Morgan Hill City Council
April 6, 2022

DocuSign Envelope ID: 7C1EF45F- CDB9-4FC2- 8064- 0C0F2AB1A336 as represented by CiTY, it shall immediately inform CITY and shall not proceed, except at SERVICE PROVIDER' S risk, until written instructions are received from CITY.

18. Time of Essence. Time is of the essence in the performance of this Agreement.

20. No Assignment. Neither this Agreement nor any portion shall be assigned by SERVICE PROVIDER, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void and, at CITY' s option, shall terminate this Agreement effective as of the date of such attempted assignment.

21. Attorney Fees. In any legal action, dispute or arbitration arising out of or relating to this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses incurred..

22. Defense and Indemnification.

22. 1. Defense and indemnification. SERVICE PROVIDER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless CITY, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers (" INDEMNITEES") from and against any and all claims, liabilities, expenses, liens, or damages of any nature, including liability for bodily injury, property damage or personal injury, and including reasonable attorneys' fees and expenses, that arise out of, pertain to, or relate to the performance of this Agreement or the failure to comply with any obligations contained in this Agreement by SERVICE PROVIDER, and/ or its agents, officers, employees, subcontractors, or independent contractors (" Ci_AIM").

22.2. Exceptions, SERVICE PROVIDER is not required to indemnify INDEMNITEES against liability for bodily injury, property damage or personal injury, or any other loss, damage or expense arising from the sole negligence or willful misconduct of _CITY.

22. 3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement applyto all CLAIMs alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount of indemnification or defense to be provided by SERVICE PRO3VIDER.

22. 4. Right to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER's failure to pay CITY promptly any indemnification arising under this Section 22) and any amount due CiTY from SERVICE i' ROVIDER arising from SERVICE PROVIDER' s failure either to ( i) pay taxes on amounts received pursuant to this Agreement or (li) comply with applicable workers' compensation laws,

22.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Cade Section 2778. It is expressly understood and agreed that the obligation of SERVICE PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the laws of the State of California and shall survive termination of this. Agreement.

23. Entire Agreement, Modification: Conflicting Provisions, This Agreement constitutes the entire Agreement between the Parties and supersedes any previous agreements, oral or written. This Agreement may be modified or provisions waived only by a subsequent mutual written agreement executed by CITY and SERVICE PROVIDER. if the provisions contained in the main body of this Agreement conflict with any provision contained in an exhibit to this Agreement, the provisions of the main body of this Agreement shall govern and control over any provision contained in an exhibit to this Agreement. 9 Updated. May 2019

DocuSign Envelope ID: 7C1EF45F- CDB9- 4FC2- 8064- OCOF2AB1A336

24. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of California. This Agreement was entered into and is to be performed in the County of Santa Clara.

Any action or dispute arising out of this Agreement shall only be brought in Santa Clara County,

26.. Interpretation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties including, but not limited to, California Civil Code § 1654, the provisions of which are hereby waived. This Agreement shall be construed and interpreted in a neutral manner.

26. Preservation of Agreement. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

27. Bindina Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives andlor other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representativesor other permitted assignees or transferees had entered into this Agreement originally. 11 f/
Signatures on Next Page]
10 Updated., May 2019

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DocuSign Envelope ID: 7C1EF45F- CDB9- 4FC2- BO64- OCOF2A61A336

EXHIBIT A

SCOPE OF SERVICES
Contractor will provide full-service, on- call door and gate repair services and administer the duties and responsibilities, in compliance with all ,applicable laws, regulations, policies and procedures.

Services to be performed include the furnishing of all labor, materials, tools, equipment, supplies, services, tasks and incidental and customary work necessary to competently perforin on-call door replacement and repair work at various City facilities and per Mork Hours ( see Attachment A).

The work will include the provision of a total maintenance and repair program consisting of a variety of tasks including, but not limited to, installing, replacing, and testing door and gate components and other related issues as they arise and are necessary to insure safe, well maintained doors and gates for City employees and the public. The scope and number of projects and tasks are unknown at the time of contract execution.

The Contractor shall leave work areas free of all dirt, litter, lubricants, or other materials utilized to perform door and gate maintenance.

The Contractor shall erect barricades, warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work. areas.

The Contractor shall respond to all non -emergency requests for repairs within four (4) hours. The Contractor shall respond to emergency requests for repairs within two (2) hours, 24 hours per day, 365 days per year, including holidays.

The Contractor is responsible for providing labor, supervision, materials, equipment, transportation, service and the shop facilities necessary to perform high quality work. Contractor will also be responsible for discarding all used materials.
2-1 SCOPE OF SERVICE: The Contractor shall provide full-service on-call door and gate maintenance and repair services to City Facilities as outlined in this document. Contractor shall retain professional personnel who have successfully and competently provided municipal facility door and gate maintenance and repair services on projects of similar scope and complexity. It shall be the Contractor' s responsibility to effectively repair and maintain, to the satisfaction of the City representative, all aspects of on- call door and gate repair services in City defined facilities with minimal downtime. All maintenance and repairs shall be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, shall meet warranties and be in conformance to all applicable laws, codes and regulations. The successful Contractor' s door and gate maintenance and repairs shall, at a minimum, include but not be limited to the specifications outlined herein.
2 SERVICES TO BE PROVIDED: It is the Contractor' s responsibility to provide an appropriate level of staffing and provide appropriate tools and vehicles necessary to support all facility door and gate maintenance and repair functions during hours of operation and for response after normal working hours. Contractor shall maintain the appropriate license and will comply with all other - license, insurance and permit requirements of the City, State and Federal governments, as well as all other requirements of the law.
12 Updated: May 2019

DocuSign Envelope ID: 7C1EF45F- CDB9- 4FC2- 8064- OCOF2AB1A336 2-3 WORK HOURS: Scheduled maintenance and repairs shall typically occur during normal business hours. Facility business hours are:

Aquatics Center is open weekdays from 5: 00 a. m. to 8: 00 P. m., Saturdays from 7: 00 a.m. to 12: 00 P. M. ( summer season to 6: 30 p.m.), and Sundays 11. 30 a. m. to 6: 30 p.m. ( summer season only).

Centennial Recreation Center is an active facility on Weekdays from 5: 00 a. m. to 10: 00 p.m., Saturdays from 6: 30 a.m. to 8:.00 p.m., and on Sundays from 8: 00 a.m. to 6:00 p.m.

City Fall is open Monday -Friday 8: 00 a. m. - 5 p.m.

Chambers Building is opera Monday -Friday 8; 00 a.m. - 5 p.m.

The Community and Cultural Center is open Monday -Friday 8: 00 a. m. 5 p.m.

Morgan Hill Community Playhouse- coordinate hours with Maintenance manager or Coordinator
The Outdoor Sports Complex - coordinate hours with Maintenance Manager or Coordinator The Police Department is open Monday -Friday 8 a. m. 5: 30 p.m.

The Public Works Corporation Yard is open Monday -Thursday 6: 30 a. m. 4:00 p. m. and Fridays from 6: 30 a. m. - 3: 00 p.m.

The Villas are open Monday -Friday 8: 00 a. m. - 5 p.m.

Community Park Restrooms are open seven days a week 6 a. m. to 10 p.m.

Galvan Park Restroom are open seven days a week 6 a.m. to 10 p.m.

EI Toro Fire Station is open 24 hours
Dunne Hill Fire Station is open 24 hours
2- 4 SERVICE AVAILABILITY: The contractor shall have trouble -call service available on a twentyfour hours a day, seven days a week basis with a response time not to exceed the following:

EMERGENCIES............................ two hour response time NON -EMERGENCIES .................. four hour response time Time to respond shall start when the City calls the problem into Contractor' s designated emergency phone number. Additionally, the contractor shall provide the ability to respond immediately to situations involving the health and safety of employees and/ or the public and the comfort and operational capability of any public meeting space.. Routine repairs, service requests or other non - urgent tasks shall be completed by journey level staff' within one ( 1) working day from the date of request by City Representative.

2.5 TROUBLE-CALL/REPAIR SERVICE Should the City request the contractor to matte unscheduled, emergency door replacement or repairs, the City shall be responsible for labor and travel costs associated therewith. The City reserves the right to contract with others for trouble calls and repairs.
2-6 BILLABLE WORK The Contractor shall not be paid for unnecessary repairs, for repairs that were not completed satisfactorily, for repairs that did not fix an identified problem, or for facility visits that are made by staff unqualified to complete needed repairs as determined by the City' s Maintenance Manager or Maintenance Coordinator.

2. 7 STAFFING, WORKMANSHIP AND QUALITY LEVEL The Contractor shall provide a staffing level to perform on-call door and gate maintenance and repair services at designated City facilities in a thorough and professional manner, so that the City is provided with reliable and high duality maintenance at all times. The Contractor shall possess and maintain a C- 6110- 28 Doors, Gates and Activating Devices Contractor license by the State of California Contractors Licensing Board 13 Updated: May 2019

DocuSign Envelope ID: 7C1EF45F- CDB9- 4FC2- 8064- OCOF2AB1A336 through the term of the contract. All personnel performing work under this Contract shad possess and maintain a state journeyman certification and be directly employed and supervised by the Contractor. Any assigned apprentice shall work directly under the supervision of a qualified journeyman. The Contractor shall provide management and technical supervision through competent supervisors as required. The Contractor shall be responsible for the skills, methods and actions of all employees, subcontractors and for all work done. 2-8 MAINTENANCE AND REPAIR LOCATIONS See Attachment A
2- 9 TOOLS ANIS EQUIPMENT The Contractor shall furnish and maintain all equipment necessary for properly servicing and maintaining doors and gates in City buildings. The City of Morgan Hill reserves the right to inspect equipment to be used to perform services under this contract. Any equipment determined to be in poor condition must be replaced immediately, at the contractor' s expense. Failure to provide suitable equipment for carrying out all requirements of this contract may be grounds for termination.
2- 10 PARTS AND MATERIALS The Contractor shall furnish all parts and materials necessary for properly maintaining and repairing doors and gates in City buildings. 2- 11 INSPECTIONS AND REMEDIES So as to ensure consistent quality of the work being performed, the City Representative will perform periodic inspections of doors and gates to ensure compliance with the contract specifications. Inspections may be made by the City at any time to confirm that work performed meets specifications. If corrective work is required, the City will provide a written list of items and the Contractor shall correct deficiencies as directed. if deficiencies are not corrected in a timely manner, the City may perform the work using others and deduct the cost from the Contractor' s payment. 2- 12 DAMAGES The Contractor will be responsible for all damages to the facility or contents caused by Contractor, their staff or subcontractors during the performance of their duties. 2- 13 SAFETY & SECURITY The Contractor and staff shall follow all established safety procedures and shall take special care not to endanger the public in any way. The Contractor is responsible for the security of all doors at the conclusion of work in each room. All exterior doors should remain locked at all times. Interior doors that are found open or unlocked shall be left in the same position/condition in which they were found.
2-14 EMERGENCY SITUATIONS For medical or public safety emergencies occurring at the Facilities call 9- 1- 1. For all building maintenance emergencies (rater leaks, etc.) contact the Maintenance Manager or designated staff to report the issue immediately ( 24-hours/ day). 14 Updated, May 2019

DocuSign Envelope ID: 7C1EF45F- CDB9- 4FC2- B064- OCOF2AB1A336

ATTACHMENT A

MUNICIPAL FACILITIES LOCATIONS
DOOR ARID GATES TO BE MAINTAINED AT THESE LOCATIONS:

BUILDING/ FACILITY
Aquatics Center ( office area)
Centennial Recreation Center
City Hall
Community & Cultural Center & Playhouse
Community Garden
Chambers Building
Boys and Girls Club
Outdoor Sports Center
Police Department
Public Works Corporation Yard
The Villas
Dunne Hill Fire Station
EI Toro Fire Station
All other parks and City -owned properties

ADDRESS SQUARE FOOTAGE
16200 Condit Road 5, 294
171 W. Edmundson Ave. 25,135
17575 Peak Ave. 13,900
17000 Monterey Road 20, 500; 5, 000
15690 Railroad Avenue
17555 Peak Avenue 12,104
17666 Crest Avenue 3, 168
16500 Condit Road 2, 800
16200 Vineyard Boulevard 43,286
100 Edes Court 4,583
535 Alkire Avenue 41, 500
2100 East Dunne Avenue
18300 Old Monterey Road
15 Updated: May 2019

DocuSign Envelope ID: 7C1EF45F- CDB9- 4FC2- B064- OCOF2AB1A336

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
Pricing applies to the period from July 1, 2419 to June 30, 2021.

