Agenda packet — Morgan Hill City Council, March 2, 2022 (part 1 of 3)

Special/Regular Meeting Agenda
City Council
Rich Constantine - Mayor
Gino Borgioli - Mayor Pro Tem
John McKay - Council Member
Yvonne Martinez Beltran - Council Member
Rene Spring - Council Member
Wednesday, March 2, 2022 5:30 PM
Virtual Meeting
Link to join the meeting can be found below

VIRTUAL MEETING GUIDELINES AND PUBLIC COMMENT
In accordance with Executive Order N-25-20 and guidance from the California Department of Public Health on gatherings, remote public participation is allowed.

Physical meetings will not be in the City Council Chamber until further notice.

City Council meetings will be live-streamed on Channel 17, on the City’s website, and on the City’s Facebook page. Those members of the community that would like to participate in the meetings remotely may do so by joining the virtual meeting at:
https://bit.ly/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#.

Public comment may be provided in the following ways:
 Join the virtual City Council meeting via the link above, when public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF ZOOM TO BE

UNMUTED)
 Join the virtual meeting by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
 Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, send them to the City Clerk at [email protected] to receive a response.  Send public comments in writing to the City Clerk at
[email protected]
* Please note that comments made on Facebook are not considered public comment.

Page 1 of 558 ends

March 2, 2022
2 SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:30 p.m. for the purpose of conducting Planning Commission Interviews.

SPECIAL MEETING
5:30 p.m. Planning Commission Interviews

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

OTHER BUSINESS

1. INTERVIEW CANDIDATES TO FILL ONE (1) SEAT ON THE PLANNING

COMMISSION
Recommendation:

1. Discuss the characteristics/traits that a successful applicant(s) would possess;

2. Conduct Interviews;

3. Council Members identify top applicant(s) and provide recommendation to the Mayor; and

4. Discuss and/or appoint applicant(s).

Estimated Time: 90 Minutes

REGULAR MEETING

PROCLAMATIONS
Proclaiming the month of March 2022 as Youth Arts Month

CITY COUNCIL REPORTS

Page 2 of 558 ends

March 2, 2022
3 Council Member Spring

CITY MANAGER'S REPORT

CITY ATTORNEY'S REPORT

OTHER REPORTS

PUBLIC COMMENT
This opportunity for public comment, is for items that are not on the agenda. If you would like to make comments on an item that is on the agenda, please wait until we get to that item to offer your comments. Members of the public are entitled to address the City Council concerning any item within the Morgan Hill City Council’s subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda. (See additional noticing at the end of this agenda)

ADOPTION OF AGENDA

CONSENT CALENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. Pursuant to City Council Policies and Procedures (CP 97-01), any member of the Council or public may request to have an item removed from the Consent Calendar for comment and action.

Time Estimate for Consent Calendar: 1 - 10 Minutes

2. RECEIVE UPDATE REGARDING PAVEMENT REHABILITATION PLANNING Recommendation:

Receive update on pavement rehabilitation planning.

3. ACCEPT BRITTON MIDDLE SCHOOL PEDESTRIAN ENHANCEMENT

PROJECT
Recommendation:

1. Accept as complete the Britton Middle School Pedestrian Enhancement Project;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file the Notice of Completion with the County

Page 3 of 558 ends

March 2, 2022
4 Recorder's Office.

4. AWARD 2022 SIDEWALK REPAIR PROJECT TO ASG BUILDERS, INC.

Recommendation:

1. Adopt a resolution amending the Fiscal Year 2021-22 adopted budget to appropriate an additional $13,407 from Fund 346: Public Facilities for the 2022 Sidewalk Repair Project;

2. Award a contract to ASG Builders, Inc. in the amount of $67,860; and authorize the expenditure of 40% construction contingency funds not to exceed $27,144 for a total authorization of $95,004; and

3. Authorize the City Manager to execute and administer that certain construction contract with ASG Builders, Inc.

5. AWARD AGREEMENT FOR COMPLETION OF THE SEWER PIPE

INSPECTION AND CONDITION ASSESSMENT
Recommendation:

Approve and authorize the City Manager to execute an agreement with Water Works Engineers, LLC. in the amount of $679,852 inclusive of a 10% contingency to complete the sewer pipeline inspection and condition assessment project.

6. ADOPT RESOLUTION ADDING SECTION 20516 COST SHARE TO THE

MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES
RESOLUTION NO. 21-050
Recommendation:

Adopt resolution adding Section 20516 Cost Share to the Management, Professional, and Confidential Employees Resolution No. 21-050.

7. ADOPT RESOLUTION AMENDING THE CITY’S SOLID WASTE BUDGET AND

APPROVE AN AMENDMENT TO THE FISCAL AGENT SERVICE

AGREEMENT WITH THE COUNTY OF SANTA CLARA
Recommendation:

1. Adopt a Resolution appropriating an additional $156,658 to the City’s Countywide Solid Waste Program (Fund 246);

2. Accept the first amendment to the Fiscal Agent Service Agreement with the County of Santa Clara to increase the amount of the contract by $119,170 for a total contract amount of $528,136;

3. Authorize the City Manager to execute and administer the amendment with the County of Santa Clara; and

4. Authorize the City Manager to extend the term of the Fiscal Agent Service

Page 4 of 558 ends

March 2, 2022
5 Agreement with the County of Santa Clara for up to four additional oneyear terms.

8. ADOPT RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR

THE ANNUAL RECYCLING PAYMENT PROGRAM AND A ONE-TIME
REGIONAL GRANT TO SUPPORT SB 1383 PROGRAMS
Recommendation:

Adopt a resolution authorizing the City's application for recycling program funding through the annual CalRecyle payment program and for a one-time regional grant application to fund activities related to SB 1383 compliance.

9. APPROVE FINAL MAP FOR SAN SEBASTIAN PHASE 3A - TRACT NO. 10530 AND RELATED SUBDIVISION IMPROVEMENTS AGREEMENT
Recommendation:

1. Approve the Final Map;

2. Authorize the City Manager to execute the Subdivision Improvements Agreement with Toll CA XX, L.P.; and

3. Authorize the recordation of the Final Map and Subdivision Improvements Agreement.

10. APPROVE AN IMPROVEMENT AGREEMENT WITH MORGAN HILL

MULTIFAMILY LLC FOR THE BUTTERFIELD VILLAGE PROJECT
Recommendation:

1. Approve an Improvement Agreement with Morgan Hill Multifamily LLC;

2. Authorize the City Manager to execute the Improvement Agreement; and

3. Authorize the recordation of the Improvement Agreement.

11. APPROVE THE CONSULTANT AGREEMENT WITH CIVITAS ADVISORS IN THE AMOUNT NOT TO EXCEED $64,500 FOR THE FORMATION OF

MORGAN HILL DOWNTOWN PROPERTY BUSINESS IMPROVEMENT

DISTRICT (MHDPBID) AND DIRECT THE CITY MANAGER TO SIGN THE

PETITION IN SUPPORT OF THE DOWNTOWN PBID FORMATION
Recommendation:

1. Approve and authorize the City Manager to execute and administer a consulting agreement with Civitas Advisors not to exceed $64,500 to form a Morgan Hill Downtown Property Business Improvement District (MHDPBID); and

2. Direct the City Manager to sign the MHDPBID petition indicating the City’s

Page 5 of 558 ends

March 2, 2022
6 support of the PBID formation.

12. APPROVE THE JANUARY 28 & 29, 2022 GOAL SETTING MINUTES AND FEBRUARY 16, 2022 CITY COUNCIL MEETING MINUTES
Recommendation:

Approve the January 28 & 29, 2022 Goal Setting Minutes and February 16, 2022 City Council Meeting Minutes.

OTHER BUSINESS

13. MONTHLY BUDGET UPDATE AND JANUARY 2022 FINANCIAL AND

INVESTMENT REPORTS
Recommendation:

Accept and file report.

Estimated Time: 10 Minutes

14. ADOPT RESOLUTION CERTIFYING THE INITIATIVE PETITION TITLED:

CITIZENS’ INITIATIVE AMENDING THE GENERAL PLAN TO REQUIRE

VOTER APPROVAL OF ANY FUTURE MONTEREY ROAD LANE

REDUCTION AND DIRECT STAFF TO PREPARE AN IMPACT REPORT
Recommendation:

1. Adopt resolution accepting the City Clerk’s Certificate of Sufficiency for the Initiative Petition Titled: Citizens’ initiative amending the General Plan to require voter approval of any future Monterey Road lane reduction; and

2. Direct staff to prepare an impact report under Elections Code section 9212 within 30 days and no later than April 1, 2022, for City Council consideration at the April 6, 2022 City Council meeting.

Estimated Time: 15 Minutes
PUBLIC HEARING (TO BE HEARD AT 8:00 P.M.)

15. REVIEW AND ADOPT NEW CITY COUNCIL DISTRICT MAP
Recommendation:

1. Review and discuss draft maps 103, 104,105, 106,108, and NDC Green, including what about the maps work and does not work and what communities of interest would be protected or potentially divided; and

2. Adopt resolution adopting a City Council District map.

Page 6 of 558 ends

March 2, 2022
7 Estimated Time: 60 Minutes

PUBLIC HEARINGS

16. ADOPT INDUSTRIAL PRESERVATION AND OPTIMIZATION POLICY Recommendation:

Adopt an Industrial Land Preservation and Optimization Policy Estimated Time: 30 Minutes

17. ADOPT ZONING CODE AMENDMENT TO SECTION 18.26.020 (LAND USE REGULATIONS) OF CHAPTER 18.26 (INDUSTRIAL ZONING DISTRICTS) OF TITLE 18 (ZONING) TO MODIFY THE LAND USES PERMITTED IN THE

INDUSTRIAL ZONING DISTRICTS
Recommendation:

1. Open/close the public hearing.

2. Waive first and second reading of the Ordinance Amendment; and

3. Introduce Ordinance Amendment as recommended by staff and amended by the Planning Commission.

Estimated Time: 30 Minutes

18. ADOPTION AND RATIFICATION OF ORDINANCE NO. 2320 PREVIOUSLY

ADOPTED AS AN URGENCY ORDINANCE
Recommendation:

1. Open/close the public hearing;

2. Waive first and second reading of the Ordinance;

3. Introduce Ordinance; and

4. Adopt resolution placing Ordinance on the November 2022 ballot.

Estimated Time: 15 Minutes

FUTURE COUNCIL INITIATED AGENDA ITEMS
Note: in accordance with Government Code Section 54954.2(a), there shall be no discussion, debate and/or action taken on any request other than providing direction to staff to place the matter of business on a future agenda.

ADJOURNMENT

Page 7 of 558 ends

March 2, 2022
8 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)

PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful.

When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.

Please submit written correspondence to the Minutes Clerk, who will distribute correspondence to the City Council.

Persons interested in proposing an item for the City Council agenda should contact a member of the City Council who may plan an item on the agenda for a future City Council meeting. Should your comments require Council action, your request may be placed on the next appropriate agenda. Council discussion or action may not be taken until your item appears on an agenda. This procedure is in compliance with the California Public Meeting Law (Brown Act) Government Code §54950.

City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings. Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.

The time within which judicial review must be sought of the action by the City Council, which acted upon any matter appearing on this agenda is governed by the provisions of Section 1094.6 of the California Code of Civil Procedure.

For a copy of City Council Policies and Procedures CP 97-01, please contact the City Clerk’s office (408) 779-7259, (408) 779-3117 (fax) or by email [email protected].

AMERICANS WITH DISABILITIES ACT (ADA)
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk's Office at (408)779-7259, (408)779-3117 (fax) or by email [email protected]. Requests must be made as early as possible and at least two-full business days before the start of the meeting.

Page 8 of 558 ends

Page 9 of 558 ends

1 CITY COUNCIL STAFF REPORT
MEETING DATE: March 2, 2022
PREPARED BY:

Kim Mancera, Municipal Services Assistant
APPROVED BY: City Manager
INTERVIEW CANDIDATES TO FILL ONE (1) SEAT ON THE PLANNING

COMMISSION

RECOMMENDATION(S)

1. Discuss the characteristics/traits that a successful applicant(s) would possess;

2. Conduct Interviews;

3. Council Members identify top applicant(s) and provide recommendation to the Mayor; and

4. Discuss and/or appoint applicant(s).

Estimated Time: 90 Minutes

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Fostering a Positive Organizational Culture
Preserving and Cultivating Public Trust
Preserving our Community History
2020-2021 Strategic Priorities
Economic Development
REPORT NARRATIVE:

The City Council is recruiting to fill one (1) unexpired term on the Planning Commission with a term ending June 1, 2023. The recruitment resulted in a total of four new applicants; Paul Lake, Thomas Spitters, Chelsea Doiguchi, and Mark Grisedale.

All applicants have been invited to interview before the City Council on March 2, 2022.

All applicants have confirmed availability. Their applications are attached for Council consideration.

COMMUNITY ENGAGEMENT:

Involve

Page 10 of 558 ends

1 Recruitment efforts were undertaken to encourage citizens to apply for City Council appointment consideration to the Planning Commission via the Morgan Hill Times, City Website, Government Access Channel, Facebook, NextDoor, outreach to community groups, and the weekly 411 emails.

ALTERNATIVE ACTIONS:

The City Council may choose not to make an appointment to fill the vacant seat. If the City Council desires, it could decide to re-open the application process to solicit more applicants to fill the seat not appointed at the March 2, 2022 meeting.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

Planning Commissioners serve four-year terms with possible reappointment consideration. Every year, recruitment efforts are conducted to maintain the seven (7) member Commission.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with the actions to interview and appoint, as the recruitment and appointment process is accommodated in the Administrative Services operating budget.

CEQA (California Environmental Quality Act):

Not a Project.

The interview and appointment of commissioners is not a project, as defined in Section 15378 of the State CEQA guidelines.

Page 11 of 558 ends

"&'()*+

,
-./$0
10234.425.
%20
!20#.
5#
"2--4..425.6
789:;<=>?

@
@
,
$A)'BCDA&E*F)
GH
BG'+IA
'FI

JGEEDAADGFA

/&*+*
'+*
*A)'BCDA&*I
KD)&DF
)&*
JD)L
)&*

HGCCGKDFM
BG'+IA
'FI

JGEEDAADGFAN
1C'FFDFM

JGEEDAADGFO
1'+PA
'FI
+*J+*')DGF

JGEEDAADGFO
QDB+'+LR
JSC)S+*
'FI
'+)A

JGEEDAADGFO
'FI
#DA'A)*+

JGSFJDC

TFC*AA
G)&*+KDA*
A*)
HG+)&R
'CC
E*EB*+A
GH
BG'+IAR

JGEEDAADGFA
'FI
JGEED))**A
A&'CC
B*
+*ADI*F)A
GH
)&*
JD)L
'FI
A&'CC
JGF)DFS*
)G
B*
+*ADI*F)A
GH
)&*
JD)L
IS+DFM
)&*D+
)*+EA
GH
GUJ*

5G)KD)&A)'FIDFM
)&*
HG+*MGDFMR

DFIDVDIS'CA
K&G
+*ADI*
KD)&DF
)&*
-G+M'F
WDCC
TFDX*I
.J&GGC
#DA)+DJ)
BGSFI'+L
'FI
K&G
IG
FG)
G)&*+KDA*
+*ADI*
DF
'FL
JD)L
G)&*+
)&'F
-G+M'F
WDCC
E'L
B*
'((GDF)*I
)G
BG'+IAR

JGEEDAADGFA
'FI
JGEED))**A
(+GVDI*I
)&')
FG
EG+*
)&'F
)&D+)L
(*+J*F)
GH
)&*
E*EB*+A
GH
'FL
BG'+IR

JGEEDAADGF
G+
JGEED))**
A&'CC
B*
FGF,-G+M'F
WDCC
+*ADI*F)A

-*EB*+A
A&'CC
B*
'((GDF)*I
BL
)&*
E'LG+
ASBY*J)
)G
'((+GV'C
GH
'
E'YG+D)L
VG)*
GH
)&*
JD)L

JGSFJDC
'FI
E'L
B*
+*EGV*I

KD)&GS)
J'SA*
BL
VG)*
GH
'FL
)&+**
E*EB*+A
GH
)&*
JD)L

JGSFJDC

/&*
'((GDF)E*F)
)*+EA
GH
E*EB*+A
E'L
B*
*Z)*FI*IR
')
)&*
IDAJ+*)DGF
GH
)&*
JD)L

JGSFJDCR
SF)DC
ASJ&
)DE*
'A
'
ASJJ*AAG+
E*EB*+
E'L
B*
'((GDF)*I
'FI
)'P*
GUJ*

3'J'FJD*A
DF
)&*

JGEEDAADGF
GJJS++DFM
G)&*+
)&'F
BL
*Z(D+')DGF
GH
)*+E
A&'CC
B*
XCC*I
HG+
)&*
SF*Z(D+*I
)*+E
DF
)&*
A'E*
E'FF*+
'A
G+DMDF'C
'((GDF)E*F)A

/&*
E*EB*+A
GH
)&*

JGEEDAADGF
A&'CC
G+M'FD[*
)&*

JGEEDAADGF
'FI
A&'CC
*C*J)
H+GE
D)A
E*EB*+A
'
J&'D+
'FI
VDJ*,J&'D+
'FI
ASJ&
G)&*+
GUJ*+A
'A
E'L
B*
F*J*AA'+L
DF
'JJG+I'FJ*
KD)&
'IG()*I
JD)L

JGSFJDC
(GCDJL

\2+I

]]^
5 .

\('+)`R

@@a`
\2+I

b@
5 .

R
_

R
,

,
@@bO
2+I

bc
5 .

