Code, this Section applies to any claim by the Contractor in connection with a public works project for:
a. A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under a Contract for a public works project. b. Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. c. Payment of an amount that is disputed by the City.

2. Upon receipt of a claim pursuant to this section:
a. The City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the City and a Contractor may, by mutual agreement, extend the time period provided in this subdivision.
b. The claim shall be in writing, include reasonable documentation to substantiate the claim as specified in subsection d below, and be accompanied by the following certification:
“CONTRACT PROVISION REQUIRING PERSONAL CERTIFICATION OF ALL CLAIMS:

I, _________________, BEING THE __________________
(MUST BE AN OFFICER) OF ______________ (GENERAL CONTRACTOR), DECLARE UNDER PENALTY OF

PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL

COMPENSATION AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT

REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES THE CITY IS LIABLE; AND, FURTHER THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 12650, ET SEQ. PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND

THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER LEGAL CONSEQUENCES.”
c. Claims must be filed on or before the date of final payment. Nothing herein is intended to extend the Attachment 2
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ON-CALL TREE SERVICES
time limit or supersede notice requirements otherwise provided by Contract for the filing of claims. d. The claim must include actual cost documentation, including hours of work performed, equipment operation costs, and labor and overhead costs, which should be established at a standard percentage.

Any overhead costs listed when paid, shall provide full and complete payment for any and all overhead, including jobsite overhead, home office overhead, as well as additional costs arising from disruption, re-sequencing or acceleration. Contractor shall provide prompt notification of any disagreement in quantities of work performed along with a detailed accounting by means of a schedule update demonstrating any delays incurred.
e. If the City needs approval from the City Council to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. f. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph 5 of this section shall apply.

3. Following City’s written response:
a. If the claimant disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. b. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.

The City and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
c. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
d. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
e. This section does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute.

4. Failure by the City to respond to a claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City's failure to have responded to a claim, or its Attachment 2
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failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

5. Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

6. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a City because privity of Contract does not exist, the Contractor may present to the City a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

7. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

RESOLUTION OF CLAIMS – CLAIMS UNDER $375,000
Applies to claims under $375,000 for Time Extension, Payment Not Expressly Provided for, and Payment of Disputed Amounts (California Public Contract Code §20104 et seq.)

1. In addition to the provisions of California Public Contract Code §9204 set forth in Section Q above which applies to all construction claims for: a) a time extension; b) payment of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this Contract which is not otherwise expressly provided for or the Contractor is not otherwise entitled; and c) payment of an amount that is disputed by the City, the following provisions shall also apply to said construction claims of three hundred seventy-five thousand dollars ($375,000) or less.

2. If, following the meet and confer conference set forth in Section Q.4.a. above, the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Contractor submits its written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

3. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
a. Responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fial to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
b. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act Title 4 commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
c. Notwithstanding any other provision of law, upon stipulatin of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulaiton of the parties, mediators and Attachment 2
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arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the aprties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds.
d. In addition to Chapter 2.5 (commencing with Section 1141.10 of Title 3 of Part 3 of the Code of Civil Procedure any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgement shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other party arising out of the trial de novo. e. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in this Contract.
f. In any suit filed under Section 20104.4 of the California Public Contract Code, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

PRE-WORK CONFERENCE
Prior to the beginning of any work on this project, a conference shall be held at the City’s Department of Public Works. The date and time of this conference shall be established by the Contractor contacting that office at 831-620-2070 not less than forty-eight (48) hours in advance of the meeting date and time.

A list of personnel and equipment the Contractor proposes to use on the project and 24/7 after-hours emergency contacts shall be submitted to the City prior to or during the conference.

TASK ORDER PROCESSING
Task Orders, prepared and assigned by the City to the Contractor, shall be thoroughly completed and returned to the City within seven (7) calendar days of receipt. The City will evaluate the completed Task Order and either authorize the work to proceed, deny the Task Order, or amend the tasks and/or time to be performed. The Contractor must be attentive to the completion date of issued Task Orders as Liquidated Damages will apply for any inexcusable delays. All costs for the designated task shall be based on the submitted rates from the Bid Schedule. A sample Task Order form is provided in Appendix C.

The Contractor shall provide copies of daily reports which describe the work performed, weather conditions, personnel and equipment on site, and quality control activities performed. The Contractor will not be paid for work prior to City Forester reviewing and accepting daily reports for the period of time payment is requested.

LIQUIDATED DAMAGES
It is agreed by the parties to the Contract that in case all the work called for under a Task Order is not completed before or upon the expiration of the time limit as set forth in the Task Order, damage will be sustained by the City, and that it will be difficult or impossible to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the City the sum of fifty dollars ($50) for each and every calendar day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided. In case the same are not paid, it is agreed that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Contract.

It is further agreed that, in case the work called for under the Contract is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion of the Contract or not, as may seem best to serve the interest of the City.

The Contractor shall not be assessed with liquidated damages due to any delay in the completion of the work caused by Acts of God or of the public enemy, fire, floods, earthquakes, epidemics, quarantine Attachment 2
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ON-CALL TREE SERVICES
restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall within five (5) days from the beginning of any such delay notify the City Forester in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.

TRAFFIC CONTROL

1. Pursuant to the authority contained in Vehicle Code Section 591, the City has determined that within those areas that are within the limits of the project and are open to traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. In accordance with the statement in Vehicle Code Section 591, this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of the Contractor's equipment and the protection of the public from injury and damage from the Contractor's equipment.

2. Traffic control shall conform to the provisions of Section 12, "Temporary Traffic Control” of the Standard Specifications and the 2014 California Manual on Uniform Traffic Control Devices (CA MUTCD) as adopted by Caltrans.

3. For work not located on residential streets, a Traffic Control Plan (TCP) shall be submitted to the Director of Public Works for approval prior to commencement of work and must be applicable to existing site conditions. Contractor shall notify all emergency services, affected residences, affected businesses, and the Department of Public Works at 831-620-2070 a minimum of three (3) business days in advance as to proposed closures and alternate routes available.

4. For work not located on residential streets, a Traffic Control Plan (TCP) is required. The objective of the plan is to permit a Contractor, or utility, to work within the public right-of-way safely, efficiently, and effectively while maintaining a safe, uniform flow of vehicle traffic. Additionally, a TCP ensures safe provisions for bicyclists and pedestrians to bypass the construction work zone.

5. Every TCP submitted for City review and approval must conform to the following guidelines:
a. TCP shall reflect actual job site conditions.
b. TCPs shall be prepared to scale on 24” x 36” or 11” x 17” sheets. c. Use legible lettering.
d. Provide a legend for symbols used.
e. Provide a north arrow.
f. Provide a USA/Dig Alert warning stamp.
g. Lay out streets in proper orientation and label streets. h. Indicate posted speed limits.
i. Show existing crosswalks, bike lanes, striping, ADA ramps, berms, or drainage facilities. j. Show existing regulatory signs in the vicinity of the Work Zone. k. Identify the type of construction (i.e. install gas line, pave new driveway). l. Indicate location and dimensions of the proposed construction Work Zone. m. Show any equipment/materials staging area, if applicable. n. Note the Contractor’s business name, address, phone number, and license number. o. Note the name and phone number of a 24-hour contact(s) associated with the Contractor. p. Indicate the start date and estimated construction completion date.