The hourly rate is $85 per hour. If the contract is renewed, a 3% costs escalation will automatically be applied for each subsequent year beginning on ,July 1, 2021.

Mark- up on parts and materials may not exceed 10% of Contractor's cost.

Invoices must identify the work performed, cost of labor, parts/materials used, parts/materials cost, and parts/ materials mark- up cost.
16 Updated: May 2019

DocuSign Envelope ID: 7C1EF45F- CDB9- 4FC2- BO64- OCOF2AB1A336

EXHIBIT C

SCHEDULE OF PERFORMANCE
The Contractor shall respond to non -emergency requests for repairs within four (4) hours. After hours repair calls mill be responded to within four (4) hours of opening for regular buisness hours of the next business day.

The Contractor shall respond to all emergency requests for repairs within two (2) hours. 17 Updated- May 2019

9 CITY COUNCIL STAFF REPORT
MEETING DATE: April 6, 2022
PREPARED BY:

Inga Alonzo, Management Analyst
APPROVED BY: City Manager

APPROVE FIRST AMENDMENT TO AGREEMENT WITH TESCO
CONTROLS, INC. FOR SCADA HARDWARE PURCHASE

RECOMMENDATION(S)
Authorize the City Manager to execute a first amendment to the agreement with Tesco Controls, Inc. for SCADA hardware for a total contract amount of $217,190.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
Guiding Documents
Water System Master Plan
Wastewater System Master Plan
REPORT NARRATIVE:

On November 3, 2021, City Council approved an agreement with Tesco Controls to upgrade and implement technology improvements to the Supervisory Control Data Acquisition (SCADA) system which remotely supports and monitors the City’s water and wastewater facilities. Part of the agreement was to determine the hardware (servers) needed to meet the needs of the City’s SCADA system. Tesco has determined what hardware is needed and the list is attached as Exhibit D in the amendment to the agreement.

The City’s IT Director has reviewed the list and is recommending the equipment be procured by the Consultant, Tesco, to ensure both hardware and software systems are fully supported for our critical infrastructure by Tesco. Additionally, with supply chain challenges, if a part needs to be substituted, Tesco's expertise in SCADA systems would allow for the potential use of replacement components based on availability. This

9 will ensure the project schedule and avoids costly delays. Tesco is further recommended, due to their familiarity with this critical infrastructure and the responsive, professional service they have provided to the City over the past eighteen years the SCADA system has been in operation.

COMMUNITY ENGAGEMENT:

Not Applicable
Ongoing maintenance of the City’s water and wastewater infrastructure is an expected service provided by the City.

ALTERNATIVE ACTIONS:

The Council could elect to instruct staff to prepare a request for bids for the hardware.

This will delay the SCADA system upgrades and is not recommended. The Municipal Code notes that “the City Council finds and declares that the competitive bid process is ill-suited for the selection of consultants,” which is accurate in this case. A competitive process would create unnecessary risks to system operations and time delays.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council has previously awarded Tesco Controls a contract for purchase and implementation of the SCADA system on June 18, 2003. Subsequently on December 17, 2008, and October 16, 2013, City Council awarded Tesco a contract for SCADA system integration services. Most recently, City Council approved Tesco to do SCADA integration services on November 3, 2021.

FISCAL AND RESOURCE IMPACT:

The funding for the hardware for SCADA upgrades will be 60% from computer equipment for water enterprise funds and 40% from computer equipment for wastewater enterprise funds. There are adequate savings in the funds overall to cover this purchase without a budget increase.

CEQA (California Environmental Quality Act):

Categorical Exemption
This project is Categorically Exempt pursuant to Section 15301 of CEQA Guidelines, Class 1 Existing Facilities, because the work to be performed is implementation and upgrade of existing water and wastewater infrastructure involving no expansion of existing use.

10 CITY COUNCIL STAFF REPORT
MEETING DATE: April 6, 2022
PREPARED BY:

Kim Mancera, Municipal Services Assistant
APPROVED BY: City Manager
APPROVE THE MARCH 16, 2022 CITY COUNCIL MEETING MINUTES

RECOMMENDATION(S)
Approve the March 16, 2022 City Council Meeting Minutes.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
REPORT NARRATIVE:

COMMUNITY ENGAGEMENT:

ALTERNATIVE ACTIONS:

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

FISCAL AND RESOURCE IMPACT:

CEQA (California Environmental Quality Act):

Meeting Minutes
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 16, 2022 7:00 PM
Virtual Meeting
Link to join the meeting can be found below

CALL TO ORDER
Mayor Constantine called the City Council meeting to order at 7:01 p.m.

ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.

PRESENT Rich Constantine, Rene Spring, Gino Borgioli, John McKay, Yvonne Martinez Beltran
ABSENT None

DECLARATION OF POSTING AGENDA
Per Government Code Section 54954.2
City Clerk Michelle Bigelow declared the posting of the agenda.

REGULAR MEETING
7:00 P.M.

PROCLAMATIONS
Proclaiming the month of March 2022 as American Red Cross Month

March 16, 2022
2 PRESENTATIONS
YAC Presentation - Asset #3 - Other Adult Relationships

CITY COUNCIL REPORTS
Council Member Martinez Beltran shared that she is excited to celebrate Women's History Month. She had the honor of sharing and learned some insight from her San Jose colleges. It was awesome to meet with some of the younger women in this class. She also wanted to remind everyone about the AAUW Wildflower Run at Live Oak on Sunday, March 29th. Yvonne thanked all the women in our organization that lead and run this City for their contributions and all they do. She was elected to the SVCE executive board last month. Had a great visit for their Slate Project which is a solar battery storage project.

This project will bring 257,907 megawatt hours onto the grid, enough to bring clear energy for a year to the City of Morgan Hill and residents. This is the largest solar battery project in California and the second largest in the nation. SVCE approved 3 million in customer relief to income qualified customers and will have 17 million added to our programs’ budget to support emissions reductions. Yvonne is on the Latino Caucus Board for Cal Cities and as a Legislative Chair they had a lobbying 101 webinar. They are providing a Gavilan College Scholarship from the Latino Caucus this year and there will be more to come on that. She had a meeting for the South County Youth Taskforce. There is a Santa Clara County District Attorney Justice For All poster award contest happening. First prize is $1,500, second $1,000 and third $500. It’s called What is the Face of Pentenyl. The unhoused count was at 5:30am last month and she thanked staff for joining in that. She also thanked the family of Ann Sobrato student Ryan Last, who lost his life last month, for bravely sharing Ryan’s story to protect our kids from cyber bullying. Ryan fell victim to a worldwide scam that makes muti-millions of dollars by blackmailing children and befriending them on social media and then threatening to expose them if they don’t pay money, specifically targeting 16–17-year-olds. Morgan Hill School District is partnering with Internet Crimes Against Children to bring the vigilant parent initiative to our schools, a program designed to educate parents on the dangers of the internet. More information is available through the schools.

March 16, 2022
3 CITY MANAGER'S REPORT
City Manager Christina Turner introduced Morgan Hill's new Fire Chief, George Huang. It is very exciting to have our new fire chief with us. He started his fire service with Cal Fire in 2002 as a Firefighter 1 with the San Luis Obispo unit. In 2020 he was promoted to Assistant Chief of Administration in the Santa Clara Unit. He has served for 12 years on different incident management teams as a qualified type one finance section chief, a type one safety officer and most recently appointed as the incident commander for Cal Fire Incident Management team one. He is also a certified state Fire Marshall instructor for multiple courses. Chief Hess has been promoted and we are very sad to see him go, but very excited to have Chief Huang join us. A community member brought in a photo of the gathering that was held at the outdoor amphitheater downtown from the recognition event for Ukraine. This will be hanging up at City Hall and thanked the community member for providing this. She invited the community to join us for our next town hall. Our first budget town hall will be this month on March 24th. In addition to talking about the operating as well as the capital budget we will have an opportunity to discuss water rates and our water rate study. We will also be starting up our City booths at the farmers market and sidewalk Saturdays on April 9th. They will be held on the second Saturdays of the month located in front of Coffee Guys. There are a couple of seats available on our Parks & Recreation Commission as well as the Library, Culture and Arts Commission. Check our website for more information. Our Cadet Ambassador program is back up and running at the end of this month. They will be in downtown Thursday through Saturday in the evenings.

CITY ATTORNEY'S REPORT
None.

OTHER REPORTS
None.

PUBLIC COMMENT
Public comment opened at 7:35 p.m. There being no requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Council Member Martinez Beltran

March 16, 2022
4 AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None

CONSENT CALENDAR
MOTION:

Approving consent calendar items 1 through 7.

RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Council Member Spring
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None

1. ACCEPT GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) 2021
Recommendation:

Accept the 2021 General Plan and Housing Element Annual Progress Report (APR) and direct staff to file the report with the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).

2. ADOPT ORDINANCE NO. 2329, NEW SERIES, PERMANENTLY ADOPTING AND RATIFYING ORDINANCE NUMBER 2320 PREVIOUSLY ADOPTED AS AN URGENCY ORDINANCE ADDING SECTION 18.76.140 (" MAXIMUM DOCK HIGH DOOR RATIO") TO CHAPTER 18.76 PERFORMANCE STANDARDS") AND AMENDING SECTIONS 18.124.050 ("INDUSTRIAL USES") OF CHAPTER

18.124 (" LAND USE DEFINITIONS") AND 18.128.020 (“DEFINITIONS") OF CHAPTER 18.128 ("GENERAL TERMS") OF TITLE 18 ("ZONING") OF THE

MORGAN HILL MUNICIPAL CODE TO CREATE A MAXIMUM DOCK - HIGH -

DOOR RATIO FOR CERTAIN STRUCTURES AND TO ADD DEFINITIONS Recommendation:

Waive the reading, adopt Ordinance No. 2329, New Series, and declare that said

March 16, 2022
5 title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

3. ADOPT RESOLUTION DETERMINING THAT CONDUCTION OF IN-PERSON

MEETINGS WOULD PRESENT A PUBLIC HEALTH RISK AND CONTINUING

TELECONFERENCE MEETINGS
Recommendation:

Adopt resolution to continue holding City Council and commission meetings by teleconference.