R
_

R
a,,
@@b`

@@
,
"C*+P
'FI
A*J+*)'+L

/&*
JD)L
JC*+P
G+
I*ADMF')*
A&'CC
'CAG
'J)
'A
JC*+P
HG+
*'J&
GH
)&*
BG'+IA
'FI

JGEEDAADGFA
'FI
A&'CC
&'V*
'S)&G+D)L
)G
ADMF
'FL
GUJD'C
FG)DJ*A
'FI
'CAG
)G
J*+)DHL
'FL
+*AGCS)DGF
GH
)&*

JGEEDAADGFA
G+
BG'+IA

/&*
JD)L

JGSFJDC
E'L
'((GDF)
'
(*+AGF
FG)
'
E*EB*+
GH
)&*

JGEEDAADGF
G+
BG'+I
)G
'J)
'A
A*J+*)'+L
GH
)&*

Page 12 of 558 ends

!!"##" $
%
& '%(

)*+
#+%+,'%-
#*'..
/++0
'
%+ %(
1 '..
0% ++("$2#
1 #'"(
& '%(
%
!!"##" $3
",#
%+# .4," $#3
",#
5$("$2#
'$(
'," $#3
6*"*
%+ %(#
#*'..
&+
'
04&."
%+ %(
'$(
/+0,
6",*
,*+
",-
.+%/
"$
,*+

",-
7'..
&4".("$2

89%(

:;;<
=
>

?
@
80'%,A3
@BBCA
@
@@
BDB
E
F4.+#
1 0% +(4%+

)*+
*'"%
#*'..
0%+#"(+
',
'..
!++,"$2#
1 ,*+
& '%(
%
!!"##" $

)*+
G"+
*'"%
#*'..
'##4!+
,*+
(4,"+#
1 ,*+
*'"%
"$
,*+
'&#+$+
1 %
"$
'#+
1 "$'&".",-
1 ,*+
*'"%

!'H %",-
1 ,*+
!+!&+%#
1 ,*+
!!"##" $
%
& '%(
#*'..
$#,",4,+
'
I4 %4!
1 %
,*+
,%'$#'," $
1 &4#"$+##

J$.+##
,*+%6"#+
#0+"5+(
*+%+"$3
+'*
& '%(
%
!!"##" $
!'-
'( 0,
",#
6$
%4.+#
'$(
%+24.'," $#
1 %
,*+
,%'$#'," $
1 ",#
&4#"$+##

>4*
%4.+#
#*'..
&+
#4&H+,
,
'00% G'.
1 ,*+
",-
4$".
&+1 %+
&+ !"$2
+K+,"G+

89%(

:;;<
=
>

?
@
80'%,A3
@BBCA
@
@@
BLB
E
F4.+#
1 ',,+$('$+

M1
'$-
!+!&+%
"#
'&#+$,
1% !
,*%++
1 '$-
#"N
$#+4,"G+
%+24.'%
& '%(
%
!!"##" $
!++,"$2#3
4$.+##
#4*
'&#+$+
"#
6",*
,*+
0+%!"##" $
1 ,*+
*'"%3
%
G"+
*'"%
"$
'&#+$+
1 ,*+
*'"%3
+N0%+##+(
"$
,*+
O"'.
!"$4,+#3
,*+
!+!&+%P#
#+',
#*'..
&+
(++!+(
G'',+(

)*+
",-
!'$'2+%
#*'..
#
$ ,"1-
,*+
",-
4$".
'$(
,*+
4$".
#*'..
,'/+
'," $
,

5..
,*+
#+',
6",*"$
'
%+'# $'&.+
0+%" (
1 ,"!+

89%(

:;;<
=
>

?
@
80'%,A3
@BBCA
@
@@
BCB
E
Q++,"$2#

J$.+##
,*+%6"#+
#0+"5+(3
,*+
!!"##" $
#*'..
* .(
%+24.'%
!++,"$2#
$+
+G+%-
,6
! $,*#
',
'
(+#"2$',+(
,"!+
'$(

0.'+
6*"*
#*'..
&+
5N+(
'$(
(+,+%!"$+(
&-
,*+
!!"##" $
'$(
+$,+%+(
40 $
"$
",#
!"$4,+#

>0+"'.
!++,"$2#
1 ,*+
!!"##" $
!'-
&+
'..+(
',
'$-
,"!+
&-
,*+
*'"%
%
&-
'
!'H %",-
1 ,*+
!+!&+%#
1 ,*+
& '%(
40 $
$ ,"+
&+"$2
2"G+$
,
'..
!+!&+%#
1 ,*+
& '%(
'$(
,
'..
$+6#
!+("'
',
.+'#,
,6+$,-E1 4%
* 4%#
"$
'(G'$+
1 ,*+
!++,"$2#3
'#
%+I4"%+(
&-
,*+
.'6#
1 ,*+
#,',+
1 '."1 %$"'

89%(

:;;<
=
>

?
@
80'%,A3
@BBCA
89%(

:RSB
=
>
3 ?
S3
DE@@E@BBRA
@
@@
B;B
E

!0+$#'," $

Page 13 of 558 ends

!"
#$

!%&
%'&
(!

) )!'
$%**

,)#$!-#
(!
.
' %#)!'

(
)+

)

'#
"!
%(#-%*
%'&
'
(
%/

0. '&)#-

!
)'(-
&
)'
#$

.
"!
%'(

!"
#$
)
.
()

&
&-#)

)'
%((!&%'(

,)#$
#%#

*%,
%'&
#$

-')().%*
1!&

%'&
.!*)()

!"
#$

()#/
!"
!2%'
3)**4
56&4
7889
:4;4
<
=

5.%#>?
=@@A>
=4==4@9@
B
CD
(#4
:!#$)'2
)'
#$)
($%.#

$%**

(!' #-
&
%

#)(#)'2
!
(-#%)*)'2
%'/
!"
#$

.!,

!"
#$

()#/
(!-'()*
!
()#/
!E(

%
&
F'
&

/
#$

*%,
!"
#$

#%#

!"
1%*)"!')%
!

/
#$)
-')().%*
1!&
4 C0(
.#
%
!#$
,)

#
"!#$
)'
1$%.#

=4GA?
#$

()#/
(!-'()*
&
(*%

#$%#
#$

.-
*)(
)'#

#
%'&
(!'+
')
'(

H-)

%..!)'#

'#
!"
#$

!%&
%'&
(!

) )!'

#%
*) $
&
.- -%'#
#!
;
(#)!'
=4==4@7@
#!
%(#
.-
*/
)'
%'
%&+) !/
(%.%()#/
#!
#$

()#/
(!-'()*4
56&4
7889
:4;4
<
=

5.%#>?
=@@A>

Page 14 of 558 ends

!"#$%&

'
(
)*++,+-
.//,00,.+1 23456789:

';
;
(
&%"$%<=0$"$>$?&@
">$!?&A$@
B!%
#C"DDADE
F?GGAHHA?D
AH
%H$"ICAH!%<
#>&H>"D$
$?
$!%
">$!?&A$@
F?D$"AD%<
AD
!"#$%&

?J
BA$C%
K,,
?J
$!%
"CAJ?&DA"
-?L%&DG%D$
?<%M
%D$A$C%<
N*?F"C
)C"DDADEM
N
"H
%OAH$ADE
?&
!%&%"J$%&
"G%D<%<
P%J%&%DF%
H!"CC
I%
G"<%
$?
H"A<
!"#$%&

J?&
AD$%&#&%$"$A?D
?J
$!AH
F!"#$%&
Q.&<
R

+0
S

Q,,(
(
TM

URVT

';
;
(
/%GI%&H!A#=B%&GH
?J
?WF%=K"F"DFA%H
B!%
FA$@
#C"DDADE
F?GGAHHA?D
H!"CC
F?DHAH$
?J
H%L%D
G%GI%&H
/%GI%&H
?J
$!%
#C"DDADE
F?GGAHHA?D
H!"CC
H%&L%
$!%
J?CC?XADE
$%&GHY
,D
$!%
@%"&

UURM
$!&%%
G%GI%&H
H!"CC
I%
"##?AD$%<
$?
H%&L%
$%&GH
%D<ADE
Z>D%

;;
[
B!%
J?>&
G%GI%&H
X!?
X%&%
"##?AD$%<
AD

UU'
H!"CC
H%&L%
$%&GH
%D<ADE
Z>D%

UUU[
B!%&%"J$%&M
"CC
$%&GH
H!"CC
I%
J?&
J?>&
@%"&H
"D<
H!"CC
%O#A&%
?D
Z>D%

H$
Q.&<

VVR
+0
S
\M

;;'Y
.&<

];V
+0
S

UUR[
.&<

+0
S

UU
[
.&<
R

+0
S

Q,,(
(
TM

URVT

';
;
(
/%%$ADEH
B!%
F?GGAHHA?D
H!"CC
!?C<
&%E>C"&
G%%$ADEH
"$
C%"H$
$XAF%
"
G?D$!
?&
"H
?$!%&XAH%
<%%G%<
D%F%HH"&@
I@
$!%
F?GGAHHA?D
CC
G%%$ADEH
?J
$!%
F?GGAHHA?D
H!"CC
I%
!%C<
AD
$!%
FA$@
F?>DFAC
F!"GI%&H
"$
A$@
^"CC
?&
?$!%&
C?F"$A?D
<%HAED"$%<
I@
GAD>$%
?&<%&
?J
$!%
FA$@
F?>DFAC
?&
"$
"
C?F"$A?D
<%%G%<
D%F%HH"&@
?&
"##&?#&A"$%
I@
$!%
#C"DDADE
F?GGAHHA?D
Q.&<

UV
+0
S

Q#"&$TM

UU]Y
.&<
R

+0
S

Q,,(
(
TM

URVT

';];
(
)?X%&H
"D<
<>$A%H
B!%
#C"DDADE
F?GGAHHA?D
H!"CC
!"L%
$!%
#?X%&H
"D<
H!"CC
#%&J?&G
"CC
$!%
<>$A%H
F?DJ%&&%<
"D<
AG#?H%<
>#?D
FA$@
#C"DDADE
F?GGAHHA?DH
I@
$!%
"##CAF"IC%
#&?LAHA?DH
?J
!"#$%&

?J
BA$C%
K,,
?J
$!%
-?L%&DG%D$
?<%
?J
$!%
H$"$%
"D<M
AD
"<<A$A?DM
$!%
#C"DDADE
F?GGAHHA?D
H!"CCY
)%&J?&G
"CC
$!%
J>DF$A?DH
"HHAED%<
$?
$!%
F?GGAHHA?D
I@
$!%
H>I<ALAHA?D
"D<
_?DADE
?&<AD"DF%H
QBA$C%H

V
"D<

R
?J
$!AH
F?<%T
?J
$!%
FA$@M
"D<
"CC
E%D%&"C
C"XH
?J
$!%
H$"$%
?J
"CAJ?&DA"[
0%&L%
"H
"D
"<LAH?&@
I?<@
$?
$!%
FA$@
F?>DFAC
?D
G"$$%&H
&%C"$%<
$?
FA$@
E&?X$!
"D<

Page 15 of 558 ends

! "#$% &'
(&
#&
)*+,
#', -
%('' -)
()
%(.
/
- 0* )'
/.
',
+#*&+1"2
3-#%#'
$*/"1+
1&' - )'
1&
(&
*& -)'(&1&4
#5
',
)*/1!1)1#&
(&
6#&1&4
#-1&(&+ )
#5
',
+1'.7
(&
(")#
#5
(""
%()' -
$"(&)
(&
#', -
#8+1("
$"(&)
(&
- 4*"('1#&)
$ -'(1&1&4
'#
$"(&&1&4
9,1+,
,(!
/ &
($$-#!
#8+1("".
/.
',
+1'.
+#*&+1"2
: !1 9
(&
(!1)
',
+1'.
+#*&+1"
#&
(""
$-#$#)
(% &% &')
'#
;1'"
<=7
>*/1!1)1#&)7
(&
;1'"
<?7
3"(&&1&4
(&
@(&
A)
: 4*"('1#&)2
B$$-#!
#-
1)($$-#!
($$"1+('1#&
5#-
)14&('1#&
#5
+*"'*-("
- )#*-+ )
(&
,1)'#-1+
1)'-1+')
$*-)*(&'
'#
,($' -
<?=C
#5
',1)
+# 7
#-
()
(% & 2
B$$-#!
#-
1)($$-#!
$ -%1')
)#*4,'
'#
- %#!
#-
%#"1),
(
+*"'*-("
- )#*-+ 7
+*"'*-("
- )#*-+
)1'
#-
,1)'#-1+
1)'-1+'
$*-)*(&'
'#
,($' -
<?=C
#5
',1)
+# 7
#-
()
(% &
DE-
<<<<
F>
GG
H7
I7
<JJH2
E-
?JJ
F>
G
<?7
<J?J2
E-
?<<
F>
G
<
DKKLILMN7
<J?=N

Page 16 of 558 ends

Page 17 of 558 ends

Page 18 of 558 ends

1/6/22, 2:22 PM www.morgan-hill.ca.gov/Admin/FormCenter/Submissions/Print/31614 www.morgan-hill.ca.gov/Admin/FormCenter/Submissions/Print/31614 3/3 Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

Please review the City Council Ethics Policy
City Council Ethics Policy
Please type name to sign. By my signature, I agree to comply with all government regulations, should I be appointed to serve on a City of Morgan Hill Commission or Committee and confirm that I have read the attached Ethics Policy and that I do subscribe to this Policy; that I will apply it to the specific responsibilities s which I may be assigned; and that I will practice the core values set forth in this Policy in my public service for the City of Morgan Hill. Additionally, I commit to attend and participate in all Commission and Committee meetings to which I am appointed, unless excused by the Chair.* Date*
Chelsea Doiguchi
12/14/202 1:00 PM

Page 19 of 558 ends

City of Morgan Hill
Planning Commision
17575 Peak Avenue
Morgan Hill, CA 95037
December 15, 2021
Dear Planning Commissioners,
I am excited to be applying for a seat on the planning commission for the city of Morgan Hill. This opportunity appears to be a great fit, as I am very familiar with the cultural diversity of the community having lived in the bay area for 34 years. I have been living in Morgan Hill (Paradise neighborhood) for almost 6 years. I grew up in Mountain View, just 40 minutes from Morgan Hill. I also attended public schools in Mountain View. I am an energetic and committed individual who understands the challenges a city must undergo.

As a high school social studies teacher at Los Altos High School, I believe in creating socially conscious citizens that have the skills and knowledge to meet the unique challenges of the twenty-first century as well as providing the knowledge and support to help students achieve their personal and academic success.

One way I do this is by having my senior economics students do an Urban Plan Project. I have worked collaboratively with the Urban Land Institute (ULI) for the past 6 years to teach my students leadership skills on responsible uses of land and in creating sustainable thriving communities. Students learn how forces of our market economy clash and collaborate with non-market forces of our representative democracy to create the built environment. I have worked closely with over 30 ULI member volunteers who are all local land use professionals including various city managers, planning commissioners, city council members, mayors, economic development managers, etc. These individuals have spent hours in my classroom working with my students on their site plans for their development projects as well as communicating with me about their careers. I have grown to enjoy learning about city planning. When I recently told them about this opening all of them encouraged me to apply and said I would learn so much about land use.

I have taught high school social studies for over 11 years in very diverse cities including Vacaville, Salinas, Campbell and Los Altos. I collaborate weekly with the social studies department, have served as course team lead for various social studies courses, have been a focus group leader for the school’s WASC (Western Association of Schools and Colleges) Plan, have coached JV softball, and am currently a site building representative for our MVLA DTA (teachers association).

Page 20 of 558 ends

Prior to teaching, I attended the University of California, Davis where I received my teaching credential and master’s degree in education. I went to the University of California, Irvine and received a bachelor’s degree in psychology and social behavior and criminology, law and society with a minor in education.

Being born and raised in this area, I am very familiar with Silicon Valley’s diverse population and rich culture. I have seen so much change in public/private land use. From this knowledge, I believe this position with the planning commission would be a perfect opportunity for me to continue growing as an informed community member, educator and as an individual to best serve the residents and City of Morgan Hill. I have always had a passion for working with the community that extends beyond the classroom.

I have attached my resume as well as the required paperwork. If you have any questions, please feel free to call me at any time. I look forward to hearing from you soon and welcome the opportunity to discuss my qualifications further. Thank you for your consideration.

Sincerely,
Chelsea Doiguchi
Chelsea Doiguchi

Page 21 of 558 ends

CHELSEA DOIGUCHI

EDUCATION
● Master of Arts in Education, University of California, Davis ● Single Subject Social Science Credential, University of California, Davis ● Bachelor of Arts in Psychology and Social Behavior; Bachelor of Arts in Criminology, Law and Society; Minor in Education, University of California, Irvine

CREDENTIAL
● Single Subject Teaching Credential – Social Science

SUMMARY OF QUALIFICATIONS
● Highly motivated, enthusiastic, and caring educator who believes all students can be successful ● Ability to create stimulating and quality lessons to meet the learning objectives of each student ● Effective classroom management built around respect, cooperation, and trust

EXPERIENCE
Social Studies Teacher Los Altos High School Los Altos, CA 8/2014- Present ● Experience in teaching AP Psychology, Economics, U.S. History, World Studies and Contemporary World Issues.
○ Economics - Worked collaboratively with the Urban Land Institute to implement the Urban Plan Project for high school seniors. Attended various trainings and workshops as well as worked closely with land use professionals over the past 6 years.
● Planned and implemented lessons aligned with Common Core Standards ● Collaborated weekly with social studies department producing common lessons, assessments and rubrics ● Provided differentiated lessons and scaffolded assignments and assessments to meet the needs of English Language Learners and students with 504 and IEPs.
● WASC Focus Group Co-Lead
○ Collaborated with and led a focus group for WASC school report. ○ Reviewed our previous self- study
○ Collected data to justify our school’s progress and goals ○ Prepared a report of our findings and future steps in our school’s new self-study for future implementation
● Co-Course Team Lead: Contemporary World Issues, Economics, AP Psychology ● Club Advisor for Student Led Clubs- One Step at at Time (collaborated with NAMI of Santa Clara County), Random Acts of Kindness, STEAM LAHS
● JV Softball Coach, 2014-2016
● DTA Site Building Representative 2018- Present

Page 22 of 558 ends

Social Science Teacher Del Mar High School San Jose, CA 9/2013-6/2014 Experience in teaching AP Government and Politics, Economics, Government, and Plato Online Course. Planned and implemented lessons aligned with Common Core Standards. Collaborated weekly with social studies department producing common units and worked closely with English department creating interdisciplinary common assessments. Provided differentiated lessons and scaffolded assignments and assessments to meet the needs of English Language Learners and students with 504 and IEPs.

Social Science Teacher North Salinas High School Salinas, CA 9/2010-9/2013 Experience in teaching Government, Economics, U.S. and World History. Ability in creating engaging lesson plans by connecting the material to the students’ interests. Foster a learning environment by taking an active interest in my students in and outside the classroom. Supply differentiated instruction to meet the needs of all learners; provide modifications for English Language Learners and students with 504s and IEPs. Ability to teach TR classes (transitional classes) that incorporate teaching strategies for scaffolding the learning process for English learners.

Plan, develop and administer exams, including but not limited to benchmark and CSTs. Involved in school-wide special events and collaborated with the Social Science and Special Education departments. Appointed Social Science course lead; developed department-wide common assessments and used data-based facts to report students’ learning to the Principal. Assisted in an after school tutorial program for students failing two or more classes. Participated in Gradual Release of Responsibility Training (GRR), Constructing Meaning (CM), and Common Core State Standards Workshop for Social Science. Served as the Club advisor for softball and coached two years of Junior Varsity girl’s softball.

Student Teacher Vacaville High School Vacaville, CA 1/2010-6/2010 Planned and implemented California standards-based curriculum as well as followed a district-wide pacing guide in U.S. History. Taught in a culturally diverse classroom setting with several students with IEPs and 504 Plans as well as students who were classified as ELLs. Provided scaffolding to make work accessible for all students. Prepared and administered exams including benchmark assessments. Participated in school-wide special events, faculty/department meetings and report card preparation.

Student Teacher Willis Jepson Middle School Vacaville, CA 10/2009-12/2009 Taught a culturally diverse 8th grade U.S. History class with several students who were classified as ELLs as well as students with IEP and 504 Plans. Provided modifications to make work accessible for all students. Prepared and administered exams including benchmark assessments.

Substitute Teacher Vacaville Unified School District Vacaville, CA 3/2010-6/2010 Taught at high schools in the Vacaville Unified School District. Followed and implemented California standards-based lesson plans.

Humanities Out There Tutor Century High School Santa Ana, CA 12/2008-3/2009 Tutored and taught U.S. History lessons to a primarily low SES student population with several students who were identified as ELLs. Revised and made accommodations to make work obtainable for all students.

Participated in meetings with University of California, Irvine Humanities Out There program directors to prepare lessons.

Elementary School Mentor Wilson Elementary School Costa Mesa, CA 3/2007-6/2007 Tutored and taught modified science lessons to a school population which was 99% socioeconomically disadvantaged and 77% of students who were classified as English Learners through UC Irvine’s Department of Education after school Links Program.