Attachment 2
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ON-CALL TREE SERVICES
q. Label proposed temporary construction signs, barricades, and delineators. r. Label proposed taper lengths, width, and delineator spacing. s. Label signs/barricades to navigate bicyclists and pedestrians around the Work Zone. t. Label any proposed temporary parking restrictions.
u. Copy the following General Notes onto the TCP.

6. Traffic Control Plans submitted for City review must include the following General Notes:
a. All traffic control devices shall conform to the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD).
b. Work hours are 8:00am – 5:00pm Monday-Friday, and 8:00am to 5:30pm on Saturdays. c. Any night work will require prior written approval from the City Forester. d. The Contractor shall maintain traffic control devices 24 hours per day, 7 days per week. e. Traffic control devices shall be removed from view when not in use. f. Travel lanes through construction sites shall be at least 12 feet wide. g. Temporary “No Parking” signs must be posted at least 48 hours prior to work. h. Trenches must be backfilled or plated during non-working hours. i. When requested by the City, a flashing arrow board will be required on arterial lane closures.

7. Site- specific Traffic Control Plans required by the Director of Public Works shall be paid for by the rate of the Certified Traffic Control Plan Designer. Generic Traffic Control Plans are included in the fully burdened hourly rates in the Bid Schedule.

8. The Contractor is to notify residences and/or businesses a minimum of three (3) business days in advance of closing access to any driveways or providing any detours or changes in on-street parking.

Notifications shall be in writing.

9. Contractor shall provide all labor and facilities required for safe and expeditious handling of traffic during the course of construction. Contractor shall provide all flaggers, signs, delineators, and barricades required for traffic control and shall modify or remove same at appropriate times. The Director of Public Works shall be the sole judge as to the adequacy of the Contractor's traffic control measures. If such measures are found to be inadequate by the Director of Public Works, the City may furnish and install same and charge the Contractor therefor.

10. The Contractor shall, at his own expense, construct and maintain in good condition, such detours, detour bridges and temporary crossings for use by the public as deemed necessary or expedient by the City Forester for the proper execution of the work.

11. The Contractor shall designate a representative who can be reached immediately (24 hours per day) in the event of traffic control device failures.

REMOVAL OF OBSTRUCTIONS
The Contractor shall remove and properly dispose of all structures, debris, landscaping, or other obstructions of any character within the work area as called for in the Specifications, and as required by the City Forester.

If archeological items or hazardous wastes are discovered during construction operations, the Contractor Attachment 2
Part IV: Special Provisions, Page 13

ON-CALL TREE SERVICES
shall cease operations in those areas and immediately notify the Environmental Compliance Manager.

The Contractor shall remove and dispose of all materials designated for removal by the Specifications and as required by the City Forester for the proper completion of the work. Payment for hauling away debris and waste disposal fees shall be based on actual tonnage at the rate included in the Bid Schedule. See Tree Protection Requirements elsewhere in these Special Provisions.

UNDERGROUND UTILITIES
Contractor shall locate all underground obstructions and utilities, (electric, gas, sewage and water lines, cable, fiber, etc.). Prior to any grinding or trenching operation, Contractor shall pothole underground obstructions and utilities that appear to be in conflict with the work area. However, the City shall fairly compensate the Contractor for costs of locating and repairing damage not due to failure of the Contractor to exercise reasonable care, and removing or relocating such facilities not indicated or in a location different from that indicated with reasonable accuracy, and for equipment on the project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Contractor shall notify all utility companies of grinding or trenching operations fortyeight (48) hours in advance to enable the utility companies to take any action they deem appropriate.

UTILITY COMPANY COORDINATION
Some trees in the City may have utility company lines attached to them. Contractor shall coordinate activities with the utility companies as required and shall adjust the project schedule to accommodate utility relocation as necessary.

DUST CONTROL
The Contractor shall minimize dust generation from the jobsite and shall spray the site with water or dust palliative as required, in accordance with Section 14-9, “Air Quality”, of the Standard Specifications.

SANITARY FACILITIES
Contractor may provide and maintain his/her own portable sanitary facilities on-site, for the duration of the work. Coordinate location(s) with the City Forester. Existing City-owned sanitary facilities may be used.

INSPECTION OF WORK
It is the responsibility of the Contractor to call for all required inspections within the required time lines. The City reserves the right to perform random inspections at any time.

The City Forester and his or her representatives shall at all times have access to the work areas, and shall be furnished with reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.

Whenever the work provided and contemplated by the Contract shall have been satisfactorily completed and the final cleanup performed, the City Forester will make the final inspection.

ENVIRONMENTAL/POLLUTION PREVENTION REQUIREMENTS
Contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes that apply to the project and any work performed pursuant to the Contract. Additionally, Carmelby-the-Sea Municipal Code Section 17.42.020 Urban Runoff Water Quality and Discharge Management, C. Discharge Prohibitions states,
“No person shall discharge or cause to be discharged into the municipal storm drain system or Attachment 2
Part IV: Special Provisions, Page 14

ON-CALL TREE SERVICES
watercourses any materials, including pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water…” Contractor shall comply with all water quality regulations in Carmel-by-the-Sea Municipal Code Chapters

17.42 Stormwater Quality and Utility and 17.43 Water Quality Protection Ordinance, as well as State Water Resources Control Board (SWRCB) and Central Coast Regional Water Quality Control Board (RWQCB) regulations for the prevention of construction site discharges of pollutants, illicit discharges, and enforcement of prohibited and illicit discharges.

EROSION AND SEDIMENT CONTROL PLAN
Detailed design and implementation guidance for construction BMPs can be found through the California Storm Water Quality Association’s Construction BMP Handbook Portal, Caltrans Storm Water Quality Manuals and Handbooks, and the Construction BMP Handbook of the Monterey Regional Storm Water Management Program available at http://montereysea.org/best-management-practices.

BEST MANAGEMENT PRACTICES OF STORMWATER
BMPs shall be in place and implemented, as appropriate, prior to commencing vegetation removal. The Contractor shall implement and maintain BMPs throughout the term of the Contract to prevent discharges of pollutants, including soil and trash, to the street, storm drain system, and local waterways.