4. ADOPT RESOLUTION AUTHORIZING THE DISPLAY OF THE NATIONAL FLAG

OF UKRAINE AT CITY FACILITIES IN SUPPORT OF THE LEADERS AND

PEOPLE OF UKRAINE
Recommendation:

Adopt resolution authorizing the display of the national flag of Ukraine at the Community and Cultural Center, Centennial Recreation Center, and City Hall from March 19 to April 19, 2022, to support the leaders and people of Ukraine.

5. APPROVE MITIGATED NEGATIVE DECLARATION FOR THE FISHER CREEK

DETENTION BASIN EXPANSION PROJECT
Recommendation:

Approve and certify the project Mitigated Negative Declaration.

6. APPROVE THE MARCH 2, 2022 SPECIAL/REGULAR CITY COUNCIL MEETING

MINUTES
Recommendation:

Approve the March 2, 2022 Special/Regular City Council Meeting Minutes.

7. REAPPOINTMENT OF TWO (2) COMMISSIONERS ON THE LIBRARY, CULTURE, AND ARTS COMMISSION (LCAC) AND TWO (2) COMMISSIONERS

ON THE PARKS AND RECREATION COMMISSION (PRC) AND RECRUITMENT

TO FILL VACANCIES ON THE TWO COMMISSIONS
Recommendation:

1. Reappointment of Commissioners Emily Borchers and Patrice Lyn to the Library, Culture, and Arts Commission with terms ending April 1, 2026;

2. Reappointment of Commissioners Craig van Keulen and Maureen GrzanPieracci to the Parks and Recreation Commission with terms ending April 1, 2026;

3. Extending the terms of Commissioners Neil Berman and Ron Locicero until such time that their seats can be filled; and

4. Direct staff to commence recruitment efforts to fill the one (1) vacancy on the LCAC and the two (2) vacancies on the PRC.

March 16, 2022
6 PUBLIC HEARINGS

8. ADOPT INDUSTRIAL PRESERVATION AND OPTIMIZATION POLICY Recommendation:

Adopt an Industrial Land Preservation and Optimization Policy Estimated Time: 30 Minutes
Economic Development Director Matt Mahood provided the report and presentation for items 8 and 9 together.

The public hearing opened at 8:37 p.m. There being no requests to speak, the public hearing closed.

MOTION:

Approving the recommended action including a statement that the intention is to protect employment lands including both industrial and commercial lands.

RESULT: Passed
MOVER: Council Member McKay
SECONDER: Mayor Pro Tem Borgioli
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None

9. 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
The public hearing opened at 8:58 p.m. The following people were called to speak:

March 16, 2022
7 Nick Gaich
Munjal Shah
Hiral Khatri
Jai Singh
Debbie McConnell
There being no further requests to speak, the public hearing closed.

MOTION:

Waive the first and second reading of the ordinance approving the planning recommendation to include home improvement and staff's hybrid recommendation about medical offices.

RESULT: Failed
MOVER: Council Member Martinez Beltran
SECONDER: None
AYES:

NAYS:

ABSTAIN:

ABSENT:

MOTION:

Waiving the first and second reading of the ordinance including the following language; Medical Office and Clinics – IL, CI, IO, IC Zones; 5,000 square feet or less - Permitted by right, 5,001 - 20,000 square feet - Administrative Use Permit, and 20,001 square feet or more - Conditional Use Permit.

RESULT: Passed
MOVER: Council Member Spring
SECONDER: Mayor Pro Tem Borgioli
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None
MOTION:

Introducing the ordinance as amended by the previous motion.

RESULT: Passed
MOVER: Council Member Spring

March 16, 2022
8 SECONDER: Council Member Martinez Beltran
AYES: Mayor Constantine, Council Member Spring, Mayor Pro Tem Borgioli, Council Member McKay, Council Member Martinez Beltran
NAYS: None
ABSTAIN: None
ABSENT: None

OTHER BUSINESS

10. MONTHLY BUDGET UPDATE AND JANUARY 2022 FINANCIAL AND

INVESTMENT REPORTS
Recommendation:

Accept and file report.

Estimated Time: 10 Minutes
Finance Director Dat Nguyen provided the report and presentation.

Public Comment opened at 9:39 p.m. There being no requests to speak, public comment closed.

Report received.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Martinez Beltran requested that the commercial workplan be moved up and requested staff identify which commercial sites can be identified for industrial use.

ADJOURNMENT
There being no further business, Mayor Constantine adjourned the meeting at 9:40 p.m. in honor of Ryan Last, who lost his life to cyberbullying.

Minutes Prepared by:

Michelle Bigelow, City Clerk

11 CITY COUNCIL STAFF REPORT
MEETING DATE: April 6, 2022
PREPARED BY:

Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager
AWARD 2022 PARKING LOT SEAL COAT PROJECT

RECOMMENDATION(S)

1. Award contract to Silicon Valley Paving, Inc. in the amount of $78,148;

2. Authorize the expenditure of contingency funds not to exceed $7,814; and

3. Authorize City Manager to execute and administer that certain construction contract with Silicon Valley Paving, Inc.

Estimated Time:

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Maintaining and Enhancing Infrastructure
2022-2023 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 Community Service Department's 2022 Parking Lot Seal Coat Project. The scope of work for the 2022 Parking Lot Seal Coat Project will include asphalt pavement seal coating and associated striping at the following parking lots: Galvan Park and Go Kids, Community Christian Offices, Nordstrom Park, City of Morgan Hill Corporation Yard, Paradise Park, and City of Morgan Hill Council Chamber Building.

In soliciting bids for this project, the City contacted licensed contractors on the City's Bidders' list with the following Contractor's State Licensing Board classifications: Class A-General Engineering, C-12 Earthwork and Paving, or C-32 Parking and Highway Improvements. The bid documents were also posted on the City of Morgan Hill website,

11 two online bid services, Public Purchase and Online Plan Service, as well as the County of Santa Clara Builders Exchange.

The informal bid opening was held online via a Zoom meeting on March 8, 2022 and eight bids were received.

Bidder Bid Amount
Silicon Valley Paving, Inc. $78,147.38
Dryco Construction, Inc. $80,283.35
Graham Contractors, Inc. $87,402.62
Always Paving, Inc. $89,738.00
American Asphalt Repair
and Resurfacing Co.
$103,444.15
Asphalt Surfacing, Inc. $105,041.00
Atlantis Paving and Grading $121,610.00
Galeb Paving, Inc. $186,844.22
Silicon Valley Paving, Inc. submitted the lowest bid of $78,147.38. Per the attached informal bid documents, the City is awarding this contract based on the lowest bid of $78,147.38.

Silicon Valley Paving, Inc. has 25 years of substantial experience in the pavement resurfacing business. Staff recommends the award of this contract to Silicon Valley Paving, Inc. for $78,148. Staff also recommends a 10% contingency of $7,814 for a total construction authorization of $85,962.

The project is anticipated to begin construction in April and is expected to take not more than 45 calendar days from the commencement of construction.

COMMUNITY ENGAGEMENT:

Inform
The Contractor is required to post signs informing the public of the dates and times of work at least three (3) days prior to the commencement of work. In addition, the City will include information about the planned project in the 411 and The Scoop.

ALTERNATIVE ACTIONS:

An alternative action would be to not approve the project or to delay the work.

11 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

While the City Council has not previously taken action on this particular item, conducting parking lot seal coat paving projects is an ongoing public safety activity and the Council has approved numerous contracts for parking lot seal coat paving projects with the most recent award in September 2018. Due to smaller scopes of work, the contracts for the years between 2019 and 2021 were below the $60,000 contract threshold amount requiring City Council approval. The scope of work is planned on a rotational basis with different lots and trails receiving treatments each year.

FISCAL AND RESOURCE IMPACT:

The authorized amount for this contract is $78,148, and a 10% contingency of $7,814 for a total authorization of $85,962. This project is budgeted in Fund 741 - Building Replacement.

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 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.

SPECIFICATION and CONTRACT DOCUMENTS
FOR
2022 PARKING LOT(S) SEAL COAT PROJECT

MORGAN HILL, CALIFORNIA

COMMUNITY SERVICES DEPARTMENT
Bids Due:

Tuesday, March 8, 2022 at 11:00 a.m.

Via e-mail to [email protected]
Non-Mandatory, Virtual Pre-Bid Meeting:

Tuesday, February 15, 2022 at 9:30 a.m.

Pre-register at:
https://bit.ly/2022SealCoat
Virtual Bid Opening:

Tuesday, March 8th at 11:00 a.m.

Pre-register at:
https://bit.ly/SealCoatBidOpening
January 2022

2022 Parking Lot Seal Coat Project NOTICE INVITING INFORMAL BIDS CSD2022-016 Page 1
Version: December 2016

NOTICE INVITING INFORMAL BIDS

1. Bid Acceptance. The City of Morgan Hill (“City”), will accept electronic PDF bids for its 2022 Parking Lot Seal Coat Project (“Project”), by or before Tuesday, March 8, 2022, at 11:00 a.m., via e-mail to
[email protected] , at which time the bids will be publicly opened and read aloud.

2. Project Information.

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

The application of seal coat and restriping at the parking lots located at:
• Galvan Park and Go Kids, 17666 Crest Avenue
• Community Christian Offices, 17620 Crest Avenue
• Nordstrom Park, East Dunne Avenue and Murphy Avenue
• City of Morgan Hill Corporation Yard, 100 Edes Court
• Paradise Park, La Crosse Drive and Calle Enrique
• City of Morgan Hill Council Chamber Bldg., 17575 Peak Avenue

2.2 Time for Completion. The planned timeframe for commencement and completion of construction of the Project is April 2022 through May 2022.

3. License and Registration Requirements.

3.1 License. This Project requires a valid California contractor’s license in one of the following classification(s): A: (General Engineering Contractor), C-12: (Earthwork and Paving), C-32: (Parking and Highway Improvement).

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 specifications, bid and contract documents for the Project (“Contract Documents”) may be obtained at no charge from www.publicpurchase.com or the City of Morgan Hill website http://www.morgan-hill.ca.gov/bids.aspx

2022 Parking Lot Seal Coat Project NOTICE INVITING INFORMAL BIDS CSD2022-016 Page 2
Version: December 2016

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.

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.

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Version: December 2016

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) 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 Virtual Bidders’ Conference. A non-mandatory virtual bidders’ conference will be held on Tuesday, February 15, 2022 at 9:30 a.m., via a Zoom meeting. Please pre-register at the following link:
https://bit.ly/2022SealCoat 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: January 21, 2022 Publication Dates: 1) January 28, 2022

END OF NOTICE INVITING INFORMAL BIDS

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 1
Version: October 2017

INSTRUCTIONS TO BIDDERS
Each Bid Proposal submitted to the City of Morgan Hill (“City”) for its 2022 Parking Lot Seal Coat 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 signed, sealed and submitted to City, 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. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. City reserves the right to postpone the date 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 Parking Lot Seal Coat Project (“Project”), by or before Tuesday, March 8, 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/SealCoatBidOpening Please pre-register at the link.