Drop-Out Recovery Liaison Valley Vista High School Fountain Valley, CA 3/2008-6/2009 Volunteered and tutored culturally diverse, low SES, at-risk students in various subjects at Valley Vista Continuation School. Sat-in during student interventions with the school psychologist and student support team. Hired as a drop-out recovery liaison by the Huntington Beach Union High School District. Contacted parents of students who were put on a district-wide drop-out list, referred students to alternative education

Page 23 of 558 ends

programs (Adult Education, ACCESS, GRE preparation, community college), in contact with various school registrars and probation officers to verify students’ enrollment.

SPECIAL INTERESTS
● Teaching Leadership, Student Government, Mock Trial, and Peer Counseling ● Coaching girl’s softball, club advisor
● WASC coordination

ADDITIONAL TRAINING
● NFHS Fundamentals of Coaching and CIF Certified
● AP Training October 2013, AP Government and Politics
● AP Training June 2017, AP Psychology

HONORS AND AWARDS
● Received SURP Grant at the University of California, Irvine (Summer Undergraduate Research Opportunities Program). Performed research on pre-service teachers in the MAT program with faculty mentor Dr. Lindsey E. Richland
● Deans Honor List (2 quarters). University of California, Irvine

Page 24 of 558 ends

Page 25 of 558 ends

Page 26 of 558 ends

1/6/22, 2:51 PM www.morgan-hill.ca.gov/Admin/FormCenter/Submissions/Print/31939 www.morgan-hill.ca.gov/Admin/FormCenter/Submissions/Print/31939 3/3 Yes
No
Are you next in line to serve as Chair or Vice-Chair?
Yes
No
Are you currently serving on a committee
Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

Page 27 of 558 ends

Dr. Mark Grisedale DVM
Morgan Hill, CA 95038
I have lived and/or worked in Morgan Hill for about 13 years raising my two boys here. Now that the boys are out of the home, I intend to become more involved in issues important to me and our community. I currently serve as a commissioner on the Santa Clara County Fish & Game Commission. I have been on the School Board of St. Catherine School. I am currently a member of LeTip and Rotary. I feel my experience, concern and common sense approach would be an asset to the Planning Commission and the community as a whole. Thank you for your consideration.

Mark

Page 28 of 558 ends

Dr. Mark Grisedale DVM
Morgan Hill, CA 95038
I do not have a resume but will provide my educational and work history. All dates are approximate.

EDUCATION:
1980-1982 Bakersfield College
1982-1985 Cal Poly San Luis Obispo
1985-1989 University of California- Davis
I have a B.S. in Veterinary Science and a Doctor of Veterinary Medicine degree

WORK EXPERIENCE
Childhood – 1989: I was a cowboy working on my family’s cattle ranch 1989-1992 – Peninsula Equine, equine veterinarian
1992-1997 – Self employed equine veterinarian
1998-2011 – Stanford University Cardiothoracic Surgery Department (part time research)
1997-present – Self employed independent financial advisor

Page 29 of 558 ends

Page 30 of 558 ends

Page 31 of 558 ends

1/6/22, 2:41 PM www.morgan-hill.ca.gov/Admin/FormCenter/Submissions/Print/31206 www.morgan-hill.ca.gov/Admin/FormCenter/Submissions/Print/31206 3/3 Yes
No
Are you next in line to serve as Chair or Vice-Chair?
Yes
No
Are you currently serving on a committee
Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

Page 32 of 558 ends

paul h. lake

Building Community & Legacy
From startups to global corporations, a premier executive portfolio of proven expertise with 20 years in Silicon Valley high tech leadership in Customer Support/Success, Development, Project Management, Cloud Business Operations, Organizational Training, Mergers & Acquisitions, Procurement & Vendor Management.  Leadership & Building: Values based leadership and a proven track record in creating high performance teams  Strategy: Possesses solid experience in building agile, scalable and creative workplace models  Organizational Development: Track record of merging and training different teams to build a cohesive unit  Customer Focus: Engagement with customers & partners, aligning actions for their success  Analytical Thinking: Strong ability to dissect complex issues, communicate and formulate actions plans Senior Director Business Operations, Global Business Units Cloud Oracle Sept 2012 – current  Created a 6 member Business Operations team for an acquired Industry Cloud Ops IT team of 400+  > $80M CAPEX > 80 Data Centers, $20M OPEX (Cisco, DiData, MS Azure, Splunk, AWS, Equinix, DRT)  C-level communication and approvals as part of the CAPEX and Vendor Management process  Procurement for Data center Compute Racks, Circuits, Network gear, memory, disk,space and power  Negotiated contracts with 3rd Party software vendors, resulting in cost savings of over $5M in 4 years  Negotiated contracts with data center partners, resulting in cost savings over $4M in 3 years  Created and trained team on a deal review process, improving velocity for GBU cloud deal volume >600 a year  Created and trained team on M&A playbook, improving efficiency, eliminated contractual delays and liability  Integrated at least 1 cloud M&A a year (e.g. Micros, Textura, Opower, Aconex, ClearTrial) Senior Director, Customer Support and Dev, Health Sciences Cloud Oracle Sept 2010 – Sept 2012  Led Change Management efforts to make acquired companies successful within Oracle, post-merger  Integrated and led acquired Phase Forward and Oracle legacy Health Science support teams  Led 80+ global team of Cloud Support, Customer Success Managers, and Development Support  Executed organizational training plan to implement a cloud support model from on-premise support  Increased Customer Satisfaction from 83% to 91%
 Reduced support costs by implementing a proactive Top Account Customer Success program  Managed $10 Million dollar CAPEX and OPEX budget tied to the 24x7 global support Director, Siebel CRM OnDemand Cloud Support Oracle Redwood City, CA. March 2006 – Sept 2010  Member of PeopleSoft M&A Integration Team, then asked to manage Siebel cloud support team of 130  Developed unifying organizational training plan for merged team, keeping churn due to acquisition to below 2%  Led a global Cloud team to increase customer satisfaction by 20% in 6 months  Created Customer Success Advisory team, improved customer on-boarding and higher customer adoption  2008 awards - Outstanding Team award , Outstanding ‘Leadership and Passion’ award Senior CRM Customer Support Manager PeopleSoft Pleasanton, CA. March 2002 – March 2006  Managed PeopleSoft CRM support team of 30 to achieve Customer Sat scores greater than 92% for over 2 years  Developed and trained team on preventative support practices as part of Proactive Support Pilot  Implemented Top 10 Customers Success Program, reducing upgrade/install issues by 80%  Honored with a CRM Support ‘Commitment to Excellence’ award

Page 33 of 558 ends

Customer Support Director Annuncio Software Mountain View, CA. Feb 2000– March 2002  Built, trained and managed a top performing Cloud Customer Success team of 12 at a cloud startup  Instituted weekly Resolution meetings with Dev and Support to resolve top priority customer issues  Successfully advocated for enterprise level cloud testing, dramatically reducing customer down time  Awarded Annuncio’s ‘Top Dog’ honor for ‘Strongest Customer Advocate’ San Jose State University, San Jose Master of Science in Engineering Management California State University, East Bay Bachelor of Science in Computer Science Middlesex University, London Associate Degree, Computer Studies San Jose State University, San Jose Certified Customer Support Manager IESE & University of Michigan Executive Insight Program Stanford School of Business and Design Executive Leadership Customer Innovation Program

Page 34 of 558 ends

Paul H. Lake

I am very excited to apply for a position on the Morgan Hill Planning Commission. I have served several terms on the Morgan Hill Library, Arts and Culture Commission, including a term as Chair. It is a most fulfilling honor to serve the City of Morgan Hill, and I am eager to continue to do, and I am very excited about the opportunity to server on the Planning Commission.

I think my experience working with the LCAC and the City Council, combined with my business and professional skills will enable me to make a positive and impactful contribution to the Planning Commission.

At the start-up Annuncio Software, I was recruited to help build and train the Customer Support team.

When Annuncio sold to PeopleSoft, my career continued in Customer Success/Technical Support leadership positions, at PeopleSoft and then at Oracle.

I have managed 2 large cloud support teams at Oracle, first in the CRM ERP space, and then in the Health Sciences and Clinical Trials space. Most recently, I have a created a Cloud Business Operations team, with a charter to negotiate contracts, data center and infrastructure supplier procurement and renewals.

I think that my understanding of organizational culture and people management, gathered from my training, and my experiences in startup, medium or global companies, gives me a unique and valuable skill set that I can offer to any organization that is trying to design to scale, or trying to improve team execution.

Being inclusive, transparent, supportive, honest and respectful are ‘must-haves’ in my book. In addition, organizational and training is key to developing high performing team, so organizational training and development has been an integral component for each team I have managed.

It has also been my pleasure to work with and to help other organizations, such as:

I am happiest when I am
communicating and
collaborating. I promote a
team culture of high
performance. I inspire others
and keep my team focused on
the larger goal through
change.

I am fair, respectful,
insightful and fun. I have a
positive attitude that is
infectious. I lead by example,
and instill confidence and a
‘can do’ attitude. I love to
build teams.

Page 35 of 558 ends

 Oracle recruitment promotional video - https://www.youtube.com/watch?v=gsqsOw9-eAU  Morgan Hill City Commissioner, Library, Arts and Culture. Head of Commission for 2017  Former Guest Lecturer at California State University East Bay in ‘Leadership and Change Management’
 Guest speaker at YALI (Young African Leaders Initiative) on Team Leadership  Guest panelist at Technology Services World on ‘Realizing the value of Saas’  Guest speaker for Oracle Support at the SoCal CRM Customer Summit  Guest presenter at SSPA Conference at the Venetian in Las Vegas on ‘Successful SaaS Strategy’  Guest presenter at Hitachi Chemical on ‘Coaching Your Bench’

Page 36 of 558 ends

Page 37 of 558 ends

Page 38 of 558 ends

1/6/22, 2:27 PM www.morgan-hill.ca.gov/Admin/FormCenter/Submissions/Print/31445 www.morgan-hill.ca.gov/Admin/FormCenter/Submissions/Print/31445 3/3 Yes
No
Are you next in line to serve as Chair or Vice-Chair?
Yes
No
Are you currently serving on a committee
Yes
No
Are you assigned to a special project? If you are assigned to a special project, please describe the project.

Page 39 of 558 ends

Page 40 of 558 ends

Page 41 of 558 ends

Page 42 of 558 ends

Page 43 of 558 ends

2 CITY COUNCIL STAFF REPORT
MEETING DATE: March 2, 2022
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

RECEIVE UPDATE REGARDING PAVEMENT REHABILITATION

PLANNING

RECOMMENDATION(S)
Receive update on pavement rehabilitation planning.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Maintaining Infrastructure
2020-2021 Strategic Priorities
Transportation
REPORT NARRATIVE:

City staff are in the process of finalizing the design and bidding the 2022 Pavement Rehabilitation Project. As planned, the project prioritizes the repair of the City’s arterial and collector roadways, while allocating some of the available funds to the resurfacing of residential streets. With annual funding from State Senate Bill 1 (Road Repair and Accountability Act of 2017), and Measure B (2016 voter approved countywide half-cent tax to enhance transportation), the City will again resurface a significant number of roadways in 2022.

This update is provided now to provide the Council with a high level outline of future pavement rehabilitation planning. The current plan for rehabilitation for roadways is outlined below:
2021 Pavement Rehabilitation Project - Completed
 Tennant Avenue from Vineyard Avenue to Monterey Road
 Peak Avenue from Dunne Avenue to Wright Avenue
 DeWitt Avenue from Alkire Avenue to Claremont Avenue
 Main Avenue from DeWitt Avenue to Peak Avenue
 Wright Avenue from Peak Avenue to Monterey Road

Page 44 of 558 ends

2  Farallon Avenue from Alkire Avenue to Peak Avenue
 Alkire Avenue from DeWitt Avenue to Peak Avenue
 Torrey Court
 Central Ave
 Park Way
2022 Planned Pavement Rehabilitation
 East Dunne Avenue from Hill Road to City limit (Grant Funded)  Jackson Oaks Area Drive and Streets within Jackson Oaks neighborhood  Hill Road from Dunne south to City limit
 Murphy Road from San Pedro to the City limit
 Main Avenue from Monterey to Butterfield
 Hilltop Court
 Rustling Oaks Court
 Condit Road from San Pedro to Tennant
 Church from San Pedro to Barrett
 Mast between Church and Vineyard
 Vineyard Blvd between Tennant and Mast
 Main Ave from DeWitt to John Telfer
 Via Grande
 Hidalgo Court
 La Giralda Court
2023 Planned Pavement Rehabilitation
 Dunne Avenue Overpass from Condit Road to Laurel Road  Del Monte Second to Keystone
 Keystone Avenue
 Streets within western Jackson Meadows Neighborhoods
 West Central Avenue and adjacent streets, including Park Way, Lindo Lane, El Toro Court
 East Central from Monterey to McLaughlin
 Streets within La Crosse Neighborhood
 Monterey from Main to Cochrane
 Arterial Street Sealing – Streets TBD
2024 Planned Pavement Rehabilitation
 Llagas Road
 Streets within Woodland Acres Neighborhood
 Sunnyside Avenue

Page 45 of 558 ends

2  Arterial Street Sealing – Streets TBD
The plan is consistent with the City’s past practice of prioritizing arterial and collector streets, while beginning the process of repairing the worst residential streets in the City.

The City has successfully maintained its weighted pavement condition index (between 71-74) over the last 5 years through investment of General Fund dollars and the addition of the SB1 and Measure B funding. The Council will receive a more comprehensive infrastructure update, including pavement management, as part of the upcoming budget process.

COMMUNITY ENGAGEMENT:

City staff are working on a significant communication planning effort to be implemented ahead of the work, which is planned to occur during the summer months. City staff regularly receive requests for pavement repairs from throughout the community and these are reviewed and repaired by street maintenance staff if smaller in nature or incorporated into the larger pavement rehab planning if larger in nature.

ALTERNATIVE ACTIONS:

The City Council could provide staff with additional direction or feedback as deemed appropriate.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council has taken significant actions related to funding pavement rehabilitation. Current appropriations for the 2022 Pavement Rehabilitation Project were funded through the Fiscal Year 2020/21 and 2021/22 Budget.

FISCAL AND RESOURCE IMPACT:

There is no fiscal impact associated with receiving the report. Award of the project and final costs for the 2021 Pavement Rehabilitation project will return to the Council for approval.

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance, or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.

Page 46 of 558 ends

2021 Pavement Rehabilitation Project - Completed
 Tennant Avenue from Vineyard Avenue to Monterey Road
 Peak Avenue from Dunne Avenue to Wright Avenue
 DeWitt Avenue from Alkire Avenue to Claremont Avenue
 Main Avenue from DeWitt Avenue to Peak Avenue
 Wright Avenue from Peak Avenue to Monterey Road
 Farallon Avenue from Alkire Avenue to Peak Avenue
 Alkire Avenue from DeWitt Avenue to Peak Avenue
 Torrey Court
 Central Ave
 Park Way
2022 Planned Pavement Rehabilitation
 East Dunne Avenue from Hill Road to City limit (Grant Funded)  Jackson Oaks Area Drive and Streets within Jackson Oaks neighborhood  Hill Road from Dunne south to City limit
 Murphy Road from San Pedro to the City limit
 Main Avenue from Monterey to Butterfield
 Hilltop Court
 Rustling Oaks Court
 Condit Road from San Pedro to Tennant
 Church from San Pedro to Barrett
 Mast between Church and Vineyard
 Vineyard Blvd between Tennant and Mast
 Main Ave from DeWitt to John Telfer
 Via Grande
 Hidalgo Court
 La Giralda Court
2023 Planned Pavement Rehabilitation
 Dunne Avenue Overpass from Condit Road to Laurel Road  Del Monte Second to Keystone
 Keystone Avenue
 Streets within western Jackson Meadows Neighborhoods
 West Central Avenue and adjacent streets, including Park Way, Lindo Lane, El Toro Court
 East Central from Monterey to McLaughlin
 Streets within La Crosse Neighborhood
 Monterey from Main to Cochrane
 Arterial Street Sealing – Streets TBD
2024 Planned Pavement Rehabilitation
 Llagas Road
 Streets within Woodland Acres Neighborhood
 Sunnyside Avenue
 Arterial Street Sealing – Streets TBD

Page 47 of 558 ends

Engineering and Utilities Department
CIP Engineering Division
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
2022 PAVEMENT

RESURFACING PROJECT
Thomas Grde
O
820 0 820 1,640 2,460 410
Feet
Rustling Oak Ct
Oak View Cir
Oakwood Ct
Oak Canyon Dr
Oakridge Ct
Jackson Oaks Dr
Oak Hill Ct
Jackson Oaks Ct
Live Oak Ct
Oakridge Rd
E Dunne Ave
(Thomas Grde to City Limits)
Hill Top Ct
White Oak Ct
Ridgeview Ct

Page 48 of 558 ends

G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
2022 PAVEMENT

RESURFACING PROJECT O
750 0 750 1,500 2,250 375
Feet
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
Murphy Ave
(San Pedro Ave to Barrett Ave)
E Dunne Ave
(Hill Rd to Thomas Grde)
Hill Rd
(E Dunne Ave to San Pedro Ave)
Condit Rd
(San Pedro Ave to Tennant Ave)

Page 49 of 558 ends

Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community
G:\R-14\Proj\GIS\Agustin\2022 pvmnt.mxd
Engineering and Utilities Department
CIP Engineering Division
2022 PAVEMENT

RESURFACING PROJECT O
E Main Ave
(Monterey Rd to Butterfield Blvd)
Church St
Vineyard Blvd
MastSt
W Main Ave
(Dewitt Ave to John Telfer)
Via Grande
Hidalgo Ct
La Giralda Ct
1,000 0 1,000 2,000 3,000 500
Feet

Page 50 of 558 ends

3 CITY COUNCIL STAFF REPORT
MEETING DATE: March 2, 2022
PREPARED BY:

Yat Cho, Senior Project Manager
APPROVED BY: City Manager

ACCEPT BRITTON MIDDLE SCHOOL PEDESTRIAN ENHANCEMENT

PROJECT

RECOMMENDATION(S)

1. Accept as complete the Britton Middle School Pedestrian Enhancement Project;

2. Authorize the City Engineer to sign the Notice of Completion; and

3. Direct the City Clerk to file the Notice of Completion with the County Recorder's Office.

Estimated Time: Not Applicable

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Supporting our Youth, Seniors, and Entire Community
2020-2021 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Bikeways, Trails, and Recreation Master Plan
REPORT NARRATIVE:

On March 17, 2021, the Britton Middle School Pedestrian Enhancement Project was awarded to Redgwick Construction Co. in the amount of $748,729 with a contingency of $112,310. The scope of work for this project included increased lighting, undergrounding of overhead utilities along the west side of Monterey Road in front of Britton Middle School, new sidewalk improvements along the school frontage on both Monterey Road and Central Avenue, and additional driveway modifications to two driveways at Central Avenue between Monterey Road and Del Monte Avenue.

The project began on July 5, 2021 and was substantially completed by December 31, 2021. Five change orders were authorized in the amount of $82,204 due to additional work not in the original scope and unforeseen conditions (Attachment 2). The final

Page 51 of 558 ends

3 construction contract with Redgwick Construction Co is $830,933. Staff recommends accepting this project as it is complete in accordance with the plans and specifications.