Activities to be performed by Contractor include, but are not limited to:
• At all times, Contractor shall maintain the vegetation (if any), implement erosion and sediment control measures, and provide other protective BMP measures in good and effective operating condition by performing routine inspections to determine condition and effectiveness of BMPs. • Contractor shall inspect the following areas at least once every seven (7) calendar days, unless otherwise necessary based on current weather conditions or as directed by the Environmental Compliance Manager, and always within 24 hours prior to and after any storm:
o Inlet protections and perimeter controls;
o Vehicle parking and storage areas;
o Disturbed areas of the work site;
o Runoff discharge locations;
o Areas that have not received final stabilization;
o Areas used for storage of materials that are exposed to wind or rain; o Equipment and staging areas that are exposed to wind or rain; and, o All waste storage areas.

All site BMPs shall be implemented at the appropriate level for the activity at hand. Deficiencies observed during inspections shall be noted and rectified before the end of the workday. Site storm water management and control measures shall be implemented year- round regardless of season.

POLLUTION PREVENTION EXPECTED OUTCOMES
Storm water management and control practices shall result in the following outcomes on all project sites, regardless of size:
• Protection of storm drain inlets and adjacent waterways must be implemented at all times to prevent illicit discharges of sediment, trash, chemicals, debris and fluids, and waste of any kind; • No release of hazardous substances, such as oils, paints, thinners, fuels, and other chemicals; if such a spill occurs that may threaten local water quality, Contractor must call 911 immediately and notify the City Forester.

Attachment 2
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ON-CALL TREE SERVICES
• Site disturbance shall be kept to that portion necessary for project work only, and perimeter controls be implemented at all times;
• No deposit of mud, soil, sediment, trash, chemicals, vegetation clippings or other similar waste shall occur on or into public rights of way, the City’s storm water system, or local waterways. Any such discharge shall be cleaned-up promptly;
• All hard-surfaced areas are to be swept regularly and maintained free of dirt, debris, and vegetation clippings.

The City’s Environmental Compliance Manager may perform periodic site monitoring visits to ensure the Contractor complies with the requirements specified herein. In the event work is found non-compliant, a follow up site monitoring visit will be conducted to ensure non-compliant items have been corrected to the satisfaction of the City. If non-compliant items are not properly addressed prior to the follow up site monitoring visit, the costs associated with additional follow up site monitoring visits shall be deducted from the Contractor’s payment. Citations may also be issued for violations.

TREE PROTECTION REQUIREMENTS
According to the Carmel-by-the-Sea Municipal Code Section 12.28.340, for the purpose of safeguarding trees during construction, demolition or tree removal, the following conditions shall apply to all trees other than trees for which a removal Task Order has been issued:

A. Damage to any other tree be immediately reported by Contractor to the City Forester, and the Contractor shall treat the tree for damage in the manner specified by the City Forester.

B. Wherever cuts are made in the ground near the roots of trees, appropriate measures shall be taken to prevent exposed soil from drying out and causing damage to tree roots.

SUPPLEMENTAL SPECIAL PROVISIONS
A. The Contractor shall furnish all labor, materials, tools, and equipment necessary to safely perform the work assigned. This equipment may include, but is not limited to, dump trucks, wood chippers, aerial lifts, traffic control device, chainsaws, stump grinders, log loader, water truck, personal safety gear, etc.

B. Contractor must maintain daily records, including various maintenance activities, hours during which activities are performed, location of work, employees presents at job sites, activities employees performed, materials and equipment used.

C. The City will provide a representative to meet with the Contractor regularly on site to inspect Contractor’s performance and conformance of Contract requirements. The Contractor will provide Attachment 2
Part IV: Special Provisions, Page 16

ON-CALL TREE SERVICES
competent and trained professionals with extensive knowledge of their trade. It is solely the responsibility of the Contractor to provide training for their employees, and all personal protective equipment to safely perform the duties of the projects.

D. Contractor shall be responsible for removal of all debris from each jobsite in a legal and appropriate manner on a daily basis. All job sites need to be cleaned of all hazards and equipment, unless approval has been given from the City to store equipment at the job site, before the end of each business day.

E. All employees must be professional and courteous to citizens and visitors of the City at all times.

F. The Contractor shall perform work during regular business hours, which are between the hours of 8:00 am and 5:00 pm, Monday through Friday. Emergency work shall occur as necessary and may be required outside of normal business hours. Any work performed during Emergency Hours, or during Weekends or Holidays, shall be paid at the rates included in the Bid Schedule for the respective work.

G. Contractor shall be available twenty-four (24) hours a day, 7 day a week for emergency response. For emergency call back work, Contractor shall provide and maintain an updated list of a minimum of two (2), twenty-four (24) hour emergency contact phone numbers. All requests to these phone numbers must be replied to within one (1) hour of initial phone call, and crews must be dispatched within two (2) hours from initial contact by the City if so required by the City.

H. All work must be done safely and in accordance with the American National Standard Institute for Arboriculture Tree Care Operation ANSI Z133.1-2006.

I. The Contractor must keep all equipment in good working order and shall maintain and operate such equipment in full compliance with OSHA regulations, ANSI Z133 standards, and State of California Department of Transportation (Caltrans) requirements.

J. All tree work performed by the Contractor shall be conducted in a professional manner consistent with the American National Standards Institute ANSI A300.

K. All work performed, methods, and equipment used shall be in conformance with the State and Federal Occupational Safety and Health Act (OSHA). Costs from delays and losses for operations, not in conformance to these acts, specifications, or stoppages by OSHA inspectors or the designated representative, as a result of non-conformance, shall be solely borne by the Contractor.

L. The Contractor shall be responsible for notifying, in writing, at least twenty-four (24) hours before beginning of the work day, the Police, Public Works, and Fire Departments, and local residents if streets are to be temporarily closed. In addition, the waste hauler (Green Waste) and the bus service (Monterey-Salinas Transit) must also be notified at least 24 hours in advance if routes are to be disrupted.

M. The Contractor shall be responsible for notifying and coordinating work with PG&E, telephone, cable television, fiber optic providers, and all other utilities that may be affected by the work. The Contractor shall be responsible for ensuring that Underground Service Alert marks underground utility locations prior to starting any work below grade. Any damage that may occur as a result of Contractor’s work is the responsibility of the Contractor
N. The Contractor shall notify all residents in the area if any utilities will be interrupted at least twenty-four (24) hours prior to the interruption of service.

O. The Contractor will clearly post the name of business on all company vehicles.

REQUIRED QUALIFICATIONS
Contractors submitting bids must hold a C-61/D-49 (Limited Specialty/Tree Service) Contractor’s License at time of bidding. License must be in good standing.

Attachment 2
Part IV: Special Provisions, Page 17

ON-CALL TREE SERVICES
Bidder must submit, with the Bid Proposal, copies of certifications for staff members and/or subcontractor employee for all certified labor classifications included in the Bid Schedule. These certifications may include: ISA, ASCA, TCIA, and NCCCO.

The Contractor’s personnel must be qualified and trained in the tree care industry. At all times during contracted tree service activities, the Contractor shall have work crews on site that are represented by a foreman or supervisor who can receive and carry out instructions given by designated City Representatives in English.

The Contractor shall be held liable for the faithful observance of any lawful instructions of the City, not in conflict with the awarded Contract, which may be delivered to said party or representative at the work site.