Bids must be received by the City staff’s e-mail inbox no later than 11:00 a.m. on March 8, 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.

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 2
Version: October 2017

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 Tuesday, February 22, 2022 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. It is the bidder’s responsibility to check for issued addenda on the City website or www.publicpurchase.com prior to submitting a bid.

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 Project Manager 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 in ink 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

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below, and by the completed Subcontractor List, and Non-Collusion Declaration using the forms included in the Contract Documents.

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 nonresponsive. 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

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 4
Version: October 2017
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.

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 City 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.

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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 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 one of the classification(s) required by law to perform the Work. A: (General Engineering Contractor), C-12:
(Earthwork and Paving), C-32: (Parking and Highway Improvement)

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

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 6
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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 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

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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.

23. Non-Mandatory Virtual Bidders’ Conference. A non-mandatory virtual bidders’ conference will be held on Tuesday, February 15, 2022 at 9:30 a.m., via a Zoom meeting. Please pre-register at the following link:
https://bit.ly/2022SealCoat The purpose of the conference is to acquaint all prospective bidders with the Contract Documents and the Work. The bidders’ conference is not mandatory.

24. 2022 Seal Coat Project: Scope of Work and Technical Specifications

SCOPE OF WORK
Furnish all labor, equipment, materials, and performance of operation in connection with the application of Asphalt Pavement Coating, including but not limited to:
• Remove and sterilize any incidental vegetation
• Repair cracks with hot applied product(s)
• Patch low areas and failed pavement
• Clean pavement surface
• Application of bond coat (if required)
• Application of under sealer coat with 2 lb- 30 mesh sand/ gal sealer • Application of top sealer coat; no granular or aggregate additives • Re-striping to match existing

MATERIALS
Asphalt Pavement Coating will meet the following specifications or approved alternative:

Pavement coating shall be composed of a refined petroleum asphalt emulsion, fillers, and fibers such as Overkote manufactured by Reed and Graham, Inc., or approved equal. Screenings shall be of 30 mesh blast sand composed of clean, hard, durable, uncoated particles free of clay or organic matters. Sealer shall be mixed to a uniform, free-flowing consistency. Water shall be added to obtain a semi-fluid consistency. The amount of water added shall not exceed fifteen percent (15%) by volume. Contractor shall remove all weeds and vegetation growing through the pavement surface to be sealed. All surface cracks one-half inch (1/2") or wider in width shall be cleaned and filled with asphalt concrete.

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Cracks one-eighth inch (1/8") to one-half inch (1/2") wide shall be cleaned and filled with crack filler. Cracks that are smaller than one-eighth inch (1/8") in width shall be cleaned and filled with multiple coats of sealer. Remove oil and grease deposits by scraping, burning or the use of detergent. When detergent is used, the pavement shall be thoroughly rinsed with water. After the oil or grease deposits are removed, the areas shall be sealed with oil-spot sealant prior to seal coat application. A tack coat consisting of one part emulsified asphalt binder (SS-1h) and four parts water shall be uniformly applied over the entire pavement surface at the rate of 0.05 to 0.10 gallon per square yard. Sweep out any "pools" of wet binder remaining in depressions. Allow the tack coat to dry before applying seal coat. No seal coating work shall be performed when the ambient temperature is below 55°F or above 110°F or within 24 hours prior to or during rainfall. Sealer shall be applied in continuous parallel lines and spread immediately by use of rubber face squeegees or power spreader. Pavement surface to be sealed shall receive two coats of sealer.

A primary seal coat application of a minimum thirty (30) gallons of undiluted sealer per one thousand (1,000) square feet of area shall be done to smooth out the rough surface. The surface after this primary application shall be uniformly smooth and show no evidence of coarse or uneven texture. As soon as the primary application is dry to the touch and will not scuff when walked on, another application shall be made. After the second application, the surface shall be allowed at least twenty-four (24) hours for complete curing. The Contractor shall protect all manhole and valve covers from seal coat by oiling or masking.

SURFACE PREPARATION
• Damaged asphalt and areas completely saturated by oil or grease shall be removed and replaced or repaired as required.
• All weed or other vegetation growing through the asphaltic concrete shall be removed and sprayed with a suitable chemical sterilant in accordance with the City of Morgan Hill’s Integrated Pest Management Plan for Facilities, Parks, Streets and Public Open Space.
• Thoroughly clean all cracks of foreign matter. Cracks 1/8” to a maximum of 1/2” in width should be cleaned and filled with crack filler, per manufacturer’s recommendations. Cracks wider than 1/2” should be repaired with asphaltic concrete. Allow crack filler to cure prior to sealing.

All cracks under 1/8” should be filled with multiple coats of sealer. • The surface must be free of all foreign material, such as sand, dust, clay and grease, which might adversely affect bonding of the sealer. High pressure air blowers, vacuums or sweepers shall be used to remove these objectionable materials. Where there are deposits of grease and oil, these areas mush be cleaned by scraping, burning and/or the use of a

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 9
Version: October 2017
detergent. Trisodium Phosphate and a still brush should be used to scrub area clean. When detergents are used, the pavement shall be thoroughly rinsed with water, maintaining all environmental controls to assure no intrusion to storm systems or waterways. After cleaning and removing grease and oil spots, seal areas with oil spot sealant.

BOND COAT (if required*)
• A tack coat consisting of one (1) part emulsified asphalt binder (SS-1h) and four (4) parts water, shall be uniformly applied over the entire surface at the rate of .05 to .10 gallon per square yard. Sweep out any “pools” of wet binder remaining in the depressions. Allow to dry before applying sealer. *A bond coat is recommended in any case where the bond between the asphalt pavement and sealer may be questionable.

EQUIPMENT
• Mixing or agitating equipment furnished shall be a tank-type power mixer with a round bottom and equipped with a power driven mixer of sufficient capacity to maintain the mineral content in complete suspension.
• The mixture shall be applied by the combined or individual use of rubber faced squeegees and/or mechanized material spreading equipment or other suitable method approved by the inspector.

APPLICATION PROCEDURES
• Sealer shall be mixed to a uniform free-flowing consistency. Water shall be added (not to exceed 15% by volume) to obtain a semi-fluid consistency.
• Prior to the first application of sealer in extremely hot weather, dampen the surface with water. Remove any excess water to leave the surface only slightly damp.
• Sealer should be applied to the area in continuous parallel lines and spread immediately by use of rubber faced squeegees and/or mechanized material spreading equipment.

APPLICATION – NEW PAVEMENT OR OLD PAVEMENT WITH ONLY

MINOR VOIDS
• First application – to each gallon of Sealer should be added 2 lbs of 30 mesh sand. Water shall be added to obtain a semi-fluid consistency.

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 10
Version: October 2017
• Subsequent application – Final application will be made using a minimum of 40 gallons of undiluted sealer per 1,000 square feet of area. The surface will be smooth and uniform, showing no evidence of course or uneven texture.

GENERAL
• Asphalt should be fully cured before application (new pavement – allow at least 30 days before application)
• Weather limitation – No part of the construction involving the application of sealer shall take place during or just prior to rainfall or freezing temperatures. Air temperature shall be at least 55OF and rising, or as per manufacturers recommendations. Do not apply if rain is forecast within 48 hours after application.
• Curing time – As per manufacturer’s specs, generally as soon as application is dry to the touch and won’t scuff under normal walking another application may be made.
• Contractor will supply the City of Morgan Hill with scale tags for the project with the following information: Product, Project Name, Gallons/Tons supplied to the project.
• Contractor will supply all MSDS (or MDS) for all materials used on the project.

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 11
Version: October 2017

PROJECT AREAS AND ESTIMATED QUANTITIES
All quantities are estimates. It is the contractor’s sole responsibility to ensure accuracy by verifying field measurements for accurate bidding. #1 Galvan Park and Go Kids Parking Lot-17666 Crest Avenue Description of
Bid Item
Approximate
Quantity/Unit of
Measure
Mobilization LS
Seal Coat of parking lots 57,025 SF
4” white lines (110 ea @ 18’) 2052 LF
4” blue lines (4 ea @ 18’) 72 LF
Main Lot - Hashed Walkways 4” white 571 LF
Back Lot – White Hash 136 LF
Back Lot – Blue Lines 166 LF
Back Lot – “NO PARKING” Stencil 12” 1 EA
ADA Symbol 3 EA
Arrows (2 left, 1 right, 16 straight) 19 EA
Crack sealing 100 LF
Supplemental Work LS

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 12
Version: October 2017
#2 Community Christian Offices Parking Lot -17620 Crest Avenue Description of
Bid Item
Approximate
Quantity/Unit of Measure
Mobilization LS
Seal Coat of parking lots 2,925 SF
4” white lines (3 ea @ 18’) 54 LF
4” blue lines (Outlined Hash Area) 27 LF
Hashed Area 4” white 40 LF
“NO PARKING” Stencil 12” 1 EA
ADA Symbol 1 EA
Supplemental Work LS

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 13
Version: October 2017
#3 Nordstrom Park Parking Lot – East Dunne Avenue and Murphy Avenue Description of
Bid Item
Approximate
Quantity/Unit of Measure
Mobilization LS
Seal Coat of parking lots 3,080 SF
4” white lines (4 ea @ 15’) 60 LF
4” blue lines (1 ea @ 15’) 18 LF
9’ X 10’ Blue Border (2 sides) 19 LF
9’ X 12’ 4” Hash Lines 21
ADA Symbol 1
12” ‘NO PARKING” Stencil 1
6’ X 3’ Arrow 2
Crack sealing 100 LF
Supplemental Work LS

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 14
Version: October 2017
#4 City Corporation Yard Parking Lot- 100 Edes Court
Description of
Bid Item
Approximate
Quantity/Unit of Measure
Mobilization LS
Seal Coat of parking lots 55,550 SF
4” white lines (Varied Sizes) 1533 LF
Hash Area near Chemical Shed (white) 138 LF
Outline Near Paint Shed (white) 33 LF
“ELECTRIC VEHICLE PARKING” 10” Stencil (white) 1 EA
Front Parking Lot – 2 Hash areas and outlines (white) 182 LF Front Parking Lot – Hash Outline (blue) 37 LF
ADA Symbol (Front Parking Lot) 1 EA
10” “VISITOR PARKING” Stencil (white) 2 EA
Delineator lines, 4” white near Streets Shed, East Exit gate and gate controller 26 LF
Crack sealing 100 LF
Supplemental Work LS

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 15
Version: October 2017
#5 Paradise Park Parking Lot-LaCrosse Drive at Calle Enrique Description of
Bid Item
Approximate
Quantity/Unit of Measure
Mobilization LS
Seal Coat of parking lots 6,250 SF
4” Angle Parking Lines (white) 172 LF
4” Straight Parking Lines (white) 17.5 LF
4” Straight Parking Lines 17.5 LF
Parallel Parking Lines (“L” & “T”) (white) 50 LF
8’ X 18’ Hash area lines (white) 47 LF
8’ X 18’ Hash area Outline (blue) 26 LF
ADA Symbol (Front Parking Lot) 2 EA
10’ Straight Arrow 4 EA
Crack sealing 100 LF
Supplemental Work LS

2022 Parking Lot Seal Coat Project INSTRUCTIONS TO BIDDERS CSD2022-016 Page 16
Version: October 2017
#6 Council Chamber Building Parking Lot -17555 Peak Avenue (enter from Alkire Avenue)
Description of
Bid Item
Approximate
Quantity/Unit of Measure
Mobilization LS
Seal Coat of parking lots 11,350 SF
4” X 19’ Parking Lines (white) 76 LF
4” X 19’ Parking Lines (blue) 76 LF
ADA Symbol 4 EA
4” - 19’ X 8.5’ Rectangle outline (blue) 46.5 LF
4” Hash Lines (white) 45 LF
4” - 19’ X 10’ Rectangle outline (blue) 59 LF
4” Hash Lines (white) 66.5 LF
12” “NO PARKING” Stencil (white) 2 EA
12” “VISITOR” Stencil (white 3 EA
Crack sealing 100 LF
Supplemental Work LS

END OF INSTRUCTIONS TO BIDDERS

2022 Parking Lot Seal Coat Project BID PROPOSAL
CSD2022-016 Page 1
Version: October 2017

BID PROPOSAL
2022 Parking Lot Seal Coat 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” from Bid Schedule-Grand Total on Bid Schedule Page 7):
$ ____________________________.