Staff further recommends and directs the Clerk to file the Notice of Completion (Attachment 3).

Once the project is accepted, staff will continue to work on the reimbursement of the Community Development Block Grant (CDBG). A total of up to $350,121 is eligible for the work completed along Central Avenue between Monterey Road and Del Monte Avenue.

COMMUNITY ENGAGEMENT:

Inform
Prior to and during the course of construction, staff provided regular project updates to the School District, neighborhood businesses, and residents on the status of the project.

Staff worked with the contractor to minimize interruptions during school within the surrounding neighborhood. Weekly construction activities were updated on Nextdoor and the City's website.

ALTERNATIVE ACTIONS:

Accepting the project in accordance with the contract documents is a required process and enables the City to release any retained funds owed to the contractor per California Public Contract Code Section 7107.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

June 6, 2018 - City Council adopted the FY 2018-19 through FY 2023-24 Capital Improvement Budget which identifies funding for the proposed project.

March 17, 2021 - City Council authorized City Manager to Execute and Administer a Community Development Block Grant (CDBG) Agreement and awarded Britton Middle School Pedestrian Enhancement Project
FISCAL AND RESOURCE IMPACT:

The final contract amount for the Britton Middle School Pedestrian Project is $830,933.

The project was awarded to Redgwick Construction Co. in the amount of $748,729 with an authorized contingency of $112,310 (Total of $861,039). The project is funded in the adopted Capital Improvement Program budget, under Project #551008, RDCS School Safety Improvements, utilizing School Pedestrian & Traffic Safety Funds (355). Once the project is accepted, an amount of up to $350,121 from CDBG Block Grant will be submitted for approval. The reimbursed amount will return to the School Pedestrian & Traffic Safety Fund (355).

Five change orders were authorized in the amount of $82,204. The balance of $30,106 will be returned to the RDCS School Safety Improvements (355).

Page 52 of 558 ends

3 CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance or minor alteration of existing City facilities involving negligible or no expansion of use of those facilities.

Page 53 of 558 ends

County of Santa Clara, Sanborn
Engineering and Utilities Department
CIP Engineering Division
Britton Middle School
Pedestrian Enhancement
Document Path: G:\R-14\PROJ\Agustin\GIS\Britton Middle School Pedestrian Enhancement.mxd O
0 150 300 450 600 75
Feet
W CENTRAL AVE.

MONTEREY RD
KEYSTONE AVE.

Britton Middle School
Pedestrian Enhancement
DEL MONTE AVE.

Britton Middle School

PARK WAY
W MAIN AVE.

Page 54 of 558 ends

CIP Contract Acceptance
Funding Closeout Statement
Project: Britton Middle School Pedestrian Enhancement Project Project No: 551008
Date of Project
Award: 17-Mar-21 Project Award Amount: $748,729
Funding Source: F355
Contingency
Authorized: $112,310
Date of Project
Acceptance: 2-Mar-22 Total Authorized: $861,039
Actual Base
Contract Spent: $748,729
Change Orders
Description Date
Council Approval
Reqd? (Y/N)
C.O. #1: Remobilization Cost 26-Jul-21 N $12,793.35
C.O. #2: Miscellaneous T&M Work 8-Sep-21 N $30,743.27
C.O. #3:

Additional Paving Work at
Keystone/Monterey Road and updated
Demolition Quantities for Project
15-Sep-21 N $22,523.83
C.O. #4: Overages and Underages on various Bid
Items 28-Oct-21 N $9,298.03
C.O. #5: Additional Sidewalk work at Del
Monte/Central Avenue 21-Dec-21 N $6,845.63
Total C.O.: $82,204.11
Additional Appropriations
Source Amount Date
Total
Construction
Amount (Base
Contract plus
CO's): $830,933.11
Construction Fund Balance: $30,105.89
None

Page 55 of 558 ends

Recording Requested By:
___________________________
When Recorded Mail To:
___________________________
___________________________
___________________________
___________________________
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

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

1. The undersigned is the Owner or agent of the Project described below.

2. Owner’s full name is City of Morgan Hill.

3. Owner’s address is 17575 Peak Avenue, Morgan Hill, CA 95037.

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

XX Fee ownership __ Lessee __ Other:

5. Construction work on the Project performed on Owner’s behalf is generally described as follows: Sidewalk and Safety Enhancement Project

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

7. The Project was completed on: December 31, 2021

8. The Project is along Monterey Road between Keystone Avenue and Central Avenue and Central Avenue between Monterey Road and Del Monte Avenue Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Scott Creer, City Engineer

Page 56 of 558 ends

4 CITY COUNCIL STAFF REPORT
MEETING DATE: March 2, 2022
PREPARED BY:

Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager
AWARD 2022 SIDEWALK REPAIR PROJECT TO ASG BUILDERS, INC.

RECOMMENDATION(S)

1. Adopt a resolution amending the Fiscal Year 2021-22 adopted budget to appropriate an additional $13,407 from Fund 346: Public Facilities for the 2022 Sidewalk Repair Project;

2. Award a contract to ASG Builders, Inc. in the amount of $67,860; and authorize the expenditure of 40% construction contingency funds not to exceed $27,144 for a total authorization of $95,004; and

3. Authorize the City Manager to execute and administer that certain construction contract with ASG Builders, Inc.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining Infrastructure
2020-2021 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Morgan Hill 2035 General Plan
REPORT NARRATIVE:

The purpose of this item is to present the Council with an opportunity to review and consider the contract prepared to complete the City's 2022 Sidewalk Repair Project.

The scope of work for the 2022 Sidewalk Repair Project will include the removal and replacement of concrete sidewalks at various locations within the City. Over 4,120 square feet of sidewalks will be repaired with this project. The exact locations and City bid documents are attached.

Page 57 of 558 ends

4 In soliciting bids for this sidewalk repair contract, the City advertised in the Morgan Hill Times on December 31, 2021. Bids were posted on the City website and on two online services, Public Purchase and Online Plan Services, whose subscribers include hundreds of contractors as well as Northern California Builders Exchanges. General Engineering (A) and Concrete (C-8) contractors registered on the City's bidders list were also informed of the bid opportunity via email.

A non-mandatory virtual pre-bid meeting was held on January 12, 2022. The bid opening was held on February 3, 2022 via a virtual meeting, and 12 bids were received as listed below:

Bidder's Name Bid Amount

1. ASG Builders, Inc. $ 67,860.00

2. U.S. Engineering, Inc. $ 78,660.00

3. Becon, Inc. $ 78,750.00

4. iTECH Solution $ 79,220.00

5. Norcal Contractor $ 92,832.00

6. F J & I Engineering $ 96,640.00

7. Innovate Concrete, Inc. $ 98,005.60

8. Bear Construction $100,820.00

9. Duran Construction Group $115,544.40

10. Asphalt Surfacing, Inc. $120.362.00

11. Golden Bay Construction, Inc. $148,048.00

12. FBD Vanguard Construction, Inc. $172,106.00
The low bidder, ASG Builders, Inc., has two years of experience and has completed projects for the City of Gilroy and the City of Santa Clara, including sidewalk replacement projects. Staff recommends a 40% contingency of $27,144, which will yield a total construction authorization of $95,004 for the sidewalk repair and replacement contract. Due to the competitive pricing received, staff is recommending the 40% contingency to allow for additional sidewalk repairs this year. Staff recommends that the City Council award the contract to ASG Builders, Inc. in the amount of $67,860, and authorize the City Manager to execute and administer the agreement. The project is scheduled to begin in late March or early April 2022.

COMMUNITY ENGAGEMENT:

Inform
Contractor will post signs at the sidewalk repair sites to inform pedestrians and cars of

Page 58 of 558 ends

4 the construction underway. Notification will also be posted on the City's website, Twitter, and Nextdoor Morgan Hill to inform residents that sidewalk repairs will be underway throughout the City beginning in March 2022.

ALTERNATIVE ACTIONS:

An alternative action would be to delay the repair of citywide sidewalks.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

While the City Council has not previously taken action on this particular item, conducting sidewalk repairs is an ongoing public safety activity and the Council has approved numerous contracts for sidewalk repairs in the past.

FISCAL AND RESOURCE IMPACT:

The total authorized amount for this contract is $95,004 which includes a 40% contingency of $27,144. The adopted Capital Improvement Program CIP Project 574015; Fund 355, School Pedestrian and Traffic Safety will fund $81,597 of the costs.

An additional $13,407 will be appropriated from Fund 346: Public Facilities via the attached budget scorecard.

CEQA (California Environmental Quality Act):

Categorical Exemption
The activities described in this Staff Report are categorically exempt under CEQA, specifically pursuant to Section 15301 (c) of the CEQA Guidelines (Existing Facilities), as the subject work involves the repair, maintenance or minor alterations of existing City facilities involving negligible or no expansion of use of those facilities.

Page 59 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 1
Version: January 2017

CONTRACT
This public works contract (“Contract”) is entered into by and between the City of Morgan Hill (“City”) and ASG Builders, Inc. (“Contractor”) for work on the 2022 Sidewalk Repair Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Informal Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on ________________, 2022, (Contract Date) City authorized award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the following:

2.1 Notice Inviting Informal Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Drawings and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Award;

2.12 Notice to Proceed;

2.13 And the following:
“No Other Documents”

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

Page 60 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 2
Version: January 2017

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor SixtySeven Thousand Eight Hundred Sixty Dollars ($67,860) (the “Contract Price”), in accordance with the payment provisions in the General Conditions. The Contract Price includes all applicable federal, state, and local taxes.

5. Time for Completion. Contractor will fully complete the Work for the Project within forty-five (45) calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of Five Hundred Dollars ($500.00) for each day of unexcused delay in completion, and the Contract Price will be reduced accordingly.

7. Labor Code Compliance.

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

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

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

Page 61 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 3
Version: January 2017

9. Notice. Any notice required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified.

Notice for each party must be given as follows:

City:

City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Phone: (408) 779-7259
Attn: City Clerk
Email: [email protected]
Copy to:[email protected]
Contractor:

Name: ASG Builders, Inc.

Address: 800 W El Camino Real, Suite 180
City/State/Zip: Mountain View, CA 94040
Phone: (818) 370-7148
Attn: Sepideh Gholami
Email: [email protected]
Copy to:____________________________________

10. General Provisions.

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

10.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

10.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place.

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

Page 62 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 4
Version: January 2017

10.5 Integration; Severability. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract Documents will remain in full force and effect.

10.6 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two (2) officers of the corporation are required pursuant to California Corporation Code Section 313. [Signatures are on the following page.]

Page 63 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 5
Version: January 2017
AS SET FORTH IN CA. CORP. CODE § 313, TWO SIGNATURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND 2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

The parties agree to this Contract as witnessed by the signatures below:

ASG BUILDERS, INC.
_________________________
Signature
__________________________
Name/Title [print]
Date: ____________________
Corporate entities must provide a
second signature:
_________________________
Signature
__________________________
Name/Title [print]
Date: ______________________
___1062661_________________
Contractor’s License Number(s)
___01/31/2024_______________
Expiration Date(s)
Seal:
____1000562841____________________
Contractor’s DIR Registration Number(s)
____06/30/2024_______________
Expiration Date

END OF CONTRACT

Page 64 of 558 ends

RESOLUTION NO. 21-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING AN AMENDMENT TO
THE CITY’S FISCAL YEAR 2021-2022 BUDGET IN THE
PUBLIC FACILITIES (NON-AB 1600) (FUND NO. 346) TO
APPROPRIATE $13,407, THEREFOR
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting this Resolution are set forth in detail in that certain City Council Staff Report entitled “Award 2022 Sidewalk Repair Contract to ASG Builders, Inc.” submitted for City Council consideration at its meeting of March 2, 2022, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and
WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Annual Budget for Fiscal Year 2021-2022 as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORGAN HILL DOES HEREBY FIND, DETERMINE, RESOLVE AND ORDER AS FOLLOWS:

Section 1. Recitals. The City Council does hereby find, determine and resolve that all of the foregoing recitals are true and correct.

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the City’s previously adopted Fiscal Year 2021-2022 Budget, as the same has been amended to date, is hereby further amended in accordance with and as reflected on Exhibit A attached hereto and incorporated herein by this reference; and

Page 65 of 558 ends

City of Morgan Hill
Resolution No. 21-_____

Page 2 of 2 ends

b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2021-2022 Budget of City.

Section 3. This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 2nd day of March 2022 by the following vote:

AYES: COUNCIL MEMBERS: None
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED: ATTEST:
___________________________________ _______________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk
 CERTIFICATION 
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 21-_____ adopted by the City Council at the meeting held on the 2nd day of March 2022.

WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL.

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

Page 66 of 558 ends

AGENDA BUDGET SCORECARD
FISCAL YEAR 2021‐2022
ADJUSTMENT # 013
FUND: 346 Public Facilities (Non AB1600)
DEPARTMENT: 8049 Public Facility/Non AB1600
OBJECT: 86360 CONSTRUCTION
AGENDA DATE: 03/02/22
AGENDA ITEM TITLE:
07/01/21 06/30/22

PROJECTED PROJECTED

BEGINNING AMENDED ENDING
FUND ESTIMATED APPROPRI‐ FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET 1,100,016 911,488 372,377 1,639,127 CUMULATIVE REVISIONS PRIOR ‐ 210,530 966,121 (755,591)

TO RECOMMENDED ACTION
RECOMMENDED ACTION ‐ 13,407 (13,407) RESULT OF RECOMMENDED ACTION 1,100,016 1,122,018 1,351,905 870,129 Award 2022 Sidewalk Repair Contract to ASG Builders, Inc.

Page 67 of 558 ends

SPECIFICATIONS AND CONTRACT DOCUMENTS
for
2022

SIDEWALK REPAIR PROJECT

MORGAN HILL, CALIFORNIA

COMMUNITY SERVICES DEPARTMENT
January 2022
.

Page 68 of 558 ends

2022 Sidewalk Repair Project NOTICE INVITING INFORMAL BIDS CSD2022-015 Page 1
Version: December 2016

NOTICE INVITING INFORMAL BIDS

1. Bid Acceptance. The City of Morgan Hill (“City”), will accept electronic PDF format (portable document format) bids for its 2022 Sidewalk Repair Project (“Project”), by or before Thursday, February 3, 2022, at 11:00 a.m., via e-mail to [email protected], at which time the bids will be publicly opened and read aloud via a Zoom meeting at https://bit.ly/MHSidewalkRepairBidOpening No late bids will be accepted.

2. Project Information.

2.1 Location and Description. The Project is located at various locations throughout Morgan Hill, and the Scope of Work is described as follows:

Removal and replacement of damaged concrete sidewalk, including root removal.

2.2 Time for Completion. The planned timeframe for commencement and completion of construction of the Project is Spring 2022 with anticipated start in late March 2022.

2.3 Estimated Cost. The estimated construction cost is $79,000.

3. License and Registration Requirements.

3.1 License. This Project requires a valid California contractor’s license for the following classification(s): A (General Engineering) or C-8 (Concrete).

3.2 DIR Registration. City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

4. Contract Documents. The plans, specifications, bid and contract documents for the Project (“Contract Documents”) may be obtained from the City of Morgan Hill website at http://www.morgan-hill.ca.gov/bids.aspx or at www.publicpurchase.com

5. Bid Proposal and Security.

5.1 Bid Proposal Form. Each Bid must be submitted using the Bid Proposal form provided with the Contract Documents.

Page 69 of 558 ends

2022 Sidewalk Repair Project NOTICE INVITING INFORMAL BIDS CSD2022-015 Page 2
Version: December 2016

5.2 Bid Security. The Bid Proposal must be accompanied by a PDF copy of the bid security of ten percent (10%) of the maximum bid amount, in the form of a PDF of the cashier’s or certified check made payable to City, or a PDF of the bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The City will request the original bid security documents, e.g., wet signed bid bond or cashier’s check, from the two lowest bidders. The two lowest bidders will then have 48 hours to overnight the original bid security documents to the City. Submitted bid packages that do not include a PDF copy of the bid security documents will be deemed non-responsive.

The bid security must guarantee that upon award of the bid, the bidder will execute the Contract and submit payment and performance bonds and insurance certificates as required by the Contract Documents within ten (10) days after issuance of the notice of award.

6. Prevailing Wage Requirements.

6.1 General. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

6.2 Rates. These prevailing rates are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight (8) hours. The rate for holiday and overtime work must be at least time and one-half (1/2).

6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations, under Labor Code Section 1771.4.

7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds for one hundred percent (100%) of the Contract Price.

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

9. Subcontractor List. Each bidder must submit the name, location of the place of business, and California contractor license number and DIR registration number for each Subcontractor who will perform work or service or fabricate or install work for the prime contractor in excess of one half (1/2)

Page 70 of 558 ends

2022 Sidewalk Repair Project NOTICE INVITING INFORMAL BIDS CSD2022-015 Page 3
Version: December 2016
of one percent (1%) of the bid price, using the Subcontractor List form included with the Contract Documents.

10. Instructions to Bidders. Additional and more detailed information is provided in the Instructions for Bidders, which should be carefully reviewed by all bidders before submitting a Bid Proposal.

11. Non-Mandatory Bidders’ Conference. A non-mandatory bidders’ conference will be held on Wednesday, January12, 2022 at 9:30 a.m., via a Zoom meeting. Please pre-register at the following link:
https://bit.ly/SidewalkRepairPreBid The purpose of the conference is to acquaint all prospective bidders with the Contract Documents and the Work.

The bidders’ conference is not mandatory.

By: Michelle Bigelow, City Clerk Date: December 13, 2021 Publication Dates: 1) December 31, 2021

END OF NOTICE INVITING INFORMAL BIDS

Page 71 of 558 ends

2022 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2022-015 Page 1
Version: December 2016

INSTRUCTIONS TO BIDDERS
Each Bid Proposal submitted to the City of Morgan Hill (“City”) for its 2022 Sidewalk Repair Project (“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

1.1 General. Each bid (“Bid Proposal”) must be in electronic PDF format, signed and e-mailed to designated City staff, using the form provided in the Contract Documents, by or before the date and time set forth in the Notice Inviting Informal Bids, or as amended by subsequent addendum. Hard copy or Faxed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will not be accepted. City reserves the right to postpone the date and time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City.

The bid price(s) must include all costs to perform the Work as specified, including all indirect costs such as applicable taxes, insurance and field offices.

1.2 E-mail Bid Submittal. The City of Morgan Hill (“City”) will accept bids via e-mail to [email protected] for its 2022 Sidewalk Repair Project (“Project”), by or before Thursday, February 3, 2022 at 11:00 a.m., at which time the bids will be publicly opened and read aloud via a Zoom meeting at https://bit.ly/MHSidewalkRepairBidOpening Bids must be received by the City staff’s e-mail inbox no later than 11:00 a.m. on February 3, 2022. No late bids will be accepted.

Please note: If City is unable to confirm that the bidder’s DIR registration is current, City must disqualify the bidder and return its bid unopened (Labor Code section 1725.5).

2. Examination of Contract Documents and Project Site. Each bidder is solely responsible for diligent and thorough review of the Contract Documents (as defined in the General Conditions), examination of Project site, and reasonable and prudent inquiry concerning known and potential site conditions prior to submitting a Bid Proposal. However, bidders should not enter onto City’s property or the Project site without prior written authorization from City. Bidders are responsible for reporting any errors or omissions in the Contract Documents to City prior to submitting a Bid Proposal, subject to the limitations of Public Contract Code Section 1104.