TECHNICAL SPECIFICATIONS
A. Planting Specifications:

All plantings shall be in accordance with ANSI A300, Part 6, Best Management Practices.

B. Pruning Specifications:

All tree services shall adhere to the most recently-adopted ANSI Best Management Practices for tree care operations to include ANSI A300 parts 1 through 9.

All cuts shall be made in accordance with the ANSI A300 Part 1 BMPs. All work shall be performed under the supervision of a credentialed arborist.

C. Grinding Tree Stump Specifications:

1. Entire stumps and major roots will be routed to a depth, from existing grade, specified in the Task Order.

2. Contractor is responsible for removing all excess debris created by routing process.

D. ANSI Documents:

1. By signing and submitting this Contract, Contractors are affirming they have the most current copy of all applicable ANSI literature.

2. Copies of the above-mentioned documents are available at the Public Works Department, located in the east side of Junipero Street between Fourth and Fifth Avenues.

E. Safety Specifications:

The Contractor must understand and abide by ANSI Z133 standards and all other safety regulations enacted by OSHA and PG&E. Contractor personnel shall wear proper PPE as required by law. Anytime a worker is aloft, at least one other worker on the job site shall be trained in aerial rescue.

The Contractor will be solely responsible for providing all safety equipment necessary to accomplish the work in a safe manner. The Contractor shall be responsible for providing safe public passage of the area of work, including for pedestrians. Flagmen will be used for the direction of traffic and establishing temporary traffic detours approved by the City and meeting OSHA Standards for public safety when operating in public rights-of-ways. Traffic Control Plans shall be submitted in accordance with Part III: General Provisions, Traffic Control. Contractor shall provide all competent flagmen, signs, lights, barricades, barrier rails, fences, and/or other traffic control measures needed to adequately warn, guide and protect the public.

Under no circumstances will the Contractor or its employees be permitted to work within ten (10) feet of energized high voltage lines or two (2) feet of energized secondary (low voltage) transmission lines unless they are line clearance qualified. All persons, tools, and equipment must maintain these minimum clearances while conducting work in accordance with ANSI Z133.

If there is a question regarding the voltage transmitted via any energized lines, it is the Contractor’s responsibility to contact PG&E before working on any tree.

Attachment 2

ON-CALL TREE SERVICES
(THIS PAGE IS INTENTIONALLY LEFT BLANK)
Attachment 2
Appendix A: Bid Forms for Submittal, Page 1

ON-CALL TREE SERVICES
APPENDIX A:

BID FORMS FOR SUBMITTAL
Attachment 2
Appendix A: Bid Forms for Submittal, Page 2

ON-CALL TREE SERVICES

BID COVER SHEET

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF PUBLIC WORKS
FOR
On-Call Tree Maintenance Services
Invitation for Bids 22-23-003
Submit the following items unbound:

ITEM INCLUDED

1. Bid Cover Sheet (this sheet)

2. Bid Proposal

3. Bidding Schedule

4. Declaration of Bidder, Acknowledgement of Addenda, and Example Projects

5. References

6. Subcontractor List ______

7. Certifications of Key Personnel

8. Non-Collusion Declaration

9. Debarment and Suspension Certification

10. Certification of Worker’s Compensation

11.Copy of Staff Certifications, Credentials, and Memberships (ISA, ASCA, TCIA, NCCCO) Failure to include required items, included those identified above, may result in your Bid Proposal being deemed non-responsive resulting in rejection of your bid.

By:

Company Name Signature
Attachment 2
Appendix A: Bid Forms for Submittal, Page 3

ON-CALL TREE SERVICES

CITY OF CARMEL-BY-THE-SEA DEPARTMENT OF PUBLIC WORKS

SPECIFICATIONS FOR
On-Call Tree Maintenance Services
Invitation for Bids 22-23-003

BID PROPOSAL
To the Honorable City Council
City of Carmel-by-the-Sea
City Clerk
Eastside of Monte Verde
Between Ocean and Seventh Avenues
Carmel-by-the-Sea, CA 93921
The undersigned declares to have carefully examined the location of the proposed work, that the Scope of Work and Specifications, as set forth herein, have been examined, and hereby proposes to furnish all labor, materials, and equipment and do all the work required to complete said work in accordance with said Scope of Work and Specifications for per unit prices set forth in the following Bid Schedule.

BID APPROVAL:
________________________________

PRINCIPAL/ OWNER
________________________________

COMPANY
________________________________
DATE
Attachment 2
Appendix A: Bid Forms for Submittal, Page 4

ON-CALL TREE SERVICES

BIDDING SCHEDULE

ON-CALL TREE MAINTENANCE SERVICES
INVITATION FOR BIDS 22-23-003
Item
#
Labor Classifications Base Per Hour
Labor Rate
Emergency and/or
Weekend/Holiday
Per Hour Labor Rate
1 Certified Crane Operator (NCCCO)
2 Certified Traffic Control Plan Designer
3 Certified Utility Line Clearance Tree
Trimmer
4 Crew Leader, Foreman, or Lead Worker
5 ISA Certified Arborist
6 ISA Certified Arborist with TRAQ
7 ISA Certified Tree Worker
8 Laborer
9 Licensed Pesticide Applicator (California)
10 Registered Consulting Arborist (ASCA)
11 Tree Worker
Waste Disposal Base Per Ton Rate
Emergency and/or
Weekend/Holiday
Per Ton Rate
12 Waste Disposal Haul Away
Equipment Base Per Hour
Equipment Rate
Emergency and/or
Weekend/Holiday
Per Hour Equipment Rate
13 Aerial Lift Truck – 50 ft. or larger
14 Brush Truck/Dump Truck
15 Chipper
16 Crane-100 foot or larger, 15 metric ton
capacity minimum
17 Log Loader
18 Pickup Truck
19 Stump Grinder
20 Tub Grinder
21 Water Truck with 100 gal. minimum
BID TOTALS OF ITEMS #1-21:
(Basis of Award)
BID TOTALS WRITTEN IN WORDS:

Do not enter “N/A” or leave any Bid Item blank. If a Bid Item cost is included elsewhere, enter $0.00. If the Bidder does not have the specified labor classification on staff, the Bidder shall include the cost for that Attachment 2
Appendix A: Bid Forms for Submittal, Page 5