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:

2022 Parking Lot Seal Coat Project BID PROPOSAL
CSD2022-016 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
$____________________________.

2022 Parking Lot Seal Coat Project BID PROPOSAL
CSD2022-016 Page 3
Version: October 2017
____ A PDF copy of the bid bond, using the Bid Bond form included with the Contract Documents, payable to City of Morgan Hill and 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 CSLB License #, Classification
and Expiration Date
_________________________________
DIR Registration # and Expiration Date
_________________________________ __________________________ Address Phone
_________________________________ __________________________ City, State, Zip E-Mail

END OF BID PROPOSAL
Attachments: Bid Schedules 1 to 6
Bid Schedule Grand Total
Subcontractor List
Noncollusion Declaration
Bid Security

2022 Parking Lot Seal Coat Project BID SCHEDULE
CSD2022-016 Page 1
Version: October 2017
BID SCHEDULE 1
2022 PARKING LOT SEAL COAT PROJECT
The Bid Schedules 1 thru 6 and the Grand Total Bid Schedule forms must be completed and submitted with the electronic Bid Proposal. Quantities shown are required for bid purposes and may or may not be final pay quantities. Actual quantities, if different, shall be substantiated during the Project by the Contractor (either by field measurement, trucking tags, or other means acceptable to the Engineer).

GALVAN PARK & GO KIDS, 17666 CREST AVENUE
Bid
Item
Description of
Bid Item
Approximate
Quantity/Unit
of Measure
Unit
Price
Extended
Total
1 Mobilization LS na
2 Seal Coat of parking lots 57,025 SF
3 4” white lines (110 ea @ 18’) 2052 LF
4 4” blue lines (4 ea @ 18’) 72 LF
5 Main Lot - Hashed Walkways 4”
white 571 LF
6 Back Lot – White Hash 136 LF
7 Back Lot – Blue Lines 166 LF
8 Back Lot – “NO PARKING” Stencil
12” 1 EA
9 ADA Symbol 3 EA
10 Arrows (2 left, 1 right, 16 straight) 19 EA
11 Crack sealing 100 LF
12 Supplemental Work LS na $5,000
Bid Schedule I Total

2022 Parking Lot Seal Coat Project BID SCHEDULE
CSD2022-016 Page 2
Version: October 2017
BID SCHEDULE 2
2022 PARKING LOT SEAL COAT PROJECT
Quantities shown are required for bid purposes and may or may not be final pay quantities. Actual quantities, if different, shall be substantiated during the Project by the Contractor (either by field measurement, trucking tags, or other means acceptable to the Engineer).

COMMUNITY CHRISTIAN OFFICES, 17620 CREST AVENUE
Bid
Item
Description of
Bid Item
Approximate
Quantity/Unit
of Measure
Unit
Price
Extended
Total
1 Mobilization LS na
2 Seal Coat of parking lots 2,925 SF
3 4” white lines (3 ea @ 18’) 54 LF
4 4” blue lines (Outlined Hash Area) 27 LF
5 Hashed Area 4” white 40 LF
6 “NO PARKING” Stencil 12” 1 EA
7 ADA Symbol 1 EA
Supplemental Work LS na $5,000
Bid Schedule 2 Total

2022 Parking Lot Seal Coat Project BID SCHEDULE
CSD2022-016 Page 3
Version: October 2017
BID SCHEDULE 3
2022 PARKING LOT SEAL COAT PROJECT
Quantities shown are required for bid purposes and may or may not be final pay quantities. Actual quantities, if different, shall be substantiated during the Project by the Contractor (either by field measurement, trucking tags, or other means acceptable to the Engineer).

NORDSTROM PARK – EAST DUNNE AVE AND MURPHY AVE
Bid
Item
Description of
Bid Item
Approximate
Quantity/Unit
of Measure
Unit
Price
Extended
Total
1 Mobilization LS na
2 Seal Coat of parking lots 3,080 SF
3 4” white lines (4 ea @ 15’) 60 LF
4 4” blue lines (1 ea @ 15’) 18 LF
5 9’ X 10’ Blue Border (2 sides) 19 LF
6 9’ X 12’ 4” Hash Lines 21
7 ADA Symbol 1
8 12” ‘NO PARKING” Stencil 1
9 6’ X 3’ Arrow 2
10 Crack sealing 100 LF
12 Supplemental Work LS na $5,000
Bid Schedule 3 Total

2022 Parking Lot Seal Coat Project BID SCHEDULE
CSD2022-016 Page 4
Version: October 2017
BID SCHEDULE 4
2022 PARKING LOT SEAL COAT PROJECT
Quantities shown are required for bid purposes and may or may not be final pay quantities. Actual quantities, if different, shall be substantiated during the Project by the Contractor (either by field measurement, trucking tags, or other means acceptable to the Engineer).

CITY CORPORATION YARD – 100 EDES COURT
Bid
Item
Description of
Bid Item
Approximate
Quantity/Unit
of Measure
Unit
Price
Extended
Total
1 Mobilization LS na
2 Seal Coat of parking lots 55,550 SF
3 4” white lines (Varied Sizes) 1533 LF
4 Hash Area near Chemical Shed
(white) 138 LF
5 Outline Near Paint Shed (white) 33 LF
6 “ELECTRIC VEHICLE PARKING”
10” Stencil (white) 1 EA
7 Front Parking Lot – 2 Hash areas
and outlines (white) 182 LF
8 Front Parking Lot – Hash Outline
(blue) 37 LF
9 ADA Symbol (Front Parking Lot) 1 EA
10 10” “VISITOR PARKING” Stencil
(white) 2 EA
11 Delineator lines, 4” white near
Streets Shed, East Exit gate and
gate controller
26 LF
12 Crack sealing 100 LF
13 Supplemental Work LS na $5,000
Bid Schedule 4 Total

2022 Parking Lot Seal Coat Project BID SCHEDULE
CSD2022-016 Page 5
Version: October 2017
BID SCHEDULE 5
2022 PARKING LOT SEAL COAT PROJECT
Quantities shown are required for bid purposes and may or may not be final pay quantities. Actual quantities, if different, shall be substantiated during the Project by the Contractor (either by field measurement, trucking tags, or other means acceptable to the Engineer).

PARADISE PARK – LA CROSSE DR @ CALLE ENRIQUE
Bid
Item
Description of
Bid Item
Approximate
Quantity/Unit
of Measure
Unit
Price
Extended
Total
1 Mobilization LS na
2 Seal Coat of parking lots 6,250 SF
3 4” Angle Parking Lines (white) 172 LF
4 4” Straight Parking Lines (white) 17.5 LF
5 4” Straight Parking Lines 17.5 LF
6 Parallel Parking Lines (“L” & “T”)
(white) 50 LF
7 8’ X 18’ Hash area lines (white) 47 LF
8 8’ X 18’ Hash area Outline (blue) 26 LF
9 ADA Symbol (Front Parking Lot) 2 EA
10 10’ Straight Arrow 4 EA
11 Crack sealing 100 LF
12 Supplemental Work LS na $5,000
Bid Schedule 5 Total

2022 Parking Lot Seal Coat Project BID SCHEDULE
CSD2022-016 Page 6
Version: October 2017
BID SCHEDULE 6
2022 PARKING LOT SEAL COAT PROJECT
Quantities shown are required for bid purposes and may or may not be final pay quantities. Actual quantities, if different, shall be substantiated during the Project by the Contractor (either by field measurement, trucking tags, or other means acceptable to the Engineer).

COUNCIL CHAMBER BLDG PARKING LOT – 17555 PEAK AVENUE (ENTER

FROM ALKIRE)
Bid
Item
Description of
Bid Item
Approximate
Quantity/Unit
of Measure
Unit
Price
Extended
Total
1 Mobilization LS na
2 Seal Coat of parking lots 11,350 SF
3 4” X 19’ Parking Lines (white) 76 LF
4 4” X 19’ Parking Lines (blue) 76 LF
5 ADA Symbol 4 EA
6 4” - 19’ X 8.5’ Rectangle outline
(blue) 46.5 LF
7 4” Hash Lines (white) 45 LF
8 4” - 19’ X 10’ Rectangle outline
(blue) 59 LF
9 4” Hash Lines (white) 66.5 LF
10 12” “NO PARKING” Stencil (white) 2 EA
11 12” “VISITOR” Stencil (white 3 EA
12 Crack sealing 100 LF
13 Supplemental Work LS na $5,000
Bid Schedule 6 Total

2022 Parking Lot Seal Coat Project BID SCHEDULE
CSD2022-016 Page 7
Version: October 2017
BID SCHEDULE – GRAND TOTAL

BASE BID
2022 PARKING LOT SEAL COAT PROJECT

NAME OF
CONTRACTOR:______________________________________________ Bid Schedule Description of
Parking Lot Location
Total
1 Galvan Park and Go Kids
2 Community Christian Offices
3 Nordstrom Park
4 City Corporation Yard
5 Paradise Park
6 Council Chamber Building
Base Bid:

Grand Total of Bid Schedules 1 to 6

2022 Parking Lot Seal Coat Project SUBCONTRACTOR LIST
CSD2022-016 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.

2022 Parking Lot Seal Coat Project NONCOLLUSION DECLARATION CSD2022-016 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]

2022 Parking Lot Seal Coat Project NONCOLLUSION DECLARATION CSD2022-016 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.

2022 Parking Lot Seal Coat Project BID BOND
CSD2022-016 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 Parking Lot Seal Coat 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: _____________________________

2022 Parking Lot Seal Coat Project BID BOND
CSD2022-016 Page 2
Version: December 2016
Fax: _______________________________
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:__________________________

2022 Parking Lot Seal Coat Project BIDDER’S QUESTIONNAIRE CSD2022-016 Page 1
Version: December 2016
BIDDER’S QUESTIONNAIRE
2022 PARKING LOT SEAL COAT 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? _________________________________________________________

2022 Parking Lot Seal Coat Project BIDDER’S QUESTIONNAIRE CSD2022-016 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

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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

2022 Parking Lot Seal Coat Project CONTRACT
CSD2022-016 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 Parking Lot Seal Coat 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”

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.