City expressly disclaims responsibility for assumptions the bidder might draw from the presence or absence of information provided by City.

Page 72 of 558 ends

2022 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2022-015 Page 2
Version: December 2016

3. Requests for Information. Questions regarding the Project, the bid procedures or any of the Contract Documents must be submitted in writing to [email protected] no later than Friday, January 21, 2021 at 5:00 p.m.

4. Addenda. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code section 4104.5, City reserves the right to issue addenda prior to bid time.

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

5.1 Pre-Bid Requests. Any request for submission made before the Contract is awarded must be submitted to the City Engineer at least ten (10) days before the opening of bids so that all interested bidders may be notified of any approved alternative.

5.2 Post-Award Requests. After the Contract is awarded, Contractor may submit a substitution within fourteen (14) days after the date of award of the Contract, or as specified in the Special Conditions.

6. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one (1) Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders.

7. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed using the Bid Proposal form included in the Contract Documents.

The Bid Proposal form should be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with terms such as “negotiable,” “will negotiate,” or similar, will be considered non-responsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 9 below, and by the completed Subcontractor List, and Non-Collusion Declaration using the forms included in the Contract Documents.

Page 73 of 558 ends

2022 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2022-015 Page 3
Version: December 2016

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

9. Bid Security. The Bid Proposal must be accompanied by a PDF copy of the bid security of ten percent (10%) of the maximum bid amount, in the form of a PDF of the cashier’s or certified check made payable to City, or a PDF of the bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The City will request the original bid security documents, for example, wet signed bid bond or cashier’s check, from the two lowest bidders. The two lowest bidders will then have 48 hours to overnight the original bid security documents to the City. Submitted bid packages that do not include a PDF copy of the bid security documents will be deemed non-responsive. The bid security must guarantee that upon award of the bid, the bidder will execute the Contract and submit payment and performance bonds and insurance certificates as required by the Contract Documents within ten (10) days after issuance of the notice of award.

10. Withdrawal of Bid Proposals. A Bid Proposal may not be withdrawn for a period of ninety (90) days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code Section 5100 et seq.

11. Bid Protest. Any bid protest must be submitted in writing via an e-mail to [email protected] and received by Cynthia Hasson, Assistant City Attorney before 5:00 p.m. no later than two (2) working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

11.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section 11, a “working day” means a day that City is open for normal business, and excludes weekends and holidays observed by City.

Page 74 of 558 ends

2022 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2022-015 Page 4
Version: December 2016

11.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation.

Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.

11.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

11.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the Assistant City Attorney before 5:00 p.m., within two (2) working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

11.5 Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Response Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

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

11.7 Right to Award. City reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.

12. Rejection of Bids; Award of Contract. City reserves the right, acting in its sole discretion, to waive immaterial bid irregularities, the right to accept or reject any and all bids, or to abandon the Project entirely. The Contract will be awarded, if at all, within ninety (90) days after opening of bids or as

Page 75 of 558 ends

2022 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2022-015 Page 5
Version: December 2016
otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid.

13. Bonds. The successful bidder is required to submit payment and performance bonds as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract price as awarded, including additive alternates, if applicable.

14. Evidence of Responsibility. Within twenty four (24) hours following a request by City, a bidder must submit to City satisfactory evidence showing the bidder's financial resources, the bidder's experience in the type of work being required by City, the bidder's organization available for the performance of the Contract and any other required evidence of the bidder's qualifications to perform the proposed Contract. City may consider such evidence before making its decision awarding the proposed Contract.

15. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work.

16. Taxes. The bid price must include all applicable federal, state, and local taxes.

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

18. DIR Registration. City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the DIR to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.

19. Bid Schedule. Bidders are required to fully complete the Bid Schedule form accompanying the Bid Proposal form with unit prices as indicated, and to submit the completed Bid Schedule with their Bid Proposal.

19.1 Incorrect Totals. In the event of a computational error for any bid item (base bid or alternate) resulting in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount (estimated quantity X unit cost), unless the cumulative amount of correction changes the total amount of the base bid or bid alternate by more than five percent (5%). In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on

Page 76 of 558 ends

2022 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2022-015 Page 6
Version: December 2016
the Bid Schedule for the base bid will be deemed the base bid price.

Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code Section 5100 et seq.

19.2 Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased.

20. Subcontractor Work Limits. The prime contractor must perform at least 50% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 50% self-performance requirement.

The remaining Work may be performed by qualified Subcontractor(s).

21. Local Preference. Submittals will be evaluated based upon a local preference, which allows local businesses to reduce their bid amounts up to five (5%) percent in order to become the lowest bidder. The local businesses must also affirmatively mark on their bid submittal that they are a local business and that they willing to reduce their bid amount by up to 5% in order to make their bid the lowest. If the lowest price submitted for services is from a non-local business, local businesses who have affirmatively marked their willingness to reduce their bid amount by up to 5%, shall be given the opportunity to lower their bid prices by up to 5% to become the lowest bidder. This reduction in the bid amount will be allowed if their bid is otherwise equally responsive and responsible in meeting the requirements of the City’s Notice Inviting Informal Bids.

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

END OF INSTRUCTIONS TO BIDDERS

Page 77 of 558 ends

2022 Sidewalk Repair Project BID PROPOSAL
CSD2022-015 Page 1
Version: October 2017

BID PROPOSAL
2022 Sidewalk Repair Project
______________________________ (“Bidder”) hereby submits this Bid Proposal to the City of Morgan Hill (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Informal Bids and in accordance with the Contract Documents referenced therein.

1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, for the following price (“Base Bid”):
$ ____________________________.

2. Addenda. Bidder acknowledges receipt of the following addenda:

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

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

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

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

3.3 Bidder is Qualified. Bidder is fully qualified to perform the Work.

3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid.

4. Award of Contract . By signing and submitting this Bid Proposal, Bidder agrees that if Bidder is awarded the Contract for the Project, that within ten (10) days following issuance of the notice of award to Bidder, Bidder will do all of the following:

Page 78 of 558 ends

2022 Sidewalk Repair Project BID PROPOSAL
CSD2022-015 Page 2
Version: October 2017

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

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

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

5. Wage Theft Prevention. All Bidders are expected to have read and understand the “Wage Theft Prevention Policy” adopted by the City Council on July 26, 2017.

The undersigned Bidder certifies that neither Bidder nor its principals have been found by a final court judgement or final administrative action of an investigatory agency to have violated federal, state or local wage and hour laws within the past five years from the date of the submitted bid. Bidder or its principals who are unable to so certify, must disclose wage and hour violations, and shall provide a copy of (i) the court order and judgment and/or final administrative decision; and (ii) documents demonstrating either that the order/judgment has been satisfied, or if the order/judgment has not been fully satisfied, a written and signed description of Bidder’s efforts to date to satisfy the order/judgment. Signing this bid shall constitute signature of this Certification.

The City, at its sole discretion, may disqualify a bidder based on one or more disclosed judgments consistent with the criteria set forth in the Policy.

6. Bid Security. As a guarantee that if awarded the Contract, it will perform its obligations under Section 4, above, Bidder is enclosing a PDF copy of the bid security in the amount of ten percent (10%) of its maximum bid amount in the following form:
____ A PDF copy of a cashier’s check or certified check payable to City of Morgan Hill and issued by
_______________________________ Bank in the amount of
$____________________________.
____ A PDF copy of the bid bond, using the Bid Bond form included with the Contract Documents, payable to City of Morgan Hill and

Page 79 of 558 ends

2022 Sidewalk Repair Project BID PROPOSAL
CSD2022-015 Page 3
Version: October 2017
executed by a surety licensed to do business in the State of California.

7. Local Preference.
☐ Check this box if you are a local business as defined by the Morgan Hill Municipal Code Section 3.04.030 and would like to apply the local business quotation preference by reducing the bid or proposal price submitted by up to five percent (5%) in order to be the low bidder.

This Bid Proposal is hereby submitted on _________________________, 20__:
s/ _______________________________ __________________________ Name and Title [print]
_________________________________ __________________________ Company Name License # & Classification;
Expiration Date
_________________________________
DIR Registration # and Expiration Date
_________________________________ __________________________ Address Phone
_________________________________ __________________________ City, State, Zip E-Mail

END OF BID PROPOSAL

Page 80 of 558 ends

2022 Sidewalk Repair Project BID PROPOSAL
CSD2022-015 Page 4
Version: October 2017
BID SCHEDULE I – GENERAL
2022 SIDEWALK REPAIR PROJECT
NAME OF CONTRACTOR:_______________________________
This Bid Schedule must be completed and submitted with the electronic PDF Bid Proposal. The unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal Form. Quantities shown are required for bid purposes and may or may not be final pay quantities. Actual quantities, if different, must be substantiated during the Project by Contractor (either by field measurement, trucking tags, or other means acceptable to the Engineer).

Bid
Item
Description of
Bid Item
Approximate
Quantity/Unit of
Measure
Unit
Price
Extended
Total
1 Remove and replace
concrete sidewalks and
driveways at locations
indicated on attached list. 4,120 sq. ft.
2 Install ADA Ramp at 17795
Crest Avenue
3 4
5 6
Bid Schedule I Total

END OF BID SCHEDULE

Page 81 of 558 ends

2022 Sidewalk Repair Project SUBCONTRACTOR LIST
CSD2022-015 Page 1
Version: December 2016

SUBCONTRACTOR LIST
For each Subcontractor who will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Contract Price,1 the bidder must list a description of the work, the name of the Subcontractor, its California contractor license number, the location of its place of business, and DIR registration number. Bidders: Please print legibly. Illegible forms may be rejected.

DESCRIPTION

OF WORK

SUBCONTRACTOR
NAME

CALIFORNIA

CONTRACTOR

LICENSE
NUMBER
DIR REG. NO. LOCATION OF

BUSINESS
LOCAL
VENDOR2
YES/NO

END OF SUBCONTRACTOR LIST
1 For street or highway construction this requirement applies to any subcontract of $10,000 or more. 2 A Subcontractor is considered local if its principle place of business is within the city limits of Morgan Hill.

Page 82 of 558 ends

2022 Sidewalk Repair Project NONCOLLUSION DECLARATION
CSD2022-015 Page 1
Version: December 2016

NONCOLLUSION DECLARATION
(To be executed by bidder and submitted with bid)
State of California
County of ________________
)
)
)
ss.

The undersigned declares:

I am the __________________________ [title] of
_____________________________________ [business name], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has no paid and will not pay, any person or entity for such purpose.

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

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state].
s/________________________________________
__________________________________________
Name [print]

Page 83 of 558 ends

2022 Sidewalk Repair Project NONCOLLUSION DECLARATION
CSD2022-015 Page 2
Version: December 2016
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE ' 1189 State of CALIFORNIA )
County of SANTA CLARA )
On , before me,
a Notary Public in and for said County and State, personally appeared proved to me on the basis of satisfactory evidence to be the person/s whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity/ies, and that by his/her/their signature/s on the instrument the person/s, or the entity upon behalf of which the person/s acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY PUBLIC
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Page 84 of 558 ends

2022 Sidewalk Repair Project BID BOND
CSD2022-015 Page 1
Version: December 2016

BID BOND
________________________________________________________ (“Bidder”) has submitted a bid, dated ______________________________, 20___ (“Bid”), to the City of Morgan Hill (“City”) for work on the 2022 Sidewalk Repair Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ___________________________________________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent (10%) of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:

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

2. Submittals. Within ten (10) days following issuance of the notice of award to Bidder, Bidder must submit to City the following:

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

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

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

2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents, and any other documents required under the Instructions for Bidders.

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

Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Fax: _______________________________

Page 85 of 558 ends

2022 Sidewalk Repair Project BID BOND
CSD2022-015 Page 2
Version: December 2016
Email: ______________________________

4. Duration; Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for ninety (90) days following award of the Contract or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code Sections 2819 and 2845.

This Bid Bond is entered into and is effective on ___________________, 20_____.

SURETY:
s/ _________________________________
Name: _____________________________
Title: _______________________________
(Attach Acknowledgement, Notary Seal, and Attorney-In-Fact Certificate) CONTRACTOR:
s/ __________________________________
Name: ______________________________
Title: _______________________________
APPROVED AS TO FORM:

By:_____________________________
Donald A. Larkin, City Attorney
Date:__________________________

Page 86 of 558 ends

2022 Sidewalk Repair Project BIDDER’S QUESTIONNAIRE
CSD2022-015 Page 1
Version: December 2016
BIDDER’S QUESTIONNAIRE
2022 SIDEWALK REPAIR PROJECT
Within forty eight (48) hours following a request by City, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and including all required attachments. City may request the Questionnaire from one (1) or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire to evaluate a bidder’s qualifications for this Project.

The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid.

Part 1: General Information
Bidder Business Name: ________________________________ (“Bidder”) Check One: ___ Corporation
___ Partnership
___ Sole Proprietorship
___ Joint Venture of:___________________
___ Other:___________________________
Address: _________________________________________________ _________________________________________________________ Phone: ___________________________________________________ Fax: _____________________________________________________ Owner of Company: _________________________________________ Contact Person: ____________________________________________ Email:_____________________________________________________ Bidder’s California Contractor’s License Number(s):
_______________________________
Part 2: Bidder Experience

1. How many years has bidder been in business under its present business name? _________________________________________________________

Page 87 of 558 ends

2022 Sidewalk Repair Project BIDDER’S QUESTIONNAIRE
CSD2022-015 Page 2
Version: December 2016

2. Has bidder completed projects similar in type and size to this Project as a general contractor? _______________________________________________

3. Has bidder ever been disqualified on grounds that it is not responsible? If yes, provide additional information on a separate sheet of paper regarding the disqualification, including the name and address of the agency or owner of the subject project, the type and size of the project, the reasons that bidder was disqualified as not responsible, and the month and year in which the disqualification occurred.

4. Has bidder ever been terminated from a construction project, either as a general contractor or as a subcontractor? If yes, provide additional information on a separate sheet of paper regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether bidder was under contract as a general contractor or a subcontractor, the reasons that bidder was terminated, and the month and year in which the termination occurred.

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

5.1 Six (6) most recently completed public works projects within the last three (3) years;

5.2 Three (3) largest completed projects within the last three (3) years; and

5.3 Any project which is similar to this Project.

6. Use separate sheets of paper provide all of the following information for each project identified in response to the above three (3) categories:

6.1 Project name

6.2 Location

6.3 Owner

6.4 Owner contact (name and current phone number)

6.5 Architect or engineer name

6.6 Architect or engineer contact (name and current phone number)

6.7 Project manager (name and current phone number)

6.8 Description of project, scope of work performed

6.9 Initial contract value (at time of bid award)

6.10 Final cost of construction (including change orders)

6.11 Original scheduled completion date

6.12 Time extensions granted (number of days)

6.13 Actual date of completion

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

Page 88 of 558 ends

2022 Sidewalk Repair Project BIDDER’S QUESTIONNAIRE
CSD2022-015 Page 3
Version: December 2016

6.15 Amount of liquidated damages assessed against Bidder

6.16 Nature and resolution of any claim, lawsuit, and/or arbitration between Bidder and the owner.

Part 3: Verification
In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature: ______________________________ Date: ________________ By [name, title]: ___________________________________________________ END OF BIDDER’S QUESTIONNAIRE

Page 89 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 1
Version: January 2017

CONTRACT
This public works contract (“Contract”) is entered into by and between the City of Morgan Hill (“City”) and ______________________________________ (“Contractor”) for work on the 2022 Sidewalk Repair Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Informal Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on _____________________, 20___, (Contract Date) City authorized award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the following:

2.1 Notice Inviting Informal Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Drawings and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Award;

2.12 Notice to Proceed;

2.13 And the following:
“No Other Documents”

Page 90 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 2
Version: January 2017

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor __________________________________________________________ Dollars ($___________________) (the “Contract Price”), in accordance with the payment provisions in the General Conditions. The Contract Price includes all applicable federal, state, and local taxes.

7. Labor Code Compliance.

Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

Page 91 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 3
Version: January 2017

Notice for each party must be given as follows:

City:

City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
Phone: (409) 779-7259
Attn: City Clerk
Email: [email protected]
Copy to:[email protected]
Contractor:

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

10. General Provisions.

10.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

10.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place.

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

Page 92 of 558 ends

2022 Sidewalk Repair Project CONTRACT
CSD2022-015 Page 4
Version: January 2017

Page 93 of 558 ends

The parties agree to this Contract as witnessed by the signatures below:

CITY OF MORGAN HILL:
_______________________________
Christina J. Turner
City Manager
Date: _________________________
Attest:
______________________________
Michelle Bigelow
City Clerk
Date: _______________________
Approved as to Form:
________________________________
Donald A. Larkin
City Attorney
Date: _________________________
CONTRACTOR:
[NAME OF CONTRACTOR]
_________________________
Signature
__________________________
Name/Title [print]
Date: ____________________
Corporate entities must provide a
second signature:
_________________________
Signature
__________________________
Name/Title [print]
Date: ______________________
__________________________
Contractor’s License Number(s)
__________________________
Expiration Date(s)
Seal:
_________________________________
Contractor’s DIR Registration Number(s)
__________________________
Expiration Date

END OF CONTRACT

Page 94 of 558 ends

2022 Sidewalk Repair Project PAYMENT BOND
CSD2022-015 Page 1
Version: December 2016

PAYMENT BOND
The City of Morgan Hill (“City”) and
__________________________________________ (“Contractor”) have entered into a contract, dated _________________________, 20___ (“Contract”) for work on the 2022 Sidewalk Repair Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and _______________ __________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than _______________________________ Dollars ($_________________) (“Bond Sum”), under California Civil Code Sections 9550, et seq.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay any of the persons named in California Civil Code Section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code Section 13020, with respect to the work and labor, then Surety will pay for the same.

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

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

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

Page 95 of 558 ends

2022 Sidewalk Repair Project PAYMENT BOND
CSD2022-015 Page 2
Version: December 2016
Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Fax: _______________________________
Email: ______________________________

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

7. Effective Date; Execution. This Bond is entered into and is effective on _____________________________, 20___.

SURETY: CONTRACTOR:
s/ _________________________ s/ _________________________ Name: _____________________ Name: _____________________ Title: ______________________ Title: ______________________ (Attach Acknowledgment with Notary
Seal and Power of Attorney)
APPROVED AS TO FORM:

By:_____________________________
Donald A. Larkin, City Attorney
Date:__________________________

END OF PAYMENT BOND

Page 96 of 558 ends

2022 Sidewalk Repair Project PERFORMANCE BOND
CSD2022-015 Page 1
Version: August 2017

PERFORMANCE BOND
The City of Morgan Hill (“City”) and
___________________________________________________ (“Contractor”) have entered into a contract, dated _________________________, 20____ (“Contract”) for work on the 2022 Sidewalk Repair Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as Principal and _______________ ________________________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than
______________________________ Dollars ($__________________) (the “Bond Sum”). By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond.

2. Surety’s Obligations; Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void upon recordation of the notice of completion, provided Contractor has timely provided a warranty bond as required under the Contract. Otherwise Surety’s obligations will remain in full force and effect until expiration of the one (1) year warranty period under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code Sections 2819 and 2845.