ON-CALL TREE SERVICES
labor classification as provided by a subcontractor. If the Bidder does not possess the specified equipment, the Bidder shall include the cost for that equipment as provided by a subcontractor or as a rental cost.
“Base Per Hour Labor Rate” refers to the fully burdened rates and includes all of the following costs:
h) Prevailing wage rates, employee benefits, memberships, certifications, transportation to/from jobsite, certified payroll records
i) General company costs, overhead, profit, taxes, and markup for subcontractor labor if the Bidder cannot directly provide the labor listed
j) Insurance, bonds, licenses, and encroachment permit (permit issued at no fee to Contractor) k) Administrative costs, attendance at meetings, notifications to adjacent property owners/residents, coordination with utility companies, site consultations, preparation of Task Orders, Quality Control plan, computers, cell phones, office supplies, incidentals
l) Jobsite costs, portable toilet, temporary utilities, staging/storage areas, temporary fencing, USA Alert tickets, portable and power tools, safety gear, rigging, protection of public and private property, daily cleanup, protecting the site if necessary overnight
m) Implementation of “Environmental/Pollution Prevention Requirements” of the Special Provisions, including compliance with all applicable storm water rules, regulations, ordinances, and statutes, utilizing BMPs, and clean up with proper disposal of any environmental pollutants n) Traffic Control in accordance with the Special Provisions, to maintain vehicular, bicycle, pedestrian, and worker safety during performance of the work, including Traffic Control plan preparation where required, establishing traffic detour(s), street closure notifications, traffic control device placement and maintenance, flagging, barriers, temporary access, removal of detours, and restoration. “Base Per Hour Equipment Rate” refers to fully-burdened rates and includes all of the following costs:
d) Equipment, mileage, fuel, depreciation, vehicle maintenance, insurance, safety inspections e) Markup for subcontracted or rented equipment if the Bidder does not possess the equipment listed f) Mileage to and from home office to project site, (and for dump truck to/from the landfill or other disposal areas)
“Base Per Ton Rate” for Waste Disposal” refers to fully-burdened rates and includes all of the following costs:
c) Landfill tipping fees, and any markup
d) Rates for the dump truck and driver (assumed Laborer, Lead Worker, or Tree Worker) are included with the corresponding labor and equipment classifications, not with the per ton rate. “Emergency and/or Weekend/Holiday (Per Hour Labor Rate, Per Ton Rate, and Per Hour Equipment Rates)” refers to the fully-burdened rates and includes all of the following costs:
g) All of the applicable costs listed above
h) Labor, equipment, and waste disposal performed between the hours of 5:30 pm and 7:30 am with prior City authorization
i) Work done on federal and City-recognized Holidays, with prior City authorization j) Work done on weekends (Saturdays, Sundays), with prior City authorization k) Emergency call backs, such as following a storm, for work not identified on an issued Task Order l) Any labor work performed during Emergency Labor Hours or during Weekend//Holiday Labor Hours shall be no less than one and one-half times the Per Hour Labor amount the Bidder submits for the respective Bid Item(s)
Rates in the Bid Schedule shall be in effect from the date the Contract is Awarded until June 30, 2023. Future years’ rates shall equal the Bid Schedule rates increased per the Consumer Price Index, San Francisco Bay area and per required prevailing wages.

Attachment 2
Appendix A: Bid Forms for Submittal, Page 6

ON-CALL TREE SERVICES
DECLARATION OF BIDDER RE: LICENSE QUALIFICATIONS
Bidder certifies he/she possesses a license in accordance with a State Act providing for the registration of Contractors. License No.: , Class: , Expiration date: .

THE FOREGOING INFORMATION IS TRUE AND CORRECT AND IS EXECUTED UNDER PENALTY

OR PERJURY IN
COUNTY, CALIFORNIA, ON , 2023.

Name of Firm:

Address:

Telephone:

Email:
(If firm is an individual, so state. If a firm or co-partnership, state the firm name and give the name(s) of person(s) authorized to execute the declaration on its behalf.)

FAILURE TO PROVIDE ANY OF THE INFORMATION REQUIRED HEREIN INCLUDING

CONTRACTOR SIGNATURES MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE Signature Printed Name and Title

ACKNOWLEDGEMENT OF ADDENDA
The Bidder shall list below any and all addenda issued for this project. Failure to list issued addenda will result in a non-responsive bid:

ADDENDA DATE RECEIVED INITIAL

1. 2.

EXAMPLE TREE MAINTENANCE / ON-CALL CONTRACTS
Bidder shall list at least three (3) jobs of a similar nature completed by Bidder's organization within the past five (5) years. (Please include Reference Contact Information on the following page.) Date Contract
Amount
Organization / Client Job Types Project Location
Attachment 2
Appendix A: Bid Forms for Submittal, Page 7

ON-CALL TREE SERVICES

REFERENCES
List at least three (3) organizations of similar size, scope, and cost where the same/similar services, as stated herein, have been provided. The City reserves the right to contact any reference or any client listed in the documents for information which may be helpful to the City in evaluating the Contractor’s performance on previous assignments.

ORGANIZATION/CLIENT
Contact Person Title
Address City State Zip
Phone Number

ORGANIZATION/CLIENT
Email
Contact Person Title
Address City State Zip
Phone Number Email

ORGANIZATION/CLIENT
Contact Person Title
Address City State Zip
Phone Number Email
Attachment 2
Appendix A: Bid Forms for Submittal, Page 8

ON-CALL TREE SERVICES

SUBCONTRACTORS LIST
The Bidder shall list below the name, location of the place of business, and California Contractor license number of any subcontractors proposed to perform work or labor or render service on this project, or a subcontractor licensed by the State of California who will specially fabricate and install a portion of the work per the Specifications of this project, whose work is in excess of one-half (1/2) of one (1) percent of the Bidder’s total bid or ten thousand dollars ($10,000), whichever is greater:

Name of subcontractor California Contractor
License Number
California DIR
Registration
Number
Location of
Place of
Business
Trade or
Portion of
Work

CERTIFICATIONS OF KEY PERSONNEL
Contractors must have an ISA certified arborist on staff. Bidders must complete the following table and provide copies of staff certifications, credentials, and/or memberships (ISA, ASCA, TCIA, NCCCO) with the Bid Proposal.

Employee (or Subcontractor) Labor Classification Certification Type and Number
Attachment 2
Appendix A: Bid Forms for Submittal, Page 9

ON-CALL TREE SERVICES

NONCOLLUSION DECLARATION

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

I am the __________________________ of ____________________________, the party making the foregoing bid.

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

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on this day of 2023 in [City], County, California.

Signature
Printed Name and Title
Company
Attachment 2
Appendix A: Bid Forms for Submittal, Page 10

ON-CALL TREE SERVICES

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

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

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

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

I declare under penalty of perjury that the foregoing is true and correct and that this certification is signed this ___________________day of _________________________, 2023 in ________________________[City], ______________________________County, California.

Signature
Printed Name and Title
Company
Attachment 2
Appendix A: Bid Forms for Submittal, Page 11

ON-CALL TREE SERVICES
CERTIFICATION OF WORKERS’ COMPENSATION INSURANCE
I, the of
(Name) (Title)
, declare, state and certify that:
(Contractor Name)

1. I am aware that California Labor Code § 3700(a) and (b) provides:
“Every employer except the state shall secure the payment of compensation in one or more of the following ways:
e. By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state.
f. By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.”