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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.

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.”

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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: (409) 779-7259
Attn: City Clerk
Email: [email protected]
Copy to:____________________________________

Contractor:

Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
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.

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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.]

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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:

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

2022 Parking Lot Seal Coat Project PAYMENT BOND
CSD2022-016 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 Parking Lot Seal Coat 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:

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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

2022 Parking Lot Seal Coat Project PERFORMANCE BOND
CSD2022-016 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 Parking Lot Seal Coat 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;

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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.]

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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

2022 Parking Lot Seal Coat Project WARRANTY BOND
CSD2022-016 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 Parking Lot Seal Coat 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:

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

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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 WARRANTY BOND

2022 Parking Lot Seal Coat Project GENERAL CONDITIONS
CSD2022-016 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.

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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.

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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“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:

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(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

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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: If 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 programmers, hardware engineers, or other systems

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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.

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(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, Contractor 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

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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.

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(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;

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(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

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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.

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(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.

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(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

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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.

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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

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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

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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.
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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,

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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.

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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.

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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

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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”).

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(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.

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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.

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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

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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.

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CONTRACT BALANCE FORM
Project Name: _____________________________________
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)

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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.

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(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.

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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

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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

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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

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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,

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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

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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.

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(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;

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(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

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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

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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

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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

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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

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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

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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

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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. Weather Delays. This provision is intended to supplement the requirements of General Conditions Section 5.2 on Schedule Requirements and Section 5.3 on Delays and Extensions of Contract Time.
(A) Weather Delay Day. A Weather Delay Day is a Working Day during which Contractor and its forces, including Subcontractors, are unable to perform more than forty percent (40%) of the critical path Work scheduled for that day due to adverse weather conditions which impair the ability to safely or effectively perform the scheduled critical path Work that day. Adverse weather conditions may include rain, saturated soil, and Worksite clean-up required due to adverse weather. Determination of what constitutes critical path Work scheduled for that day will be based on the most current, City-approved schedule.
(B) Normal Weather Delay Days. Based on historic records for the Project location, Contractor’s schedule should assume the following number of normal Weather Delay Days for each month:

Month # Normal Weather
Delay Days
April 3
May 1
June 0

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(C) Extension of Time. Contractor will be entitled to a noncompensable extension of the Contract Time for each Weather Delay Day in excess of the normal Weather Delay Days within a given month, as set forth in Section (B) above, subject to the following limitations:
(1) Contractor must fully comply with the applicable procedures in Article 5 and 6 of the General Conditions regarding requests to modify the Contract Time.

(2) Normal Weather Delay Days which do not occur during a given month do not carry over to another month.
(3) Contractor will not be entitled to an extension of time for a Weather Delay Day to the extent Contractor is responsible for concurrent delay on that day.

4. 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.

5. 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.

6. 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.

7. 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

COMMUNITY SERVICES DEPARTMENT
17575 PEAK AVENUE
MORGAN HILL, CA 95037
GENERAL:(408) 779-7271
FAX:(408) 779-3117
WWW.MORGANHILL.CA.GOV

Addendum #1
ADDENDUM NO. 1
DATE: February 24, 2022
TO: ALL RESPONDING PARTIES TO THE BID FOR THE
2022 PARKING LOT SEAL COAT PROJECT
FROM: Dale Dapp, Maintenance Manager
Keri Russell, Maintenance Coordinator
Cynthia Iwanaga, Management Analyst
SUBJECT: Responses to Questions and Requests for Clarification

1. What is the estimated cost of this project?
The estimated cost is $68,000.

2. In Section 5.2 Bid Security, the following sentences are deleted, “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.” The City requires all bidders to include electronic copies of bid security documents with the bid proposals that must be submitted via e-mail to the City, however, the City will not be requesting the original hard copy bid security documents from the two lowest bidders.

3. What are the locations and quantities for the patch work and asphalt repairs for each location? Please add a line item for Patchwork and Asphalt repairs in the bid schedule.

The City evaluated all of the areas in the scope of work and found only one area in the Corporation Yard that needs to be repaired. The City will make the Corporation Yard asphalt repair prior to the seal coating work, so bidders should bid assuming no patchwork or asphalt repairs are needs. Since the City is not requiring patchwork and asphalt repairs, no line item was added to the bid schedule.

The City is removing the following references from the scope of work.

and replaced or repaired as required.”

days before application.”

COMMUNITY SERVICES DEPARTMENT
17575 PEAK AVENUE
MORGAN HILL, CA 95037
GENERAL:(408) 779-7271
FAX:(408) 779-3117
WWW.MORGANHILL.CA.GOV

Addendum #1

4. The due date and time for this bid remain the same, Tuesday, March 8, 2022 at 11:00 a.m. via e-mail to [email protected] Late proposals will not be accepted.

THIS DOCUMENT AND THE ATTACHMENTS SHALL BECOME PART OF THE PROJECTS SPECIFICATION Bidder must acknowledge receipt of this Addendum in the Bid Proposal (Section 2. Addenda) that is submitted to the City of Morgan Hill.

COMMUNITY SERVICES DEPARTMENT
17575 PEAK AVENUE
MORGAN HILL, CA 95037
GENERAL:(408) 779-7271
FAX:(408) 779-3117
WWW.MORGANHILL.CA.GOV

Addendum #1
ADDENDUM NO. 2
DATE: February 28, 2022
TO: ALL RESPONDING PARTIES TO THE BID FOR THE
2022 PARKING LOT SEAL COAT PROJECT
FROM: Dale Dapp, Maintenance Manager
Keri Russell, Maintenance Coordinator
Cynthia Iwanaga, Management Analyst
SUBJECT: Clarification

1. The correct address for the Council Chamber Building Parking Lot is 17555 Peak Avenue (entrance off Alkire Avenue).

2. The due date and time for this bid remain the same, Tuesday, March 8, 2022 at 11:00 a.m. via e-mail to [email protected] Late proposals will not be accepted.

THIS DOCUMENT AND THE ATTACHMENTS SHALL BECOME PART OF THE PROJECTS SPECIFICATION Bidder must acknowledge receipt of this Addendum in the Bid Proposal (Section 2. Addenda) that is submitted to the City of Morgan Hill.

COMMUNITY SERVICES DEPARTMENT
17575 PEAK AVENUE
MORGAN HILL, CA 95037
GENERAL:(408) 779-7271
FAX:(408) 779-3117
WWW.MORGANHILL.CA.GOV

Addendum #3
ADDENDUM NO. 3
DATE: March 7, 2022
TO: ALL RESPONDING PARTIES TO THE BID FOR THE
2022 PARKING LOT SEAL COAT PROJECT
FROM: Dale Dapp, Maintenance Manager
Keri Russell, Maintenance Coordinator
Cynthia Iwanaga, Management Analyst
SUBJECT: Clarification-Supplemental Work Line Item

1. The Supplemental Work line item includes any new or unforeseen work not specified in the specifications.

The lump sum $5,000 amount listed in each location’s bid schedule for Supplemental Work shall be included in each bidder’s proposal.

Supplemental scope of work and price shall be agreed to prior to authorization and shall be paid out of this bid item. Supplemental work shall be performed only upon direct written authorization from the City’s Project Manager.

2. The due date and time for this bid remain the same, Tuesday, March 8, 2022 at 11:00 a.m. via e-mail to [email protected] Late proposals will not be accepted.

THIS DOCUMENT AND THE ATTACHMENTS SHALL BECOME PART OF THE PROJECTS SPECIFICATION Bidder must acknowledge receipt of this Addendum in the Bid Proposal (Section 2. Addenda) that is submitted to the City of Morgan Hill.

12 CITY COUNCIL STAFF REPORT
MEETING DATE: April 6, 2022
PREPARED BY:

Michelle Bigelow, Deputy City Clerk
APPROVED BY: City Manager
RECONSIDER ACTION TO ADOPT CITY COUNCIL DISTRICT MAP 103 - FROM MARCH 2, 2022 CITY COUNCIL ACTION

RECOMMENDATION(S)

1. Review and discuss whether an alternative map should be adopted in light of a demand to cure a violation of the FAIR MAPS Act; and

2. Determine whether to: a) affirm the adoption of Map 103, or 2) approve an amended resolution identifying an alternative City Council District map.

Estimated Time: 45 Minutes

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Supporting our Youth, Seniors, and Entire Community
Preserving and Cultivating Public Trust
Preserving our Community History
Enhancing Diversity and Inclusiveness
2022-2023 Strategic Priorities
Fiscal Sustainability
Community Engagement, Outreach, and Messaging
REPORT NARRATIVE:

This item is being brought back on a request for reconsideration by Mayor Constantine.

On March 2, 2022, the Council adopted Map 103 as the new district map for City Council elections. Map 103 largely retains the existing districts, which were established in 2017. Following the 2017 ordinance establishing district elections, the state enacted the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions Act ("FAIR MAPS Act"). Among other things, the FAIR MAPS Act adds prioritized criteria for redistricting. The top priority for redistricting is that all districts must be contiguous.

Current District D (as retained in Map 103) is not contiguous.

On March 23, 2022, the City Council received a letter from the Nielsen Merkskamer law

12 firm demanding that the City cure its violation of the FAIR MAPS Act. The purpose of this hearing is to give the Council the opportunity to reconsider the adoption of Map 103 and consider adopting a map that conforms to the legal requirements.

Redistricting Background
Every ten years, cities with by-district election systems must use new census data to review and, if needed, redraw district lines to reflect how local populations have changed. This process, called redistricting, ensures all districts have a nearly equal population. The redistricting process for the City of Morgan Hill must be completed by April 17, 2022.

The City adopted its current district boundaries on September 6, 2017, based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, adopted by the California legislature as AB 849, which took effect January 1, 2020.

Under the Act, the City Council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c)):

1. Comply with the US Constitution, the California Constitution, and the federal Voting Rights Act of 1965, including the federal requirement that districts maintain equal populations.

2. Geographically contiguous

3. Undivided neighborhoods and “communities of interest” (socio-economic geographic areas that should be kept together)

4. Easily identifiable boundaries

5. Compact (do not bypass one group of people to get to a more distant group of people)

6. Shall not favor or discriminate against a political party Once the prioritized criteria are met, other traditional districting principles can be considered, such as:

1. Minimize the number of voters delayed from voting in 2022 to 2024

2. Respect voters’ choices/continuity in office

3. Future population growth
Elections Code Section 21607.1 directs that the City must conduct at least four (4) public hearings throughout the redistricting process; one (1) Public Hearing before maps are drawn, at least two (2) Public Hearings after draft maps are drawn, and one (1) public hearing scheduled on an evening or weekend, at which time the public is invited to provide input regarding the composition of the districts.

The purpose of this public hearing is to reconsider the prior adoption of Map 103 and

12 determine whether to 1) affirm the adoption of Map 103, or 2) approve an amended resolution identifying a different district map.