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

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

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

Page 97 of 558 ends

2022 Sidewalk Repair Project PERFORMANCE BOND
CSD2022-015 Page 2
Version: August 2017

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

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

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

6. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _______________________________
Address: ____________________________
City/State/Zip: ________________________
Phone: _____________________________
Fax: _______________________________
Email: ______________________________

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

8. Effective Date; Execution. This Bond is entered into and is effective on __________________________, 20___.
[Signatures are on the following page.]

Page 98 of 558 ends

2022 Sidewalk Repair Project PERFORMANCE BOND
CSD2022-015 Page 3
Version: August 2017
SURETY: CONTRACTOR:
s/ _________________________ s/ _________________________ Name: _____________________ Name: _____________________ Title: ______________________ Title: ______________________ (Attach Acknowledgment with Notary
Seal and Power of Attorney)
APPROVED AS TO FORM:

By:_____________________________
Donald A. Larkin, City Attorney
Date:__________________________

END OF PERFORMANCE BOND

Page 99 of 558 ends

2022 Sidewalk Repair Project WARRANTY BOND
CSD2022-015 Page 1
Version: August 2017

WARRANTY BOND
The City of Morgan Hill (“City”) and
_________________________________________________ (“Contractor”) have entered into a contract, dated _________________________, 20___ (“Contract”) for work on the 2022 Sidewalk Repair Project (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and _______________ ____________________________________________________________, its surety (“Surety”), are bound to City as obligee in the maximum amount of __________________________________ Dollars ($_________________) or 50% of the final Contract Price, whichever is greater (“Bond Sum”).

2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one (1) year period commencing with recordation of the Notice of Completion (the “Warranty Period”).

3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and make good at its sole expense any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

4. Waiver. Surety waives the provisions of Civil Code Sections 2819 and 2845.

5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Page 100 of 558 ends

2022 Sidewalk Repair Project WARRANTY BOND
CSD2022-015 Page 2
Version: August 2017
attorneys’ fees and costs in any action to enforce the provisions of this Bond.

7. Effective Date; Execution. This Bond is entered into and is effective on _____________________________, 20_________.

By:_____________________________
Donald A. Larkin, City Attorney
Date:__________________________

END OF WARRANTY BOND

Page 101 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 1
Version: October 2018

GENERAL CONDITIONS
Table of Contents:

Article 1 – Definitions ............................................................................................1 Article 2 – Roles and Responsibilities...................................................................5 Article 3 – Contract Documents ............................................................................9 Article 4 – Bonds, Indemnity and Insurance........................................................11 Article 5 – Contract Time ....................................................................................16 Article 6 – Contract Modification .........................................................................21 Article 7 – General Construction Provisions........................................................24 Article 8 – Payment.............................................................................................32 Article 9 – Labor Provisions ................................................................................37 Article 10 – Safety Provisions .............................................................................39 Article 11 – Completion and Warranty Provisions...............................................40 Article 12 – Dispute Resolution...........................................................................43 Article 13 – Suspension and Termination ...........................................................48 Article 14 – Miscellaneous Provisions.................................................................50 Article 1
Definitions

1.1 Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the words “day,” “furnish,” “including,” “install,” “work day” or “working day.” Allowance means an amount included in the Bid Proposal for Work that may or may not be included in the Project, depending on conditions that will not become known until after bids are opened. If the Contract Price includes an Allowance and the cost of performing the Work covered by that Allowance is greater or less than the Allowance, the Contract Price will be increased or decreased accordingly.

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

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

City means the City of Morgan Hill, acting through its City Council, officers, employees, and authorized representatives.

City Engineer means the City Engineer for the City and his or her authorized delegee(s) designated to oversee and manage the Project on City’s behalf.

Page 102 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 2
Version: October 2018
Claim means a separate demand by Contractor for change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment.

Contract means the signed agreement between City and Contractor.

Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Informal Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the notice of award and notice to proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Drawings and Specifications; any Change Orders; and any other documents expressly made part of the Contract Documents.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, or equipment following submission of the Bid Proposal. The Contract Price is deemed to include all applicable federal, state, and local taxes Contract Time means the number of calendar days for performance of the Work, as set forth in the Contract and as amended by Change Order.

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

Day means a calendar day unless otherwise specified.

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

Drawings means City-provided plans and graphical depictions of the Project requirements, and does not include Shop Drawings.

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

Final Completion means Contractor has fully completed all of the Work required by the Contract Documents, including all punch list items, any required commissioning, and has provided all required submittals, including the warranty bond, instructions and manuals, and as-built drawings to City’s satisfaction.

Page 103 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 3
Version: October 2018
Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to one hundred twenty five percent (125%) of the amount of any unreleased stop notice, amounts subject to setoff, up to one hundred fifty percent (150%) of any unresolved thirdparty claim for which Contractor is required to indemnify City, and up to one hundred fifty percent (150%) of any amount in dispute as authorized by Public Contract Code Section 7107.

Furnish means to purchase and deliver to the Worksite designated for installation.

Hazardous Materials means any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal, or cleanup.

Including, whether or not capitalized, means “including, but not limited to,” unless the context requires otherwise.

Inspector means the individual(s) or firm(s) retained by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all applicable codes, regulations, and permits.

Install means to fix in place for materials, and to fix in place and connect for equipment.

Project means the public works project referenced in the Contract.

Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the Engineer.

RFI means a written request from Contractor for information from City or Design Professional.

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

Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City approval, which are

Page 104 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 4
Version: October 2018
intended to provide details for fabrication, installation, and the like, of items required by or shown in the Drawings and Specifications.

Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into this Project by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions.

Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors, suppliers, fabricators, and equipment lessors of all tiers, unless otherwise indicated by the context.

Technical Specifications means Specifications.

Work means all of the construction and services necessary or incidental to completing the Project in conformance with the requirements of the Contract Documents.

Work Day or Working Day, whether or not capitalized, means a weekday which is not a holiday observed by City.

Worksite means the place or places where the Work is performed.

Page 105 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 5
Version: October 2018
Article 2
Roles and Responsibilities

2.1 Design Professional.
(A) General. Design Professional, as City’s representative, is responsible for the overall design of the Project, and to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Contract Documents.
(B) Interpretation. Design Professional will decide all questions pertaining to interpretation of the Drawings or Specifications. Design Professional’s decision regarding interpretation of the Drawings or Specifications is final and conclusive.

2.2 Contractor.
(A) General. Contractor must provide all labor, materials, equipment and services necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic and efficient manner in the best interests of City.
(B) Responsibility for the Work. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for, and required to exercise full control over, construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work with that of all other Contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. (C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including phone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative. (D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent, acceptable to City, and assistants, as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of

Page 106 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 6
Version: October 2018
Contract Time, until the superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent.
(E) Standards; Compliance. Contractor must, at all times, ensure that the Work is performed in a good workmanlike manner following best practices and in full compliance with the Contract Documents and all applicable laws, regulations, codes, standards, and permits. (F) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or its Subcontractors. If any person employed by Contractor fails or refuses to comply with the Engineer’s directions regarding the performance of the Work, or is determined by the Engineer to be incompetent to perform the Work, or acts in a disorderly or improper manner at the Worksite, that person may be permanently dismissed from the Project at the request of the Engineer.
(G) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City, Project Manager, or the Inspector to be deficient or defective in workmanship, materials, and equipment.
(H) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, but are not limited to, Project cost records and records relating to preparation of Contractor’s bid.
(1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as extra work.

Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.
(2) Contractor must continue to maintain its Project records in an organized manner for a period of four (4) years after City’s

Page 107 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 7
Version: October 2018
acceptance of the Project or following termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours.

2.3 Subcontractors.
(A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors, subject to the 50% limitation set forth in the Instructions to Bidders. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work.
(B) Contractual Obligations. Contractor must require every Subcontractor to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, and to likewise bind their subcontractors or suppliers. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor.

Copies of subcontracts must be available to the Engineer upon request.

Before a Subcontractor commences Work on the Project, Contractor must provide the Engineer a written statement with the name of the Subcontractor, a description of each portion of the Work performed by the Subcontractor, and the percentage of the overall Work to be performed by the Subcontractor.
(C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, provided that City accepts the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code Section 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing.

2.4 Coordination of Work.
(A) Concurrent Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, and must

Page 108 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 8
Version: October 2018
avoid hindering, delaying, or interfering with the work of other contractors and subcontractors. To the full extent permitted by law, Contractor must hold harmless and indemnify City, Design Professional, and Project Manager against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of another contractor or subcontractor.
(B) Defects. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any such known defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work.

2.5 Submittals. Unless otherwise specified, Contractor must submit to Project Manager for review and approval, all schedules, Shop Drawings, samples, product data and similar submittals required by the Contract Documents, or upon request by Project Manager. Unless otherwise specified, all submittals, including Requests for Information ("RFIs") are subject to the provisions of this Section.
(A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.
(B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current approved schedule for the Work and within the applicable time specified elsewhere in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project.
(C) Required Contents. Each submittal must include the Project name, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s).
(D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections in full conformance with the requirements of this Section.
(E) Effect of Review and Approval. Review and approval of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for

Page 109 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 9
Version: October 2018
any errors in any submittal, and review or approval of a submittal by City is not an assumption of risk or liability by City.
(F) Enforcement. Any Work performed or material used without prior approval of a required submittal will be performed at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work, and the cost of additional time or services required of the Design Professional, Project Manager, or Inspector. (G) Excessive RFIs. RFIs will be considered excessive or unnecessary if the Engineer determines that the explanation or response to the RFI is clearly and unambiguously discernable in the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.

Article 3
Contract Documents

3.1 Interpretation of Contract Documents.
(A) Drawings and Specifications. The Drawings and Specifications included in the Contract Documents are complementary. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Drawings and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Drawings and Specifications, the Specifications will control.
(B) Duty to Notify. If Contractor becomes aware of any ambiguity, discrepancy, omission, or error in the Drawings or Specifications, Contractor must immediately notify the Design Professional and request clarification of such, by submitting a written request for information (RFI) in the manner specified by City. The Design Professional’s clarifications or interpretations will be final and binding.
(C) Figures and Dimensions. Figures control over scaled dimensions.
(D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those

Page 110 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 10
Version: October 2018
meanings, unless otherwise specifically defined in the Contract Documents.
(E) Measurements. Contractor must verify all relevant measurements at the Worksite before ordering any material or performing any Work, and will be responsible for the correctness of those measurements.

3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency.

Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest:
(A) Change Orders;
(B) Addenda;
(C) Contract;
(D) Notice to Proceed;
(E) Notice of Award;
(F) Special Conditions;
(G) General Conditions;
(H) Payment and Performance Bonds;
(I) Specifications;
(J) Drawings;
(K) Contractor’s Bid Proposal and attachments;
(L) Notice Inviting Informal Bids;
(M) Instructions to Bidders; and
(N) Any documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, e.g., Caltrans Standard Specifications or Caltrans Special Provisions.

3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Standard Specifications:
(A) Limitations. None of the “General Provisions” of the Standard Specifications, i.e., Sections 1 through 9, applies to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents.
(B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Standard Specifications and a provision of

Page 111 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 11
Version: October 2018
these Contract Documents, as determined by City, the provision in the Contract Documents will govern.
(C) Meanings. Terms used in the Standard Specifications are to be interpreted as follows:
(1) Any reference to the “Engineer” is deemed to mean the City Engineer.
(2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions.
(3) Any reference to the “Department” or “State” is deemed to mean City.

3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. However, Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Contractor must promptly notify City of any perceived or actual conflict between the Contract Documents and any document provided "For Reference Only."
Article 4
Bonds, Indemnity, and Insurance

4.1 Payment and Performance Bonds. Within ten (10) days following issuance of the notice of award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than one hundred percent (100%) of the Contract Price, using the bond forms included with the Contract Documents. Each bond must be issued by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven (7) days following written notice from City, Contractor must substitute a surety acceptable to City. If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default.

4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its agents and consultants, and Design Professional (individually, an “Indemnitee,” and collectively the

Page 112 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 12
Version: October 2018
“Indemnitees”) from and against any and all liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or its failure to comply with any of its obligations under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this provision will be deemed a material breach of this Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code Section 9201.

4.3 Insurance. No later than ten (10) days following issuance of the notice of award, Contractor is required to procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract until the date of recordation of the notice of completion. The coverages may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or “umbrella” policies, provided each such policy complies with the requirements set forth herein. Any deductibles or self-insured retentions must be declared to and approved by City. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. Contractor further understands that City reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to Contractor, at any time as deemed necessary to protect the interests of City.
(A) Policies and Limits. The following insurance policies and limits are required for this Contract unless otherwise specified in the Special Conditions:

Page 113 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 13
Version: October 2018
(1) Commercial General Liability Insurance (“CGL”).

Contractor shall maintain CGL and shall include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work against claims and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) two million dollars ($2,000,000.00) combined single limit each occurrence and either a general aggregate limit of four million dollars ($4,000,000.00) or a general aggregate limit of two million dollars ($2,000,000.00) as applied on a “per project” or “per location” basis, or (ii) the maximum amount of such insurance available to Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
a. CGL policy may not exclude explosion, collapse,
underground excavation hazard, or removal of lateral
support.
b. CGL policy must include contractor’s protected coverage, blanket contractual, and completed operations.
(2) Builder’s Risk Insurance: The Builder’s Risk Insurance policy must be issued on occurrence basis, for all-risk coverage (including Flood and Earthquake) on a one hundred percent (100%) completed value basis on the insurable portion of the Project for the benefit of City.
(3) Workers’ Compensation Insurance and Employer’s
Liability: Contractor shall maintain Workers Compensation coverage, as required by law. The policy must comply with the requirements of the California Workers’ Compensation
Insurance and Safety Act and provide protection in the
minimum amount of: (i) One Million Dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If Contractor is self-insured, Contractor must provide its Certificate of Permission to SelfInsure, duly authorized by the Department of Industrial Relations.
(4) Automobile Liability: Contractor shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if Contractor does not own automobiles, then Contractor shall maintain Hired/Non-owned Automobile Liability) against claims

Page 114 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 14
Version: October 2018
and liabilities for personal injury, death, or property damage providing protection in the minimum amount of: (i) One Million Dollars ($1,000,000.00) combined single limit, or (ii) the maximum amount of such insurance available to Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
(5) Pollution (Environmental) Liability: Because the
performance of Contractor’s work or service under this Contract involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, Contractor shall procure and maintain Pollution Liability covering Contractor's liability for bodily injury, property damage and environmental damage resulting from pollution and related cleanup costs arising out of the work or services to be performed under this Agreement.

Coverage shall be provided for both work performed on site, as well as during the transport of hazardous materials. Such coverage shall be in the minimum amount of: (i) One Million Dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to
Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater.
(6) Professional Liability:
a. If the performance of Contractor’s work or service under this Contract involves professional and/or technical services (examples include, but are not limited to, architects,
engineers, land surveyors, legal services, and appraisers), Contractor shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: (i) One Million Dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to Contractor under Contractor’s combined
insurance policies (including any excess or “umbrella”
policies), whichever is greater. Further, if Contractor maintains a claims-made policy, Contractor shall provide written evidence of such insurance to City for at least five (5) years after the completion of work performed under this Contract.
b. If the performance of Contractor’s work or service under this Contract relates to Information Technology or related
services (examples include, but are not limited to computer

Page 115 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 15
Version: October 2018
programmers, hardware engineers, or other systems
consultants), Contractor shall procure and maintain a claims made Errors and Omission liability insurance, including Cyber Liability and Data Breach, in the minimum amount of:
(i) One Million Dollars ($1,000,000.00) each claim, or (ii) the maximum amount of such insurance available to Contractor under Contractor’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater. (B) Required Endorsements. Contractor must provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:
(1) For all Policies except Builder’s Risk and Professional Liability:
a. “Waiver of Subrogation” endorsements providing that the carrier agrees to waive any right of subrogation it may have against the City of Morgan Hill and City’s elected or
appointed officials, boards, agencies, officers, agents, employees, and volunteers.
(2) General Liability, Automobile, and Pollution Liability:
a. “Additionally Insured” endorsements naming the City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers as additional insureds;
b. “Primary and Non-Contributing” endorsements stating that the policy is primary non-contributing;
(3) General Liability:
a. “Separation of Insureds” endorsements stating that the inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(C) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the additional insureds and waiver of subrogation.

Page 116 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 16
Version: October 2018
(D) Certificates. Contractor must furnish City with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, CONSULTANT shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to Contractor’s Contract with City may be reduced, canceled, allowed to expire, or materially changed except after thirty (30) days' notice by the insurer to City, unless due to non-payment of premiums, in which case ten (10) days written notice must be made to City. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address as follows:

City of Morgan Hill
Attn: Risk Management
17575 Peak Avenue
Morgan Hill, CA 95037

4.4 Warranty Bond. As a condition precedent to Final Completion, Contractor must submit a warranty bond, using the form provided by City, to guarantee its Work as specified in Article 11, Completion and Warranty Procedures. The warranty bond must be issued by a surety admitted in California for fifty percent (50%) of the final Contract Price or as otherwise specified in the Contract Documents. If an issuing surety cancels the bond or becomes insolvent, within seven (7) days following written notice from City, Contractor must substitute a surety acceptable to City.

Article 5
Contract Time

5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time. (A) General. Contractor must commence the Work on the date indicated in the notice to proceed, and must fully complete the Work, in strict compliance with all requirements of the Contract Documents, and within the Contract Time.
(B) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply

Page 117 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 17
Version: October 2018
with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress. Alternatively, City may terminate the Contract based on Contractor’s default.

5.2 Schedule Requirements. All schedules must be prepared using standard scheduling software acceptable to City, and must provide schedules in electronic and paper form as requested.
(A) As-Planned (Baseline) Schedule. Within fifteen (15) calendar days following issuance of the notice of award (or as otherwise specified in the Special Conditions), Contractor must submit to City for review and approval an as-planned (baseline) schedule showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time using critical path methodology. The as-planned schedule must include the work of all trades required for the Work, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the as-planned schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates, and the duration. (B) Progress Schedules. Contractor must submit an updated progress schedule and three (3) week look-ahead schedule, in the format specified by City, for review and approval with each application for a progress payment. The progress schedule must show how the actual progress of the Work to date compared to the as-planned schedule, and must identify any actual or potential impacts to the critical path. (C) Recovery Schedule. If City determines that the Work is more than one (1) week behind schedule, within seven (7) days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date.
(D) Effect of Approval. Contractor and its Subcontractors must perform the Work in accordance with the most current approved schedule unless otherwise directed by City. City approval of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time.
(E) Posting. Contractor must at all times maintain a copy of the most current approved progress or recovery schedule posted prominently in its on-site office.

Page 118 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 18
Version: October 2018
(F) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work.
(G) Authorized Working Days and Times. Contractor is limited to working Monday through Friday, excluding City of Morgan Hill-observed holidays, during City’s normal business hours, except as expressly provided in the Special Conditions, or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in these Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services.

5.3 Delay and Extensions of Contract Time.
(A) Excusable Delay. The Contract Time may be extended if Contractor encounters an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through planning, foresight, and diligence (“Excusable Delay”). Grounds for Excusable Delay may include fire, earthquake, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, suspension for convenience under Article 13, or unusually severe weather.
(B) Non-Excusable Delay. Excusable Delay does not include delay that is concurrent with non-Excusable Delay, and does not include delay caused by:
(1) weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten (10) years;
(2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for timely completion of the Work;
(3) Contractor’s failure to provide adequate notification to utility companies for connections or services necessary for the timely performance and completion of the Work;

Page 119 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 19
Version: October 2018
(4) foreseeable conditions Contractor could have ascertained from reasonably diligent inspection of the Worksite or review of the Contract Documents; or
(5) Contractor’s financial inability to perform the Work, including insufficient funds to pay its Subcontractors or suppliers. (C) Request for Extension of Contract Time. A request for an extension of time and associated delay costs must be submitted in writing to City within ten (10) calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6, below.