3. I am aware that the provisions of California Labor Code §3700 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 this Contract.
(Contractor Name)
By:
(Signature)

(Company)
Attachment 2

ON-CALL TREE SERVICES
(THIS PAGE IS INTENTIONALLY LEFT BLANK)
Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 1

ON-CALL TREE SERVICES
APPENDIX B:

SAMPLE CONTRACT,

PERFORMANCE BOND,

AND PAYMENT BOND
Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 2

ON-CALL TREE SERVICES

SAMPLE CONTRACT

CITY OF CARMEL-BY-THE-SEA

AGREEMENT FOR TREE SERVICES
Contractor name
Project Service
Contract #
THIS AGREEMENT FOR TREE SERVICES is made and effective as of ___________, 2023, between the City of Carmel-by-the-Sea, a municipal corporation ("City") and ___________________, a _____________, ("Contractor") whose current and valid Contractor’s License #_____________, as duly issued by the California Department of Consumer Affairs. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence upon full execution of this Contract and shall remain and continue in effect until all tasks and warranty period as described herein are completed unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Contractor shall perform the tasks described and set forth in the Contract Documents attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the Schedule and Time Limits of performance which is also set forth in Exhibit "A." Exhibit “A” includes Scope of Work, Plans, Specifications and other related documents specific to the services to be provided by Contractor.

3. PERFORMANCE
a) Contractor shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
b) Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety. Contractor further agrees to take all necessary precautions for the safety of employees and shall comply with all applicable provisions of federal, state and local regulations, ordinances and codes. The Contractor shall be responsible for erecting and properly maintaining at all times as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or reasonably foreseeable or unusual hazards.
c) Contractor acknowledges that it is familiar with City's policies for the protection of trees and agrees to take all reasonable precautions to protect trees not subject to trimming or removal from damage which might be cause during the work to be performed. (See Carmel-by-the-Sea Municipal Code Chapter 12.28). d) At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. e) The Contractor will obtain a valid City Business License and shall maintain said Business License for the term of this Agreement and any extensions thereof.
f) Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by Contractor or in any way affect the performance of its service pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws and regulations. City, its officers and employees, shall not be liable at law or in equity occasioned by failure of Contractor to comply with this Section. Contractor further agrees to indemnify and hold City, its officers and employees harmless for any such violation of law or regulation, as further set out under paragraph 11 of this agreement.
g) Contractor agrees to comply with all of the applicable provisions of Sections 1777.5 and 1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein by reference and made a part hereof as though set forth at length herein.

Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 3

ON-CALL TREE SERVICES
h) Contractor agrees that in the performance of this Agreement or any sub-agreement hereunder, neither Contractor nor any person acting on Contractor’s behalf shall refuse to employ or refuse to continue in any employment any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor acknowledges that harassment in the workplace is not permitted in any form, and will take all necessary actions to prevent such conduct. Contractor further agrees to comply with all laws with respect to employment when performing this Agreement. i) Contractor shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in the Contract Documents. To insure performance, the Contractor must provide Faithful Performance and Labor and Material Bonds in favor of City, each in the amount of fifty percent (50%) of the value of the contract. j) Contractor declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Carmel-by-the-Sea in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial agreement or financial inducement. No officer or employee of the City of Carmel-by-the-Sea will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to any and all remedies at law or in equity.

4. CITY MANAGEMENT
The Public Works Director shall represent City in all matters pertaining to the administration of this Agreement.

However, neither the Public Works Director nor the City Forester shall have the authority to enlarge the Tasks to Be Performed or change the compensation due to Contractor. City's City Administrator or his designee, shall be authorized to act on City's behalf and to execute all necessary change order documents which enlarge the Tasks to Be Performed, or change Contractor's compensation.

5. PAYMENT
(a) City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in the Bid Schedule attached hereto and incorporated herein by this reference as though set forth in full. This amount shall not exceed ____________ which sum shall include all costs for the total term of the Agreement unless additional payment is approved as provided in this Agreement. (b) The City Administrator's contract authority is limited to a total threshold of $24,999.00 which includes all costs.

Contracts, including any contract amendments that exceed the total threshold, require City Council approval. Any contracts, including contract amendments that exceed the total threshold, which have not received prior City Council approval, shall be void.
(c) Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. INSPECTION
City shall at all times have the right to inspect the work and materials supplied by Contractor. Contractor shall furnish all reasonable aid and assistance required by City for the proper examination of the work, materials and parts thereof. Such inspection shall not relieve Contractor from any obligation to perform said work in accordance with the specifications of the contract or any modifications thereof and in compliance with the law.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice of intention to terminate. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 4

ON-CALL TREE SERVICES
termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 6(c).

8. DEFAULT OF CONTRACTOR
(a) Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to Contractor. If such failure by Contractor to make progress in the performance of work hereunder arises out of causes beyond Contractor's control, and without fault or negligence of Contractor, it shall not be considered a default.
(b) In the event that the City Administrator or his/her delegate determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon Contractor a written notice of the default. Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that Contractor fails to cure its default within such period of time, City shall have the right, but not the obligation, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records at Contractor’s office; shall permit City to make copies and transcripts there from as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained at the City of Carmel-by-the-Sea City Hall for a minimum period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Contractor. With respect to computer files, Contractor shall make available to City, at City's office and upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

10. INDEMNIFICATION
(a) Indemnification for Professional Liability. Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including attorney’s fees and costs to the extent same are actually caused in whole or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents, employees or sub -contractors (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. With respect to the design of public improvements, the Contractor shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit "A" without the written consent of the Contractor. (b) Indemnification for Other Than Professional Liability. Contractor shall indemnify defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or sub-contractors of Contractor. (c) General Indemnification Provisions. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 5

ON-CALL TREE SERVICES
to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

11. WARRANTIES
Contractor agrees that it will warrant all work performed and equipment supplied hereunder for a period of one year or, in the case of equipment, for the period of the manufacturer's warranty if such warranty be for a period longer than one year. Contractor shall immediately correct all defective workmanship discovered within one year after acceptance of final payment by it and shall indemnify and defend City against all loss and damage occasioned by any such defect, discovered within said year, even though the damage or loss may not be ascertained until after the expiration thereof. Nothing herein constitutes a waiver of City's rights or any statute of limitations.

12. INSURANCE
(a) Contractor shall submit and maintain prior to the beginning of and for the duration of this Agreement insurance coverage covering the Contractor and designating the City, its officers, officials, and employees as additional insureds under an ISO CG 20 10 07 04 and ISO 20 37 07 04 or their equivalent against any and all claims resulting in injury or damage to persons or property (both real and personal) caused by any aspect of the Contractor’s work, in amounts no less than the following and with such deductibles as are ordinary and reasonable in keeping with industry standards. It shall be stated, in the Additional Insured Endorsement, that Contractor’s insurance policies shall be primary as respects any claims related to or as the result of Contractor’s work. Any insurance, pooled coverage, or self-insurance maintained by the City, its elected or appointed officials, directors, officers, agents, employees, volunteers, or consultants shall be non-contributory. The Additional Insured Endorsement shall not apply to the Professional Liability Insurance.