COMMUNITY ENGAGEMENT:

Consult.

The City Clerk’s Office and Communications Team have implemented the following community outreach plan:

Public Messaging via Social Media, City’s Website, Press Releases, newsletters, and other public communications, in English and Spanish, including:
 At least four City Council Public Hearings
 Social media engagement on Facebook, Instagram, Twitter, and NextDoor  Updated webpage on City’s website for redistricting updates and information  Information provided via website newsflashes, eblasts, “Morgan Hill Weekly 411,” and print
 Press releases sent to various outlets and groups, including individuals and churches who have connections to our Spanish-speaking community  Public notices posted at City facilities
 Display advertisements on local public access network by using Channel 17  Informational tables at the Farmer’s Market, Friday Night Music Series, local coffee shops, St Catherine's Church following the English and Spanish mass, and other public spaces
 Virtual Town Halls
 Online Interactive Tools:
o Updated online interactive mapping tools were available to allow residents to draw their district boundary lines. The City’s consulting demographer provided training for the public on how to use the new online mapping tools.

ALTERNATIVE ACTIONS:

The City Council can determine whether to 1) affirm the adoption of Map 103, or 2) approve an amended resolution identifying a different district map.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:
 January 29, 2021, Annual Goal Setting Workshop - City Council received a presentation outlining the requirements and process for redistricting.  May 5, 2021, City Council Meeting - the City Council voted to move forward with a staff-led redistricting process.
 August 6, 2021, Mid-Year Goal Review Workshop - City Council received an update on the redistricting process.

12  August 18, 2021, City Council Meeting- The City Council held the first of four required public hearings in the redistricting process to receive an update on the process and request feedback on Communities of Interest.  October 20, 2021, City Council Meeting- The City Council held the second of four required public hearings in the redistricting process to receive an update on the state-adjusted Census data, and receive a demonstration on available mapping tools.
 December 15, 2021, City Council Meeting - The City Council held the third of four required public hearings in the redistricting process to review the draft maps submitted to date.
 February 16, 2022, City Council Redistricting Workshop - The City Council and community reviewed and discussed the draft maps and Council directed staff to bring maps 103, 104, 106, 108, and NDC green to the March 2, 2022 Public Hearing for discussion and possible adoption.
 March 2, 2022, the City Council held a public hearing and adopted Map 103.

FISCAL AND RESOURCE IMPACT:

For the FY 2021-2022 redistricting process, staff estimates that the currently budgeted funds will be sufficient. If legal action is brought against the City based on the adoption of Map 103, legal costs could be between $100,000 to $500,000 and have not been included in the adopted budget.

CEQA (California Environmental Quality Act):

Not a Project
The reformatting of electoral districts is not a project as defined in Section 15060(c) of the State CEQA Guidelines.

March 23, 2022

VIA PDF E-MAIL
Richard Constantine, Mayor [email protected] Members of the City Council [email protected] City of Morgan Hill [email protected] 17575 Peak Avenue [email protected]
Morgan Hill, California 95037 [email protected] Re: Demand to Reconsider Resolution No. 22-013
(Adoption of Redistricting Map 103) to Comply with
the FAIR MAPS Act
Dear Mayor Constantine & Members of the City Council:

I write on behalf of Steve Tate, Swanee Edwards, Brian
Sullivan, and Kathy Sullivan, residents and registered voters of Morgan Hill, to demand that you comply with California’s FAIR MAPS Act, Elec.

Code §§ 21601-21609, by reconsidering the illegal map that the Council adopted on March 2, 2022, before the deadline to complete the redistricting process, April 17, 2022.

The illegality of Map 103 could not be more patently
obvious—indeed, both the City’s consultants, National Demographics Corporation, and the City Attorney advised the Council as much. The FAIR MAPS Act specifies a particular list of criteria to be followed in municipal redistricting and the “order of priority” in which those criteria should be considered. The top criteria, of course—based as they are on supreme federal law—are compliance with the equal population requirements of the Fourteenth Amendment and with the federal Voting Rights Act, 52 U.S.C. § 10301. See Elec. Code § 21601(a)-(b).

Assuming those two criteria are met, however, the foremost criterion specified by the Act is that “[t]o the extent practicable, council districts shall be geographically contiguous.” Elec. Code § 21601(c)(1).

Map 103 fails this basic requirement. Indisputably—as the City’s demographic consultants explicitly advised the Council—District D is geographically non-contiguous.

Mayor & City Council
City of Morgan Hill
March 23, 2022

We understand that the Council was acting under an
apparent threat of litigation and, further, that it was advised that it could adopt Map 103 because the requirement of contiguity is qualified by the phrase “to the extent practicable.” However, neither argument remotely justifies the adoption of that illegal map.

As to the threat of litigation, the City would have faced no risk of liability under the equal population requirements if it had adopted any of the other proposed maps, nor would it have faced any threat of litigation under the Voting Rights Act. As to the latter point, the United States Supreme Court has held that liability under the VRA is not triggered unless it is possible to draw a district in which members of a given minority group constitute of at least 50% of the citizen voting age population (i.e., eligible voters). See Bartlett v. Strickland, 556 U.S. 1, 19-20 (2009). Obviously, such a district cannot be drawn in Morgan Hill, as evidenced by the fact that no district in Map 103 exceeds 30% Latino citizen voting age population.1 Thus, any claim that the Voting Rights Act justifies the non-contiguity of District D is wholly without merit.

We recognize that members of the public supporting Map
103 urged that District D should be drawn in its current configuration to unify a purported “community of interest.” Initially, this community of interest was identified as Latino voters, but drawing a district based “predominantly” on this racial consideration, when not required by the Voting Rights Act, constitutes unconstitutional gerrymandering. See, e.g., Abbott v. Perez, 138 S. Ct. 2305, 2334 (2018).

The supporters thereafter shifted gears to try to identify the purported community of interest in less explicitly racial terms, such as “renters.” Factually-speaking, this recharacterization is highly dubious, 1 Even if such a district could be drawn, that would not be the end of the inquiry—the Voting Rights Act still might not require the drawing of such a district.

However, the failure to meet this basic criterion is would be fatal to any claim under the act. See, e.g., Romero v. Pomona, 883 F.2d 1418, 1422 (9th Cir. 1989); Overton v.

Austin, 871 F.2d 529, 538 (5th Cir. 1989).

Mayor & City Council
City of Morgan Hill
March 23, 2022

suggesting that it is pretextual. For one thing, the members of the public suggesting this community of interest did not identify any geographic location for this community of renters other than simply the District they sought. Moreover, District D has the lowest proportion of renters of any District in Map 103.

But, ultimately, the plausibility of this or any other so-called community of interest is beside the point. Even if were actually bona fide, it would not justify the City’s violation of the contiguity requirement of the FAIR MAPS Act. In the “order of priority” specified in the Act, contiguity ranks above minimizing the division of communities of interest.

We also recognize that Map 103’s supporters have latched onto the fact that contiguity is required only “to the extent practicable” to argue that it is not an absolute requirement. And, of course, it isn’t. It is conceivable (though hard to imagine, realistically) that the contiguity requirement might have to be violated to a limited extent to comply with a higher-ranked criterion—i.e., the equal population requirement or the Voting Rights Act. But that is not the case in Morgan Hill, as reflected in the fact that there were five other focus maps presented for the Council’s consideration on March 2 that complied with those federal requirements and the contiguity requirement.

The phrase “to the extent practicable” does not, however, permit the Council to ignore contiguity in favor of a lower-ranked criterion; to conclude otherwise entirely defeats the purpose of prescribing the order of priority in the first instance. (We would note, moreover, that the directive to minimize the division of communities of interest is also to be followed only “to the extent practicable,” see Elec.

Code § 21601(c)(2), in recognition of the fact that it, too, must sometimes yield to higher-ranked criteria, such as the contiguity requirement.) The illegality of Map 103 is transparent and indisputable.

We therefore urge the Council to reconsider the adoption of that map before the deadline for the Council to adopt a final redistricting map on

Mayor & City Council
City of Morgan Hill
March 23, 2022

April 17. After that date, the Council loses jurisdiction to make changes without a court order, and my client will have to consider alternative legal avenues.

Should you have any questions, please do not hesitate to contact me at 415/389-6800 or by e-mail at [email protected].

Sincerely,
Christopher E. Skinnell
Cc: Donald Larkin, City Attorney
[email protected]

RESOLUTION NO. 22-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL ADOPTING A REVISED ELECTORAL
DISTRICT MAP FOLLOWING THE 2020 FEDERAL
CENSUS
WHEREAS, the City Council must review and if needed adjust city council district boundaries every ten years using decennial census data so that the districts remain substantially equal in population as required by federal law—a process commonly known as redistricting; and
WHEREAS, the 2020 Census data shows that Morgan Hill’s current districts are population balanced, with a deviation between District A (the least populated district) and District D (the most populated district) of nearly 6%. However, District D as drawn does not meet the FAIR MAPS Act requirement of contiguity and as such, the City must adjust its district boundary lines by adopting a final district map before the statutory deadline of April 17, 2022; and
WHEREAS, between August 18, 2021, and February 16, 2022, the City Council held three public hearings, and a workshop to review 11 map submissions from members of the public. The City Council considered input from workshops, town halls, public comments, and communities of interest submission on the draft map; and WHEREAS, on February 16, 2022, the City Council held a workshop to review eleven maps. After considering public input, they recommended five maps be brought to the March 2, 2022 public hearing for consideration; and
WHEREAS, on February 23, 2022, the City published the maps recommended by the Council on its redistricting website and made the maps available to the public; and WHEREAS, on March 2, 2022, the City Council held a public hearing Pursuant to Elections Code Section 10010(a)(2) to receive public comment on the recommended maps; and WHEREAS, on March 2, 2022, the City Council adopted the map identified as Map 103; and
WHEREAS, on April 6, 2022, the City Council reconsidered its March 2, 2022 action adopting Map 103; and
WHEREAS, after considering the draft maps and public input, the City Council desires to adopt updated city council electoral district maps to ensure that the City’s districts comply with the law; and
WHEREAS, the resolution rescinds and replaces City Council resolution 2022-013 adopted on March 2, 2022.

City of Morgan Hill
Resolution No. 22-XXX

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORGAN HILL THAT:

1. The City Council electoral district map attached as Exhibit A is hereby approved and adopted.

2. The City Council districts specified in Exhibit A shall remain in effect until modified.

3. This Resolution and its Exhibit shall be published and available on the City website for as long as the City Council districts approved by this resolution are in effect.