Strict compliance with these requirements is necessary to ensure that any delay or delay costs may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project and timely performance of the Work. Any request for an extension of time or delay costs that does not strictly comply with the requirements of Article 5 and Article 6 will be deemed waived.
(1) Required Contents. The request must include a detailed description of the cause(s) of the delay, and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, e.g., by workforce management, change in sequencing, etc. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects.
(2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed, or provide a realistic estimate if the duration of the delay is not yet known. The request must specify the amount of any delay-related costs that are claimed, or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known.
(3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including schedule and cost impacts, including a time impact analysis using critical path methodology, and demonstrating unavoidable delay to Final Completion. The time

Page 120 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 20
Version: October 2018
impact analysis must be submitted in a form or format acceptable to City.
(4) Burden of Proof. Contractor has the burden of proving 1) that the delay was an Excusable Delay, as defined above, 2) that Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts, 3) that the delay will unavoidably result in delaying Final Completion, and 4) that any delay costs claimed by Contractor were actually incurred and were reasonable under the circumstances.
(5) Recoverable Costs. If Contractor is granted an extension of time for Excusable Delay, recompense for delay costs will be limited to actual, direct, reasonable, and substantiated costs, and will not include home office overhead, or markup for overhead and profit.
(6) Legal Compliance. Nothing in this provision is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code Section 7102.
(7) No Waiver. Any grant of an extension of time or delay costs due to an Excusable Delay will not operate as a waiver of City’s right to assess liquidated damages for unexcused delay. (8) Dispute Resolution. In the event of a dispute over entitlement to an extension of time or delay costs, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of time or delay costs is to comply with the Dispute Resolution provisions set forth in Article 12, below.

5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages which are difficult to determine and accurately specify. Pursuant to Public Contract Code section 7203, if Contractor fails to achieve Final Completion within the Contract Time, City may charge Contractor in the amount specified in the Contract for each day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty.
(A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable Delay, as set forth above.

Page 121 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 21
Version: October 2018
(B) Milestones. Liquidated damages will also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents.
(C) Setoff. City is entitled to set off the amount of liquidated damages assessed against any payments otherwise due to Contractor, including setoff against release of retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety.
(D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s unexcused delay in achieving Final Completion.

Article 6
Contract Modification

6.1 Changes in Work. City reserves the right to make changes in the Work without invalidating the Contract. City may direct or Contractor may request changes in the Work, and any such changes will be formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. Contractor must promptly comply with City-directed changes in the Work in accordance with the intent of the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time.
(A) City-Directed Change. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change, Contractor must perform the Work as directed and may not delay its work or cease work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute.
(B) Contractor’s Obligations. In the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents as opposed to changed or extra Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute.

Page 122 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 22
Version: October 2018
(C) Remedy for Non-Compliance. Contractor’s failure to promptly comply with an City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price.
(D) Dispute Resolution. Contractor’s sole recourse for an unresolved dispute related to changes in the Work is to comply with the dispute resolution provisions set forth in Article 12, below.

6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work or a change in the Contract Price or Contract Time as a written Change Order request or proposal. (A) Time for Submission. Any request for a change in the Contract Price must be submitted in writing to Project Manager within ten (10) calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. (B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, and subcontract amounts. Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delayrelated costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions.
(D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City.
(E) Certification. All Change Order requests must be signed by Contractor and must include the following certification:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete, and agrees that any costs, expenses, or time extension request not included herein is deemed waived. Contractor understands that submission of

Page 123 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 23
Version: October 2018
claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code Sections 12650 et seq.”

6.3 Adjustments to Contract Price. The amount of any increase or decrease to the Contract Price will be determined based on one (1) of the following methods in the order provided:
(A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or schedule of values, will apply if unit pricing has previously been provided in Contractor’s accepted bid schedule or schedule of values for the affected Work; (B) Lump Sum. A mutually agreed upon lump sum;
(C) Time and Materials. On a time and materials basis, which may include a not-to-exceed limit, calculated as the total of the following sums:
(1) All direct labor costs plus fifteen percent (15%) for overhead and profit;
(2) All direct material costs, including sales tax, plus fifteen percent (15%) for overhead and profit;
(3) All direct plant and equipment rental costs, plus fifteen percent (15%) for overhead and profit;
(4) All direct subcontract costs plus ten percent (10%) for overhead and profit; and
(5) Increased bond or insurance premium costs computed at one and one half percent (1½%) of total of the previous four (4) sums.

6.4 Unilateral Change Order. If City disagrees with the amount of compensation or extension of time that Contractor has requested, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time in the amount City believes is merited. Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.

6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to full comply with the provisions of this Article. Contractor will not be paid for unauthorized extra work.

Page 124 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 24
Version: October 2018
Article 7
General Construction Provisions

7.1 Permits and Taxes.
(A) General. Contractor must obtain and pay for any and all permits, fees, or licenses required to perform the Work, unless otherwise indicated in the Contract Documents. Contractor must cooperate with and provide notifications to government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all notices, permits, licenses, and renewals required for the Work.
(B) Federal Excise Tax. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax.

7.2 Temporary Facilities. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities, including onsite office, sanitary facilities, storage, scaffolds, barricades, walkways, and any other temporary structure required to safely perform the Work along with any utility services incidental thereto.
(A) Standards. Such structures must be safe and adequate for the intended use, and installed and maintained in accordance with all applicable federal, state, and local laws, codes, and regulations. (B) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition.
(C) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions.

7.3 Signs. No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract Documents, without City’s prior written approval as to content, size, design, and location.

7.4 Protection of Work and Property.
(A) General. Contractor is responsible at all times for protecting the Work and materials and equipment to be incorporated into the Work from damage until the Notice of Completion has been recorded. Except as

Page 125 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 25
Version: October 2018
specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Drawings. Contractor is liable for any damage caused to City’s real or personal property, the real or personal property of adjacent property owners, or the work or personal property of other contractors working for City.
(B) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Drawings or apparent from inspection of the Project site, Contractor must promptly notify Project Manager, and must avoid taking any action which could cause damage to the facilities or utilities pending further direction from Project Manager. If Project Manager’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6, above.
(C) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, underpinning, etc., necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by law.

7.5 Noninterference. Contractor must take reasonable measures to avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures.

7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for the Work must be new and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation, and must be installed in accordance with the manufacturer’s recommendation.

Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work, and is responsible for protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City accepts the Project.
(B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation of such items in accordance with the Contract Documents. Contractor must promptly

Page 126 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 26
Version: October 2018
notify City of any defects discovered in City-provided materials or equipment. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor.
(C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization required for use of patented or copyright protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligation in Article 4, applies to any claimed violation of intellectual property rights in violation of this provision.

7.7 Substitutions.
(A) “Or Equal.” Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and Contractor may request use of any equal material, product, thing, or service.
(B) Request for Substitution. A request for substitution must be submitted to Project Manager for approval within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within thirty five (35) days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier. (C) Substantiation. All data substantiating the proposed substitute as an “equal” item must be submitted with the written request for substitution.

Contractor’s failure to timely provide necessary substantiation is ground for rejection of the proposed substitution, without further review. (D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution. City has sole discretion to determine whether a proposed substitution is “equal,” and City’s determination is final.

(E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs associated with the substituted item(s). If the proposed substitution is rejected, Contractor must, without delay, install the item specified.
(F) Contractor’s Obligations. City’s review of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution,

Page 127 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 27
Version: October 2018
Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements.

7.8 Testing and Inspection.
(A) General. All materials, equipment, and workmanship used in the Work are subject to inspection by Inspector at all times and locations during construction and/or fabrication. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten (10) days prior to the first such application or installation. Contractor must, at all times, make the Work available for inspection.
(B) Scheduling and Notification. Contractor must schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must provide timely notice to all necessary parties as specified in the Contract Documents. (C) Responsibility for Costs. City will bear the initial cost of testing to be performed by independent testing consultants retained by City, subject to the following exceptions:
(1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection costs, at City’s established rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection. (3) In addition, if any portion of the Work which is subject to testing is covered or concealed by Contractor prior to testing, Contractor will bear the cost of making that portion of the Work available for the testing required by the Contract Documents, and any associated repair or remediation costs.
(D) Contractor’s Obligations. Any Work that fails to comply with the requirements of the Contract Documents must be promptly repaired, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work was previously inspected or included in a progress payment.

Contractor is solely responsible for any delay occasioned by remediation of noncompliant Work. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site,

Page 128 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 28
Version: October 2018
Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations.
(F) Final Inspection. The provisions of this Section 7.8 apply to final inspection under Article 11, Completion and Warranty Provisions.

7.9 Clean up. Contractor must regularly remove debris and waste materials and maintain the Worksite in clean and neat condition.
(A) General. Prior to discontinuing work in an area, Contractor must clean the area and remove all rubbish along with its construction equipment, tools, machinery, waste and surplus materials. Contractor must, at all times, minimize and confine dust and debris resulting from construction activities.
(B) Completion. At the completion of the Work, Contractor must remove from the Worksite all of its equipment, tools, surplus materials, waste materials and debris. Before demobilizing from the Worksite, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas.
(C) Non-Compliance. If Contractor fails to commence compliance with its cleanup obligations within two (2) business days following written notification from City or its representative, City may undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due Contractor.

7.10 Instructions and Manuals. Contractor must provide three (3) copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project.
(A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten (10) days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to City for review. (B) Instruction of Personnel. Contractor or its Subcontractors must instruct City’s personnel in the operation and maintenance of any complex equipment as a condition precedent to Final Completion, if required in the Contract Documents.

Page 129 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 29
Version: October 2018

7.11 As-built Drawings. Contractor and its Subcontractors must maintain on the Worksite a separate complete set of the Drawings which will be used solely for the purpose of recording changes made in any portion of the Work in order to create accurate record drawings at the end of the Project. (A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Progress payments may be delayed, in whole or in part, until the as-built drawings are brought up to date to the satisfaction of City. Actual locations to scale must be identified on the as-built drawings for all runs of mechanical and electrical work, including all site utilities, etc., installed underground, in walls, floors, or otherwise concealed. Deviations from the original Drawings must be shown in detail. The location of all main runs, whether piping, conduit, ductwork, drain lines, etc., must be shown by dimension and elevation. (B) Final Completion. Contractor must verify that all changes in the Work are depicted in the as-built drawings and must deliver the complete set of as-built drawings to City for review and approval as a condition precedent to Final Completion.

7.12 Existing Utilities. As required by Government Code Section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility. City assumes responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project site, if those utilities are not identified in the Contract Documents. Contractor will be compensated in accordance with the provisions of the Contract Documents for the costs of locating, repairing damage not due to Contractor’s failure to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Drawings or Specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completion of the Work, to the extent such delay was caused by City’s failure to provide for removal or relocation of the utility facilities.

7.13 Notice of Excavation. Government Code Section 4216.2, requires that except in an emergency, Contractor must contact the appropriate regional notification center, or Underground Services Alert at 800-642-2444 (for Northern California), at least two (2) working days, but not more than fourteen (14) calendar days before starting any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations, and if practical, Contractor must delineate with white paint or other suitable markings the area to be excavated.

Page 130 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 30
Version: October 2018

7.14 Trenching and Excavations.
(A) Duty to Notify. Contractor must promptly, and before the following conditions are disturbed, provide written notice to City if Contractor finds any of the following conditions:
(1) Material that Contractor believes may be a hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law; (2) Subsurface or latent physical conditions at the Worksite differing from those indicated by information about the Worksite made available to bidders prior to the deadline for submitting bids; or
(3) Unknown physical conditions at the Worksite of any unusual nature, materially different from those ordinarily encountered and generally recognized as inherent in work of the character required by the Contract Documents.
(B) City Investigation. City will promptly investigate the conditions and if City finds that the conditions do materially differ or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, City will issue a Change Order.
(C) Disputes. In the event that a dispute arises between City and Contractor regarding any of the conditions specified in subsection (A) above, Contractor will not be excused from any scheduled completion date provided for in the Contract Documents, but must proceed with all Work to be performed under the Contract. Contractor will retain any and all rights provided either by the Contract or by law which pertain to the resolution of disputes between Contractor and City.

7.15 Trenching of Five Feet or More. As required by Labor Code Section 6705, if the Contract Price exceeds Twenty Five Thousand Dollars ($25,000.00) and the Work includes the excavation of any trench or trenches of five (5) feet or more in depth, a detailed plan must be submitted to City or its civil or structural engineer, for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a registered civil or structural engineer. Use of a shoring, sloping, or

Page 131 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 31
Version: October 2018
protective system less effective than that required by the Construction Safety Orders is prohibited.

7.16 New Utility Connections. City will pay connection charges and meter costs for new permanent utilities required by the Contract Documents, if any. Contractor must notify City sufficiently in advance of the time needed to request service from each utility provider so that connections and services are initiated in accordance with the Project schedule.

7.17 Lines and Grades. Contractor is required to use any benchmark provided by the Engineer. Unless otherwise specified in the Contract Documents, Contractor must provide all lines and grades required to execute the Work.

7.18 Historic or Archeological Items.
(A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify Project Manager, upon discovery of any potential historic or archeological items, including historic or prehistoric ruins, burial grounds, archaeological or vertebrate paleontological site, including fossilized footprints or other archeological, paleontological or historical feature on the Project site (collectively, “Historic or Archeological Items”). (B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped within an eighty five (85) foot radius of the find and may not resume until authorized in writing by City. If required by City, Contractor must assist in protecting or recovering the Historic or Archeological Items, any such assistance to be compensated as extra work on a time and materials basis under Article 6, Contract Modification. Any suspension of Work required due to discovery of Historic or Archeological Items will be treated as a suspension for convenience under Article 13.

7.19 Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor and its Subcontractors must at all times in the performance of the Work comply with all applicable federal, state, and local laws and regulations concerning pollution of waterways. (A) Stormwater Permit. Contractor must comply with all applicable conditions of the State Water Resources Control Board National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Stormwater Runoff Associated with Construction Activity (“Stormwater Permit”).

Page 132 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 32
Version: October 2018
(B) Contractor’s Obligations. If required for the Work, a copy of the Stormwater Permit is on file in City’s principal administrative offices, and Contractor must comply with the same without adjustment of the Contract Price or the Contract Time. Contractor must timely and completely submit required reports and monitoring information required by the conditions of the Stormwater Permit, Contractor must comply with all other applicable state, municipal or regional laws, ordinances, rules or regulations governing discharge of stormwater, including applicable municipal stormwater management programs.

Article 8
Payment

8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to Project Manager a schedule of values apportioned to the various divisions and phases of the Work. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid.

8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month.
(A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Worksite, as well as authorized and approved Change Orders. Each pay application must be supported by Contractor’s schedule of values and any other substantiating data required by the Contract Documents.

Each application for payment shall be accompanied by completed “Contract Balance Form,” a copy of which is provided at the end of Article 8.
(B) Payment of Undisputed Amounts. City will pay the undisputed amount due, as certified the Design Professional, within thirty (30) days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code Section 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may deduct additional amounts as set forth in Section 8.3, below.

Page 133 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 33
Version: October 2018

8.3 Adjustment of Payment Application. City may adjust or reject a payment application, including application for Final Payment, in whole or in part, based upon any of the circumstances listed below. Contractor will be notified in writing of the basis for the adjustment, and will be promptly paid once the basis for that adjustment has been remedied and no longer exists.
(A) Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items;
(B) Loss or damage caused by Contractor or its Subcontractor(s) arising out of or relating to performance of the Work;
(C) Contractor’s failure to pay its Subcontractors and suppliers when payment is due;
(D) Failure to timely correct rejected, nonconforming, or defective Work;
(E) Unexcused delay in performance of the Work;
(F) Any unreleased stop notice, retained as one hundred twenty five percent (125%) of the amount claimed;
(G) Failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents:
(H) Failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents;
(I) Work performed without approved Shop Drawings, when approved Shop Drawings are required before proceeding with the Work; (J) Contractor’s payroll records are delinquent or inadequate; and (K) Any other costs or charges that may be offset against payments due, as provided in the Contract Documents, including liquidated damages.

8.4 Acceptance of Work. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.

Page 134 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 34
Version: October 2018

8.5 Retention. City will retain five percent (5%) of the amount due on each progress payment, or the percentage stated in the Notice Inviting Informal Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work.
(A) Substitution of Securities. As provided by Public Contract Code Section 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City.

Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code Section 22300, and will be subject to approval as to form by City’s legal counsel.
(B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld under Section 8.3 or 8.6 will be released as Final Payment to Contractor no sooner than thirty five (35) days following recordation of the notice of completion, and no later than sixty (60) days following acceptance of the Project by City’s governing body or authorized designee, or, if the Project has not been accepted, no later than sixty (60) days after the Project is otherwise considered complete under Public Contract Code Section 7107(c).

8.6 Setoff. City is entitled to set off any amounts due from Contractor against any payments due to Contractor. City’s entitlement to setoff includes progress payments as well as Final Payment and release of retention.

8.7 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Worksite by the Subcontractor or supplier during the preceding month. Such payments must be made in accordance with the requirements of the law, and those of the Contract Documents and applicable subcontract or supplier contract.
(A) Withholding for Stop Notice. City will withhold one hundred twenty five percent (125%) of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.
(B) Joint Checks. City reserves the right to issue joint checks made payable to Contractor and its Subcontractors or suppliers. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by City. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint

Page 135 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 35
Version: October 2018
check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement.

8.8 Final Payment. Final Completion, acceptance of the Work by City, and recordation of the Notice of Completion, and any release required by the Contract Documents are conditions precedent to Final Payment and release of undisputed retention, as set forth above. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. The date of Final Payment is deemed to be effective on the date that City acts to release retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties.

8.9 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts. Any disputed amounts may be specifically excluded from the release.

8.10 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor.

Page 136 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 36
Version: October 2018

CONTRACT BALANCE FORM
Project Name: 2022 Sidewalk Repair Project
Note: A detailed invoice MUST be attached to this Contract Balance Form.

CONTRACTOR NAME: ____________________________ DATE: ______________________________ MAILING ADDRESS: ______________________________ TELEPHONE NO.: ____________________ ______________________________ FAX NO.: ___________________________ ______________________________ PROJECT NO.: ______________________ INVOICE NO.: _______________________

1. ORIGINAL CONTRACT AMOUNT: $________

2. APPROVED CHANGE ORDERS TOTAL: $________

3. REVISED CONTRACT AMOUNT: (1+2) $________

4. PREVIOUS BALANCE PAID: $________

5. REMAINING BALANCE: (3-4) $________

6. CURRENT PROGRESS PAYMENT DUE: $________
(before retention)

7. 5% RETENTION FROM WORK DONE: (-)$________

8. CURRENT BALANCE DUE: (6-7) $________

9. REMAINING BALANCE OF REVISED
CONTRACT AMOUNT: (5-8) $________
(including retention)

Page 137 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 37
Version: October 2018
Article 9
Labor Provisions

9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable Federal and California laws including the California Fair Employment and Housing Act (Government Code Sections 12900 et seq.), Government Code Section 11135, and Labor Code Sections 1735, 1777.5, 1777.6, and 3077.5.

9.2 Labor Code Requirements.
(A) Eight Hour Day. Under Labor Code Section 1810, eight (8) hours of labor constitute a legal day’s work under this Contract. (B) Penalty. Under Labor Code Section 1813, Contractor will forfeit to City as a penalty, the sum of Twenty Five Dollars ($25.00) for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight (8) hours in any one (1) calendar day or more than forty (40) hours per calendar week, except if such workers are paid overtime under Labor Code Section 1815. (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code Section 1777.5, which is fully incorporated by reference.
(D) Notices. Under Labor Code Section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation.

9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code Section 1720, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in Sections 1771 and 1774 of the Labor Code. The prevailing wage rates are available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Worksite. (A) Penalties. Under Labor Code Section 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to Two Hundred Dollars ($200.00) for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.

Page 138 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 38
Version: October 2018
(B) Federal Requirements. If this Project is subject to Federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the current applicable prevailing wage rates under federal law, available online at http://www.access.gpo.gov/davisbacon/ca.html.

9.4 Payroll Records. Contractor must comply with the provisions of Labor Code Sections 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records.
(A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) Contractor or Subcontractor has complied with the
requirements of Labor Code Sections 1771, 1811, and 1815 for any Work performed by its employees on the Project.
(B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, or to the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations, and as further provided by the Labor Code.
(C) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Contractor or Subcontractor has ten (10) days in which to comply with requirements of this section. If Contractor or Subcontractor fails to do so within the ten (10) day period, Contractor or Subcontractor will forfeit a penalty of One Hundred Dollars ($100.00) per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due.

Page 139 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 39
Version: October 2018

9.5 Labor Compliance. Under Labor Code section 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

9.6 Wage Theft Prevention. Compliance with Wage and Hour Laws:

Contractor, and any subcontractor it employs to complete work under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act and the California Labor Code.

Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted or the time to appeal has expired. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against Contractor and/or its Subcontractors: BY SIGNING

THIS AGREEMENT, CONTRACTOR AFFIRMS THAT IT HAS DISCLOSED ANY

FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR
INVESTIGATORY GOVERNMENT AGENCY FINDING – IN THE FIVE (5) YEARS PRIOR TO EXECUTING THIS AGREEMENT – THAT CONTRACTOR

OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS SATISFIED AND COMPLIED WITH – OR HAS

REACHED AGREEMENT WITH THE CITY REGARDING THE MANNER IN WHICH IT WILL SATISFY – ANY SUCH JUDGMENTS, DECISIONS OR ORDERS.

Judgments or Decisions During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or an subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or order that was not previously disclosed, Contractor shall inform the City Attorney, no more than fifteen (15) days after the judgment, decision or order becomes final or of learning of the final judgment, decision or order. Contractor and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decision or order within five (5) days of satisfying the final judgment, decision or order. The City reserves the right to require Contractor to enter into an agreement with the City regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where Contractor or any subcontractor it employs to perform work under this Agreement has been found in violation of any

Page 140 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 40
Version: October 2018
applicable wage and hour law by a final judgment, decision or order of a court or government agency, the City reserves the right to withhold payment to Contractor until such judgment, decision or order has been satisfied in full.

Material Breach: Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.

Notice to City Related to Wage Theft Prevention: Notice provided to the City Attorney as required under this Section shall be addressed to: City Attorney, City of Morgan Hill, 17575 Peak Avenue, Morgan Hill, CA 95037. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

Article 10
Safety Provisions

10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work.

Contractor and its Subcontractors must comply with all applicable safety laws, rules and regulations and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite.
(A) Reporting Requirements. Contractor must immediately provide a written report to City of all recordable accidents and injuries occurring at the Worksite. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City. (B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by law or regulation. (C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor.
(D) Remedies. If City determines, in its sole discretion, that any part of the Work or Worksite is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction. If Contractor fails to promptly take the required corrective

Page 141 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 41
Version: October 2018
measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision.

10.2 Hazardous Materials. Unless otherwise specified, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Worksite that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe, but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestoscontaining products or other Hazardous Materials may be used in performance of the Work.

10.3 Material Safety. Contractor must maintain Material Safety Data Sheets (“MSDS”) at the Worksite, as required by law, for materials or substances used or consumed in the performance of the Work. The MSDS will be accessible and available to Contractor’s employees, Subcontractors, and City.
(A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Worksite and/or used in the performance of the Work.
(B) Labeling. Contractor must ensure proper labeling on any material brought onto the Worksite so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.

Article 11
Completion and Warranty Provisions

11.1 Final Completion.
(A) Final Inspection. When the Work required by this Contract is fully performed, Contractor must provide written notification to Project Manager requesting final inspection. Based on this inspection, the Design Professional will prepare a punch list of items that are incomplete, incorrectly installed, or not operating as required by the Contract Documents. The omission of any such item from this punch list will not

Page 142 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 42
Version: October 2018
relieve Contractor from fulfilling all requirements of the Contract Documents.
(B) Punch List. City will promptly deliver the punch list to Contractor and will specify the time by which all of the punch list items must be completed or corrected. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time.
(C) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents, and submission of all final submittals, including a warranty bond as required under Section 4.4, instructions and manuals as required under Section

7.10, and as-built drawings as required under Section 7.11, all to City’s satisfaction. Once Final Completion is achieved, and the Project has been formally accepted by City, City will file a notice of completion with the County Recorder.
(D) Final Payment. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than thirty five (35) days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may elect to accept the Project and record the notice of completion, and withhold up to one hundred fifty percent (150%) of City’s estimated cost to complete the remaining items from Final Payment.

11.2 Warranty.
(A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance.
(B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one (1) year from the date of recordation of the notice of completion (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors,

Page 143 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 43
Version: October 2018
suppliers and manufacturers any special or extended warranties required by the Contract Documents.
(C) Warranty Documents. As a condition precedent to acceptance, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers.
(D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor expressly agrees to act as co-guarantor of such Work.
(E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. (F) City’s Remedies. If Contractor and/or its responsible Subcontractor fails to correct defective Work within ten (10) days following notice by City, or sooner, if required by the circumstances, Contractor expressly agrees that City may correct the defects to conform with Contract Documents at Contractor’s sole expense, and Contractor agrees to reimburse City for its costs within thirty (30) days following City’s submission of a demand for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor is solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein in addition to any and all costs incurred by City to correct the defective Work.

11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision.
(A) Non-Waiver. Occupation or use prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these

Page 144 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 44
Version: October 2018
Contract Documents, and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect. (B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before final completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to perform the Work.

11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to recordation of the Notice of Completion, except for warranty work performed under this Article.

Article 12
Dispute Resolution

12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work.
(A) Definition. “Claim” means a separate demand by Contractor, submitted in writing, for change in the Contract Time or Contract Price that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part.
(B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City.

With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City.
(C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount, and applies in addition to the provisions of Public Contract Code Section 9204 and Sections 20104, et seq.

Page 145 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 45
Version: October 2018
(D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of the Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute.

12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:
(A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of the relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format. A Claim must be submitted in the following format:
(1) General introduction, specifically identifying the submission as a “Claim” submitted under this Article 12.
(2) Relevant background information, including identification of the specific demand at issue, and the date of City's rejection of that demand.
(3) Detailed explanation of the issue(s) in dispute. For multiple issues, separately number and identify each issue and include the following for each separate issue:
(a) The background of the issue, including references to relevant provisions of the Contract Documents;
(b) A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;
(c) A chronology of relevant events;

Page 146 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 46
Version: October 2018
(d) The identification and attachment of all supporting documents (see subsection (A), above, on Substantiation); and
(e) Use of a separate page for each issue.
(4) Summary of issues and damages.
(5) The following certification, executed by Contractor’s authorized representative:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim are true and correct. Contractor warrants that this Claim is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived.

Contractor understands that submission of a Claim which has no basis in fact or which Contractor knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.).” (C) Submission Deadlines.
(1) A Claim must be submitted within fifteen (15) days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part.
(2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment, or will be deemed waived.
(3) A Claim disputing the amount of Final Payment must be submitted within fifteen (15) days of the effective date of Final Payment, under Section 8.8, above.
(4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project.

Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.

12.3 City’s Response. City will respond within forty-five (45) days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the forty-five (45) day period is extended by mutual agreement of City and Contractor. However, the City may first request, in

Page 147 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 47
Version: October 2018
writing, within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against Contractor. If Contractor fails to submit the additional documentation to City within fifteen (15) days of receipt of City’s request, the Claim will be deemed waived.
(A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor.
(B) City’s Response. City’s written response to the Claim, as further documented, will be submitted to Contractor within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by Contractor in producing the additional information, whichever is greater.
(C) Non-Waiver. Any failure by City to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents.

12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, Contractor must notify City in writing, either within fifteen (15) days of receipt of City’s response, or within fifteen (15) days of City’s failure to respond within the specified time, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response, in writing, within the specified times, Contractor’s Claim will be deemed waived. (A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within thirty (30) days, or later if needed to ensure the mutual availability of all of the individuals that each party requires to represent its interests at the meet and confer conference.
(B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office. (C) Written Statement After Meet and Confer. Within ten (10) working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days

Page 148 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 48
Version: October 2018
after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the disputed portion(s) will be submitted for mediation as set forth below.

12.5 Mediation and Government Code Claims.
(A) Mediation. Mediation under this Article will be scheduled within sixty (60) days following conclusion of the meet and confer process, with a mediator that the parties mutually agreed upon. The mediation itself may take place more than sixty (60) days following conclusion of the meet and confer process to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests.

The parties must share the costs of mediation equally, except costs incurred by each party for representation by legal counsel or any other consultant.
(B) Government Code Claims.
(1) Timely presentment of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract.
(2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section

12.2, above, until the time that Claim is denied as a result of the meet and confer process, including any period of time used by the meet and confer process. If the parties agree to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.

12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.

12.7 Arbitration. It is expressly agreed, under California Code of Civil Procedure Section 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.

12.8 Damages. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages.

Contractor is not entitled to recovery of any alleged home office overhead.

The Eichleay Formula or similar formula may not be used for any recovery

Page 149 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 49
Version: October 2018
under the Contract. Contractor is not entitled to consequential damages, including home office overhead or any form of overhead not directly incurred at the Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract.

12.9 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City.

Nothing in this Article is intended to delay suspension or termination under Article 13.

Article 13
Suspension and Termination

13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion of it, suspended until the cause for the suspension has been eliminated to City’s satisfaction.
(A) Failure to Comply. Contractor will not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (B) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.

13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience, and not due to any act or omission by Contractor or its Subcontractors. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work as directed by City. The Contract Price and the Contract Time will be equitably adjusted by Change Order to reflect the cost and delay impact occasioned by such suspension for convenience.

13.3 Termination for Default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper

Page 150 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 50
Version: October 2018
materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; or if Contractor lacks financial capacity to complete the Work within the Contract Time; or is otherwise responsible for a material breach of the Contract requirements.
(A) Notice. Upon City’s determination that Contractor is in default, City may provide Contractor and its surety written notice of default and intent to terminate the Contract.
(B) Termination. Within seven (7) calendar days after notice of intent to terminate for default has been given, unless the default is cured or arrangements to cure the default have been made and memorialized in writing, to City’s satisfaction, City may terminate the Contract by written notice to Contractor with a copy to Contractor’s surety. (C) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of termination, Contractor’s surety will be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City will have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. (D) Wrongful Termination. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience, in Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including consequential damages, lost opportunity costs or lost profits.

13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor.

Upon receipt of such notice, Contractor must immediately stop the Work, comply with City’s instructions to protect the completed Work and materials, and use its best efforts to minimize further costs. In the event of termination for convenience, the parties agree that the following will

Page 151 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 51
Version: October 2018
constitute full and fair compensation to Contractor, and that Contractor will not be entitled to any additional compensation:
(A) Completed Work. The value of its Work satisfactorily performed to date, including Project overhead and profit based on Contractor’s schedule of values;
(B) Demobilization. Actual and substantiated demobilization costs; and
(C) Markup. Five percent (5%) of the total value of the Work performed as of the date of notice of termination or five percent (5%) of the value of the Work yet to be completed, whichever is less.

13.5 Provisions Remaining in Effect. Upon termination pursuant to this Article, the provisions of the Contract Documents remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of asbuilt drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date.

Article 14
Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code Section 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties.

14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be amended accordingly.

14.3 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will be effective unless it is in writing and signed by the party

Page 152 of 558 ends

2022 Sidewalk Repair Project GENERAL CONDITIONS
CSD2022-015 Page 52
Version: October 2018
waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by the waiving party.

14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.

14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due.

END OF GENERAL CONDITIONS

Page 153 of 558 ends

2022 Sidewalk Repair Project SPECIAL CONDITIONS
CSD2022-015 Page 1
Version: December 2016

SPECIAL CONDITIONS

1. Emergency Contact. Prior to the commencement of Work on the Project, Contractor must provide contact information to the City’s Project Manager for the person designated by Contractor to respond to any emergency that arises on the Worksite during the course of the Project. That person will be responsible for responding to the Worksite within thirty (30) minutes following notification of an emergency by City’s Police or Fire Department, regardless of the time of day.

2. Authorized Work Days and Hours.
(A) Authorized Work Days. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project on the following days of the week, excluding holidays observed by City:

Monday through Friday
(B) Authorized Work Hours. Except as expressly authorized in writing by City, Contractor is limited to performing Work on the Project during the following hours:
7:00 a.m. to 7:00 p.m

3. Right-of-Way. City will provide the right-of-way for performance of the Work. Contractor is solely responsible for any additional area required outside of the designated the right-of-way, unless otherwise provided in the Contract Documents.
(A) Environmental Control. Contractor must not pollute any drainage course or its tributary inlets with fuels, oils, bitumens, acids, insecticides, herbicides or other harmful materials. Contractor and its subcontractors must at all times in the performance of the Work comply with all applicable federal, state, and local laws and regulations concerning pollution of waterways.
(B) Sidewalk Closure. Contractor must coordinate sidewalk closure with the City staff. Sidewalks on both sides of the street should not be closed or blocked to pedestrian access at the same time.

4. Pre-Construction Meeting. Contractor will attend Pre-Construction meeting during which the City’s Project Manager will review the Contract administration procedures and project requirements.

Page 154 of 558 ends

2022 Sidewalk Repair Project SPECIAL CONDITIONS
CSD2022-015 Page 2
Version: December 2016

5. Contractor’s Construction Schedule. Project Manager will review Contractor’s construction schedules and will verify that each schedule is prepared in accordance with the requirements of the Contract Documents.

6. Warranty Bond. As a condition precedent to Final Payment, Contractor must provide a one (1) year Warranty Bond using the form included in the Contract Documents. The Bond Sum for the Warranty Bond shall be fifty (50%) of the final Contract Price, as defined in the General Conditions.

END OF SPECIAL CONDITIONS

Page 155 of 558 ends

TECHNICAL PROVISIONS

Page 1 of 12 ends

CITY OF MORGAN HILL
2022 SIDEWALK REPAIR AND REPLACEMENT PROJECT

TECHNICAL PROVISIONS
SCOPE OF WORK:

The Sidewalk Replacement Project will occur at multiple locations within Morgan Hill, CA 95037, and the Scope of Work is described as follows:
• Remove and replace damaged sidewalk totaling approximately 4,120 square feet and remove roots, that is, trees that have been removed prior to the sidewalks being opened up, root removal will be required by the sidewalk contractor.

GENERAL REQUIREMENTS:

1.01 ORDER OF WORK
a. Description: Order of work shall conform to the provisions in the CalTrans “Standard Specifications” (CSS) and these special provisions.

Upon scheduled date of the preconstruction meeting, contractor shall prepare and submit a detailed schedule to the City Project Manager for review and approval. In addition, contractor shall provide and deliver a notice (minimum of 48 hours prior to construction) to all affected residents. b. Measurement and Payment: Full compensation for conforming to the provisions in this section "Order of Work" shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.

1.02 MAINTAINING TRAFFIC
a. Description: Attention is directed to Sections 7-1.03, "Public Convenience”, 7-1.04, "Public Safety”, and 12, "Construction Area Traffic Control Devices”, of the Standard Specifications and to the provisions in "Public Safety" of these special provisions and these special provisions. Nothing in these special

Page 156 of 558 ends

TECHNICAL PROVISIONS

Page 2 of 12 ends

provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.04.

The Contractor may detour traffic in a route approved by the City Project Manager. Flaggers shall be provided at non-signalized intersections when traffic conditions warrant as determined by the City Project Manager. At least one lane of traffic shall be provided through the construction area during construction. Two lanes of traffic shall be provided through the project area during non-construction time.

Vehicular and pedestrian access to all properties shall be maintained at all times. Contractor shall place “no parking” signs as required in order to prevent the public from blocking the work. Contractor shall provide trench plates where necessary to accommodate access or provide other means of access. b. Measurement and Payment: Full compensation for conforming to the provisions in this section "Maintaining Traffic" shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.

1.03 PUBLIC SAFETY
a. Description: The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-1.04, "Public Safety”, of the Standard Specifications and these special provisions.

The Contractor shall install temporary railing (Type K) between a lane open to public traffic and an excavation, obstacle or storage area when the following conditions exist:

A. Excavations.—The near edge of the excavation is 12 feet or less from the edge of the lane, except:

1. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public.

2. Excavations less than one foot deep.

3. Trenches less than one foot wide for irrigation pipe or electrical conduit, or excavations less than one foot in diameter.

4. Excavations parallel to the lane for the purpose of pavement widening or reconstruction.

5. Excavations in side slopes, where the slope is steeper than 1:4 (vertical:horizontal).

6. Excavations protected by existing barrier or railing.

B. Temporarily Unprotected Permanent Obstacles.—The work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or the Contractor, for the Contractor's convenience and with permission of the City Project Manager,

Page 157 of 558 ends

TECHNICAL PROVISIONS

Page 3 of 12 ends

removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day.

C. Storage Areas.—Material or equipment is stored within 12 feet of the lane and the storage is not otherwise prohibited by the provisions of the Standard Specifications and these special provisions.

The approach end of temporary railing (Type K), installed in conformance with the provisions in this section "Public Safety" and in Section 7-1.04, "Public Safety," of the Standard Specifications, shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than one foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15 feet minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing.

Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Railing (Type K)," of the Standard Specifications. Temporary railing (Type K), conforming to the details shown on 1999 Standard Plan T3, may be used. Temporary railing (Type K) fabricated prior to January 1, 1993, and conforming to 1988 Standard Plan B11-30 may be used, provided the fabrication date is printed on the required Certificate of Compliance.

Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion Module" of these special provisions.

Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these special provisions:

Approach Speed of Public Traffic
(Posted Limit)
Work Areas
45 Miles Per Hour Within 6 feet of a traffic lane but not on a traffic lane
35 to 45 Miles Per Hour Within 3 feet of a traffic lane but not on a traffic lane
The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier.

When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the City Project Manager.

Page 158 of 558 ends

Morgan Hill City CouncilMarch 2, 2022

Morgan Hill City Council
March 2, 2022