General Liability:
a. General Aggregate $2,000,000
b. Products Comp/Op Aggregate $2,000,000
c. Personal & Advertising Injury $2,000,000
d. Each Occurrence $2,000,000
e. Fire Damage (any one fire) $ 50,000
f. Medical Expense (any one person) $ 5,000
Workers' Compensation:
a. Workers' Compensation Statutory Limits
b. EL Each Accident $1,000,000
c. EL Disease - Policy Limit $1,000,000
d. EL Disease - Each Employee $1,000,000
Automobile Liability
a. Any vehicle, combined single limit $2,000,000
(b) Other Insurance Requirements
(1) All insurance required under this Agreement must be written by an insurance company admitted to do business in California with a current A.M. Best rating of no less that A: VII. Exception may be made for the State Compensation Insurance Fund when not specifically rated. (2) Each insurance policy required by this Agreement shall be endorsed to state that CITY shall be given notice in writing at least thirty (30) days in advance of any cancellation thereof, except CITY shall be given TEN (10) days’ notice for nonpayment of the premium.
(3) The general liability and auto policies shall:

Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 6

ON-CALL TREE SERVICES
(a) Provide an endorsement naming CITY, its officers, officials, and employees as additional insureds under an ISO CG 20 10 07 04 and ISO 20 37 07 04 or their equivalent. (b) Provide that such insurance is primary and non-contributing insurance to any insurance or selfinsurance maintained by CITY. (c) Contain a “Separation of Insureds” provision substantially equivalent to that used in the ISO form CG 00 01 10 01 or their equivalent.
(d) Provide for a waiver of any subrogation rights against CITY via an ISO CG 24 01 10 93 or its equivalent.
(e) Prior to the start of work under this Agreement Contractor shall file certificates of insurance and endorsements evidencing the coverage required by this Agreement with the City Administrator. Contractor shall file a new or amended certificate of insurance promptly after any change is made in any insurance policy which would alter the information on the certificate then on file. (f) The Contractor shall immediately advise the City of any litigation and/or open claims that may affect these insurance policies.

13. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
(b) No employee benefits shall be available to Contractor in connection with the performance of this Agreement.

Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. (c) Any and all employees or sub-contractors of Contractor under this Agreement, while engaged in the performance of any work or services required by Contractor under this Agreement, shall be considered employees or sub-contractors of Contractor only and not of City. Any and all claims that may arise under the Workers’ Compensation Act on behalf of said employees or sub-contractors, while so engaged and all claims made by a third party as a consequence of any negligent act or omission on the part of the Contractor’s employees or sub-contractors, while so engaged in any of the work or services provided for or rendered herein shall not be City’s obligation.

14. PREVAILING WAGE
It is further expressly agreed by and between the parties hereto that the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to execute this Agreement is that ascertained by the Director of the Department of Industrial Relations of the State of California, copies of which are on file in the Office of the City Clerk and the Department of Public Works, which shall be made available to any interested party on request, which said rates are hereby made a part hereof, incorporated herein by reference as though set forth in full. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining agreement applicable to the particular craft, classification or type of worker employed on the Project.

Pursuant to Senate Bill 222 City is required to withhold from any progress payments owed to a Contractor any amount that has been forfeited as penalties, or as wages owed to employees who have not been paid the prevailing wage for work performed. This allows the intervention by the Division of Labor Standards Enforcement, which is headed by the State Labor Commission, in a Contractor's lawsuit for recovery of amounts withheld by an awarding body. All withheld wages and penalties will be transferred to the Labor Commissioner for disbursement in those cases where a Contractor fails to bring a lawsuit for amounts withheld within ninety (90) days after completion of the public works contract and formal acceptance of the job by the awarding body. The Labor Commissioner is then permitted to intervene in any lawsuit brought by the Contractor against an awarding body for recovery of amounts withheld.

Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 7

ON-CALL TREE SERVICES

15. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.

16. CONFLICT OF INTEREST
Contractor shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract.

Contractor covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor. Contractor further covenants that Contractor has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Contractor and/or its sub-contractors shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.

If City determines Contractor comes within the definition of Contractor under the Political Reform Act (Government Code §87100 et seq.) Contractor shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with City disclosing Contractor’s and/or such other person’s financial interests.

17. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder.

18. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
(a) All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents, or sub-contractors, shall not without written authorization from the City Administrator or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City, though the City Attorney’s office, should Contractor, its officers, employees, agents, or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with the City and City Attorney’s office and to provide the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City or the City Attorney’s office to control, direct, or rewrite said response.

19. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To City:

Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 8

ON-CALL TREE SERVICES
To Contractor:

20. THIRD PARTY BENEFICIARIES
Nothing contained in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.

21. ASSIGNMENT
Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Subject to the foregoing, all terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties and their successors and assigns.

22. GOVERNING LAW
City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.

Any litigation concerning this Agreement shall take place in Monterey County, or the federal district court with jurisdiction over the City. Contractor agrees not to commence or prosecute any dispute arising out of or in connection with this Agreement other than in the aforementioned courts and irrevocably consents to the exclusive persona and in rem jurisdiction and venue of the aforementioned courts.

23. ATTORNEY’S FEES AND COURT VENUE
Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator hearing the case, and such fee shall be included in the judgment together with all costs.

24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he/she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

25. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

26. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
(a) This document represents the entire and integrated Agreement between City and Contractor, and supersedes all prior negotiations, representations and agreements, either written or oral. (b) Any modification or amendment to this Agreement must be in writing. (c) Neither City nor Contractor shall be deemed to have waived any obligation of the other, or to have agreed to any modification to this Agreement unless it is in writing, and signed by the party giving the waiver.

27. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or arbitrator the remainder of this Agreement shall remain in effect.

Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 9

ON-CALL TREE SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF CARMEL-BY-THE-SEA:

By: _________________________________
Dave Potter, Mayor
Date: ___________________
CONTRACTOR:

By: _________________________________
(Printed Name)
Date: ___________________

ATTEST:

By: _________________________________
Nova Romero, MMC, City Clerk
Date: ___________________
APRROVED AS TO FORM:

By: _________________________________
Brian Pierik, ESQ, City Attorney
Date: ___________________
Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 10

ON-CALL TREE SERVICES

PERFORMANCE BOND
BOND NO.

PREMIUM:

WHEREAS, The City of Carmel-by-the-Sea, (hereinafter designated as “Obligee”) and (hereinafter designated as “Principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , and identified as project
is hereby referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement;
NOW, THEREFORE, We, the principal and as surety, are held and firmly bound unto the hereinafter called “The Obligee,” in the penal sum of Fifty Thousand Dollars ($ 50,000) lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally firmly by these presents.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees as determined by the Court, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specification accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the Plans or Specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on
By

PRINCIPAL
By:

PRINCIPAL
By:

ATTORNEY-IN-FACT
Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 11

ON-CALL TREE SERVICES

PAYMENT (LABOR AND MATERIALS) BOND
BOND NO.:

KNOW ALL MEN/WOMEN BY THESE PRESENCE that we, as
Principal (also referred to herein as “Contractor”), and as Surety, are held and firmly bound unto City of Carmel-by-the-Sea, hereinafter called "OWNER," in the sum of Fifty Thousand Dollars ($ 50,000) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these present.

The condition of the above obligation is such that, whereas said Principal has been awarded and is about to enter into the annexed Contract with the City of Carmel-by-the-Sea for the On-Call Tree Maintenance Services, in accordance with OWNER’s Call for Bids documents and Principal’s Bid Dated … . , and to which reference is hereby made for all particulars, and is required by said City of Carmel-by-theSea to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor, its Subcontractors, its heirs, executors, administrators, successors, or assigns, shall fail to pay (a) for any materials, provisions, equipment, or other supplies used in, upon, for or about the performance of the WORK contracted to be done under the Contract, or (b) for any work or labor thereon of any kind contracted to be done under the Contract, or (c) for amounts due under the Unemployment Insurance Code with respect to work or labor performed pursuant to the Contract, or (d) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its Subcontractors under Section 13020 of the Unemployment Insurance Code with respect to such work and labor, in each case, as required by the provisions of Sections 9550-9566 inclusive, of the Civil Code of the State of California and acts amendatory thereof, and sections of other codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, corporations or other entities so furnishing said materials, provisions, provender, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, corporation or entity renting or hiring implements or machinery or power for or contributing to said Work to be done, or any person who performs work or labor upon the same, or any person, company, corporation or entity who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said Surety will pay in full the same in an amount not exceeding the sum hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.

PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety.

Attachment 2
Appendix B: Sample Contract, Performance Bond, and Payment Bond, Page 12

ON-CALL TREE SERVICES
IN WITNESS WHEREOF, the Principal and the Surety have executed this instrument in duplicate this day of___________________, 2023.

Surety Principal
By: By:

Print Name/Title Print Name/Title
Address Address
( ) ( )
Telephone Number Telephone Number
Email Address Email Address
NOTARIAL CERTIFICATE OF ATTORNEY IN FACT AND SEAL OF SURETY MUST BE ATTACHED.

Attachment 2
Appendix C: Sample Task Order Form, Page 1

ON-CALL TREE SERVICES
APPENDIX C:

SAMPLE TASK ORDER FORM
Attachment 2
Appendix C: Sample Task Order Form, Page 2

ON-CALL TREE SERVICES
City of Carmel Task Order Form
Contract #
PO#:

Task Order #:

I. SCOPE AND SCHEDULE BY CITY:

Scope of Work, including locations and frequency:

Required Completion Date:

II. COST ESTIMATE AND START DATE BY CONTRACTOR:

Proposed Amount:
(Attach Back up Documents)
$ Not-To-Exceed
Start & Completion Dates: Start by: Complete by:

III. SIGNATURES:

Submitted by:

Contractor Date
Approved by:

City Forester Date
Complete and return form to Sara Davis at [email protected] within 3 business days for approval.

A signed Task Order form with City approval will be sent to the Contractor as authorization to proceed. Cost Estimate shall be based on the hourly rates submitted in the Bid Schedule.

Liquidated Damages: For inexcusable delays, the Contractor agrees to pay the City the sum of fifty dollars ($50) for each and every calendar day delay beyond the required Completion Date.

Attachment 2

ON-CALL TREE SERVICES
INVITATION FOR BIDS 22-23-003
ADDENDUM #1
Date of Addendum: 01/19/2023

NOTICE TO ALL POTENTIAL BIDDERS
The invitation for Bids is modified as set forth in this Addendum. The original Invitation for Bids Documents remains in full force and effect, except as modified by this Addendum. Bidders shall take Addendum #1 into consideration when preparing and submitting a Bid Proposal and will need to acknowledge Addendum #1 in Appendix A: Page 2, “Bid Cover Sheet.”

DATE CHANGES
The scheduled dates found on Page 1 of the On-Call Tree Services Invitation for Bids document have each been postponed by two weeks. The updated timeline is as follows:

Pre-Bid meeting: Rescheduled to Tuesday, 01/24/2023 at 2:00 pm at Carmel City Hall Council Chambers
Bidder Questions Due By: Rescheduled to Tuesday, 01/31/2023 at 5:00 pm Responses to Bidder Questions to be posted on City Website By: Rescheduled to Tuesday, 02/07/2023 at 5:00 pm
Bid Submittal Due Date and Time: Rescheduled to Tuesday, 02/14/2023 at 3:30 pm
Bids to be publicly opened in Carmel City Hall Council Chambers immediately after Bid submittal due date and time

SUBMITTAL DEADLINE
The Bid submittal due date and time has been changed to:

Tuesday, February 14, 2023 at 3:30 pm
Mail or hand deliver sealed Bids to Carmel-by-the-Sea City Hall.

END
Attachment 2
On-Call Tree Services Addendum #2

ON-CALL TREE SERVICES
INVITATION FOR BIDS 22-23-003
ADDENDUM #2
Date of Addendum: 02/09/2023

NOTICE TO ALL POTENTIAL BIDDERS
The invitation for Bids is modified as set forth in this Addendum. The original Invitation for Bids Documents remain in full force and effect, except as previously modified by Addendum #1. Bidder shall take Addendum #1 and Addendum #2 into consideration when preparing and submitting Bid Proposal and will need to acknowledge in Appendix A: Page 2, “Bid Cover Sheet.”

SUBMITTAL DEADLINE
The previously-revised submittal deadline remains Tuesday, 02/14/2023 at 3:30 pm. Mail or hand deliver sealed Bids to Carmel-by-the-Sea City Hall.

1.0 – CLARIFICATIONS
The following clarifications are provided as a matter of information to clarify issues raised from the plans, specifications and potential Bidders. All Bidders are reminded that in order to submit an acceptable Bid, the acknowledgement found on Page 2 of Appendix A of the Bid Document must be completed.

Item Clarifications

1.00 None

2.0 – QUESTIONS AND ANSWERS
The following questions and answers are provided as a matter of information to clarify issues raised from the plans, specifications and potential Bidders. The Bidder shall include all costs for the following clarifications in the Bid Schedule.

2.01 Question: What type(s) of jobs are expected to be issued first? Answer: The City intends to issue many pruning, removal, and stump grinding tasks prior to issuing other less time-sensitive tasks such as planting and watering.

2.02 Question: If contracts are awarded to multiple Bidders, how will the City decide which contractor gets which job?
Answer: Initially, the City will need to offload many jobs at once by dividing them among the awarded Bidders. There will also be times when the City will send a single Task Order to the various awarded contractors requesting quotes for certain jobs.

2.03 Question: Is tree inventory with dates, species, and size required?