4. The City Clerk or designee, in conjunction with the Demographer, is hereby authorized and directed to provide a copy of this resolution to and work with the Santa Clara County Registrar of Voters to conduct any additional acts necessary to complete the redistricting process in a timely fashion to permit implementation of this district map in connection with the election to be held on November 8, 2022, including, without limitation, minor adjustments to the adopted map as may be necessary for its implementation.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Morgan Hill at a regular meeting held on the April 6, 2022
AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: ATTEST:
_____________________________ ________________________________ RICH CONSTANTINE, Mayor MICHELLE BIGELOW, City Clerk

City of Morgan Hill
Resolution No. 22-XXX

 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. 22-XX, adopted by the City Council at a regular meeting held on April 6, 2022.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

A
B C D
101
101
E Dunne Ave
Peebles Ave
Cochrane
Rd
Llagas Rd
Monterey St
W Main Ave
Watsonville
Rd
National Demographics Corporation, December 15, 2021
City of Morgan HillRedistricting 2021 Public Map 103
This map is not contiguous
(Corrected 12/15/2021)
©2021 CALIPER

District A B C D Total
2020 2020 Census (Raw) 11,509 11,174 11,117 11,766 45,566 Deviation from ideal 118 -218 -275 375 649
% Deviation 1.03% -1.91% -2.41% 3.29% 5.70%
% Hisp 39% 35% 39% 21% 33%
% NH White 43% 40% 40% 52% 44%
% NH Black 3% 3% 2% 3% 3%
% Asian-American 12% 19% 16% 21% 17%
Total 7,020 7,628 7,083 8,175 29,905
% Hisp 25% 26% 28% 18% 24%
% NH White 56% 52% 53% 62% 56%
% NH Black 3% 3% 2% 2% 2%
% Asian/Pac.Isl. 14% 18% 16% 16% 16%
Total 6,807 6,829 6,468 8,015 28,119
% Latino est. 25% 27% 27% 17% 24%
% Spanish-Surnamed 23% 25% 24% 16% 22%
% Asian-Surnamed 5% 10% 9% 11% 9%
% Filipino-Surnamed 1% 2% 2% 1% 2%
% NH White est. 66% 59% 62% 69% 64%
% NH Black 3% 2% 2% 2% 2%
Total 4,151 3,784 3,900 5,184 17,019
% Latino est. 20% 23% 22% 15% 20%
% Spanish-Surnamed 19% 21% 21% 14% 18%
% Asian-Surnamed 4% 8% 7% 8% 7%
% Filipino-Surnamed 1% 2% 1% 1% 1%
% NH White est. 72% 65% 68% 74% 70%
% NH Black 3% 2% 2% 2% 2%
Total 5,806 5,770 5,428 7,114 24,118
% Latino est. 24% 26% 25% 16% 22%
% Spanish-Surnamed 22% 24% 23% 15% 21%
% Asian-Surnamed 6% 10% 9% 11% 9%
% Filipino-Surnamed 1% 2% 2% 1% 2%
% NH White est. 67% 60% 64% 70% 66%
% NH Black est. 3% 2% 2% 2% 2%
ACS Pop. Est. Total 10,604 11,285 11,219 11,412 44,520
age0-19 29% 28% 27% 27% 28%
age20-60 50% 54% 53% 52% 52%
age60plus 22% 18% 20% 21% 20%
immigrants 17% 21% 22% 14% 18%
naturalized 54% 63% 52% 71% 59%
english 74% 65% 66% 77% 70%
spanish 18% 22% 20% 8% 17%
asian-lang 6% 8% 8% 9% 8%
other lang 2% 5% 6% 6% 5%
Language Fluency Speaks Eng. "Less
than Very Well" 8% 12% 16% 6% 11%
hs-grad 36% 42% 43% 35% 39%
bachelor 34% 25% 21% 32% 28%
graduatedegree 12% 12% 14% 20% 15%
Child in Household child-under18 35% 40% 36% 43% 39%
Pct of Pop. Age 16+ employed 65% 68% 67% 67% 67%
income 0-25k 8% 12% 6% 4% 7%
income 25-50k 12% 16% 15% 6% 12%
income 50-75k 11% 10% 15% 7% 11%
income 75-200k 44% 41% 45% 43% 43%
income 200k-plus 25% 21% 19% 40% 26%
single family 82% 81% 79% 98% 85%
multi-family 18% 19% 21% 2% 15%
rented 28% 31% 36% 11% 27%
owned 72% 69% 64% 89% 73%
Total population data from the California adjustment to the 2020 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC.

Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

Housing Stats
Household Income
Education (among those
age 25+)
2020 Total Pop
City of Morgan Hill - Public Map 103
Language spoken at home
Immigration
Citizen Voting Age Pop
Age
Voter Registration (Nov
2020)
Voter Turnout (Nov
2018)
Voter Turnout (Nov
2020)

A
C
B
D
101
101
E Dunne Ave
Peebles Ave
Cochrane
Rd
Llagas Rd
Monterey St
W Main Ave
Watsonville
Rd
National Demographics Corporation, February 8, 2022
City of Morgan HillRedistricting 2022 Public Map 104
©2021 CALIPER

Public Map 104
District A
Total Pop 11,174
Deviation from ideal -218
% Deviation -1.91%
% Hisp 38.8%
% NH White 43%
% NH Black 3%
% Asian-American 11%
Total 6,992
% Hisp 25%
% NH White 57%
% NH Black 4%
% Asian/Pac.Isl. 14%
Total 6,657
% Latino est. 25%
% Spanish-Surnamed 23%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 66%
% NH Black 3%
Total 5,663
% Latino est. 24%
% Spanish-Surnamed 22%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 68%
% NH Black 3%
Total 4,058
% Latino est. 19%
% Spanish-Surnamed 18%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black est. 3%
ACS Pop. Est. Total 10,413
age0-19 29%
age20-60 50%
age60plus 21%
immigrants 18%
naturalized 55%
english 73%
spanish 19%
asian-lang 6%
other lang 2%
Language Fluency Speaks Eng. "Less than Very Well" 9%
hs-grad 37%
bachelor 35%
graduatedegree 12%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 65%
income 0-25k 8%
income 25-50k 13%
income 50-75k 12%
income 75-200k 43%
income 200k-plus 24%
single family 81%
multi-family 19%
rented 30%
owned 70%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

B
11,801
409

3.59%
30%
42%
3%
21%
7,187
25%
53%
2%
17%
7,376
24%
22%
12%
2%
61%
2%
6,333
23%
21%
12%
2%
62%
2%
4,044
20%
18%
9%
2%
67%
2%
10,715
28%
54%
18%
20%
61%
68%
18%
9%
4%
10%
38%
26%
17%
44%
65%
10%
9%
9%
39%
33%
89%
11%
17%
83%
C
11,117
-275
-2.41%
39%
40%
2%
16%
7,083
28%
53%
2%
16%
6,468
27%
24%
9%
2%
62%
2%
5,428
25%
23%
9%
2%
64%
2%
3,900
22%
21%
7%
1%
68%
2%
11,219
27%
53%
20%
21%
52%
66%
20%
8%
6%
16%
43%
21%
14%
36%
67%
6%
15%
15%
45%
19%
79%
21%
36%
64%
D
11,474
82 0.72%
26%
50%
3%
18%
8,643
19%
60%
2%
17%
7,618
20%
18%
10%
2%
68%
2%
6,694
19%
17%
9%
2%
69%
2%
5,017
18%
16%
8%
1%
72%
2%
12,172
27%
53%
21%
16%
71%
74%
12%
8%
6%
8%
39%
31%
16%
39%
69%
7%
11%
8%
46%
29%
90%
10%
23%
77%
Total
45,566
684

6.00%
33%
44%
3%
17%
29,905
24%
56%
2%
16%
28,119
24%
22%
9%
2%
64%
2%
24,118
22%
21%
9%
2%
66%
2%
17,019
20%
18%
7%
1%
70%
2%
44,520
28%
52%
20%
18%
59%
70%
17%
8%
5%
11%
39%
28%
15%
39%
67%
7%
12%
11%
43%
26%
85%
15%
27%
73%
02/08/2022 9:54 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats

A
C
B
D
101
101
E Dunne Ave
Peebles Ave
Cochrane
Rd
Llagas Rd
Monterey St
W Main Ave
Watsonville
Rd
Monterey Rd
National Demographics Corporation, February 8, 2022
City of Morgan HillRedistricting 2022 Public Map 105
©2021 CALIPER

Public Map 105
District A
Total Pop 11,213
Deviation from ideal -179
% Deviation -1.57%
% Hisp 31.7%
% NH White 50%
% NH Black 2%
% Asian-American 12%
Total 7,443
% Hisp 21%
% NH White 63%
% NH Black 2%
% Asian/Pac.Isl. 13%
Total 7,190
% Latino est. 21%
% Spanish-Surnamed 19%
% Asian-Surnamed 5%
% Filipino-Surnamed 1%
% NH White est. 71%
% NH Black 2%
Total 6,283
% Latino est. 19%
% Spanish-Surnamed 18%
% Asian-Surnamed 6%
% Filipino-Surnamed 1%
% NH White est. 73%
% NH Black 2%
Total 4,696
% Latino est. 16%
% Spanish-Surnamed 15%
% Asian-Surnamed 4%
% Filipino-Surnamed 1%
% NH White est. 76%
% NH Black est. 2%
ACS Pop. Est. Total 11,079
age0-19 29%
age20-60 48%
age60plus 23%
immigrants 16%
naturalized 50%
english 76%
spanish 17%
asian-lang 4%
other lang 3%
Language Fluency Speaks Eng. "Less than Very Well" 7%
hs-grad 37%
bachelor 33%
graduatedegree 14%
Child in Household child-under18 35%
Pct of Pop. Age 16+ employed 63%
income 0-25k 8%
income 25-50k 10%
income 50-75k 12%
income 75-200k 46%
income 200k-plus 25%
single family 85%
multi-family 15%
rented 26%
owned 74%
Total population data from the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data.

B
11,445
53 0.47%
29%
42%
2%
24%
7,088
26%
50%
2%
20%
7,172
23%
21%
13%
2%
60%
2%
6,194
22%
20%
13%
2%
62%
2%
3,996
19%
18%
10%
2%
67%
2%
10,617
28%
53%
18%
20%
64%
68%
17%
10%
5%
10%
38%
27%
17%
45%
64%
9%
8%
8%
39%
36%
92%
8%
14%
86%
C
11,337
-55
-0.48%
46%
34%
3%
14%
6,538
33%
48%
3%
14%
6,033
33%
31%
8%
2%
56%
3%
4,882
31%
29%
8%
2%
57%
3%
3,244
28%
26%
6%
1%
62%
2%
10,537
27%
55%
18%
23%
53%
63%
23%
9%
4%
17%
42%
22%
12%
36%
70%
6%
19%
15%
43%
18%
74%
26%
41%
59%
D
11,571
179

1.57%
26%
50%
3%
18%
8,836
19%
61%
3%
16%
7,724
20%
18%
9%
1%
68%
2%
6,759
19%
17%
9%
2%
69%
2%
5,083
17%
16%
7%
1%
72%
2%
12,286
27%
53%
21%
16%
71%
74%
12%
8%
6%
8%
39%
31%
15%
39%
69%
7%
12%
9%
45%
28%
88%
12%
25%
75%
Total
45,566
358

3.14%
33%
44%
3%
17%
29,905
24%
56%
2%
16%
28,119
24%
22%
9%
2%
64%
2%
24,118
22%
21%
9%
2%
66%
2%
17,019
20%
18%
7%
1%
70%
2%
44,520
28%
52%
20%
18%
59%
70%
17%
8%
5%
11%
39%
28%
15%
39%
67%
7%
12%
11%
43%
26%
85%
15%
27%
73%
02/08/2022 9:58 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats