Morgan Hill City Council
April 19, 2023

Special/Regular Meeting Agenda
City Council
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martínez Beltrán - Council Member
Wednesday, April 19, 2023 5:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037
Morgan Hill City Council meetings are held in person, with the option for the public to attend in person or by teleconference/video conference. Information on how the public may observe and participate in the meeting is located below.

MEETING PARTICIPATION AND PUBLIC COMMENT
City Council meetings will be live-streamed on Channel 17, the City’s website, and the City’s Facebook page.

Those members of the community that would like to participate in the meetings remotely may do so by joining virtually at: https://bit.ly/MHCityCouncilMeeting or by calling (669) 900-9128, then enter the webinar id: 873 3200 8380#. Public comment may be provided in the following ways:
• Provide public comment in-person
• Join the City Council meeting virtually via the link above. When public comment is opened, raise your virtual hand and be called upon to speak for up to 3 minutes (YOU MUST BE RUNNING THE MOST CURRENT VERSION OF

ZOOM TO BE UNMUTED)
• Join virtually by calling the number above, dial *9 to raise your hand, and be called upon to speak for up to 3 minutes
• Public comment in writing may be submitted via email to [email protected] or by mail to the City Clerk at 17575 Peak Avenue, Morgan Hill, CA 95037. Please email your comments to the City Clerk no later than 3:00 p.m. on Tuesday (the day before the City Council meeting) for your comments to be submitted to the members of the City Council with sufficient

April 19, 2023
2 time to review the comments. You may continue to provide written comments up to noon on Wednesday (the day of the meeting), although Council Members may not have sufficient time to review them before the meeting. Public comments submitted to the City Clerk after 12:00 pm on the day of the meeting will be provided to the City Council as time allows.

Written comments WILL NOT be read aloud during the City Council Meeting. Please note that written comments are posted on the City’s website, so do not include any personal information you do not want to be posted on the web.

SPECIAL/REGULAR MEETING
A special meeting of the City Council is called at 5:00 p.m. for the purpose of conducting a closed session.

SPECIAL MEETING

CALL TO ORDER

ROLL CALL ATTENDANCE

DECLARATION OF POSTING AGENDA

CLOSED SESSION
Threat to Public Services or Facilities
Authority: Pursuant Government Code Section 54957
Consultation with: Morgan Hill Police Department, Chief of Police Conference with Labor Negotiators
Authority: Pursuant Government Code Section 54957.6
City Negotiators: Christina Turner, City Manager; Donald Larkin, City Attorney; Michael Horta, Human Resources Director; Edith Ramirez, Assistant City Manager, Development Services
Employee Organization: Morgan Hill Police Officers Association; AFSCME Local 101 Morgan Hill; Community Service Officers Association; Employees Covered under Management Resolution #21-050

OPPORTUNITY FOR PUBLIC COMMENT

April 19, 2023
3 ADJOURN TO CLOSED SESSION

REGULAR MEETING
6:00 P.M.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PROCLAMATIONS
Proclaiming April 22, 2023, as Earth Day
Proclaiming April 16 - 23, 2023, as the Days of Remembrance of Victims of the Holocaust

PRESENTATIONS
YAC Presentation - Asset #9 - Service to Others

CITY COUNCIL REPORTS
Mayor Mark Turner

CITY MANAGER'S REPORT
New Hire/Retired Teammate Recognitions

CITY ATTORNEY'S REPORT

OTHER REPORTS

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

April 19, 2023
4 action on any item not appearing on the posted agenda. Public comment is intended for comments. Questions posed during public comment are not generally answered. If you have questions, please send them to the City Clerk at [email protected] to receive a response. (See additional noticing at the end of this agenda)

ADOPTION OF AGENDA

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

Time Estimate for Consent Calendar: 1 - 10 Minutes

1. ADOPT RESOLUTION AMENDING THE CITY’S COUNTYWIDE SOLID

WASTE BUDGET FOR ADMINISTRATION AND CONTRACTING SERVICES Recommendation:

Adopt resolution appropriating an additional $37,680 to the City's fiscal year 2022-2023 budget in the General Fund (010) and the Countywide Solid Waste Administration Fund (246).

2. APPROVE CONTRACT AMENDMENTS WITH PACIFIC UNDERGROUND

CONSTRUCTION AND WEST VALLEY CONSTRUCTION COMPANY,

INCREASING CONTRACT AMOUNTS FOR ON-CALL UNDERGROUND

CONSTRUCTION CONTRACTORS
Recommendation:

Authorize the City Manager to execute and administer contract amendments to Pacific Underground Construction, increasing compensation to $450,000, and West Valley Construction Company, increasing compensation to $300,000.

3. APPROVE THE APRIL 5, 2023 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the April 5, 2023 City Council meeting minutes.

4. APPROVE AGREEMENT WITH MONTEREY BAY OFFICE PRODUCTS INC.

FOR PURCHASE AND MAINTENANCE OF THE CITY'S MULTI-FUNCTION

PRINTERS
Recommendation:

1. Approve a Service Agreement with Monterey Bay Office Products, Inc. for $212,005.73 for the purchase, maintenance, and repair of the City’s multifunction printers (MFPs); and

April 19, 2023
5 2. Authorize the City Manager to execute and administer the Service Agreement with Monterey Bay Office Products, Inc. through June 30, 2028 with the option to extend five one-year periods.

5. AWARD 2023 INFLOW AND INFILTRATION SANITARY SEWER PROJECT Recommendation:

1. Approve 2023 Inflow and Infiltration Sewer Repair Project plans and specifications;

2. Award contract to Pacific Underground Construction for the 2023 Inflow and Infiltration Sewer Repair Project in the amount of $2,387,620;

3. Authorize expenditure of construction contingency funds not to exceed $250,000; and

4. Authorize the City Manager to execute and administer the construction contract with Pacific Underground Construction.

6. AWARD 2023 SIDEWALK REPAIR PROJECT TO VILLALOBOS &

ASSOCIATES
Recommendation:

1. Award contract to Villalobos & Associates in the amount of $123,760.50; and authorize the expenditure of 40% construction contingency funds not to exceed $49,504.20 for a total authorization of $173,264.70; and

2. Authorize the City Manager to execute and administer that certain construction contract with Villalobos & Associates.

7. RATIFY CITY POSITIONS ON PENDING LEGISLATION
Recommendation:

1. Ratify the City’s position on pending legislation, Assembly Bill 1708 (Muratsuchi) Theft;

2. Ratify the City’s position on pending legislation, Assembly Bill 480 (Ting) Surplus Land; and

3. Ratify the City's position on pending legislation, Senate Bill 423 (Wiener) Land use: streamlined housing approvals: multifamily housing developments.

8. RECEIVE UPDATE REGARDING PAVEMENT REHABILITATION PLANNING Recommendation:

Receive update on pavement rehabilitation planning.

April 19, 2023
6 OTHER BUSINESS

9. APPROVE LEADERSHIP MORGAN HILL RENOVATION AND ART PROJECT

AT THE STAGE PICNIC AREA OF COMMUNITY PARK
Recommendation:

1. Approve Leadership Morgan Hill - Class of 2023 project for the renovation and installation of artwork at the Stage Picnic Area of Community Park; and

2. Delegate final approval of artwork to Leadership Morgan Hill and a subcommittee of the Library, Culture and Arts Commission.

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

ADJOURNMENT

April 19, 2023
7 NOTICE
Any documents produced by the City and distributed to the majority of the City Council less than 72 hours prior to an open meeting, will be made available for public inspection at the City Clerk’s Counter at City Hall located at 17575 Peak Avenue, Morgan Hill, CA, 95037 and at the Morgan Hill Public Library located at 660 West Main Avenue, Morgan Hill, California, 95037 during normal business hours. (Pursuant to Government Code 54957.5)

PUBLIC COMMENT
Members of the Public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in the foyer of the Council Chambers and deliver it to the Minutes Clerk prior to discussion of the item. You are not required to give your name on the speaker card in order to speak to the Council, but it is very helpful. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item of interest to the public, you may do so during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less.

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

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

City Council Policies and Procedures (CP 03-01) outlines the procedure for the conduct of public hearings.

Notice is given, pursuant to Government Code Section 65009, that any challenge of Public Hearing Agenda items in court, may be limited to raising only those issues raised by you or on your behalf at the Public Hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the Public Hearing on these matters.

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

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

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

April 19, 2023
8

1 CITY COUNCIL STAFF REPORT
MEETING DATE: April 19, 2023
PREPARED BY:

Tanya Carothers, Environmental Services Administrator
APPROVED BY: City Manager
ADOPT RESOLUTION AMENDING THE CITY’S COUNTYWIDE SOLID

WASTE BUDGET FOR ADMINISTRATION AND CONTRACTING

SERVICES

RECOMMENDATION(S)
Adopt resolution appropriating an additional $37,680 to the City's fiscal year 2022-2023 budget in the General Fund (010) and the Countywide Solid Waste Administration Fund (246).

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment
Advocating for Local, Regional, and State Legislative Initiatives 2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The purpose of this report is to provide the City Council with an opportunity to adopt a resolution appropriating an additional $37,680 to the City’s Countywide Solid Waste Program budget (Attachment 1).

In July 2021, City of Morgan Hill staff began providing Technical Advisory Committee (TAC) Administrator and Contracting Agent services for administering the work of the Recycling and Waste Reduction Commission (RWRC) Countywide Solid Waste Program. The County has retained the role of Fiscal Agent for these programs and is the entity authorized and responsible for collecting County solid waste fees as well as managing and reporting to the State on various Countywide solid waste planning efforts.

When the original Countywide Solid Waste Program budget was established for FY 2022/23, it was estimated that $334,506 would cover costs associated with City fulfillment of TAC Administrator and Contracting Agent services. However, having completed a full year of providing program administration services, City staff proposed a budget amendment to the RWRC to cover costs associated with a small increase in staffing resources, legal support, program supplies and services, and the program's share of City overhead costs associated with building services, IT services, and

1 insurance. The adjustment was proposed to enable the City of Morgan Hill to operate as the Administrator and Contracting Agent while retaining dedicated staffing, office space, and supplies and services as warranted for a program of this scope and scale. The proposed amendment to the RWRC budget to cover the additional items was $57,590, which increased the total RWRC budget for Administrator and Contracting Agent services to $392,096.

Currently, the City's adopted budget for fulfillment of TAC Administrator and Contracting Agent services is $354,416. This amount includes building services, IT services, and insurance, which are items that were not approved as part of the original RWRC budget, but which were approved as part of the amended RWRC budget. Appropriation of an additional $37,680 to the City's Countywide Solid Waste Program would increase funds to match the amount approved by the RWRC, bringing the City budget total to $392,096 for 2022/23.

Summary Table: 2022/23 RWRC and City Budgets for TAC Administrator and Contracting Agent Roles
ADOPTED RWRC Budget: TAC
Contracting Agent + TAC Administrator
$334,506
AMENDED RWRC Budget: TAC
Contracting Agent + TAC Administrator
+ Additional Budget, including Building/IT
Services & Insurance
$392,096
Total Approved RWRC Budget
Adjustment
$57,590
ADOPTED City Budget: TAC Contracting
Agent + TAC Administrator +
Building/IT Services & Insurance
$354,416
PROPOSED City Amended Budget: TAC
Contracting Agent + TAC Administrator
+ Building/IT Services & Insurance +
Additional Budget
$392,096
Total Proposed City Budget Adjustment $37,680
Staff recommends that the Council adopt the attached resolution (Attachment 1) appropriating $37,680 of additional funds to the City’s Countywide Solid Waste Program Administration and Contracting Agent budget to cover costs associated with the program that were not included in the original budget.

COMMUNITY ENGAGEMENT:

Not Applicable
The subject of this staff report is entirely administrative in nature and does not impact services directly provided to the Morgan Hill community. Given this, no community engagement was conducted prior to this meeting.

1 ALTERNATIVE ACTIONS:

The City Council could decline approval of the Resolution appropriating an additional $37,680 to the City’s Countywide Solid Waste Program budget. This would leave the City unable to fully cover costs for TAC Administrator and Contracting Agent services being provided through the Countywide Solid Waste Program.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City has not previously amended the budget that supports services for fulfillment of the Countywide Solid Waste Program Administrator and Contracting Agent roles.

FISCAL AND RESOURCE IMPACT:

As described above, there is currently $354,416 in the Countywide Solid Waste Services Program budget (010.5815) for fulfillment of the Administrator and Contracting Agent roles. The appropriation of additional funds in the amount of $37,680 to this budget will allow the City to fully cover services being provided as part of the Countywide Solid Waste Program. The additional $37,680 will be appropriated to 010.5815 via the attached resolution and budget scorecard.

As Fiscal Agent, the County is the entity authorized and responsible for collecting County solid waste fees. The City sends a Fund Transfer Request quarterly to the County to cover costs related to the City’s role as TAC Administrator and Contracting Agent as well as all contract costs. The City’s Fund Transfer Requests will be adjusted to cover the costs associated with the requested increased appropriation and there will be no net impact on the General Fund.

CEQA (California Environmental Quality Act):

Not a Project
The activities associated with this item are administrative activities that will not result in direct changes to the physical environment.

RESOLUTION NO. 23-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MORGAN HILL APPROVING AN AMENDMENT TO
THE CITY’S FISCAL YEAR 2022-2023 BUDGET IN THE
GENERAL FUND (FUND NO. 010) AND THE

COUNTYWIDE SOLID WASTE ADMINISTRATION FUND
(FUND NO. 246) TO APPROPRIATE $37,680.00 IN EACH

FUND, THEREFOR
WHEREAS, the City of Morgan Hill, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements for the benefit of the City; and WHEREAS, the reasons supporting this Resolution are set forth in detail in that certain City Council Staff Report entitled “Adopt a Resolution Amending the City’s Countywide Solid Waste Budget for Administration and Contracting Services” submitted for City Council consideration at its meeting of April 19, 2023, submitted to the City Council by the City Manager (the “Staff Report”), the contents of which Staff Report are incorporated herein by this reference; and WHEREAS, recommended amendments are needed and proposed to the City’s previously adopted Annual Budget for Fiscal Year 2022-2023 as set forth on Exhibit A to this Resolution, to appropriate the requisite funds to implement the actions authorized by this Resolution; and WHEREAS, the consideration by City Council of the adoption of this Resolution has been duly noticed pursuant to applicable laws and has been placed upon the City Council Meeting Agenda on the date set forth in the Staff Report, or to such date that the City Council may have continued or deferred consideration of this Resolution, and on such date the City Council conducted a duly noticed public meeting at which the City Council provided members of the public an opportunity to comment and be heard and considered any and all testimony and other evidence provided in connection with the adoption of this Resolution; and WHEREAS, the City Council determines that adoption of this Resolution is in the public interest.

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

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

Section 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the City’s previously adopted Fiscal Year 2022-2023 Budget, as the same has been amended to date, is hereby further amended in accordance with and as

City of Morgan Hill
Resolution No. 23-_____

reflected on Exhibit A attached hereto and incorporated herein by this reference; and
b. That the City Clerk is hereby authorized and directed to forward a copy of this Resolution to the City’s Finance Director, who is hereby authorized and directed to take all actions necessary to implement the terms of this Resolution pertaining to the Fiscal Year 2022-2023 Budget of City.

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

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Morgan Hill at its meeting held on this 19th day of April 2023 by the following vote:

AYES: COUNCIL MEMBERS: None
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED: ATTEST:
___________________________________ _______________________________ MARK TURNER, Mayor MICHELLE BIGELOW, City Clerk
— CERTIFICATION –
I, Michelle Bigelow, City Clerk of the City of Morgan Hill, California, do hereby certify that the foregoing is a true and correct copy of Resolution No. 23-_____ adopted by the City Council at the meeting held on the 19th day of April 2023.

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

DATE: _____________________ ___________________________________ MICHELLE BIGELOW, City Clerk

EXHIBIT A

BUDGET SCORECARDS

AGENDA BUDGET SCORECARD
FISCAL YEAR 2022‐2023
ADJUSTMENT # 007
FUND: 246 Countywide Solid Waste Administration
DEPARTMENT: 5820 Countywide Solid Waste Administration
OBJECT: 49210 TRANSFER OUT‐010 (GENERAL FUND)
AGENDA DATE: 04/19/23
AGENDA ITEM TITLE:
07/01/22 06/30/23

AUDITED PROJECTED

BEGINNING AMENDED ENDING
FUND ESTIMATED APPROPRI‐ FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET            129,862         1,628,603         1,596,732              161,733 CUMULATIVE REVISIONS PRIOR ‐                      ‐                      ‐                      ‐

TO RECOMMENDED ACTION
RECOMMENDED ACTION               57,590               37,680                19,910 RESULT OF RECOMMENDED ACTION            129,862         1,686,193          1,634,412             181,643 Countywide Solid Waste Program Budget

AGENDA BUDGET SCORECARD
FISCAL YEAR 2022‐2023
ADJUSTMENT # 006
FUND: 010 General Fund
DEPARTMENT: 5815 Countywide Solid Waste Administration
OBJECT: 42299 OTHER EXPENSE
AGENDA DATE: 04/19/23
AGENDA ITEM TITLE:
07/01/22 06/30/23

AUDITED PROJECTED

BEGINNING AMENDED ENDING
FUND ESTIMATED APPROPRI‐ FUND

BALANCE REVENUES ATIONS BALANCE
ORIGINAL BUDGET     33,685,888       50,511,569     55,830,094      28,367,363 CUMULATIVE REVISIONS PRIOR ‐                                    53,795                ‐                      53,795

TO RECOMMENDED ACTION
RECOMMENDED ACTION               37,680               37,680    ‐ RESULT OF RECOMMENDED ACTION      33,685,888     50,603,044       55,921,569      28,367,363 Countywide Solid Waste Program Budget

2 CITY COUNCIL STAFF REPORT
MEETING DATE: April 19, 2023
PREPARED BY:

Chris Ghione, Public Services Director
APPROVED BY: City Manager

APPROVE CONTRACT AMENDMENTS WITH PACIFIC

UNDERGROUND CONSTRUCTION AND WEST VALLEY

CONSTRUCTION COMPANY, INCREASING CONTRACT AMOUNTS

FOR ON-CALL UNDERGROUND CONSTRUCTION CONTRACTORS

RECOMMENDATION(S)
Authorize the City Manager to execute and administer contract amendments to Pacific Underground Construction, increasing compensation to $450,000, and West Valley Construction Company, increasing compensation to $300,000.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Enhancing Public Safety
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
REPORT NARRATIVE:

In September 2021, the City entered into contracts with West Valley Construction Company and Pacific Underground Construction to provide on-call underground construction work. Both companies have provided work for the City, including emergency response to utility repairs and emergency response work related to landslides caused by the recent large storms. The support of these companies has been extremely valuable in supporting quick repairs to emergency situations. However, due to a significant water line break and immediate storm system repairs, the contracted amounts are near the contract limits, with additional emergency repair work needed to continue. The City will seek compensation for this storm-related work through our insurance carrier and FEMA.

To undertake emergency repairs while at the same time ensuring the best value for the City, the City requests cost estimates from both on-call contractors prior to initiating work when possible. Pacific Underground Construction has a current contract amount of $50,000, and the City is requesting an increase to $450,000. Pacific Underground Construction has regularly provided the lowest-cost quotes for repair work. West Valley Construction Company has a current contract of $150,000, and the City is requesting an increase to $300,000. It is not anticipated that either contract limit will be fully utilized, but the higher contract amount for both will ensure the City can continue to get

2 competitive quotes from both companies for future work without going over the contract amount for either. This would also provide the City with additional protection should significant emergency situations arise again.

COMMUNITY ENGAGEMENT:

Not Applicable
Ongoing maintenance of City infrastructure, including emergency response, is an expected service provided by the City.

ALTERNATIVE ACTIONS:

The City Council could choose not to amend the contract for one or both contractors.

This is not recommended as it would leave the City without emergency repair support.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The Council previously approved the initial on-call underground repair contracts on September 1, 2021.

FISCAL AND RESOURCE IMPACT:

A limited amount of anticipated repairs are budgeted annually. The City estimates storm-related repair work of approximately $200,000 for contract services is underway.

The City is attempting to obtain reimbursement for some or all of these funds through insurance and/or FEMA. Staff will return to the City Council to request a budget amendment if required in the future.

CEQA (California Environmental Quality Act):

Categorical Exemption
This project is Categorically Exempt pursuant to Section 15301 of CEQA Guidelines because the work to be performed is the repair of existing City infrastructure involving no expansion of existing use.

1 FIRST AMENDMENT TO AGREEMENT
PACIFIC UNDERGROUND CONSTRUCTION, INC.

This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and PACIFIC UNDERGROUND CONSTRUCTION, INC., a California Corporation ("SERVICE PROVIDER"), hereinafter referred to collectively as the “Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. The CITY and SERVICE PROVIDER entered into that “Maintenance Service Agreement” made as of September 16, 2021, for services for a maximum compensation of Fifty Thousand Dollars ($50,000.00) (“MAINTENANCE SERVICE AGREEMENT”). The MAINTENANCE SERVICE AGREEMENT is attached as Exhibit “1” to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 4.1 shall be amended and replaced in its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000.00) and shall be billed based on the rate and basis set forth in Exhibit B.”
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[Signatures on the next Page]

2 2. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

3. Conflicts. In the event of a conflict between the terms and provisions of this First Amendment to Agreement and the terms and provisions of the MAINTENANCE SERVICE AGREEMENT, the terms of this First Amendment to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
Michelle Bigelow, City Clerk Christina Turner, City Manager Date: Date:

APPROVED AS TO FORM: PACIFIC UNDERGROUND
CONSTRUCTION, INC.

Donald Larkin, City Attorney By:

Date: Title:

Date:

Print Name and Title of Signer.

If Corporate: Chairman, President or
Vice President
By:

Title:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6

MAINTENANCE SERVICE AGREEMENT
PACIFIC UNDERGROUND CONSTRUCTION, INC.

THIS AGREEMENT is entered into and becomes effective on 9/16/2021 (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Pacific Underground Construction, Inc. a California corporation ("SERVICE PROVIDER") hereinafter referred to collectively as "Parties." In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on September _Qi_, 201.1._.

2. Ter_m of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until August 30, 2023 at which time SERVICE PROVIDER'S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum of three one-year extensions.

Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by SERVICE PROVIDER shall be Water and Sewer Repairs as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. Amount. $50,000.00. Total compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed Fifty Thousand dollars and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for each subsequent extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the immediately preceding prior year of service.

4.2. Billing. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by SERVICE PROVIDER on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY's judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

5. Termination. CITY or SERVICE PROVIDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, 1 Updated: January 2021
EXHIBIT 1

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 SERViCE PROVlDER shall subm1t to CITY an itemizecl statement of services performed for which compensation has not been paid. CITY may require SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession without additronal compensation to SERVICE PROVIDER. The City Mana£jer js authorized to terminate this Agreement, in whole or in part, on behalf of CIT)'_
5-1. Non"'Appropriations. Notwithstanding anything con1ained in this Agreement to the contrary, if insufficient funds are appropr'iated, or funds are otherW1se unavailable in the budget for CITY for any reason whatsoever in �ny fisca'I year, for payments due under thi$ Agr¢ement, CITY Will immediately notify SERVICE PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

5.2. ·remporar:y Suspension of Setvices. CITY'S need for services may b.e suspended due to unforeseeable or una,voidable circumstances beyond its control. Such circumstances include; but are not limited to; earthquake, fire, explosion, flood or other natural catastrophe; gtwernmental Jegislation, condemnation, acts, orders, or regulation; war or acts of terrorism; strikes or labor difficulties; and quarantine, epidemic, or pandemic. CITY shall provide a � days' written notice or less under urgent circumstances to temporarily suspend services at specific CITY facilities. CITY reserves the right to request which CITY facilities are to be serviced or not serviced due to unforeseeable or unavoidable circ;umstances; and the level of service at each CITY facility. Upon suspension, SERVICE PROVIDER shall submit to CITY an itemlzed statement of services performed for which compensation has not been paid up to the date of the suspension. No further payments will be made for services provided after the date of the suspension. CITY shall provide 5 days' written notic;:e w,hen the circumstances for the suspension of specific facilities' services are removed for SERVICE PROVIDER to commence providing services.

6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified rnembf?rS of SERVICE PROVIDER'S profession. By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local !aws. SERVICE PROVIDER shall perform ail work and servjces under this Agreement in conformance with the tim$ schedule set forth on Exhibit c, ''Schedule of Performarice;"' attached hereto and incorporated herein by this reference. The City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER's equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER Will first obtaln the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER's sole risk.

7. Hazardous Materials. Without limiting any other requirement or obligation of SERVICE PROVIDER under this Agreement, if SERVICE PROVIDER needs to use any material or chemical considered to be a hazardous material under any federal, state or local law, regulation or policy, SERVICE PROVIDER agrees to fully and timely abide by and comply wlth all law�. regulations and policies pertaining to the use, transport, removal, handling, disposal or other activity related to any and all such materials or chemicals. Prior to commencement of work or services under this Agreement, SERVICE PROVIDER shall provide CITY with a complete list of the hazardous materials SERVICE PROVIDER reasonably anticipates it may need to use to 2 Updated: January 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.

8. Insurance Reguir�ments. SERVICE PROVIDER shall procure and provide proof of the insurance coverage required by this section in -the form of certifieqtes and endorsements. THfl re.quired insurance must cover the activities of SERVICE PROVIDER, including its subcontractors, employees and agents, relating to or arising from the performance of any work or servipe under this Agreement, and must remain in full force and effect �I r,1II limes during the period covered by this Agreement. The covereges rrnw be arranged under a single policy for the full limhs required or by a combination of underlying policies with the bal�nce provided by excess or 'iurnbrella" policies, provided each such policy complies with the requirem�nts set forth herein.

Any deductibles or self-lnsured retentions must be declared to and approved by City. SERVICE PROVIDER further understahds that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days' notice provided to SERVICE PROVIDER, at any time a$ deemed necessary to protect the interests of CITY.
8, 1. Insurance Types and Amo�nts.

8.1.1. Commercial Genera! Liability {CGL). SERVICE PROVIDER shall maintain CGL against clairns and liabilities for personal inj.ury, death, or property damage providing protection in the minimum amount of: (i) one million dollars ($1,000,000.00) combined single limit for any one accident or occurr1:1nce, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella'' policies), whichever is gre�ter.

8.1.2. Automobile Liabilitv, S�RVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVlOER shall m13intain Hired/Non-owned Automobile Liability) against clairns 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 for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

8.1,3. Workers' Compensation Insurance and Employer's Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: 0) one million dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella'' policies), whichever is greater. If SERVICE PROVIDER is self-insured1 SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

8.1.4, Pollution (Environmental} LiabiHt�- If the performance of SERVICE PROVIDER's work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazar�ous materials, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER'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 3 Updated: January 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 materials. Such coverage shall be in the minimum amount o'i; (1) one million dollars ($1,000,000.00) far any one accident or occllrrence, or (ii) the maxirnum amount of such i surance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella" polioles), whichev�r is greater.
8, 1.5. Professional Liability.

8.1.5.1. If the performance of SERVICE PROVIDER's work or service under this Agreement involves professional and/or technical services (examples include1 but are not limited to, architects, engineers, land surveyors1 and appraisers), SERVICE PROVIDE!R shall procure and maintain either a claims made or occurrence Errors and Omission liability insurance in the minimum amount of: {i) one million dollars ($1,0001000.00) each claim, or (ii) the maximum amount of such insurance available fo SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or '!umbrella" policies), whichever is greater. Further, if SERVICE PROVIDER maintains a c!airns-made policy, SERVICE PROVIDER shall provide written evidence of such insurance to CITY for at least five (5) ye�rs after the completion of work performed under this Agreement.

81.5.2. If the performance of SERVICE PROVIDER's work or service wnder this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, $Oftware designers, hardware engineers, or other systems consultants), SERVICE PROVIDER. shall procure and maintain a claims made Errors and Omission liability insurance, lncluding Cyber Liability and Data Breach, in the minimum amount of: (i) one million dollars ($1,000,000.00) ec1ch claim, or (ii) the maximum amount of such. insurahce available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies {including any excess or 1 'umbrella" policies), whichever is greater.
8, 1.6. Sexllal Abuse/Molestation Liability {SML}: lf the performance of SERVICE PROVIDER's work or service under this Agreement involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the m1nilnum amount of: {i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such 1nsurnnce available to SERVICE PROVIDER under SERVlCE PROVIDER's combined insurance policies (including any excess or "umbrella" policies), whichever is greater.

8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for �ach policy for which endorsements are required, as outlined below:

8.2.1. General Liability and pollution liability (when pollution liability applies}.

8.2.1. 1. The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds;

8.2.1.2. The insurer waives the right of subrogation against the City of Morgan Hlll and CITYs elected or appointed officials, boards, agencies, officers1 agents, employees, and volunteers; and,

8.2.1.3. Insurance shall be primary non-contributing.
4 Updated: Jariu;iry 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6

8.2 .. 2. Workers Compensation_.

If the performance of SERVICE PROVIDER'S work or service Linder this Agreement involves acce�s to or activity on any property or premises owned or occupied by the CITY, including1 but not limited to1 SERVICE PROVIDER'S presence during site visits and meetings, then insurer waives the right -0f subrogation against the City of Morgan Hill and the CfTY's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

8.3. Qualification of Insurers. All insurc:!nce required pursuant to this Agreetnerit must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current AM. Best's flhanclal strength rating of "A" or better and a financial slze rating of "VW or better.

BA. Ce_rtificates. SERVICE PROVIDER shall furnish CITY with copies of all certificates as outlined herein, whether new or modified, promptly upot1 receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly fumish CITY of Morgan Hill With copies of all policies outlined herein. No policy subject to Sf:RVICE PROVIDER's agreement with CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A '
1material change'' is a change that results in non-compliance with any insurance requirements in this section 8. Certificates, inclucJing renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address �rovided herein.

Certificate Holder address:

City of Morgan Hill
Attn: Ri$k Management
17575 Peak Avenue
Morgan Hill) CA 95037

9. Non-Liability of Officials and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement. 1 O. Compliahce wjth Law.

10.1. S�RVICE PROVIDER and its officers, employees, agents, and subcontractors shall comply with all applicable laws1 ordinances, administrative regulations! and permitting requirements in carrying out their obligations under this Agreement. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

10.2. \Mthout limiting the provisions of Section 10.1 abovei each worker petionning work under this Agreement shall 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 httt2_;//www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates at the Worksite. Pursuant to Labor Code Section 1775, SERVICE PROVIDER and any Subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage 5 Updated: January 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 rate, SERVICE PROVIDER shall also pay each worker the difference between the applicable prBvailing wage rate and the amount actually paid to that worker.

10.3. DIR Registration. CITY will not accept a Bid Proposal irom or enter into a contract with a SERVICE PROVIDER, without first receiving proof to the satisfaction of CITY that SERVICE PROVIDER and its subcontractors are registered with the California Department of Industrial Relations to perform public. work under Labor Code Section 1725.5, subject to limited legal exceptions. Under Labor Code section 1771 .41 this Agreemeht is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

10.4. Compliance with Wage and Hour Laws: SERVICE PROVIDE;R, and any subcontractor it employs to complete work under ·this Agreement, shall comply with all applicable federal, state and local wage and hour lc1ws. Appliepble laws may include, bui 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 exhausti;d 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 SERVICE PROVIDER and/or its Subcontractors: BY SIGNING THIS AGREEMENT, Sl=RVICE PROVIDER 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 SERVICE PROVIDER OR ITS SUBCONTRACTOR($) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. SERVICE PROVIDER FURTHER AFFIRMS THAT IT OR ITS SUBCONTRACTOR{S) HAS SATISFIED AND COMPLIED WITH - OR HAS REACHED AGREEMENr WITH THE CITY REGARDING THE MANNER JN WHICH IT \IVILL 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 governmeht agency issues a final Judgment, decision or order finding that SERVICE PROVIDER or any subconttactor it employs to perform work under this Agreement has violated any applicable wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER 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.

SE:RVICE PROVIDER 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 satisfyjng the final judgment, decision or order, CITY reserves the right to require SERVICE PROVIDER 1o enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City's Right to Withhold Payment: Where SERVICE PROVIDl::R or any subcontractor it employs to perform work under thls Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, CITY reserves the right to withhold payment to SERVICE PROVIDER until such judgment, decision or order has been satisfied in full.
6 Updated: ja:nuary 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 Material Breach: Failure to comply with any part of this Section constitutes a material breach of 1his Agreement. Suen breach may serve as a basis for immediate tertnination 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 1he 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 reql,lirements in this Section.

11. lnd�pendent Contractor. SERVICE PROVIDER is an independent contractor and not an agent or employee of CITY.

12. Confidentiality. All data, documents, or other infom1ation recelved by SERVICE PROVIDER from CltY or prepared in connection with SERVICE PROVIDER'S services under this Agreement are deemed confitjentiai and shall not be disclosed to cmy third party by S!::RVICE PROVIDER without prior written consent by CITY.

13. Conflict of lnterei:;t and R�morting. SERVICE PROVIDER shall at all ,irnes avoid conflic\ of interest or appearance of conflict of interest in performance of-this Agreement.

14. Notices. Ali notices shall be personally delivered or mailed, via first class mail to the below listed addres$. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of SERVICE PROVIDER is as follows:

Pacific Underground Construction, Inc.
1817 Stone Avenue
San Jose, CA 95125
Address of CITY is as follows:

Utilities Division
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City bf Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

15. Licenses, Permits and Fees. SERVICE PROVIDER shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the federal, state and local government.

16. Service Provider's Pro(!OSal. If applicable, this Agreement shall include SERVICE PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern, Ill
Ill
7 Updated: Jam1ary 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CDDE226A8BF6 Maintenance of Records.
'17.1. Maintenance. SERVICE PROVIDER shall prepare, rnaihtaln, and .preserve all reports and records that may t:ie reqWred by federal, state, anc! CITY rules and ordinances related to services provided under this Agreement. SERVICE PROVIDER shall maintain records for a period cf at least 3 years after receipt of final p�yment under this Agreement. If any litigation; claim, negotiation1 audit exception, or other action relating to this Agreement is penoing at the end of the 3-year period, then SERVICE PROVIDER shall retain said reccrdJ; until such action is r-esolved.

17.2. Access to and Audit of Records. CITY shall have the right to �xamine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER and rts subcontractors related to services under this Agreement. Pursuant to Governrnent Code Section 8546. 7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement rnay be subject, at the request of CITY or as part of ,any audit of CITY, to the examin�tion and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.
17 .3. Ownership of Work Product. All dqcuments or other information developed or received by ,SERVICE PROVIDER for work performed under this Agreement shall be the property of CITY.

SERVICE PROVIDER shall provide CITY with copies of these items upon de111and or upon termination of this Agreement.

18. Familiarity with Work By executing this Agreement, SERVICE PROVIDER represents that: (1) it has investigated the work to be performed;· (2) it has investigated the site of the work and is aware of all conditions there; and (3) it UhdE?rst�nds the difficulties and restrictions of the work under this Agreement.

Should SERVICE PROVIDER discover any ,conditions materially differing from those inherent in the work or 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.

19. Time of Essence. Time .is of the essence in the performance of this Agreement 20, No Assighment. Neither this Agreement nor any portlon shall be assigned by SERVICE PROVIDER, without prior written consent of CITY. Any attempted assignment not first approved by CITY shall be void antj, at CITY's option, shall terminate this Agreerpent 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 awf!rd 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, agenci�s . .officers, agents, employees, and volunteers ("INDEMNITEES") from and against any and all claims, liabllities, expenses, liens, or damages of any nature, including liability for boclily 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 8 Updated: J,rnuary 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 contained in this Agreement by SERVlCI!: PROVIDER, and/or its agents, officers, employees, subcontractors, or independent contractors (''CLAIM").

22.2. Excegtions. SERVICE PROViDER is not required to indemnify INDEMNITEES agaln�t 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 b� insurance. The indemnity, defense and hold harmless provisltms of this Agreement apply to all CLAIMS alleged against an lNDEMNITEE, regardless of whether any insurance policies are applicable. Policy limits do not act as a limitation upon the amount cf Indemnification or defense to be provided by SERVICE PROVIDER.

22.4. Hight to Offset. CITY shall have the right to offset against any compensation due SERVICE PROVIDER under this Agreement any amount due CITY from SERVICE P�OVIDER as a result of Sl::RVICE PROVIDER1
s failure to pay CITY promptly any indemnification ari_sing under this Section (22) and any �mount due CITY from SERVICE PROVIDER arising from SERVICE PROVlDER's failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) 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 Code Section 2778. It is expressly under.stood and agreed that the obligation of SERVICE PROVIDER to indemnify the INDEMNITEE shall be as broad and inclusive as permitted by the law$ of the State of Califqrnia and shall survive termination of this Agreement.

23. Entire Agreement: Modificationj 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 9ny provision contained in an exhibit to this Agreement.

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.

25. lntere@tation. This Agreement is a negotiated document and shall be deemed to have been drafted jointly by 1he 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 ot the Parties including, but not limited to1 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 _ Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally. 9 Updated: J�nuary 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6

28. Authorlty 1o Execute. Those individuals who are s.igning this Agreement on behatf of entities represent and warrant that they are. respectively, du!y authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.

IN WITNESS THEREOF, these Parties have executed this Agreement on the da>' and year shown below.

AS SET FORTH IN CA- CORP. CODE § 3·13, TWO SIGNATURES ARE: REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE SOARD, PRESIDENT, OR VICE PRESIDl;NT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

ATTEST:

Michelle Bigelow
Print Name
Date: 9/16/2021
APPROVED AS TO FORM:

DocuSlgned by:
l_l,o.tl.,.,_.,.j.,,...14,'-----------­
tt&rrey
Donald A. Larkin
Print Name
Date: 9/7/2021
423419
Contractor's License Nurnber(s) (if applicable)
Expiration Date(s) 5/31/2022
Seal:

CITY OF MORGAN HILL
fll_ u;;: bytVYW.¥ :slina J. Turner
Print Name
Date: 9/16/2021
Pacific Underground Co struction, Inc.
�/.uJf'fu'7
By:

Thad Michael Corbett, Vice President
Print Name and Title of Signer.
ff Corporate: Chairman, President or
Vice President
Date:
. r;;::;si. 2, 2021
::tJuli --::)
By:

Dean Romeo, Treasurer/CFO
Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer or
Assistant Treasurer
Date: August 2 2021
1000007603
Contractor's DIR Registration Nurnber(s) (if applicable) Expiration Date(s) 6/30/2022
IJ;\1.eg;;I Forms\Consultanl Agreerr,er,lslCity M;11nt�nance Se;n/ice Agreemen\.Doex 10 Updated: January :2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6

EXHIBIT A

SCOPE OF SERVICES
This project is to provide water and sewer repairs on an on-call, as-needed, time-and-materials basis for a period of two (2) years with the option for three (3) additional sjngle year extensions.

Any tasking shall be initiated solely by the City. Execution of this agreement by the City does not in any way guarantee that any tasking or request for on-call services win be issued to ahy party.

Moreover, execution of this agreemeht by the City shall not entitle contracted parties to any form of payment or compensation from the City without first having issued tasking or reque�t for services from a contractor.

Typical work to be performed under this contract includes repair of water service leaks, water main leaks, hydrant repair, valve replacement, waier service replacement, meter installation, sewer main repairs, sewer lateral repair, manhole repair or installation, backfill of excavations, compaction, and final paving Qf streets. From time to time the City may request service for a backhoe with operator andfor laborers to assist the City 1·epair crew, The Contractor also may be requested to do patch paving work. City staff and equipment will be made available for assistance with shutdowns and some activities.

The work to be performed undea- this contract consists of furnishing all tools, equipment, materials, supplies, and manufactured articles to complete the services as needed, It shall also include the furnishing of all transportation and services, including fuel, power, water, and essential cQmmunications, and for the performance of all labor, work, or other operations required for the fulfillment of the contract in strict accordance with the Contract Documents and City's Standard Details for Construction Standarct Details for Construction -Link currently in effect The Contractor may utilize the services of specialty subcontractors on those parts of the work t'hat, under normal contracting practices; are peliormed by specialty subcontractor. It is understood that at least 50 percent of the work to be performed shall be performed by the successful Contractor.

Any subcontractor used must adhere to the $ame terms and conditions as the successful contractor� The Contractor is representing to City that he/she and any subcontractor has all appropriate licenses, certifications, and registrations to perform the work tlereunder. The Contractor shall be fully responsible to the City for the performance of his/her subc0ntractors1 and of persons either directly or indirectly employed by them.

City Responsibilities
City's personnel will identify and assess specific projects or repairs. The City will notify Contractor of general locations requiring construction or repair, and a general description of the field conditions at repair locations, and materials to be provided by the City. The City's Project Manager or designated representative will direct the general process to be followed but shall not generally direct the means or methods to be used by the Contractor. The City will provide base maps or record drawings of facilities when they are requested and available. All work to be completed wUI be agreed upon prior to the commencement of work With a general scope of services. Drawings will l)e provided if applicable. The City will issue a written task order and attach the contractor's scope of work for projects that are not an emergency. Notification of residents whose service may be interrupted will be ttie responsibility of the City.

Contractor's Responsibilities
11 Updated: January 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 The Contractor will proYide a scope of work for each projact that is not an emergency. The scope of work will be the basis fpr the project and will serve as supplement to the contract documents for that particular project. The scope of work shall include a not to exceed amount for the project. The Contractor shall be responsible for providing the following to complete the services in a timely manner as outUned below;
" Qualified Labor
• Tools
� Equipmeht, including all necessary Safety Equipment
• Materials and Supplies
• Transportation
0 Services (includihg fuel, power, water, and communications) e Sheeting and shorl119 as required
;' Traffic control devices and measures
For an emergency repair the Contractor shall make every effort to begin the repair within four (4) hours of notifjcation that a repair is needed. Notification of the repair will made In the form of a phone call, The City is aware that the Contractor may have other commitments. The Contractor shall notify the City if they do not have the manpower to mobilize a crew to begin the repair within the allotted time. If the Contractor cannot mobilize the City will contact the other Contractor on the list. If none of the Contractors on the short list de1·.ived this solicitation can do the work within the time frame, the City reserves the right to seek assistance from another contracting firm.

Contractor is responsible for damage resulting from performing work and clean-up of effected area.

The Contractor shall incur these damage costs and not pass these charges to the City.

The Contractor shall be cautioned that the City has Asbestos Cement Pipe (ACP) in some areas of the water distribu�ion $ystem as well as the wastewater collection system. Some of the repairs may be on ACP lines, The Contractor and its employees shall be properly trained for working on these ACP lines. All current OSHA standards shall be followed.

As some of the infrastructure falls outside of City limits, the Contractor will have to obtain encroachment pennits, if needed, in the jurisdiction where the work is taking place.

Repair Standards
The Contractor is responsible for meeting all contract conditions and City's Standard Details for Construction (llnk on page 9), specifications, and drawings. If the City's Inspectors determine that any repair work is substandard, the Contractor shall be advised thereof orally and in writing, and shall redo all such work at the expense of the Contractor. The City's Project Manager and Inspectors will determine a time when the re-work is to be completed and re-inspect the repair to determine if the repair has been performed satisfactorily. The Contractor shall comply with a!I Federal, State, and Local safety rules and regµlations.

Materials and Supplies
At the time of notification, the City will provide the Contractor with a list of City supplied materials.

The Contractor is responsible for having a reliable supply chain in place to obtain, in a timely manner, all additional materials and supplies .needed for the required repair. All materials and supplies obtained by the Contractor for the work must be new and free from defects. There will be no mark-up or other cost charged to the City for materials and supplies used from the City's 12 Updated: January 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 inventory. The City will deliver small materials and fittlngs such as repair clamps, corp stops, etc. to the project site. Any bull( materials such as aggregate base, temporary asphalt paving, etc, provided by the City shall be picked up by the Contractor at the CiJy's Corporation Yard.

Disposal of Materials
All materials shall be disposed of in a manner that does not adversely affect the envirohtnent and is consistent with local, state, and federal laws and regulations, Response Sched�le
Emergency Repair - The Contractor will make every effort to begin emergency repairs Within the notification specified herein, or in accordance with a schedule approved by the City, Notification to the Contractor may be in the form of a telephone call, facsimile, or eMmailt depending on the urgency of the repair. The City reserves the rights, in its sole discretion, to require a more rapid response should it deem it to be necessary. A typical emergency repair will have a response time of four (4) hours. If repair cannot be started within this period, the City reserves the right to obtain the services of other Contractors.

Scheduled Repair - If -a scl1eduled repair cannot be started within twenty�four (24) hours of the City's scheduled time of repair, the Contractor shall provide the City accurate estimate of when work can start. The City will work with the Contractor i.n regards to other commitments the Contractor may have. How�ver, the City reserves the right to seek outside assistance from other Contractors if scheduling cannot be agreed upon and repairs are determined by the City, in its sole discretion, to be a$ required.

Physical Location of Underground Utilities
The City is responsible for providing all utility maps or record drawings to perform repairs.

Facilities Shown or Indicated - Unless lt is otherwise expressly provided in the section below, Protection of Existing Facilities, the City shall not be responsible for the accuracy or completeness of infonnation or data shown on the City's water and sewer system base maps or .any other utility information, and the Contractor snall have full responsibility for reviewing and checking all such information and data, for locating all Underground Utilities for coordination of the work with the owners of such Underground Utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the contract price. Existing utility line$ that are shown; or the locations of which are made known to the Contractor prior to excavation and that are to be retained, and all utility lines that are constructed during excavation operations shall be protected from damage during excavation and back-filling and if damaged, shall be immediately repaired by the Contractor excep , t as the owner of the utility or other facility may otherwise direct. All repairs due to damage are subject to inspection and approval by an authorized representative of the property owner before being concealed by backfill or other work. the obligations set forth In this paragraph and other paragraphs concerning underground work shall apply to such damage as may occur after backfilling or is not discovered until after completion of the back.filling.

Facilities Not Shown or Indicated - If an Underground Utility is uncovered or reve�led at or contiguous to the site which was not shown or indicated in the Citts water and sewer system base maps and not otherwise made known to the Contractor prior to excavation, which the Contractor could not reasonably have been expected to be aware of based on the pre�e11ce of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the repair, the 13 Updated; January L021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 Contractor shall identify the owner of such Under.ground Utility and give written notice thereof to the City in accordance with the requirements of the next section, Protection .of Existirtg Facilities. In the event that the Contractor damages any existing utility lines that are not shown or the locations of which are not made known to the Contractor prior to excavation, a written report thereof shall be made immediately to the City. If directed by the City, repairs shall be made by the Contractor.

To the extent required by Government Code section 4215, all costs of locating, repairing damage to, ahd removing or relocating such utmty facilities not shown or indicated, and for the necessary idling of equipment on the project which was actually working oil that portion of the work which was interrupted or idled by removal or relocation of such utility facilities not shown or indicated, which costs were not incurred due to the failure of the Contractor to exercise reasonable care, will be paid for as time and materials.

Protection of Existing Facilities
General - The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation.

Restoration shall be to the reasonable satisfaction of the City or to the affected utility or franchisee.

The Contractor shall verify the exact locations and depths of all utilities or improvements shown and the Contractor shall make exploratory excavations of all utilities or improvements that may interfere with the Work. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade .of the utility or improvement. The Contractor shall notify and obtain concurrence with City staff of that number of exploratory excavations, It shall be the Contractor's responsibility to see that all utiJities or other improvements are adequately protected from damage due to such operations. The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities. No additional compensation shall be provided the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care.

Right•of-Way - The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, telegraph, communication wire or cable, or electric transmission line; any fence; or any other structure, nor shall the Contractor enter upon the right-of-way involved until notified by the City's representative that the City has secured authority therefore from the appropriate authority. All oil and gasoline pipelines, power, and telephone or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the City are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable.

In case it shal1 be necessary to move the property of any public utility or franchise holder, the Contractor shall provide written and just cause for utilities to be moved, and such utility company or franchise holder will, upon request of the Contractor, be notified in writing by the City to move such property within a specified reasonable time. When utility lines that are to be removed are encountered within the area of operations, the Contractor shall notify the City's Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption of service. 14 Updated: JanuafY 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 This procedure is intended to prevent the Contractor from arbitrarily deciding to cut through any other utility's or any franchisee's fa(:Uities, It allows the City to coordinate such work with those agencies and set the timeline af)d sequence of such work. After authorization has been obtained, the Contractor shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for removing, shoring; supporting, or otherwise prot�cting such pipeline, transmission line, ditch, fence, or structure, and for replacing same. The Contractor shcJil provide such special protection as may be necessary to protect all known Utilities and other improvements that may be impaired during construction oper?tions and shall take all possible precautions for the prQtection ot unforeseen utility lines or other improvements to provide for uninterrupted service.

Utilities to be Removed/Relocated • Where the proper completion of the rep.air work tequires the temporary or permanent removal and/or relocation of an existing utility or othet improvement that is shown, the Contractor shall remove and, without unnecessary delay, temporarily replace or relocate such utility or facility. In all cases of such temporary removal or relocation, restoration to the former location shall be accomplished by the Contractor in a manner that will restore or replace the utility or improvement as nearly as possible to its former location and to as good or better condition than found prior to removal.

Restoration of P�vement:

A. General. .All paved areas, including asphalt concrete berms, cut or damaged during construction, shall be replaced with in accordance with the specifications of the public authority that has jurisdiction over the site of the work. The Clty of Morgan Hill and the County of Santa Clara own public right of ways within the City's service area. All temporary and permanent pavements shall conform to the requirements of the affected pavement owner. All pavements that are subject to partial removal shall be neatly saw cut in straight lines per specifications.

B. Temporary Resurfacing. Wherever required by the public authority with jurisdiction over the site of the work, the Contractor shall place temporary surfacing promptly after bacl{-filling and shall maintain such surfacing for the period of time fixed by said authority before proceeding with the final restoration of improvements.

C. Permanent Resurfacing. In order to obtain a satisfactory junction with adjacent surfaces, the Contractor shall comply with the applicable City or County Specifications, at its expense. The! City will pay for initial testing. Any required re-testing and correction costs will be the responsibility of the Contractor.

D. Restoration of Sidewalks or Private Driveways. Wherever sidewalks or private roads have been removed for purposes of construction, the Contractor shall place suitable temporary sidewalks or roadways promptly after back�fiUing and shall maintain them in satisfactory condition for the period of time fixed by the authorities having jurisdiction over the affected portions before proceeding with the final restoration or, if no such period of times is so fixed, the Contractor shall maintain said temporary sidewalks or roadways until tlie final restoration thereof has been made.

Final restor.atlons shall be in accordance with any applicable City and/or general construction codes.

Notification by the City- For routine repairs, the City shall notify Underground Service Alert (1-800- 642-2444) forty-eight {48) hours prior to any excavation in the vicinity of any existing underground facilities, including all water, sewer, storm drain, gas, petroleum prod4cts, or other pipelines; all 15 Updated: January 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 buried electric power, communications, or television cables; all traffic signal and street lighting facilities; and all roadway and state highway rights�of-way.

Facility Access
Continuous access to the City"s facilities shall be provided at all times during the Project. Such access shall be suitable for large Vehicles, e_g .. chemical delivery and sludge hauling trucks. Access routes shall be provided for each planned project.

Watet Quality Protection and Stormvvater Quality
The Contractor shall take ail necessary steps to protect the storm drain system from discharges of construction-related wastewater, including saw cutting slurry, concrete washout, sedimentcontaminated and runoff, sewage overflows, and highly-chlorinated discharges from water line testing. This will require the use of Best Management Practices (BIVIPs) such as providing sediment controls on downstream storm drain inlets, collecting and removing saw cutting slurry, providing an area for concrete washout1 and directing highly-chlorinated discharges to the sanitary sewer or by dechlorinating this water. The Contractor is responsible for damage resulting from performing repair and clean-up of effected area.

Trench Excavation
The maximum length of trench excavation iri advance of the pipe laying operation shall be 50 feet, and the maximum amount of trench remaining open without backfill shall be 50 feet. No trench in public areas shall be left open during periods when the Contractor 1s not at the site of work; trenches in these areas shall either be backfilled and temporarily paved, where applicable, or covered with steel trench plates as specified in the technical specifications, Underground Facilities
The Contractor shall exercise care in au excavations to avoid damage to existing underground facilities. This shall include potholing and hand digging in those areas where underground faciUties are known to exist until they have been sufficiently located to avoid damage to the facilities.

Prior to fabrication of any materials, the Contractor shall verify the locations and elevations of existing underground facilities to ensure proper connection and/or clearance.

The Contractor shall exercise care in maintaining those pipes and fapilities to be abandoned and/or removed which are required for the continuing operation of the existing facilities until such time as they can be abandoned. The Contractor shall exercise extreme caution in working in any area adjacent to existing facilities. It is essential that the existing facilities be maintained in service until the new work 1s ready for full time operation and is placed in service.

No additional compensation shall be provided the Contractor for compliance with the provisions of this section for the damage and repair of such facilities due to the lack of care, and the Contractor shall be responsible for the direct and indirect costs resulting from the damage and repair of such facilities.

Working Hours
16 Updated; Jam,ary 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 For Emergency Repairs working hours may be any day of the week at any time. The crews that respond to the emergency shall comply with applic�ble labor codes for hours worl1:ed.

For Scheduled Repairs normal City staff working hours are from 7:00 a.rn. to 3:30 p.m., excluding weekends and City holidays, Unless otherwise approved in writing by the City, repair work shall be allowed only between the hours of 7:00 a,m. and 8:00 p.m. on weekdays and, when approved in writing ih advance by the City, 9:00 a.m. to 6:00 p,m, on weekends and holidays. These working hours may be adjusted on a job by job basis depending on nature of the project and specific encroachment permit conditions for the project.

The Contractor shall notify the City at least 48 hours prior to any work 0utside the norm"I wor•�h1g hours defined above, on weekends or holidays.

Noise Abatement
All operations at the site of the repairs shall be performed so as to minimize unnecessary noise.

Special measures shall be taken to suppress noise during night hours. Noise levels due to Contractor's activities shall not exceed the levels specified by local ordinance. lnternal combustion engines used on the work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler.

Warranty and Scheduled Maintenance
The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, in those components provided, installed, replaced and/or modified by the Contractor, and pay for any damage to other works resulting from such def�cts, which becomes evident within one (1) year after the date of acceptance of installation work, or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Agreement. This warranty shall include all parts and labor and the performance of .all manufacturers' recommended maintenance. This in. no way shail limit, amend, or reduce any manufacturer's.warranty. The Contractor further assumes respom;ibility for a similar guarantee for all work and materials provided by subcontractor$. This warranty shall not apply to existing equipment that was not modified or significantly adjusted so as to change its operation.

The Contractor also agrees to indemnify, defend and hold the City harmless from liability of any kind arising from damage due to covered defects. Prior to the final acceptance of installation work, the Contractor shall provide phone numbers for around- the-clock notification of the need for emergency service repairs, a schedule showing specific dates for routine maintenance service calls.

The Contractor shall respond within four {4) hours ct City's emergency service call after receipt of notice frorn the City, and promptly make all repairs arising out of defective materials, workmanship, or equipmenL If a service response does not occur within four (4) hours, or diligent efforts are not made to effect repairs, the City will notify the Contractor (by fax or voice mail if no representative is available) of its intent to secure another service provider. Thereafter, the City is authorized to make such repairs, and the Contr'3ctor shall be liable for the cost thereof. In case of emergency, where, in tile opin1on of the City, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection t The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the City any and all information concerning product defects or other problems and shall promptly forward to the City any such information received, whether before, during, or after the warranty period. 17 Updated: January 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 Prior to the expiration of the warranty period, the City reserves the right to hold a meeting and require the attendance of the Contractor, The purpose of the meeting is to review warranties, bonds, and maintenance requirements; and determine required repair or replacement of defective items. 18 Updated: January 2021

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226ABBF6 cOMPMJV NAME: Pacific Underground Construction, lnc.

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
On-Call Services for Water and Sewer Repairs
This work is subject to prevailing wage. The hourly wages to be paid laborers, workers. or mechanics shall not be less than the DIR prevailing wage rates for an hour's work in the same trade or occupation in Santa Clara County. Prevailing wage rates are available on line at http://www.dir.ca.govLdlsr ..
oescrjt1tiQ1J Unit J::I.Q.Utl�ale

1. LABOR
a. Project Manager Hour $ 230.00
b. Foreman/Superintendent Hour $ 200.00
c. Equipment Operator Hour $ 1 75.00
d. Journeyman Hour $ 1 4Q.QQ
e. Laborer or Equivalent Hour $_J4.{LQ.Q_

2. EQUIPMENT
a. Boom Truck Hour $ 200.00
b. Service Vehicle (utility body pickup) or Hour �. 60.0Q Equivalent
c. Backhoe (Case 580E or comparable) Hour $ 1 00.00
d. Welder Hour $ 50.00
e. Compressor (150 cfm) Hour $ A5,0Q
f. 5 yd Dump Truck Hour $ 95.00
g. 24-ihch Vibratory Smooth Drum Roller Hour $ 35.00

3. MOBILIZATION AND DEMOBILIZATION

DocuSign Envelope ID: 93093200-AFC6-4A6O-9FBA-CD0E226A8BF6 IVlobiliiation and Demobilization

4. OVERHEAD AND PROFIT
Overhead and Profit

5. MATERIALS MARKUP
Materials Markup - Cannot exceed 25%

6. SUBCONTRACTOR MARl<U
Subcontractor Markup
_2g_% (Fill In)
15 % (Fill In)
25 ... % (Fill In)
10 % (Fill In)

DocuSign Envelope ID: 93093200-AFC6-4A6D-9FBA-CD0E226A8BF6 EXHIBrT C

SCHEDULE OF PERFORMANCE
This is ah on-call as needed agreement.

For each job under this agreement, the City will request a detailed task order proposal from the Contractor. The Contr�ctor proposal Shall include an itemized breal(down of hourry labor and equipment rates as well as all materials and material markup costs. The City's project manager will issue a notice to proceed if the proposal is accepted. The Contractor will issue an invoice at the completion of each task order, and shall include a detailed breakdown of a.II hourly charges for labor and equipment I materials, and material mark up costs.
20 Updated: January 2021

1 FIRST AMENDMENT TO AGREEMENT
WEST VALLEY CONSTRUCTION COMPANY, INC.

This FIRST AMENDMENT TO AGREEMENT is entered into and becomes effective on ______________________ (Effective Date), by THE CITY OF MORGAN HILL, a municipal corporation, ("CITY") and WEST VALLEY CONSTRUCTION COMPANY, INC., a California Corporation ("SERVICE PROVIDER"), hereinafter referred to collectively as the “Parties".

RECITALS
The following recitals are a substantive part of this Agreement:

1. This First Amendment to Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. The CITY and SERVICE PROVIDER entered into that “Maintenance Service Agreement” made as of September 16, 2021, for services for a maximum compensation of One Hundred Fifty Thousand Dollars ($150,000.00) (“MAINTENANCE SERVICE AGREEMENT”). The MAINTENANCE SERVICE AGREEMENT is attached as Exhibit “1” to this Agreement.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Amendments: All terms and conditions of the MAINTENANCE SERVICE AGREEMENT, as amended, as attached as Exhibit "1,” shall remain in full force and effect; except that the following amendments shall be made as set forth below:

A. Paragraph 4.1 shall be amended and replaced in its entirety by the following:
"4.1. Amount. Compensation under this Agreement shall not exceed THREE HUNDRED THOUSAND DOLLARS ($300,000.00) and shall be billed based on the rate and basis set forth in Exhibit B.”
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[Signatures on the Next Page]

2 2. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY.

3. Conflicts. In the event of a conflict between the terms and provisions of this First Amendment to Agreement and the terms and provisions of the MAINTENANCE SERVICE AGREEMENT, the terms of this First Amendment to Agreement shall govern and control.

TWO SIGNATURES ARE REQUIRED FOR CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2) SECRETARY, ASSISTANT SECRETARY, CHIEF FINANCIAL OFFICER, OR ASSISTANT TREASURER.

ATTEST: CITY OF MORGAN HILL
Michelle Bigelow, City Clerk Christina Turner, City Manager Date: Date:

APPROVED AS TO FORM: WEST VALLEY CONSTRUCTION
COMPANY, INC.

Donald Larkin, City Attorney By:

Date: Title:

Date:

Print Name and Title of Signer.

If Corporate: Chairman, President,
or Vice President
By:

Title:

Date:

Print Name and Title of Signer.

If Corporate: Secretary, Assistant
Secretary, Chief Financial Officer, or
Assistant Treasurer

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E

MAINTENANCE SERVICE AGREEMENT
WEST VALLEY CONSTRUCTION COMPANY, INC.

THIS AGREEMENT is entered into and becomes effective on 9/ 161
2021 (Effective Date), by
and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and West Valley Construction Company, Inc. a California corporation ("SERVICE PROVIDER") hereinafter referred to collectively as "Parties." In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. , City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on September, _Q.1_, 20_.g_1_.

2. .Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until August 30, 2023 at which time SERVICE PROVIDER'S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum of three one-year extensions.

Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by SERVICE PROVIDER shall be Water and Sewer Repairs as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. Amount. $150,000.00. Total compensation to SERVICE PROVIDER under this Agreement during its initial term. set forth in Section 2 above shall not exceed One Hundred Fifty Thousand dollars and shall be billed based on the rate and basis set forth in Exhibit B. "If the City Manager extends the term of this Agreement pursuant ·to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for each subsequent extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the immediately preceding prior year of service.

4.2. Billin.9.. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by SERVICE PROVIDER on a monthly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY's judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

5. Termination. CITY or SERVICE PROVIDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, 1 Updated: January 2021
EXHIBIT 1

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1F115F5F4A0E SERVICE PROVIDER shall submit to CITY an itemized statement _of services performed for which compensation has not been paid. CITY may require SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession Without additional compensation to SERVICE PROVIDER. The City Manager is autho�iied to terminate this Agreement, in whole or in part; on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify SERVICE PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

5.2. Temporary Suspension of Services. CITY'S need for services may be suspended due to unforeseeable or unavoidable circumstances beyond its control. Such circumstances include, but are not limited to, earthquake, fire, explosion, flood or other natural catastrophe; governmental legislation, condemnation, acts, orders, or regulation; war or acts of terrorism; strikes or labor difficulties; and quarantine, epidemic, or pandemic. CITY shall provide a 5- days' written notice or less under urgent circumstances to temporarily suspend services at specific Cl.TY facilities. CITY reserves the right 1o request which CITY facilities are to be serviced or not serviced due to unforeseeable or unavoidable circumstances; and the •level of service at each CITY facility. Upon suspension, SERVICE PROVJDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid up to the date of the suspension. No further payments will be made for services provided after the date of the suspension. CITY shall provide 5 days' written notice when the circumstances for the, suspension of specific facilities' services are removed for SERVICE PROVIDER to commence· providing services.

6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be. performed by SERVICE PROVIDER in accordancewith professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of SERVICE PROVIDER'S profession. By delivery of completed work., SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. SERVICE PROVIDER shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated _ herein by this reference. The City Manager is auth9rized on behalf of CITY Jo modify the timeframes set forth on the Schedule of Performance within the term ol this Agreement. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER'S equipment at a CITY site While SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of the City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER'� sole risk..

7.. Hazardous Materials. Without limiting any other requirement or obligation of SERVICE PROVIDER under this Agreement, if SERVICE PROVIDER needs to use any material or chemical considered to be a hazardous material under any federal, state or local law, regulation or poficy, SERVICE PROVIDER agrees to fully and timely abide by and comply with all laws, regulations and policies pertaining to the use. transport, .removal, handling, disposal or .other activity related to any and all such . materials or chemicals. Prior to commencement of work or services under this Agreement, SERVICE PROVIDER shall provide CITY with a complete list of the hazardoLts m�teri�ls SERVICE PROVIDER reasonably anticipates it may need to use to 2 Updaled; January ;2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1F115F5F4A0E provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.

8. _ Insurance Requirements. SERVICE PROVIDER shall procure and provide proof of the, insurance coverage required by this section in the form of certifi cates and endorsements. The required insurance must
cover the activities of SERVICE PROVIDER, including its subcontractors, employees and agents, relating to or arising from the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. The coverages may be arrange9 under a singie policy for the full limits required or by a combination of underlying policies with the. balance provided by excess or ''umbrellan 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. SERVICE PROVIDER further unQerstands that CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days' notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the interests of CITY.

8.1. Insurance Types and Amounts.

8.1.1. Commercial General Liability (CGL). SERVICE PROVIDER shall maintain CGL against claims 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 for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella" . policies), whichever . is greater.

8.1.2. Automobile Liability. SERVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVIDER shall maintain Hired/Non-owned Automobile Liability) against claims 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 for any one accident _ or occurrence, or (ii) the maximum amount of such insurance _ available .
to SERVICE PROVIDER under S�RVICE PROVIDER's
combined insurance policies (including any excess or "umbrella" policies), whichever is greater.
s:1.3. Workers' Compensation Insurance and Employer's Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, in the minimum amount of: (i)' one million dollars ($1,000,000.00) for any one accident or occurrence, or'(H) the maximum amovnt·of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella" policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department-of Industrial Relations.

8.1.4. Pollution (Environmental) Liability. ff the performance of SERVICE PROVJDER's work 'or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER'S liability for bodily inj1,,1ry, property damage and environmental damage resulting from pollution and related cl�anup 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 3 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E materials. Such coverage shall be in the minimum amount of: (i) one miJlion dollars ($1,000,000.00) for any one accident or occurrence, or (ii) the maximum amount of ·such insurance available to SERVICE PROVIDER under SERVICE PROVIDER'S combined insurance policies (inc_luding any excess or "umbrella» policies), whichever ls greater.

8.1.5. Professional Liabilfty.

8.1.5.1. If the performance of .SERVICE PROVIDER's work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrella" policies), whichever is greater. Further, if SERVICE PROVIDER maintains a claims-made policy, SERVICE PROVIDER shall provide written evidence of such ·insurance to CITY for at least five (5) years after the c.ompletion of work performed under this Agreement.

8.1.5.2. If the performance of SERVICE PROVIDER's work. or service under th�s Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or "umbrellall policies), whichever is greater.

8.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER's work or service under this Agreement involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (induding aqy excess·or "umbrella" policies), whichever is greater.
-8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

8.2.1. General Liability and pollution liability (when pollution liability applies).

8.2.1.1. The City of Morgan Hill, its elected or appointed officials, boards, agencies., officers, agents, employees, and volunteers are named as additional insureds;

8.2 .. 1.2. The insurer waives the right of subrogation against the City of Morgan · Hill and CITY's elected or appointed officials, boards, agencies; officers, agents, empl.oyees, and volunteers; .and,

8.2.1.3. Insurance shall be primary non�contributing.
4 Updated'. January .2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E a.2.2. Workers Compensation.

If the performance of SERVICE PROVIDER'S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, SERVICE PROVIDER'S presence during site visits and meetings, then insurer waives the right of subrogation against, the City of Morgan Hill and the CITY's elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

8.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M. Best's financial strength rating of "An or better and a financial size rating of "VII" or better.

BA. Certificates. SERVICE PROVIDER shall 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, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to SERVICE PROVIDER'S agreement with CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A ''material change" is a change that results in non-compliance with any insurance requirements in this section 8. Certificates. including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

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

9. Non-Liability of Officiais and Employees of CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

10. Compliance with Law.

10.1. SERVICE PROVIDER and its officers, employees; agents, and subcontractors shall comply with all applicable laws; ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. SERVICE PROVIDER and its officers, employees, agents, andsubcontractors covenantthere shall be no discrimination based upori race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disabiHty, physical disability, medical condition, or ancestry, ·in any activity pursuant to this Agreement.

10.2. Without limiting the provisions of Section 10.1 above, each worker performing work under this Agreement shall 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 a-re available online at http://www.dir.ca.gov/dlsr. SERVICE PROVIDER shall post a copy of the applicable prevailing rates afthe Worksite. Pursuant to Labor Code Section 1775, SERVICE PROVIDER and any Subcontractor shall forfeit to CITY as a penalty up to two hundred dollars ($200.00) for each calenclar day, or portion thereo( for each worker paid less th.in the applicable prevailing wage 5 Updated: January ;2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E rate. SERVICE PROVIDER shall also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. 10:3. DIR Registration. CITY will not accept a Bid Proposal from or entet · into a contract with a SERVICE PROVIDER, without first receiving proof to the satisfaction of CITY that SERVICE PROVIDER and its subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions. Under Labor Code section 1771 .4, this Agreement is subject to compliance monitoring and .enforcement by the California Department of Industrial Relations.

10.4. Compliance with Wage and Hour Laws: SERVJCE PROVIDER, and any subcohtractor 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 Judgmehts, 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 Enforcement1 or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

Prior Judgments against SERVICE PROVIDER and/or its Subcontractors: BY SIGNING THIS

AGREEMENT, SERVICE PROVIDER 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 SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. SERVICE PROVIDER 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 lime during the term of this Agreement, a court or inve·stigatory government agency issues a final judgment, decision or order finding that SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER shall inform the City Attorney, no more than fifteen (15) days after thejudgment, decision or order becomes final or of learning of the final judgment, decision or order.

SERVICE PROVIDER and its subcontractors shall promptly satisfy and comply with any such judgment1 decision, or order, and shall provide the City Attorney with documentary evidence of compliance with the final judgment, decjsion or order within five (5) days of satisfying the final judgment, decision or order. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City's Right to Withhold Payment: Where SERViCE PROVIDER or any subcontractor it employs to perform work under this Agreement' has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government .agency, CITY reserves the right to withhold payment to SERVICE PROVIDER until such judgment, decision or order has been .satfsfled in full.
6 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E 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 provfded 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 an·d, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

11. lndependeht Contractor. SERVICE PROVIDER ,s an independent contractor and not an agent or employee of CITY.

12. Confidentiality. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER'S services under this Agreement are deemed confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by crrY.

1.3. Conflict of Interest and Reporting. s·ERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of int�rest in performance of this Agreement.

14. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address-of SERVICE PROVIDER is as follows:

West Valley Construction Company, Inc.
580 McGlincy Lane
Campbell, CA 95008
Address of CITY is as follows-:

Utilities Division
City of Morgan Hill
17575 Peak Avenue
Morgan Hi11 1 _CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

15. Licenses. Permits and Fees. SERVICE PROVIDER shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the fed�ral, state and local government.
16, Service Provider's Proposal. If applicable., this Agreement shall include SERVICE PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal .and this Agreement, this Agreement shall govern.

Ill
Ill
7 Updated: January 2.021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E

17. Maintenance of Records.

17.1. Maintenance. SERVICE PROVIDER shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. SERVICE PROVIDER shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, clairn1 negotiation, audit exception, or other action relating to this Agreementis pending at the end of the 3-yearperiod, then SERVICE PROV-I DER shc1II retain said records until such action is resolved.

17.2. Access to and Audit of Records. CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of SERVICE PROVIDER and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546. 7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the req1,.1est of CITY or as part of any audit of CITY, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

17.3. Ownership of Work Product. All documents or other information developed or received by SERVICE PROVIDER for work performed under this Agreement shall be the property of CITY.

SERVICE PROVIDER shall provide CITY with copies of these items upon demand or upon termination of this Agreement

18. Fammarity with Work .. By executing this Agreement, SERVICE PROVIDER represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

Shouid SERVICE PROVIDER discover any conditions materially differing from those inherent in the work or 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. 19, Time of Essence. Tirne 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 nolfirst 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, lts elected or appointed officials, boards, agencies, officers, agents, employee�, and volunteers ("INDEMNITEESn ) 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 8 Updated; January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1F115F5F4A0E contained in this Agreement by SERVICE PROVIDER, and/or its agents, officers, employees:. subcontractors, or independent contractors ("CLAIM").

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 apply to all CLAIMS alleged against an INDEMNITEE, regardless of whether any insurance policies are applicable. Policy_ limits do not act as a lim'itation upon the amount of indemnification or defense to be provided by SERVICE PROVIDER.

22.4. Right to Offset CITY shall have the right to offset against any compensatron dtie 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 PROVIDER arising from SERVICE PROVIDER's failure either to (i) pay taxes on amounts received pursuant to this .Agreement or (ii) 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 Code 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 agrl;!ement-executed by CITY and SERVICE PROVIDER. If the provisions contained in the main bol;ly 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

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 ofSanta Clara.

Any action or dispute arising out of this Agreement shall only be brol!ght in Santa crara County.

25. Interpretation. This Agreement is a negotiatec;I 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, buf not limited to, California Civil Coc;ie § 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 juris�iction to be invalid or unenforceal:Jle, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

27. Binding Agreement. Notwithstanding the provis1ons of Section 20 above, this Agreement shall bind any and all successors in interest, legal representativl;!s and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in ·interest, legal representatives o.r other pe.rmifted assignees or transfe�ees had entered info this Agreement originally. 9 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E

2.8. Authority to Execute .. Those individuals who are signing this Agreement on b�half of entities represent and warrant that they are, respectively, duly authorized to. sign on b_ehalf of th.e entities and fo bind the entities fully to each and all of the obligations set forth in this Agreement IN WITNESS THEREOF, these Parties have executed this Agteemerit on the day and year shown beloV>'.,
AS SET FORTH IN CA. CORP. CO0E § 313, TWO SIGNAiURES ARE REQUIRED FOR CALIFORNIA CORPORATIONS:
(1) CHAIRPERSON OF THE BOARD, PRESIDENT, OR VICE PRESIDENT; AND (2i SECRETARY, ASSISTANT SECRE:TARY, CHIEF FINANCIAL OFFICER OR ASSISTANT TREASURER.

Deputy City Clerk
Michelle Bigelow
Print Name
D.ate: 9/16/2021
APPROVED AS TO FORM:

IMil [email protected], (i
ocuSigned by:

Donald A. Larkin
Pri.ntName
Date:· 9/7 ;2021
Contractor's License N1.Jmber(s) (if appl!cable)
ExpirafionDate(s) _a,=· ,,_0_!l....._4#--1/_r,_� . ___ _ Seal:

CITY OF MORGAN HILL
w;.::."
�
Christina J. Turner
Print Name
Date: 9/16/2021
West Valle� Construction Company, Inc.

By:
�
PATRICK MrtLEl!l
. Ass1siANI Vim PRESIDENT
Print Name and Title of Signer,
If Corporate: Chairman; President or
Vice President
Date:

By:
-�
Date:
$�AP °e0'::0(1Wb� .. 5£..,d e�A{t 'r
Prlnt N::ime and Title .of gigner.

If Corporate: Secretary, Assistant
Secretary, . Chief Financial Officer or
Assistant T re·asurer
1000002493
Contractor's DIR Registration. Number(s) (ifapplicable) Expiration Date(s)
U:\Legal Forms.\CoosultanlAgreemerit&ICiJy Maintenance Service Agre.ement.Docx 10 Up<fale(j: Janua'ry 202.1

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E

EXHIBIT A

SCOPE OF SERVICES
This project is to provide water and sewer repairs on an on-can, as--needed, time-and-materials basis for a period of two (2) years with the option for three (3) additional single year extensions.

Any tasking $hall be initiated solely by the City. Execution of this agreement by the City does not in any way guarantee that any. tasking or request for on .. call services will be issued to any party.

Moreover, execution of this agreement by the City shall not entitle contracted parties to any form of payment or compensation from the City without f
i
rst having issued tasking or request for services
from a �ontractor.

Typical work to be performed under this contract includes repair of water service leaks, water main leaks, hydrant repair, valve replacement, water service replacement, meter instaHation, sewer main repairs, sewer lateral repair, manhole repair or installation, backfill of excavations, compaction, and final paving of streets. From time to time the City may request service for a backhoe with operator and/or laborers to assist the City repair crew. The Contractor also may be requested to do patch paving work. City staff and equipment will be made available for assistance with shutdowns and some activitie�.

The work to be performed under this contract consists of furnishing all tools, equipment, materials, supplies, and manufactured articles to complete the services as needed. It shall also include the furnishing of all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the contract in strict accordance with the Contract Documents and City's Standard Details for Construction Standard Details for Construction -Link currently in effect.

The Contractor may utilize the services of specialty subcontractors on those parts of the work that, under normal contracting practices, are performed by specialty subcontractor. It is understood that at least 50 percent of the work to be performed shall be performed by the successful Contractor.

Any subcontractor used must adhere to the same terms arid conditions as the successful contractor. The Contractor is representing to City that he/she and any subcontractor has all appropriate licenses, certifications, and registrations to perform the work hereunder. The Contractor shall be fuUy responsible to the City for the performance of his/her subcontractors, and of persons either directly or Indirectly employed by them.

City Responsibilities
City's personnel will identify and assess specific projects or repairs. The City Will notify Contractor of general locations requiring construction or repair, and a general description of the field conditions at repair locations, and materials to be provided by the City. The City's Project Manager or designated representative will direct the general process to be followed but shall not generally direct the means or methods to be used.by the Contractor. The City will provide base maps or record drawings of facilities when they are requested and available; All work to be completed will be agreed upon prior to the commencement of work with a general scope of services. Drawings will be provided if applicable. The City will issue a written task order and attach the contractor's scope of work for proje.cts that are not an emergency. Notification of residents whose service may be interrupted will be the responsibility of the City.

Contra�tor's Responsibilities
11 Updated: January 2.021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E The Con�rac�or will provide a·�cope of wor�Jor each project that is not an emergency'. The scope of work wjll.pe the ba�is for the project and wil� serve as supplement to the contract documents for that particular -project. The scope of work shall include a not to exceed amount for the project. The Contra�tor shall be responsible for providing the fol!oVJirag to complete th� services in a timely manner a� outlin�d bel9w:
• Qualified. Labor
• Too!s
·• !=q�ipmerit,.including all. necessary _ Si:lfe�y Equipment • Materials and Supplies·
• Transportation
• Se,rvices (:includit:,g fuel, power, water, and communjcations) • Sheetin•g and shoring as required
• Traffic contrpl devices and measures
For an emergency repair the Contractor shall make every effort to begin the repair within four (4) hours of notification that a repair is needed. Notification of the repair will made in 'the form of a· phone calf. The Giij is ���re tt,,at the Contractor· may have _other cominitments1 The Contractor shall notify the City if they do not have tile manpower to mobilize a crew·to begin the repair within the allotted time. If the Contractor cannot mobilize the City will contact the other Contractor on the list. If none of the Contractors on the short list derived this solicitation can do the work within the time frame, the, City "reserves the right t9 seek assistance from another contracting firm.,. .

Contractor is responsible for :ctamage resulting from performing wo.rk and clean�up of effected area:

The Contractor shail incur these damage _ costs �n� not pass tt:iese charges to the _City.

The Contractor shall be cautioned.that the City has Asbestos Cement Pipe (ACP) in some areas of the water distribution _ system as well as the wastewater collection system.. Some of the repairs· may be o� ACP iines. Tt:ie Cc>ntractor . a,n.d its employees �ha'II be properly 'trained for working on these ACP lines. All-current OSHA standards sh.all b.e followed.

As some of the infrastructure falls outside of City limits, the Contractor will have to obtain encroachment permits, if needed, in the jurisdiction where the work is taking place.

Repair Standards
The Contractor is responsible for meeting all contract conditions and City's Standard Details for Construction (link on page 9), specifications, and _ drawings. If the City's Inspectors determine that any repair work is substandard, the Contractor shall be advised thereof orally and in writing, and shall redo.all such work at the expense of the Contractor; The City's Project Manager and Inspectors will determine a time when the re-work is to be completed and re-inspect the repair to determine if the repair has been performed satisfactorily. The Contractor shall comply wjth all Federa!, State, and Local safety rules and regulations.

Materials and Supplies
At the time of notification, the City will provide the Contractor with a list of City supplied materials.

The Contractor is responsible for having a reliable.supply chain in place to obtain, in·atimely manner, all additional materials and supplies needed for the required repair. All m_aterials and supplies Qbtained by the Contractor for the work must be new and free from defects. There will be no mark;.up or other cost charged to the City for materials and supplies used from the City's 12 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E inventory. The City w!II deliver smc!II materials and fittings such as repair clamps, corp stops, etc. 'to the project �ite. Any bulk materials such as aggregate base, temporc1ry c1sphalt paving, etc. provided by the City shall be picked up by the Contractor at the City's Corporation Yard.

Disposal of Materials
.All materials shall be disposed of i.n a manner that . does not adversely affect the environment and is �onsistent wittl local, state, and federal laws an,d regulatic,ns. . .

Respons·e Schedule
Emergency Rep�ir - The ContractQr will make e'(ery effQrt to begin emergency repairs wi�hin the notification specified herein, or in accordance with a schedule approved by the City. Notification to the Ccmtractor may be in the form of a telephone call, facsimile, or e-mail, depending on the urgency of the repair. The City reserves the rights, in its sole discretion, to require c1 more rapi� response should it deem Jt to be necessa.ry: A typ'ical emergency repair will have a response time of four (4) hours. If repair cannot be· started within this period, the City reserves the right to obtain \he services of other Contractors.

Scheduled Repair - If a scheduled repair cannot be started within twenty-four (24) hours of the City's scheduled time of repair, the Contractor shall provide the City ,accurate esti�ate of when work can start. The City will V)IOrk �ith the Contrac . tor in regards to other commitments the Contractor may have. However, the City reserves the right to seek outside assistance from other Contractors if scheduling cannot be agreed upon and repairs are determined by the City, in its sole discretion, to· be as required.

Physical Location of UndergroUrid Utilities
The Cjty i� responsible for providing all utility maps or record drawings to perform repairs.

Facilities Shown or Indicated - Unless it is otherwise expressly provided in the section �elow, Protecti9n of Existing Facilities, the Caty shall not be responsibl� for the accuracy or COl!lpleteness . of information or data shown on the City's water and sewer system base maps or any other utility information, and the Con' tractor shall have full responsibility for reviewing and checking all such infc;,rmation and data, for locating all Underground Utilities for coordination of the work with the owners of suc'1 Underground Utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the work, the cost of which will be considered as having been included in the contract price. Existing utility lines that are shown, or the locations of which are made known to the Contractor prior to �xcavatjori and that are to be retained, and all utility lines that are constructed during excavation operations shall be protected from damage during excavation and back-filling and if damaged, shall be immediately repaired by the Contractor except as the owner of the utility c;,r other facility may othervvise direct. All repairs due to damage are subject to inspection and approval by an authorized representative of the property owner before being concealed by backfill or other work. The obligations set forth in this paragraph and other paragraphs concerning underground work shall apply to such damage as may occur after backfilling or is not discovered until.after completion of the back-filling.

Facilities Not Shown or Indicated - If an Underground Utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the City's water and sewer system base maps and not otherwise made known to the Ce>ntractor prior to excavation, which the Contractor could not reasonably have been expected to be aware of based on the_ presence of other visible facilities, such as buildi11gs, meter and junction boxes, on or adjacent to the site of the repair, the 13 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E Contractor shall identify the owner of such Undergroi.;lnd Utility and give written notice thereof to the City in accordance with the requirements of the next section, Pi:c;>tection Qf E�isting Facilities. _ In the event that the Contractor damages any existing : utility lanes that are not shown or the locations of yvhich are.not made knowri to the.Contractor prior to excavation, a written report thereof �hall be ma�e immectiately to the City. If direqted. by the City, repairs shall !:)e made �y tlie Confractor.

To the extent requirec;f by Government Code section 421 �. all costs _of locating, repairing damage' to, and removing or relocating ·such utili� facili�ies not shown or irdicated, and for the necessary idling of e:quipment on the pi:oject which was actually working on that portion of the work which was interrupted or idled by removal or relocation of such utility facilities not shown or indicated, which costs were not incurred due to the failure of the Contra.ctor to exerci$e _ reasonable �are, will be paicJ for as time and materials.

Protection of Existing Facilities
General - The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relQcated utilities and improvements to a c·ondition equal to or·better than they were prior to such damage or ternporary relocation._ Restoration shall be to tt1e reasonable satisfaction of the City or to ttie affected utility or franchisee.

The Coritra·ctor shall verify t�e exact locations and dept�s of all utilities or improvements shown and the Contractor shall make explor�tory excavations of all utilities or improvements that may interfere with the Work. The number of exploratory excavations required shall be that number which is sufficient to determine the alignment and grade of the utility or improvement. The Contractor shall notify and obtain concurrence with City �taff of t!,at number of exp· loratory excavations.

It shall be the Contractor's responsibility to see that ail utilities or other improvements are adequately protected from damage due to such _ operations. The Contractor shall exercise care in all excavations to avoid damage t� existing undergrou_nd facilities. This shall inc_ lude hand digging in those areas where underground facilities are known fo exist until they have been sufficiently located to avoid damage to the faci_lities. No additional compensation shall be provided the Contractor for compliance with the provi�1ons of this section or for the damage and repair of facili_ties due to the lack of such care.

Right-of-Way - The Cc;mtractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, t�legraph, communication wire or cable, or electric transmission line; any fence; or any other structure, nor shall the Contractor enter upon the right-of-way involved until notified by the City's representative tha, the City has secured authority therefore from the appropriate authority. All <;>ii and gasoline pipelines, power, and telephone or other communicatic;:,n cable ducts, gas and .water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power c[lnd communication wires and cables encountered along the line of the Work shall remain continuously in service during all the opera�ions u.nder the Contract; unless other arrangements satisfactory to the City �re made with -the owner of said pipelines, duct, main_, irrigation line, sewer, storm drain, pole, or wire or cable.

In case it shall be necessary to move the prop�rty of a11y public utility or franchise holder, the Contractor shall provide written and just cause for utilities to be moved, and such utility-company or franchise holder will, upon request -ofthe Contractor, b� notified in writing by the City to move such property within a specified reasonable time. When utility li�es that are to be removed are encountered within the area of .operations, the Contractor shall notify the City's Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption of service. 14 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E T'1is procedure is intended to prevent the Contractor frQm arbitrarily deciding to cut throµgh any other utility's or any franchisee's facilities. It allows the City to coordinate such work with those agencies and set the timeline a_nd, sequence of such wc;>rk:, After author . ization has been 0'3tained, the Contractor $hall give said party due notice of its_intention to begin work, and shall give said:
party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such pipeline, transmission line, ditch, fence, or ·structure, an<:I for replacing s1:1me. The Contractor.shall provide· such special protection as may be necessary . 10 protect all known utilities and other imprc;>vernents tha.t may be impaired during c�mstruction operations and shall take all possible precautions forttie protection·of unforeseen utility lines or other improvements . to provide for uninterrupted service.

Utilities to be Removed/Relocated - Where the proper completion of the repair work requires the temporary or permanent removal and/or _ reloca�ion of an existing utility or other improvement that is shown, the _Contractor shall remove and, wi_thout unnecessary delay, temporarily replace or relocate sLJch utility or facility. In all cases of such temporary removcll or relocation, restoration to the former location shall be accomplished by the Contractor in a manner that will restore or replace the !Jtility or improvement as nearly as possible to its former location and to as good or better c911dition than fo!,Jnd prior to removal.

Restoration of Pavement:

A. General. All paved areas, including asphalt concrete berms, cut or damaged during construction, shall be replaced with in accordance with the specifications of the public authority that has jurisdiction over the site of the \\'Ork. The City of Morgan Hill and the County of $anta Clara own public right of ways within the City's service area. All temporary and permanent pavements shall conform to the requirements of the affected pavement owner. All pavements that are subject to partial removal shall be neatly saw cut in straight lines per specifications.

B. Temporary Resurfacing. Wherever required by the public authority with jurisdiction over.the .site.of the work, the Contractor shall place temporary surfacing promptly after back-filling and shall maintain such surfacing fc;>,:- the perio<:I of time fixed by said authority before proce�ding with the final restoration of improvements.

C. Permanent Resurfacing. In order t9 obtain a satisfactory junction with adjacent surfaces, the Contractor shall comply with the applicable City or County Specifications, at its expense. The City will pay for initial testing. Any required re-testing and correction costs will be the responsibility of the Contractor.
·· ·
D. Restoration of Sidewalks or Private Driveways. Wherever sidewalks or private roads have been rei:noved for purposes of cons�ruction, the Contractor shall place suitable temporary sidewalks or roadways promptly after back-filling and shall maintain tttem in satisfactory condition for the period of time fixed by the authorities having jurisdiction over the affected portions before proceeding with the final restoration or, if no such period of times is so fixed, the Contractor shall maintain said temporary �idewalks or roadways .until the final restoration thereof has been made.

Final restorations shall be in accordance. with any applicable City and/or general cons'truction codes.
· ·
Notification by the City - For routine repairs, the City shall notify Underground Service Alert (1-800- 642-2444) forty-eight (48) hours prior to any excavation in the vicinity of any existing underground facilities, including all water, sewer, storm drain, gas, petroleum products, or other pipelines; all 15 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E buried electric power, communications, or television ca_bles; all traffic signal and street lighting fa¢ilities; and all roadway and stc1te highway rights-of-way, Facility Access
Continuous access to the City's facilities shall be provided at all times during the Project. Such access shall be suitable for large vehicles, e.g. chemical delivery and sludge h�uling trucks. Access roLJtes shall be provided_for each _ planned project.
. .

Water Quality Protection and Stormwate·r quality
The Contractor shall take all necessary steps to protect the storm drain system from discharges of construction-related wastewater, including saw cutting slurry, concrete washout, sedimentcontaminated and runoff, sewage overflows, and highly-chlorinated discharges from water line te$ting. This will require the use of Best Management Practices (BMPs) such as providing sediment controls on downstream storm drain inlets, collecting and removing saw cutting slurry, providing an area for concrete washout, and directing hi.ghly-chlorinated discharges to the sanitary sewer or by dechlorinating this water. The Contrac�or js responsible for damage resulting from performing repair and clean-up of effected area.

Trench Excavation
The maximum length of trench excavation in advance ohhe pipe laying operation shall be 50 feet; and the maximum amount of trench remaining open without backfill shall be 50 feet. No trench in public areas shall be left open during periods when the Contractor is not at the site of work; trenches in these areas shall either be backfilled and temporarily paved, where applicable, or covered with steel trench plates as specified in the technical spedfications.

Underground Facilities
The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall inch.�de potholing and hand digging in those areas where underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities.

Prior to fabrication of any materials, the Contractor shall verify the locations and elevations of existing underground facilities to ensure proper connection and/or clearance, The Contractor shall exercise care in maintaining those pipes and facilities to be abandoned and/or removed which are required for the continuing operation of the existing facilities until such time as they can be abandoned. The Contractor shall exercise extreme caution in working in any area adjacent to existing facilities. It is essential that the existing facilities be maintained in service until the new work is ready for full time operation and is placed in service.

No additional compensation shall be provided the Contractor for compliance with the provisions of this section for the damage and repair of such facilities due to the lack of care, and the Contractor shall be responsible for the. direct �nd indirect costs resulting from the damage and repair of such facilities.

Working Hours
16 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E For Emergency Repairs working hours may be any day of the week at any time. The crews that respond "to the enu�rgency shall corriply with applicable labor codes for hours worked.

For Scheduled Repairs n·orn,,al City staff working ho�rs are from· 7:00 a.m. _to -�:30 p.m., excluding wee�ends_ and City holiday�. Uriless ·otherwise approved in writihg by the City, repair.work shall be allowed only between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and, when approved in writing in advance by the City, 9:0Q a.m. to 6,00 p.m·: ,on weekends and holida·ys. These wo_rking hours may be adjusted on a job by job basis depending on nature of the project and specific encroachment permit conditions for the project.

The Contractor . shall notify the City at least 48 hours prior to any work c;>utside the normal working t:'tours defined above, on weekends or hqlidays.

Noise Abatement
All operations at the site of the repairs shall be performed so as to minimize unnecessary noise.

Special measures shall be taken to supp'ress noise during night hours. Noise levels due to Contractor's activities shall not exceed the levels specified by local ordinance.

Internal combustion· engines used on the work shall be equipped with a muffler of a type recomn:,ended by the manufacturer. No internal combustion engine shall be operated without said muffler.

Warranty and Scheduled Maintenance
The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, in those components provided, installed, replaced and/or modified by the Contractor, and pay for any' damage to other works resulting from such defects, which _ becomes evident within one (1) year after the date of acceptance of installation work, or within such longer period of time as may be prescribed .by law or by the terms of any applicable s'pecial guarantee required by the Agreement. This warranty shall include all parts and labor and the performance of all manufacturers' recommended maint.;mance. This in no way shall limit, amend, or reduce any manufacturer's warranty. The Contract(?r further assumes responsibility for a similar guarantee for all work and materials :provided by subcontractors. This warranty shall not apply to existing eq1,.1ipment that was not modified or significantly adjusted so as to change its operation.

The Contractor also agrees to indemnify, defend and hold the City harmless from liability of any kind arising from damage due to covered defects. Prior to the final acceptance of installation work, the Contractor shall provide phone numbers for around- the-clock notification of the need for emergency service repairs, a schedule showing specific dates for routine maintenance service calls.

The Contractor shall respond within four (4) hours of City's emergency service call after receipt of notice from the City, and promptly niake all repairs arising out of defective materials, workmanship, or equipment. If a service response does not occur within four (4) ho1Jrs, or diligent efforts are not made to effect repairs, the City will notify the Contractor (by fax cir voice mail if no representative is available) of its intent to secure another service provider. Thereafter, the City is authorized to make ,such repafrs, and the Contractor shall be liable fo.r the cost thereof. In case of emergency, where, in the opinion of the City, delay could cause serious loss or damage, repairs may be m_ade without notice being sent to the Contractor, and the expense in connection t The Contractor shall direct all of its equipment suppliers and/or manufacturers to promptly provide to it and to the City any and all information concerning product defects or other problems and shall promptly forward to the City any such information received, whether before, during, or after the warranty period. 17 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E Prior to·the expiration of the wa.rranty period, t'1e City reserves the right to hold a meeting and require the attendance ofthe Contractor. The purpose of the meeting is to review warranties, bonds, and maintenance requi_re11,1e,-its, and detefmine required repair or replacement of defective items. 18 Updated: January 2021

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E West Valley Construcfi.on Compqny Inc, COMPANY NA!'JIE: __________________ _

EXHIBIT B
SCHEDULE ·oF COMPENSATION RATES
On-Call Services for Water and Sewer Repairs
This work is StJbject to prevailing wage .. The hourly wages to be paid laborers, workers, or mechanics shall not be 'iess than the DIR prevailing wage rates for a·n hours work in the same trade or occupation in Santa Clara County. Prevailing _ wage rates are available on line at http://www.dir�ca.gov/dlsr. -
Oe s cri.Dli.o.n Uait l:loucht �

1. LABOR
a. Project Manager Hour $ 150.00
b. Foreman/Superintendent Hour $ 166.64
C. Equipment Operator Hour $ 182.65
d. Journeyman Hour $ 133.74
e. · Laborer or Equivalent Hour $ 133.74

2. EQUIPMENT
a. Boom Truck Hour $ 52.49
b. Service Vehicle (utility body pickup) or Hour $ 31.87 Equivalent
c. Backhoe (Case 580E or comparable) Hour $ 62.23
d. Welder Hour $ 11.29
e. Compressor (150 cfm) Hour $ 34.98
f. 5 yd Dump Truck Hour $ 60.82
g. 24-inch Vibratory Smooth Drum Roller

23.71 Hour $

3. MOBILIZATION AND DEMOBILIZATION

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E Mobiiization and Demobilization

4. OVERHEAD AND PROFIT
Overhead and Profit

5. MATERIALS MARKUP
Materials Markup - Cannot e�ceed 25%

6. SUBCONTRACTOR MARKUP
Subcontractor. Mar�up
15 % (Fill In)
15 .%(Fillln)
15 % (Fill In)
_1_
5_% (Fill In)

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E Cat�gory
ACl
AC2
APl
ATl
BB6
BH3
BH4
BH6
BHA
BHB
BHC
BNl
CMl
CPl
CP3
CR1
CR6
CR7
CRA
CT1
D84
DBS
DB6
DB7
DBS
DBA
tvalley
CONSTRUCTION ®
SINCE 19 5 8
City of Morgan Hill
Request for Qn .. call Contractor Services
In-ground sewer and water piping repair services contract -Contractor: West Valley Cc;>nstruction Company
Date: 6/24/2021
Equipment Schedule (rime on Jobsite)
Description
Air comoressor < 124 CFM
Air Comoressor 125-249 CFM
Asoh. Millina Mach.<25.9" wide
Arrow board trailer
Beveraae Bodv Truck. Class 6
BH/Ldr 14' to 14.9' diq .. deoth
BH/Ldr 15' to 15.9' dia deoth
BH/Ldr 17' and over dia deoth
Breaker attachment
Pole Auaer attachment
Comoattion wheel
2" Conduit bender
Concrete· mixer
Hvdraulic cable puller
Electric cable nuller
Crane < 8000 lbs. Cao
Crane Truck. Class 6
Crane Truck. Class 6
Crane Truck Insulator
Concrete trailer < LS yard
Dumo truck 1-2.9 yd. Class 4
Dumo truck 3-4.9 yd. Class 5
Dumo truck 5-6.9 vd. Class 6
Dumo truck 7-9.9 vd. Class 7
Dumo truck > 10 vd Class 8
Side convevor attachment
Hourlv Rate
$ 29.13
$ 34.98
$ 164.56
$ 4.40
$ 45.84
$ 62.23
$ 72.20
$ 116.15
$ 34.60
$ 7.42"
$ 7.34
$ 11.47
$ 8.54
$ 20.40
$ 7.28
$ 9.43
$ 52.49
$ 54.84
$ 6,18
$ 24.40
$ 66.91
$ 60.82
$ 70.05
$ 94.11,
$ 117.71
$ 15.81

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E DC6 Dumo trk 5-6.9 vd. els 6 w/ KB $ 74.24
DRl Service Drill $ 3.09
DT1 Dumo Trailer. ·class 1 $ 18.45
DT2 Dumo Trailer. Class 2 ·$ 18.45
DZ2 Bulldozer 60-74 ho $ 68.41
'ET1 Eau
iomeht Trailer, Class i ,$ 5.03
'Category Description Hourlv Rate
ET2 Eauioment Trailer, Class 2. $ '6,
!,1
ET3 Em.iioment Trailer, Class 3 $ 8.70
ET4 Eauioment Trailer. Class 4 $ 9.93
ETS Eauiomeht Trailer, Class 5 $ 10.91
ET6 Eauioment Trailer, Class 6 $ 11.88
ET7 Eauioment Trailer., Class 7 $ 14.61
ET8 Eauioment Trailer,
Ciass 8 $ 26.81
EXl Mini Excavator <4Metric Tons $ 14
.72
EX4 Excavator 12.1-14 Metric Tons $ 53.25
EXS Excavator 19 .1-21 Metric Tons $ 57.34
EX6 Excavator 21.1-24 Metric Tons $ 67.68
EX7 Excavator 33.1-40 Metric Tons $ 97
.93
EXA Breaker attachment $ 36.82
EXB Vjb, sheet oilina driver attch $ 44.68
EXC Comoaction wheel $ -15.90
EXb Thumb attachment. $ 29.22
EXE Rock Bucket $ 136.25
FB1 Flatbed Truck. Class 1 $ 13.44
FB3 Flatbed Truck. Class 3 $ 41.57
FB4 Flatbed Truck. Class 4 $ 43.73
FBS. Flatbed Truck, Class 5 $ 45.84
FB6 Flatbed Truck. Class 6 $ 52.18
FC4 Flatbed/Comoressor, Class 4 $ 56.54
FCS Flatbed/Comoressor, Ciass 5 $ 62.88
FC6 Flatbed/Comoressor, Class 6 $ 69.22
FL4 Forklift. 4.000-4,999 lbs. Cao $ 20.26
FLS Forklift. 5.000-5,999 lbs. Cao $ 24.04
FL8 Forklift, 8.000-8,999 lbs. Cao $ 30.15
FL9 Forklift, 9,000-9,999 lbs Cao. $ 30.15
FM1 Butt .fusion machi'ne $ 9.04
FM2 Service oioe freezer $ 7.28
FT4 Fuel Trailer. Class 4 $ 23.10
GE1 Generator < 5 KW $ 9.09

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E GES Generator-20K-50K Watts $ 43.77
Cateaorv Descriotion Hourly Rate
HD1 Dir. Drill <7.00b lbs oullback $ f,)9.41
HD2 Oil'. Drill 7.001 to JOK lbs PB $ 85.72
HDS Dir. Drill 20001 to 30K lbs PB $ 182.53
HJ1 Hvdraulic Shorina Jac:k $ 15.43
LDS Wheel Loader·.80-99 HP $
6'2.10
tDr Wheel Loader 110-119 HP '$ 67.21
LD8 Wheel Loader 120.-13.4 HP $ 79.75
LD9 Wheel Loader 135
:.149 HP $ 89.91
LOA Asohalt arinder attachment $ 65.13
LDB Adi.
asohalt · so reader box $ 11.50
LDE Side dumo bucket $ 10.63
LDf Screen seoarator for backfill $
7 .⇒4
LTl Liaht Tower 0-6000 lbs GVWR $ 23.54
MI2 Measurina -Instrument , Laser $ 7,62
OR1 All terrain vehicle $ 22.53
OTl Pavino oil trailer. Class 1 $ 9.75
PB1 Hvdrauric hammer $ 54.58
PCl Hvdraulic shao cutter $ 11.88
PL1 Pioe locator $ ;17.56
PP2 Pneumatic Punch <-2" $ 5.49
PP4 Pneumatic. Punch2.1"-3" $ 7.06
PP6 Pneumatic Punch 3.l"-4" $ 9.75
PP? Pneumatic Punch 4.1"-5" $ 9.75
PT1 Pioe trailer. Class 1 $ 6.64
PT2 Pioe trailer. Class 2 $ 6.64
PUl Picki.m Truck Class 1 $ 31.87
PU2 Pickuo
Truck. Class 2 $ 28.21
PVS Pavina truck. Class 5 $ 54.36'
RF4 Forklift. R/T 8.000-9.999 lbs $ 58.93
RM6 Roddina Truck Class 6 $ 77.74
RO1 Walk behind roller<2.000 lbs $ 29.79
RT2 Reel Trailer. Class 2 $ 5.61
RT3 Reel Trailer. Class. 3 $ 6.50
RTS Reel Trailer. Class 5 $ 49 . .53
CateQorv Description Hourly Rate
RT6 Reel Trailer. Class 6 $ 8.48
5D1 Service Drill $ 3.09
SEl Shoo Tools $ 17.99

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E SL4
SL6
SP1
5S4
SSS·
5S6
S57
SSA
SSD
SSE
SSG
ST1
SV1
SW1
SW2
SW3
SW4
sws
SW6
SW7
TA7
TBS
TC1
TC2
TC3
TH7
TK2
TKJ
TK4
TKS
TL2
Category
TL3
TM1
TMS
TMA
TP1
TP2
TP3
TP4
Sluaaina truck, Class 4
Sluaaina truck, Class 6
Steel Crossino Plate
Skid steer ldr. Class 4
Skid steer ldr. Class 5
Skid steer ldr. Class 6
Skid steer ldr. Class 7
Hvdraulic Breaker attachment
Asohalt Planer attachment
Br.ooni attachment
. Slot Mill attachment
Trailer. Pressure Washer
Storaae C0ritainer
12-14" AH ouroose saw
Chain saw
Coner. saw. 12" max. blade cao
Con.saw.12.1"-14" max bid cao
Con.saw .14.1 "-18" max bid cao
Con.saw; 18'.1 "-24" max bid cao
Concrete corinq machine
Fuel and Lube Truck Class 7
Truck Tractor C1ass 8
Trench comoactor small rammer
Trench comoactor laroe rammer
Trench comoactor vib. roller
Telehandler
Mechanics truck. Class 2
Mechanics truck, Class 3
Mechanics truck, Class 4
Mechanics truck, Class s
Wheel loader. 40 -49. ho
Description
Wheel loader. 50 -59 ho
Trenchina machine <14 ho
Trenchiha machine > 131 ho
Convevor attch. (use with TMS)
Air motor
Taooina machine <l
11 Taooina machine 1
11-2
11 Taooina machine 2 <
$ 58._36
$ 67.01
$ 2.65
$ 39.86
$ 44.87
$ 37.77
$ 51.53
$ 53.25"
$ 26.08
·$ 8;69
$ 26.08
$ 24.54
$ 3.50
$ 6.92
$ 6.28
$ 6.48
$ 14..47
$ 18.23
$ 30.72
$' 46.47
$ 111.99
$ 103.62
$ 9.04
$ 10.13
$ 45.58
$ 79.23
$ 28.21
$ 33.12
$ 37.76
$ 46.17
$ 38.66
Hourly Rate
$ 38.08
$ 17.23
$ 284.89
$ 27.78
$ 7.28
$ 11.17
$ 12.59
$ 23.52

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E TT1
UTl
UT2
VP2
VPJ
VP4
VR1
VR2
VT2
VT6
WM1
WP1
WP3
WP4
WPS
WT6
Water·trailer. Class l
Utilitv trailer. Class 1
Utilitv trailer. Class 2
Vibratorv olate 17" wide
Vibratorv olate 21" wide
Vibratotv elate 25" wide
Vibratorv roller <3750 lbs
Vibratorv roller 3751-6400 lbs
Vacuum Trailer Class 2
Vacuum Trailer, Class 6
Weldina machine
Water main test oumo
Water oumo 2"
-2.9"
Water oumo
3 11--3.9"
Water oumo
4 11
-

4.911
Water Truck, Class 6
$, 22.34
$ 5.03
$ 5.03
$ 7.08
$ 12.57
s 23.71
$ 22.79
$ 39.01
$ 48.10
$ 59.81
$ 11.29
$ 11'.50
$ 11.50
$ 13.17
$ 22.17
$ 50.04

DocuSign Envelope ID: 496DFF89-48CD-49F2-AA92-1 F115F5F4A0E

EXHIBITC

SCHEDULE OF PERFORMANCE
This is an on-call as n:eeded ·agreement.

For each job under this �greement, the City will request a detailed task order proposal from the Contrac'tor. The Con�racti;>.r proposal. Shall include a� ite�ize� breakdown of ho�rly labor �nd equipment rates as well �s all materials ancl m�terial markup costs. The City's project manager will issue a ,notice to proceed if the proposal is accepted. The Contractor will issue an invoice at the completion of each task order, and sha_ll include a detailed breakdown of all hourly charges for labor and equipment , materials, and material mark up costs.
20 Updated: January 2021

City Council
Meeting Minutes
Mark Turner - Mayor
Rene Spring - Mayor Pro Tem
Gino Borgioli - Council Member
Marilyn Librers - Council Member
Yvonne Martinez Beltran - Council Member
Wednesday, April 5, 2023 7:00 PM
Council Chamber Building
17555 Peak Avenue, Morgan Hill, CA 95037

CALL TO ORDER
Mayor Turner called the City Council meeting to order at 7:00 pm.

ROLL CALL ATTENDANCE
City Clerk Michelle Bigelow called the roll.

PRESENT Rene Spring, Gino Borgioli, Yvonne Martinez Beltran, Mark Turner, Marilyn Librers

DECLARATION OF POSTING AGENDA
City Clerk Michelle Bigelow declared the posting of the agenda.

SILENT INVOCATION

PLEDGE OF ALLEGIANCE

PROCLAMATIONS
The week of April 9 - 15, 2023 as Public Safety Telecommunicators Week/Dispatcher Appreciation Week
The month of April as Parkinson's Awareness Month

April 5, 2023
2 The month of April as American Red Cross Month

CITY COUNCIL REPORTS
Council Member Yvonne Martinez Beltran reported that Cal Cities will be holding a Cities Leader Summit from April 12, 2023, to April 14, 2023, with Legislative Day taking place on the 13th. The Annual Conference will be from September 7, 2023, through September 9, 2023. She shared that she attended the AAUW conference for young leaders and was the keynote speaker. She concluded by reporting on an ABAG meeting she attended on March 16, 2023, where they decided to support AB 84 and SB 225.

CITY MANAGER'S REPORT
City Manager Christina Turner provided an update on the drought. She announced that Sidewalk Saturdays are back and invited the community to come and support local businesses. Sidewalk Saturdays will run through June 20, 2023, from 9:00 a.m. to 1:00 p.m. on Third Street, Downtown. The City will have an information booth there this Saturday, April 7, 2023, to inform the community about Mogo. She concluded by sharing information about the Bay Area Panthers, who have decided to make Morgan Hill their home—the Panthers practice at the City's outdoor sports center. The City is excited to have a new team.

CITY ATTORNEY'S REPORT
City Attorney Don Larkin reported that at the end of the City Council meeting on March 15, 2023, the Council met in closed session on one matter regarding real estate negotiations, and there was no reportable action.

OTHER REPORTS
None.

PUBLIC COMMENT
Public comment opened at 7:18 pm.

Michael Burchfield was called to speak.

There being no further requests to speak, public comment closed.

ADOPTION OF AGENDA
MOTION:

Adopting the agenda as posted.

RESULT: Passed

April 5, 2023
3 MOVER: Council Member Borgioli
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Borgioli, Council Member Martinez Beltran, Mayor Turner, Council Member Librers
NAYS: None
ABSTAIN: None
ABSENT: None

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

Public comment opened at 7:23 pm. There being no requests to speak, public comment closed.

MOTION:

Approving items 3 through 5.

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

3. APPROVE CONTRACT FOR BANKING SERVICES WITH WELLS FARGO BANK
Recommendation:

1. Approve contract for banking services with Wells Fargo Bank; and

2. Authorize the City Manager to execute and administer a banking services contract with Wells Fargo Bank through 2028 with subsequent renewal subject to budget appropriation.

April 5, 2023
4 4. APPROVE FIFTH AMENDMENT TO AGREEMENT WITH INNOVATIVE CLAIMS SOLUTIONS, INC.

Recommendation:

Authorize the City Manager to execute and administer a Fifth Amendment to Agreement with Innovative Claims Solutions, Inc. to provide third party claims administration for workers’ compensation extending the agreement for one additional year of service at annual amount of $35,755, for a new total contract amount of $276,735 over 8 years.

5. APPROVE THE MARCH 15, 2023 CITY COUNCIL MEETING MINUTES Recommendation:

Approve the March 15, 2023 City Council minutes.

ITEMS PULLED FOR DISCUSSION

1. ADOPT ORDINANCE NO. 2344, NEW SERIES, APPROVING A ZONING MAP

AMENDMENT FROM PLANNED DEVELOPMENT/GENERAL COMMERCIAL
TO MIXED-USE FLEX FOR A MIXED-USE DEVELOPMENT ON A 3.82-ACRE

SITE LOCATED ON THE SOUTHWEST QUADRANT OF COCHRANE ROAD AND MONTEREY ROAD (MONTEREY – CITY VENTURES (THE GATES)) (APNS 764-10-013 AND 764-10-015)
Recommendation:

Waive the reading, adopt Ordinance No. 2344, New Series, and declare that said title, which appears on the agenda, shall be determined to have been read by title and further reading waived.

City Manager Christina Turner provided a report. City Attorney Donald Larkin answered questions.

Public comment opened at 7:31 pm. There being no requests to speak, public comment closed.

MOTION:

Adopting the ordinance.

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

April 5, 2023
5 2. ADOPT RESOLUTION MAKING FINDINGS IN SUPPORT OF FINANCING

FOR THE PREVIOUSLY APPROVED REHABILITATION OF SKEELS AND

VILLA CIOLINO APARTMENTS
Recommendation:

Adopt a resolution to support Eden Housing’s ability to apply for new Low Income Housing Tax Credit financing and tax-exempt bonds to support the recapitalization and rehabilitation of Skeels and Villa Ciolino Affordable Apartment Communities.

Housing Director Rebecca Garcia provided a report.

Public comment opened at 7:38 pm.

Sally Casas was called to speak. (zoom)
There being no further requests to speak, public comment closed.

MOTION:

Approving the recommended action.

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

PUBLIC HEARINGS

6. ADOPT RESOLUTION ESTABLISHING CARRY CONCEALED WEAPON (CCW) LICENSE FEE, BUSINESS LICENSE RENEWAL FEE, AND UPDATING

CREDIT CARD PAYMENT SERVICE FEE
Recommendation:

1. Open/Close public hearing; and

2. Adopt resolution establishing carry concealed weapon license fee, business license renewal fee, and updating credit card service fee for development fees and transient occupancy tax payments by credit card.

Finance Director Dat Nguyen provided a report and presentation.

The public hearing opened at 8:17 pm. The following people were called to

April 5, 2023
6 speak:

Matt Griffoul
Joel Nielsen
Sean O
Steve Chapell
Michael Murphy
Russ K (zoom)
Sally Casas (zoom)
There being no further requests to speak, the public hearing closed.

MOTION:

Adopting resolution approving the CCW permit fee, revisiting with a target of September to re-evaluate the fee and consider a program for low-income, making the fee structure retroactive to permittees.

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

Adopting resolution for business license and credit card payment fees.

RESULT: Passed
MOVER: Council Member Martinez Beltran
SECONDER: Mayor Pro Tem Spring
AYES: Mayor Pro Tem Spring, Council Member Martinez Beltran, Mayor Turner, Council Member Librers, Council Member Borgioli
NAYS: None
ABSTAIN: None
ABSENT: None
The meeting recessed at 8:58 pm and reconvened at 9:07 pm.

OTHER BUSINESS

7. PROVIDE DIRECTION ON NEXT STEPS FOR DOWNTOWN COMMUNITY

April 5, 2023
7 PARKLET AND/OR ALTERNATIVE DOWNTOWN ACTIVATION OPTION Recommendation:

Provide direction on next steps for Downtown Community Parklet and/or Alternative Downtown Activation Option.

Economic Development Coordinator Brittney Sherman provided a report and presentation.

Public comment opened at 9:57 pm. The following people were called to speak:

Doug Muirhead
Armando Benavides (zoom)
Sally Casas (zoom)
There being no further requests to speak, public comment closed.

The City Council provided direction to staff to pursue the alternative Downtown Activation Option.

FUTURE COUNCIL INITIATED AGENDA ITEMS
Council Member Borgioli requested a discussion on second-hand smoke bans in multifamily housing units.

Council Member Spring requested a review of the noise ordinance for roosters and chickens.

Council Member Spring requested a policy on abstaining from votes.

Council Member Spring requested a review of the waiving of credit card fees.

ADJOURNMENT
There being no further business, Mayor Turner adjourned the meeting at 10:25 pm.

Minutes Prepared by:

Michelle Bigelow, City Clerk

4 CITY COUNCIL STAFF REPORT
MEETING DATE: April 19, 2023
PREPARED BY:

Mariah Dabel, Public Services Administrative Manager
APPROVED BY: City Manager

APPROVE AGREEMENT WITH MONTEREY BAY OFFICE PRODUCTS
INC. FOR PURCHASE AND MAINTENANCE OF THE CITY'S MULTIFUNCTION PRINTERS

RECOMMENDATION(S)

1. Approve a Service Agreement with Monterey Bay Office Products, Inc. for $212,005.73 for the purchase, maintenance, and repair of the City’s multifunction printers (MFPs); and

2. Authorize the City Manager to execute and administer the Service Agreement with Monterey Bay Office Products, Inc. through June 30, 2028 with the option to extend five one-year periods.

COUNCIL PRIORITIES, GOALS & STRATEGIES
City Council Ongoing Priorities
Protecting the Environment and Preserving Open Space and Agricultural Land Maintaining and Enhancing Infrastructure
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The purpose of this report is to provide the City Council with an opportunity to consider a Service Agreement with Monterey Bay Office Products, Inc. for the purchase, maintenance, and future repairs of the City’s multi-function printers (MFPs). The proposed hardware purchase and service agreement will provide an efficient solution to the City’s print, scan, copy, and fax requirements. The Service Agreement is attached to this Staff Report.

Staff recommends the City enter into a five-year Service Agreement with Monterey Bay Office Products, Inc. in the amount of $212,005.73 with five one-year options to extend the agreement, subject to budget appropriations by the City Council. The agreement would authorize the purchase of 13 Konica Minolta MFPs in the amount of $101,820.17 and ongoing maintenance and repair services and all supplies except paper, including 15% contingency, at an annual not-to-exceed amount of $22,037.11 (totaling

4 $110,185.56 over the initial five-year term).

Staff is recommending the purchase of the MFP equipment described in the exhibits herein from Monterey Bay Office Products, Inc. and that the purchase, maintenance, and repair services agreement be completed using the State of California Participating Addendum Number 7-19-70-46-03 to the State of Colorado National Associations of State Procurement Officials (NASPO) ValuePoint Master Agreement Number 140597.

The NASPO cooperative purchasing program facilitates public procurement solicitations and agreements. By working with NASPO, state and local governments are able to leverage their spending through a single solicitation with the best value and superior contract terms. The NASPO cooperative purchasing arrangement is consistent with Section 3.04.180 of the Morgan Hill Municipal Code, which allows the purchasing officer the authority to join with other public jurisdictions in cooperative purchasing plans or programs, including, but not limited to California Communities Purchasing Program (CCPP), the California Department of General Services (CADGS), the California Multiple Award Schedule (CMAS), the National Association of Counties (NACo), or similar arrangements or plans, as determined by the purchasing officer to be in the City's best interest.

Background
In 2012, the City entered into a 60-month agreement with Monterey Office Products dba Monterey Bay Systems for the lease and maintenance of MFPs at various City facilities.

In addition, the City entered into a one-year agreement with J.J.R. Enterprises, Inc. dba Caltronics Business Systems in 2017 for copier maintenance and toner supply for one MFP located at City Hall, a 60-month lease and maintenance agreement with Xerox Corporation in 2013 for one MFP at the Police Department, and a 36-month lease and maintenance agreement with Ray Morgan in 2016 for MFPs at the Aquatics Center and Council Chambers Building, with subsequent amendments. These lease and maintenance agreements have all expired and MFPs are now being maintained and serviced outside of service agreements at a higher cost.

Of note, the City's current Konica Minolta MFPs have been in active use since 2012 and are still functioning, however these and the other MFPs are reaching the end of their useful life. The MFPs recommended for purchase under this agreement will be located at City Hall (3), Police Department (5), Council Chambers Building (1), Centennial Recreation Center (1), Aquatics Center (1), Community and Cultural Center (1), and the Corporation Yard (1). Consolidating the City's MFP maintenance and repairs under one vendor and one brand device will simplify contract and billing administration, allow for interchangeable toner and supplies, and provide a consistent user experience.

To determine the City’s business needs, in 2022, Public Services and Information Technology staff convened key stakeholders from various departments to assess the City’s current MFPs, individual desktop printers, scanners, and faxes and evaluate current and future business needs. Two of the City’s existing MFP vendors conducted assessments and prepared recommendations for purchase and maintenance of MFPs based on cooperative agreement pricing.

4 After assessment and evaluation, staff determined Monterey Bay Office Products, Inc. and the Konica Minolta product would provide the best value to the City. The equipment purchase is subject to the NASPO contract limited warranties and terms as specified in the contract. Ongoing maintenance is based on a price per the number of pages generated and would be billed quarterly.

The replacement of the City’s MFP fleet presents a number of benefits. The proposed devices are anticipated to provide numerous eco features that reduce energy consumption and costs. The new MFPs will achieve more efficient power usage with newer energy-efficient standards and industry certifications that promote efficient energy use and power delivery. In turn, this will allow less waste heat generation, reducing the carbon footprint through decreased energy usage.

In addition, new MFPs that meet current business needs will allow City staff to eliminate a number of individual desktop printers. Individual printers are poorly maintained and rarely updated and can be a security risk. Moving to a centralized model that leverages supported and maintained devices will reduce the City's security risk. To further support the security of the City's network and data, Monterey Bay Office Products, Inc. will work with the City’s Information Technology team to ensure secure network integration, data encryption, and user authentication.

Should the City Council approve this Service Agreement, Monterey Bay Office Products, Inc. is available to order and install the new MFPs and have them online as soon as June 2023.

COMMUNITY ENGAGEMENT:

Not Applicable
The subject of this staff report is entirely administrative in nature, and does not impact services directly provided to the Morgan Hill community. Given this, no community engagement was conducted prior to this meeting.

ALTERNATIVE ACTIONS:

The City Council could decline to approve the Service Agreement under NASPO agreement terms and direct staff to engage in a new competitive bid for procurement and maintenance of MFPs. This alternative is not expected to result in better value to the City. This Service Agreement with an existing vendor is based on cooperative government pricing that was determined to provide the best value to the City. A new competitive purchasing process outside of cooperative purchasing pricing is staff intensive and would require additional time and resources and would likely delay the replacement of aging MFPs that are at the end of their useful life resulting in additional costs to the City.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

The City Council has not taken prior action on this agreement.

FISCAL AND RESOURCE IMPACT:

4 Funding to procure the MFPs is available in the FY22-23 Adopted Budget. Maintenance of the MFPs is included in all department budgets for FY23-24.

CEQA (California Environmental Quality Act):

Not a Project
The activities associated with this item are administrative activities that will not result in direct changes to the physical environment.

1 Updated July 2022

SERVICE AGREEMENT
Monterey Bay Office Products, Inc.

THIS AGREEMENT is entered into and becomes effective on _______________ (Effective Date), by and between the CITY OF MORGAN HILL, a municipal corporation, ("CITY"), and Monterey Bay Office Products, Inc. a California corporation ("SERVICE PROVIDER") hereinafter referred to collectively as “Parties.” In consideration of the promises and the mutual covenants contained in this Agreement, the Parties agree as follows:

1. City Authority. This Agreement is entered into pursuant to the action of the Morgan Hill City Council taken on ___________, ____, 20___.

2. Term of Agreement. This Agreement shall cover services rendered from the Effective Date of this Agreement until June 30, 2028 at which time SERVICE PROVIDER’S services shall be completed. The City Manager is authorized to extend the term of this Agreement for a maximum of five one-year periods. Any such extension shall be in writing and signed by both Parties to this Agreement.

3. Scope of Service. The services to be performed by SERVICE PROVIDER shall be the removal and disposal of designated multi-functional printers (MFPs), purchase of 13 new replacement multi-functional printers (MFPs) for City facilities, maintenenace and repair services and all supplies except for paper as further described in Exhibit A.

4. Compensation. SERVICE PROVIDER shall be compensated as follows:

4.1. 4.2.

Amount. $212,005.73. Total compensation to SERVICE PROVIDER under this Agreement during its initial term set forth in Section 2 above shall not exceed Two Hundred Twelve Thousand Five dollars and Seventy-Three cents and shall be billed based on the rate and basis set forth in Exhibit B. If the City Manager extends the term of this Agreement pursuant to the provisions of Section 2 above, the City Manager shall have the authority to increase the maximum compensation allowed to be paid to SERVICE PROVIDER during that extended term period, so long as City Council has appropriated sufficient funds therefor, the Parties mutually agree to such amount in a writing signed by both Parties to this Agreement and provided further that in no event shall such maximum compensation allowed for each subsequent extended one-year term exceed 105% of the maximum compensation allowed to be paid to SERVICE PROVIDER for one year of service during the immediately preceding prior year of service.

Billing. SERVICE PROVIDER shall provide CITY with an invoice containing the dated, detailed, and itemized descriptions of all services performed and expenses incurred (if such expenses are reimbursable pursuant to Exhibit B) by SERVICE PROVIDER on a quarterly basis unless otherwise specified in Exhibit B. All invoices shall be sent to the CITY addressed to the department head or project manager identified below in Section 14 Notices. Payment will be made to SERVICE PROVIDER within thirty (30) days of receipt of invoice by CITY. Any rate charged shall be prorated where services are interrupted or not provided for any rate period (for example, any monthly rate charge should be prorated when services were interrupted or provided for only part of the month). For services billed on an hourly rate, the minimum unit of billed time shall not exceed one tenth of one hour. CITY shall pay for services and expenses (if so provided in Exhibit B) up to the limit of compensation set forth above, that in the CITY’s judgment were necessary and reasonable. Services for work performed and expenses incurred in excess of the total compensation set forth in paragraph 4.1 above shall be at no cost to CITY.

2 Updated July 2022

5. Termination. CITY or SERVICE PROVIDER shall have the right to terminate this Agreement, without cause, by giving thirty (30) days' written notice or less under urgent circumstances. Upon such termination, SERVICE PROVIDER shall submit to CITY an itemized statement of services performed for which compensation has not been paid. CITY may require SERVICE PROVIDER to complete certain work product or documents and SERVICE PROVIDER shall deliver to CITY all documents in its possession without additional compensation to SERVICE PROVIDER. The City Manager of CITY is authorized to terminate this Agreement, in whole or in part, on behalf of CITY.

5.1. Non-Appropriations. Notwithstanding anything contained in this Agreement to the contrary, if insufficient funds are appropriated, or funds are otherwise unavailable in the budget for CITY for any reason whatsoever in any fiscal year, for payments due under this Agreement, CITY will immediately notify SERVICE PROVIDER of such occurrence, and this Agreement shall terminate after the last day during the fiscal year for which appropriations shall have been budgeted for CITY or are otherwise available for payments.

6. Performance of Work. SERVICE PROVIDER represents that it is qualified by virtue of experience, training, education, and expertise to accomplish these services. Services shall be performed by SERVICE PROVIDER in accordance with professional practices in a manner consistent with a level of care, competence and skill exercised by qualified members of the SERVICE PROVIDER’S profession. By delivery of completed work, SERVICE PROVIDER certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. SERVICE PROVIDER shall perform all work and services under this Agreement in conformance with the time schedule set forth on Exhibit C, "Schedule of Performance," attached hereto and incorporated herein by this reference. CITY's City Manager is authorized on behalf of CITY to modify the timeframes set forth on the Schedule of Performance within the term of this Agreement. If SERVICE PROVIDER desires to leave or store any of SERVICE PROVIDER's equipment at a CITY site while SERVICE PROVIDER is performing work or service pursuant to this Agreement, SERVICE PROVIDER will first obtain the consent of CITY's City Manager, or his/her delegate, to do so, and any such storage shall occur only in the manner and location allowed by such CITY official and entirely at SERVICE PROVIDER's sole risk.

7. Hazardous Materials. Without limiting any other requirement or obligation of SERVICE PROVIDER under this Agreement, if SERVICE PROVIDER needs to use any material or chemical considered to be a hazardous material under any federal, state or local law, regulation or policy, SERVICE PROVIDER agrees to fully and timely abide by and comply with all laws, regulations and policies pertaining to the use, transport, removal, handling, disposal or other activity related to any and all such materials or chemicals. Prior to commencement of work or services under this Agreement, SERVICE PROVIDER shall provide CITY with a complete list of the hazardous materials SERVICE PROVIDER reasonably anticipates it may need to use to provide the services of SERVICE PROVIDER under this Agreement, together with the reasonably anticipated quantities thereof, if requested by CITY.

8. Insurance Requirements. SERVICE PROVIDER shall 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 SERVICE PROVIDER, including its subcontractors, employees and agents, relating to or arising from the performance of any work or service under this Agreement, and must remain in full force and effect at all times during the period covered by this Agreement. 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.

SERVICE PROVIDER further understands that the CITY reserves the right to modify the insurance requirements set forth herein, with thirty (30) days’ notice provided to SERVICE PROVIDER, at any time as deemed necessary to protect the interests of the CITY.

3 Updated July 2022

8.1. Insurance Types and Amounts.

8.1.1. Commercial General Liability (CGL). SERVICE PROVIDER shall maintain CGL against claims 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 for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER’s combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.2. Automobile Liability. SERVICE PROVIDER shall maintain Automobile Liability covering all owned, non-owned and hired automobiles (if SERVICE PROVIDER does not own automobiles, then SERVICE PROVIDER shall maintain Hired/Non-owned Automobile Liability) against claims 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 for any one accident or occurrence, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.3. Workers’ Compensation Insurance and Employer’s Liability. SERVICE PROVIDER shall maintain Workers Compensation coverage, as required by law, 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 SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater. If SERVICE PROVIDER is self-insured, SERVICE PROVIDER shall provide its Certificate of Permission to Self-Insure, duly authorized by the Department of Industrial Relations.

8.1.4. Pollution (Environmental) Liability. If the performance of SERVICE PROVIDER’s work or service under this Agreement involves hazardous materials, contaminated soil disposal, and/or a risk of accidental release of fuel oil, chemicals or other toxic gases or hazardous materials, SERVICE PROVIDER shall procure and maintain Pollution Liability covering the SERVICE PROVIDER’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 SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.5. Professional Liability.

8.1.5.1. If the performance of SERVICE PROVIDER’s work or service under this Agreement involves professional and/or technical services (examples include, but are not limited to, architects, engineers, land surveyors, and appraisers), SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies

4 Updated July 2022
(including any excess or “umbrella” policies), whichever is greater. Further, if SERVICE PROVIDER maintains a claims-made policy, SERVICE PROVIDER shall provide written evidence of such insurance to the CITY for at least five (5) years after the completion of work performed under this Agreement.

8.1.5.2. If the performance of SERVICE PROVIDER’s work or service under this Agreement relates to Information Technology or related services (examples include, but are not limited to computer programmers, software designers, hardware engineers, or other systems consultants), SERVICE PROVIDER 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 SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.6. Sexual Abuse/Molestation Liability (SML): If the performance of SERVICE PROVIDER's work or service under this Agreement involves contact with minors, SERVICE PROVIDER shall procure and maintain Sexual Abuse and Molestation insurance in the minimum amount of: (i) two hundred thousand dollars ($200,000.00) each claim, or (ii) the maximum amount of such insurance available to SERVICE PROVIDER under SERVICE PROVIDER's combined insurance policies (including any excess or “umbrella” policies), whichever is greater.

8.1.7. Crime/Fidelity Bond. If the performance of SERVICE PROVIDER’s work or service under this Agreement relates to or involves handling of CITY monies, SERVICE PROVIDER shall procure and maintain Crime insurance, in the minimum amount of: (i) three hundred thousand dollars ($300,000.00) per occurrence, covering all SERVICE PROVIDERS’ officers and employees, for loss of CITY monies caused by dishonesty and/or theft.

8.2. Endorsements. SERVICE PROVIDER shall provide proof of the following endorsements, listed for each policy for which endorsements are required, as outlined below:

8.2.1. General Liability and pollution liability (when pollution liability applies).

8.2.1.1. “Additionally Insured” - The City of Morgan Hill, its elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers are named as additional insureds on a form at least as broad as ISO Form CG 20 10 for ongoing operations.

8.2.1.2. “Waiver of Rights of Subrogation” - The insurer waives the right of subrogation against the City of Morgan Hill and CITY’S elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers; and

8.2.1.3. “Primary and Non-Contributing” - Insurance shall be endorsed to be primary and non-contributory and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as ISO Form CG 20 01.

5 Updated July 2022

8.2.2. Workers Compensation.

If the performance of SERVICE PROVIDER’S work or service under this Agreement involves access to or activity on any property or premises owned or occupied by the CITY, including, but not limited to, SERVICE PROVIDER’S presence during site visits and meetings, then insurer waives the right of subrogation against the City of Morgan Hill and the CITY’s elected or appointed officials, boards, agencies, officers, agents, employees, and volunteers.

8.3. Qualification of Insurers. All insurance required pursuant to this Agreement must be issued by a company licensed and admitted, or otherwise legally authorized to carry out insurance business in the State of California, and each insurer must have a current A.M. Best's financial strength rating of “A” or better and a financial size rating of “VII” or better.

8.4. Certificates. SERVICE PROVIDER shall furnish CITY of Morgan Hill with copies of all certificates as outlined herein, whether new or modified, promptly upon receipt. In the event of a claim or legal action, SERVICE PROVIDER shall promptly furnish CITY of Morgan Hill with copies of all policies outlined herein. No policy subject to the SERVICE PROVIDER’s agreement with the CITY shall be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY. A "material change" is a change that results in non-compliance with any insurance requirements in this section 8. Certificates, including renewal certificates, may be mailed electronically to [email protected] or delivered to the Certificate Holder address provided herein.

Certificate Holder address:

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

9. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable for any default or liability under this Agreement.

10. Compliance with Law.

10.1. SERVICE PROVIDER and its officers, employees, agents, and subcontractors shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out their obligations under this Agreement. SERVICE PROVIDER and its officers, employees, agents, and subcontractors covenant there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, sexual orientation, national origin, mental disability, physical disability, medical condition, or ancestry, in any activity pursuant to this Agreement.

10.2. Compliance with Wage and Hour Laws: SERVICE PROVIDER, 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

6 Updated July 2022
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 SERVICE PROVIDER and/or its subcontractors: BY SIGNING THIS

AGREEMENT, SERVICE PROVIDER 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 SERVICE PROVIDER OR ITS SUBCONTRACTOR(S) HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. SERVICE PROVIDER 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 SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or SERVICE PROVIDER learns of such a judgment, decision, or order that was not previously disclosed, SERVICE PROVIDER 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.

SERVICE PROVIDER 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. CITY reserves the right to require SERVICE PROVIDER to enter into an agreement with CITY regarding the manner in which any such final judgment, decision, or order will be satisfied.

City’s Right to Withhold Payment: Where SERVICE PROVIDER or any subcontractor it employs to perform work under this Agreement has been found in violation of any applicable wage and hour law by a final judgment, decision or order of a court or government agency, CITY reserves the right to withhold payment to SERVICE PROVIDER 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.

11. Independent Contractor. SERVICE PROVIDER is an independent contractor and not an agent or employee of CITY.

12. Confidentiality. All data, documents, or other information received by SERVICE PROVIDER from CITY or prepared in connection with SERVICE PROVIDER’S services under this Agreement are deemed

7 Updated July 2022
confidential and shall not be disclosed to any third party by SERVICE PROVIDER without prior written consent by CITY.

13. Conflict of Interest and Reporting. SERVICE PROVIDER shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement.

14. Notices. All notices shall be personally delivered or mailed, via first class mail to the below listed address. These addresses shall be used for delivery of service of process. Notices shall be effective five (5) days after date of mailing, or upon date of personal delivery.

Address of SERVICE PROVIDER is as follows:

Monterey Bay Office Products, Inc.
325 Victor Street, Ste. A
Salinas, CA 93907
Attn: Adam Hughes, Strategic Account Manager
Address of CITY is as follows:

Mariah Dabel, Public Services
Adminstrative Manager
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037
with a copy to:

City Clerk
City of Morgan Hill
17575 Peak Avenue
Morgan Hill, CA 95037

15. Licenses, Permits and Fees. SERVICE PROVIDER shall obtain a City of Morgan Hill Business License, all permits and licenses to the extent required by ordinances, codes and regulations of the federal, state and local government.

16. Service Provider's Proposal. If applicable, this Agreement shall include SERVICE PROVIDER'S proposal or bid which is incorporated herein. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

17. Maintenance of Records.

17.1. Maintenance. SERVICE PROVIDER shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and CITY rules and ordinances related to services provided under this Agreement. SERVICE PROVIDER shall maintain records for a period of at least 3 years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the 3-year period, then SERVICE PROVIDER shall retain said records until such action is resolved.

17.2. Access to and Audit of Records. The CITY shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the SERVICE PROVIDER and its subcontractors related to services under this Agreement. Pursuant to Government Code Section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the Parties to this Agreement may be subject, at the request of the CITY or as part of any audit of the CITY, to the examination and audit of the State Auditor pertaining to matters

8 Updated July 2022
connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

17.3. Ownership of Work Product. All documents or other information developed or received by SERVICE PROVIDER for work performed under this Agreement shall be the property of CITY.

SERVICE PROVIDER shall provide CITY with copies of these items upon demand or upon termination of this Agreement.

18. Familiarity with Work. By executing this Agreement, SERVICE PROVIDER represents that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the difficulties and restrictions of the work under this Agreement.

Should SERVICE PROVIDER discover any conditions materially differing from those inherent in the work or 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.

19. 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 (“CLAIM”).

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 the CITY.

22.3. Not limited by insurance. The indemnity, defense and hold harmless provisions of this Agreement apply to 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 PROVIDER.

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 PROVIDER arising from SERVICE PROVIDER's failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

9 Updated July 2022

22.5. Interpretation. This Section shall constitute an agreement or contract of indemnity, incorporating the interpretations under California Civil Code Section 2778. It is expressly understood and agreed that the obligation of the 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.

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.

25. 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. Binding Agreement. Notwithstanding the provisions of Section 20 above, this Agreement shall bind any and all successors in interest, legal representatives and/or other permitted assignees or transferees of SERVICE PROVIDER in the same manner as if those successors in interest, legal representatives or other permitted assignees or transferees had entered into this Agreement originally.

28. Electronic Signatures. Unless otherwise prohibited by law or CITY policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the CITY. //
//
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4/6/2023
4/6/2023

11 Updated July 2022

EXHIBIT A

SCOPE OF SERVICES
The scope of work shall include the removal and disposal of designated Multi-Function Printers (MFPs), and the purchase, installation, maintenance and repair of the following MFPs including all supplies except for paper:

Eight (8) C450i Konica Minolta Multi-Function Printers (MFPs) Color & Black & White (B & W) Copy/Scan/Print devices
Four (4) C650i Konica Minolta Multi-Function Printers (MFPs) Color & Black & White Copy/Scan/Print devices
One (1) C3350i Konica Minolta Multi-Function Printers (MFPs) Color & Black and White (B & W) Copy/Scan/Print devices
The locations for each of the devices and pricing are listed on the attached Exhibit A: Part 2 - Scope of Services & Pricing
Per Section 2C. of the Participating Addendum # 7-19-70-46-03, order placement and execution shall be on or before the expiration of this Participating Addendum on July 31, 2024. However, delivery of products or completion of services may be after the Participating Addendum expiration date.

MONTEREY BAY OFFICE PRODUCTS, Inc. also known as MBS Business Systems shall provide preventative maintenance, on-going maintenance and repair of all copiers purchased under this agreement for an initial period of five years and up to five one-year extensions.

Contract maintenance pricing includes all parts, labor, supplies and staples. The only exclusion is paper.

Included services are training, installation, IT coordination, assigning employee codes Removal of all existing copier devices is a complimentary e-Waste removal service.

Service Provider commits to a maximum four (4) hour response time during regular business hours:

Monday through Friday, 8:00 a.m. to 5:00 p.m.

# Site Address City Staff
Selected Device
Purchase Price
w/ 9.125 %
Sales Tax
Estimated
Annual
Maintenance
Notes
1 Centennial Recreation Center 171 Edmundson Ave., MH C650i 9,346.56 3,313.30 Add ons: 3-hole punch 2 Community & Cultural Center 17000 Monterey Rd., MH C450i 7,072.39 497.17 Add ons: 3-hole punch 3 Aquatics Center 16200 Condit Rd, MH C450i 7,072.39 455.60 Add ons: 3-hole punch 4 City Hall - Workroom #1 17575 Peak Ave., MH C650i 9,902.00 684.03 Add ons: 3-hole, staple, tri-fold, envelope
& postcards, brochures
5 City Hall -Workroom #2 17575 Peak Ave., MH C450i 7,598.37 1,913.33 Add ons: 3-hole, staple and tri-fold 6 City Hall Northeast - by Building
Dept.- in hallway 17575 Peak Ave., MH C450i 7,598.37 1,913.33 Add ons: 3-hole, staple and tri-fold 7 Council Chamber Bldg. - Copy
Room - East Side 17575 Peak Ave., MH C450i 7,598.37 1,913.33 Add ons: 3-hole, staple 8 Police -Admin 16200 Vineyard Blvd., MH C650i 10,427.99 1,529.67 Add ons: Fax, Staple, Email, envelope tray,
USB port, Collate, Hole punch
9 Police Records 16200 Vineyard Blvd., MH C650i 10,427.99 1,538.49 Add ons: Fax, Staple, Email, envelope tray,
USB port, Collate, Hole punch
10 Police - Patrol Briefing Room 16200 Vineyard Blvd., MH C450i 7,598.37 1,279.71 Add ons: Staple, Email, envelope tray, USB
port, Collate, Hole punch
11 Police - Spec Ops/IT Space 16200 Vineyard Blvd., MH C450i 8,124.36 1,279.71 Add ons: Fax, Staple, Email, envelope tray,
USB port, Collate, Hole punch
12 Police- Dispatch 16200 Vineyard Blvd., MH C3350i 1,980.62 2,000.04 Copy/Scan/Print/Fax Standard 13 Corporation Yard 100 Edes Ct., MH C450i 7,072.39 844.99 Add-ons: 3-hole punch Purchase Price 101,820.17 19,162.71 Annual Maintenance Cost GRAND TOTAL (Purchase Price + 5 Yr. Maintenance) 197,633.70 95,813.53 5-Year Maintenance Cost ANNUAL COST (Purchase and Maintenance) 39,526.74
+ 15%
Purchase Price 101,820.17 $ 22,037.11 Annual Maintenance Cost GRAND TOTAL (Purchase Price + 5 Yr. Maintenance with 15% Contingency) $ 212,005.73 110,185.56 5-Year Maintenance Cost w/
15% Contingency
ANNUAL COST (Purchase and Maintenance w/ 15% Contingency) $ 42,401.15 Monterey Bay Office Products, Inc. Service Agreement
City of Morgan Hill - Purchase of Multi-Function Devices for City Facilities & 5-Year Maintenance Service Exhibit A: Part 2 - Scope of Services & Pricing
Not-to-Exceed Calculation

12 Updated July 2022

EXHIBIT B

SCHEDULE OF COMPENSATION RATES
The pricing stated and included in Exhibit A: Part 2 Monterey Bay Office Products, Inc. (also known as MBS Business Systems) Scope of Services and Pricing is based upon the NASPO ValuePoint Participating Addendum #7-19-70-46-03 entered into between the State of California, Department of General Services and Konica Minolta Business Solutions U.S.A., Inc., under the lead State of Colorado NASPO ValuePoint Master Agreement #140597 (Multi-functional Product (Copier/MFP) Piggyback Contract #140597-7-19-70-46-03.)
The compensation anticipated for the initial five-year period is $212,005.73 and includes the following costs:

1. Purchasing of Multi-Functional Printers per the attached Exhibit A-Part 2. The total amount for the purchase of the 13 MFPs is $101,820.17
Payments for purchase of MFPs is to be invoiced upon delivery of MFPs to City Facilities.

2. Contract maintenance & repair pricing is estimated at $22,037.11 annually for five years, which includes an annual not-to-exceed 15% contingency for the five-year period. The not-to-exceed fiveyear amount for contract maintenance & repairs is $110,185.56. Maintenance & repairs includes all parts, labor, supplies and staples. The only exclusion is paper. The estimated maintenance pricing is based upon historical average maintenance volume (AMV) for several of the copiers currently leased or purchased by the City from Monterey Bay Office Products, Inc. multiplied by the Maintenance and Supply Cost per Copy listed in Exhibit B: Part 2-Multi-functional Product (Copier/MFP) Piggyback Contract #140597-7-19-70-46-03.

Training, installation, IT coordination, assigning employee codes is complimentary per Monterey Bay Offic Products, Inc. There is no cost to the City of Morgan Hill.

Removal of existing devices is a complimentary e-Waste removal service. There is no cost to the City of Morgan Hill.

3. GRAND TOTAL SERVICE AGREEMENT AMOUNT:
a. Purchase of 13 MFPs = $101,820.17
b. Five-Year Maintenance & Repairs = $110,185.56
c. Purchase + 5-Year Maintenance & Repairs = $212,005.73

4. Also attached are:

Exhibit B: Part 2-MBS Business Systems Morgan Hill Purchasing Catalog provided to City on 12/22/2022.

Exhibit B: Part 3-State of California Participating Addendum # 7-19-70-46-03 to Colorado NASPO Value Point Master Agreement # 140597 - Konica Minolta Business Solutions U.S.A., Inc.

2023 Multi-functional Product (Copier/MFP) Program, 2023 NASPO Value Point Pricing Contract# 140597-7-19-70-46-03
Contact: Adam Hughes
Cell: 831.320.8857
[email protected]

Multi-functional Product (Copier/MFP) Piggyback
Contract# 140597-7-19-70-46-03
City of Morgan Hill
Contract maintenance pricing includes all parts, labor, supplies and staples – only exclusion is paper.

Exhibit B: Part 2-Schedule of Compensation City of
Morgan Hill & Monterey Bay Office Products, Inc.

Provided to City on 12/22/2022

2023 Multi-functional Product (Copier/MFP) Program, 2023 NASPO Value Point Pricing Contract# 140597-7-19-70-46-03
Contact: Adam Hughes
Cell: 831.320.8857
[email protected]

Please complete this page and check boxes on equipment page of your choice if you request additional, optional accessories. Pricing listed is for MFP configured with all listed accessories. Please contact Patrick Maguire for revised pricing if all accessories are not needed or with any questions – [email protected] Department:______________________________ Contact: ______________________________________ Location: ________________________________ Phone: ______________________________________ Requested Date of Delivery: _________________ Email: ______________________________________ Will MFP be connected locally to only one workstation via USB? □ Yes □ No Will MFP be connected to the Network? □ Yes □ No
If yes, which features are requested?
□ Printing How many workstations? __________________________________ Is there a live network connection available? □ Yes □ No □ Faxing Is there a live fax connection available? □ Yes □ No □ Scanning Where do want to scan to? □ File/SMB □ Email □ FTP Will you require user access codes programmed on the device? □ Yes □ No If yes, how many user codes will be required? _____________________________________ Please complete User Code request form to list 4-digit codes, user names and access options requested. User Code Request form located on page 4.

Has correct electrical requirement been verified? □ Yes □ No If no, date requested for new outlet installation? _____________________________

MFP NEEDS ANALYSIS FORM
IT Support
Access Codes
Electrical Confirmation

2023 Multi-functional Product (Copier/MFP) Program, 2023 NASPO Value Point Pricing Contract# 140597-7-19-70-46-03
Contact: Adam Hughes
Cell: 831.320.8857
[email protected]

User Name 4 Digit Code Administrator
Security
Access
BW
Output
Access
Color
Output
Access
Access Codes Configuration Page: (list user name, code and yes/no for access rights)

2023 Multi-functional Product (Copier/MFP) Program, 2023 NASPO Value Point Pricing Contract# 140597-7-19-70-46-03
Contact: Adam Hughes
Cell: 831.320.8857
[email protected]

Full Color Output Device
Base System: Cash Price 36 Month 48 Month 60 Month
C300i MFP COLOR Copy/Scan/Print $3,730 $120 $92 $78
 30 Copies Per Minute Console System
 Reversing Auto Document Feeder - 80 opm (DF632)
 Full Color Scanning Capabilities – 80 ipm
 Two 500 Sht. Paper Drawers,150 Sht. Bypass
 Cabinet with Storage
Additional Options Cash Price 36 Month 48 Month 60 Month □ 2 X 500 Sheet Paper Drawer $490 $17 $13 $11
□ 3,200 Sht. Finisher with 50 Sht. Stapling $638 $22 $17 $14 □ Fax Module $482 $17 $13 $11
□ Banner Printing Paper Guide $415 $15 $12 $10
Enter total costs/payment choice in appropriate box:

CASH PURCHASE LEASE - $1 buyout at end of term RENTAL - Return at end of term Maintenance & Supply CPC Year 1 Year 2 Year 3 Year 4
MFP - Black & White Images (required) $.0075 $.0075 $.0075 $.0075 MFP - Full Color Images (required) $.049 $.049 $.049 $.049 Note: Applicable taxes must be added to all pricing. Monthly leasing is billed quarterly in advance; maintenance is billed quarterly in arrears. Red items are optional accessories which must be added to BASE SYSTEM price above. Please check boxes of additional options you wish to add and enter total in yellow box.

Recommended Monthly Usage: 3,000 – 5,000 Images Bizhub Color C300i

2023 Multi-functional Product (Copier/MFP) Program, 2023 NASPO Value Point Pricing Contract# 140597-7-19-70-46-03
Contact: Adam Hughes
Cell: 831.320.8857
[email protected]

Full Color Output Device
Base System: Cash Price 36 Month 48 Month 60 Month
C450i MFP COLOR Copy/Scan/Print $6,116 $193 $147 $124
 45 Copies Per Minute Console System
 Dual Scan Auto Document Feed – 160 opm
 Full Color Scanning Capabilities – 160 ipm
 Two 500, One 1,500, & One 1,000 Sht. Paper Drawers & 150 Sht. Bypass  Finisher with 50 Sheet Stapling
Additional Options Cash Price 36 Month 48 Month 60 Month □ Booklet Finisher w/Folding, Saddle Stitch $482 $17 $13 $11 Tri-Fold and 50 Sheet Stapling
□ Hole Punch Option - 2 and/or 3 Holes $365 $13 $10 $8
□ Fax Module $482 $17 $13 $11
□ Banner Printing Paper Guide $415 $15 $12 $10
Enter total costs/payment choice in appropriate box:

CASH PURCHASE LEASE - $1 buyout at end of term RENTAL - Return at end of term Maintenance & Supply CPC Year 1 Year 2 Year 3 Year 4
MFP - Black & White Images (required) $.0055 $.0055 $.0057 $.0057 MFP - Full Color Images (required) $.049 $.049 $.049 $.049 Note: Applicable taxes must be added to all pricing. Monthly leasing is billed quarterly in advance; maintenance is billed quarterly in arrears. Red items are optional accessories which must be added to BASE SYSTEM price above. Please check boxes of additional options you wish to add and enter total in yellow box.
.

Recommended Monthly Usage: 7,000 – 15,000 Images Bizhub Color C450i

2023 Multi-functional Product (Copier/MFP) Program, 2023 NASPO Value Point Pricing Contract# 140597-7-19-70-46-03
Contact: Adam Hughes
Cell: 831.320.8857
[email protected]

Full Color Output Device
Base System: Cash Price 36 Month 48 Month 60 Month
C650i MFP COLOR Copy/Scan/Print $8,200 $279 $214 $181
 65 Copies Per Minute Console System
 Dual Scan Auto Document Feed – 160 opm
 Full Color Scanning Capabilities – 160 ipm
 Two 500, One 1,500, & One 1,000 Sht. Paper Drawers & 150 Sht. Bypass  Finisher with 50 Sheet Stapler (FS539)
Additional Options Cash Price 36 Month 48 Month 60 Month □ Booklet Finisher w/Folding, Saddle Stitch $509 $18 $14 $12 Tri-Fold and 50 Sheet Stapling
□ Hole Punch Option - 2 and/or 3 Holes $365 $13 $10 $8
□ 3,000 Sht. Large Capacity Cassette $705 $24 $19 $16
□ Fax Module $482 $17 $13 $11
□ Banner Printing Paper Guide $415 $15 $12 $10
Enter total costs/payment choice in appropriate box:

CASH PURCHASE LEASE - $1 buyout at end of term RENTAL - Return at end of term Maintenance & Supply CPC Year 1 Year 2 Year 3 Year 4
MFP - Black & White Images (required) $.0055 $.0055 $.0057 $.0057 MFP - Full Color Images (required) $.045 $.045 $.045 $.045 Note: Applicable taxes must be added to all pricing. Monthly leasing is billed quarterly in advance; maintenance is billed quarterly in arrears. Red items are optional accessories which must be added to BASE SYSTEM price above. Please check boxes of additional options you wish to add and enter total in yellow box.

Recommended Monthly Usage: 13,000–50,000 Images Bizhub Color C650i

2023 Multi-functional Product (Copier/MFP) Program, 2023 NASPO Value Point Pricing Contract# 140597-7-19-70-46-03
Contact: Adam Hughes
Cell: 831.320.8857
[email protected]

Color Desktop All-In-One Device
Base System: Cash Price 36 Month 48 Month 60 Month
C3350i MFP Copy/Scan/Print/Fax (COLOR) $1,815 $62 $47 $40  35 Copies Per Minute Desktop System
 Letter and Legal Size Paper Capacity
 550 Sht. Paper Drawer, 100 Sht. Bypass
 FK517 Fax Kit
Additional Options Cash Price 36 Month 48 Month 60 Month □ Additional 500 Sht. Drawer $159 $6 $5 $4
□ Convenience Stapler $218 $8 $6 $5
□ Finisher, Inner with 20 Sht. Stapling $195 $7 $5 $4
Enter total costs/payment choice in appropriate box:

CASH PURCHASE LEASE - $1 buyout at end of term RENTAL - Return at end of term Maintenance & Supply CPC Year 1 Year 2 Year 3 Year 4
MFP - Everything except paper (required) $.016 $.016 $.017 $.017 MFP - Full Color Images (required) $.06 $.06 $.065 $.065 Note: Applicable taxes must be added to all pricing. Monthly leasing is billed quarterly in advance; maintenance is billed quarterly in arrears. Red items are optional accessories which must be added to BASE SYSTEM price above. Please check boxes of additional options you wish to add and enter total in yellow box.

Recommended Monthly Usage: Less than 1,000 Images Color C3350i

2023 Multi-functional Product (Copier/MFP) Program, 2023 NASPO Value Point Pricing Contract# 140597-7-19-70-46-03
Contact: Adam Hughes
Cell: 831.320.8857
[email protected]

Kip Wide Format Printer/Copier/Scanner
Base System: Cash Price 36 Month 48 Month 60 Month
Kip 7171 Wide Format Printer/Copier/Scanner $18,077 $615 $470 $398  6 D Size Pages Per Minute
 PDF Printing Option via Keycode
 Start-up Toner and 24”X26” Paper Roll
Additional Options Cash Price 36 Month 48 Month 60 Month □ Print Receiving Rack $591 $20 $16 $13
□ Print Original & Receiving Tray $846 $29 $22 $19
Enter total costs/payment choice in appropriate box:

CASH PURCHASE LEASE - $1 buyout at end of term RENTAL - Return at end of term Maintenance & Supply CPC Year 1 Year 2 Year 3 Year 4
MFP - Everything except paper (required) $.040 $.042 $.044 $.046 Note: Applicable taxes must be added to all pricing. Monthly leasing is billed quarterly in advance; maintenance is billed quarterly in arrears. Red items are optional accessories which must be added to BASE SYSTEM price above. Please check boxes of additional options you wish to add and enter total in yellow box.

KIP 7171

Monterey Bay Office Products, Inc.

Exhibit B: Part 3-Schedule of Compensation

13 Updated July 2022

EXHIBIT C

SCHEDULE OF PERFORMANCE
a. The installation, maintenance and repair of the new MFPs will be coordinated with the City of Morgan Hill's Public Services Administrative Manager or other designated City staff at the various City facilities.
b. Also attached is Exhibit C-Part 2-NASPO website extending term of Contract #140597 to 7/31/24.

  







 
 



 
    

 






 




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 Page 116 of 435
5 CITY COUNCIL STAFF REPORT
MEETING DATE: April 19, 2023
PREPARED BY:

Edgard Rizo
APPROVED BY: City Manager
AWARD 2023 INFLOW AND INFILTRATION SANITARY SEWER

PROJECT

RECOMMENDATION(S)

1. Approve 2023 Inflow and Infiltration Sewer Repair Project plans and specifications;

2. Award contract to Pacific Underground Construction for the 2023 Inflow and Infiltration Sewer Repair Project in the amount of $2,387,620;

3. Authorize expenditure of construction contingency funds not to exceed $250,000; and

4. Authorize the City Manager to execute and administer the construction contract with Pacific Underground Construction.

COUNCIL PRIORITIES, GOALS & STRATEGIES
Ongoing Priorities
Maintaining and Enhancing Infrastructure
Enhancing Public Safety
2022-2023 Strategic Priorities
Fiscal Sustainability
REPORT NARRATIVE:

The City’s current Sewer System Master Plan identifies inflow and infiltration (I & I) as a major infrastructure issue faced by the City. The City’s Capital Improvement Program allocates funding for significant repairs to the system over the next five years. The recent sewer condition assessment analysis performed by Schaaf and Wheeler identified numerous locations where sewer lines will need to be repaired in order to reduce the amount of groundwater and stormwater I & I into the City’s sewer system.

Engineering and Maintenance staff worked together to assemble this year's I & I project, which will address critical I & I locations within the City's sewer system.

The plans and specifications were completed in November 2022 and include sewer main repairs at 19 locations within the City (See attached Vicinity Map for locations).

The scope of work for this project includes the cleaning and videoing of the identified

5 sewer mains to be repaired/replaced, repairing and/or replacement of sewer main using pipe bursting, pipe lining or open trench method, manhole replacement or rehabilitation, and sewer videoing of pipe after repairs are completed.

The project was publicly advertised in the Morgan Hill Times on January 20 and 27, 2023.

The bid submission was made at the City of Morgan Hill Development Services Center before March 16, 2023, at 2:00 pm.

The bid opening for this project was held on March 16, 2023, and two (2) bids were received:

Pacific Underground Construction $2,387,620
Precision Engineering, Inc. $2,412,025

Pacific Underground Construction, Inc.’s bid of $2,387,620 is approximately 1% less than the engineer’s estimate of $2,410,025. Pacific Underground Construction, Inc. is an experienced contractor for this type of work and has performed work for the City on previous undergrounding utility projects. Staff recommends awarding the contract to Pacific Underground Construction, Inc. in the amount of $2,387,620. Due to possible unforeseen conditions for underground utility work, staff is requesting a $250,000 contingency for this project. The project is scheduled to start in May 2023 and be completed by December 2023.

The project plans and specifications can be found on the City’s webpage in the Community Project link at:
https://morganhill.ca.gov/1436/Project-Plans-Specifications-and-Bid-Res COMMUNITY ENGAGEMENT:

The 2023 Inflow and Infiltration Sewer Repair Project is located within residential neighborhoods. While there may be inconveniences to residents, staff will work with the contractor to minimize these inconveniences to residents and provide email and door notifications prior to any construction activities. Staff will also provide regular updated construction information weekly through Next-door and on the City’s website.

ALTERNATIVE ACTIONS:

City Council may elect to not award this construction contract and request the project be re-bid. Staff does not recommend this alternative as competitive bids were received.

Rebidding the project is not likely to result in significant savings and it will delay the project approximately three to four months.

5 PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

October 18, 2017 – City Council adopted the 2017 Sewer System Master Plan.

June 17, 2020 - City Council adopted the Capital Improvement Budget which identifies funding for the proposed sewer projects through bond proceeds.

November 20, 2020 – City Council adopted a resolution authorizing the execution of an installment purchase agreement to provide financing of the City’s anticipated projects through the sale of $20 million in sewer revenue bonds.

FISCAL AND RESOURCE IMPACT:

The total authorization for the project would be $2,387,620, with a contingency of $250,000. The project is sufficiently funded in the Fiscal Year 2022-23 Capital Improvement Program (CIP) budget under CIP Project 302018, Sanitary Sewer Rehabilitation, utilizing Sewer CIP Funds (643).

CEQA (California Environmental Quality Act):

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

Murphy Ave
(San Pedro Ave to Barrett Ave)
Condit Rd
(San Pedro Ave to Barrett Ave)
G:\R-14\Proj\GIS\Agustin\I&I.mxd
Engineering and Utilities Department
CIP Engineering Division
2023 Inflow and Infiltration
Sewer Project O
1,800 0 1,800 3,600 5,400 900
Feet
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community

1. 17519 Del Monte Ave.

2. 80 W. Central Ave

3. 13 W 2nd St.

4. 17799 Florence Ct.

5. Hale Ave
11 3
12 7
5 4
2 1
8 9
6 6. 18525 Old Monterey Rd.

7. 18663 Castle Lake Dr.

8. 17065 Creekside Cir.

9. 16310 Monterey Rd.

10. Cochrane Road.

11. Eagle View Dr.

12. 18790 Alicante Cir.

13. 16650 Trail Dr.

14. 2245 Brega Lane.

15. Tassajara Cir.

16. Jackson Oaks Ct.
10 13
14 15
16

G:\R-14\Proj\GIS\Agustin\I&I.mxd
Engineering and Utilities Department
CIP Engineering Division
2023 Inflow and Infiltration
Sewer Project O
4,500 0 4,500 9,000 13,500 2,250
Feet
Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community

16. El Pajaro Ct. @ Trail.

17. 15800 Sunnyside Ave.

18. 1140 Appian Way.

19. 8090 Tahoe Way.
16 17
19 18

6 CITY COUNCIL STAFF REPORT
MEETING DATE: April 19, 2023
PREPARED BY:

Cynthia Iwanaga, Management Analyst
APPROVED BY: City Manager
AWARD 2023 SIDEWALK REPAIR PROJECT TO VILLALOBOS &

ASSOCIATES

RECOMMENDATION(S)

1. Award contract to Villalobos & Associates in the amount of $123,760.50; and authorize the expenditure of 40% construction contingency funds not to exceed $49,504.20 for a total authorization of $173,264.70; and

2. Authorize the City Manager to execute and administer that certain construction contract with Villalobos & Associates.

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 City Council with an opportunity to review and consider the contract prepared to complete the City's 2023 Sidewalk Repair Project.

The scope of work for the 2023 Sidewalk Repair Project will include the removal and replacement of concrete sidewalks at various locations within the City limits from April to June 2023. Over 6,347 square feet of sidewalks will be repaired with this project. The exact locations and City bid documents are attached.

In soliciting bids for this sidewalk repair project, the City advertised in the Morgan Hill Times on January 27, 2023. Bids were posted on the City website and on two online plan room services, Public Purchase and the Builders Exchange of Santa Clara County, whose subscribers include hundreds of contractors as well as Northern California Builders Exchanges. General Engineering (A) and Concrete (C-8) contractors registered

6 on the City's bidders' list were also informed of the bid opportunity via email.

A non-mandatory pre-bid meeting was held on February 9, 2023, via a virtual Zoom meeting. The bid opening was held on March 2, 2023, via a virtual Zoom meeting, and 11 bids were received, as listed below:

Bidder's Name Bid Amount
Villalobos & Associates $123,760.50
NOECON, Inc. $132,929.50
SAE Consulting Engineering $135,163.00
ASG Builders, Inc. $154,962.09
Duran Construction $159,868.00
JJR Construction $173,410.99
Bianchi Concrete $188,996.00
Concentric Concrete $204,273.00
FBD Vanguard Construction $285.845.76
Golden Bay Construction $294,771.00
Burch Engineering &
Construction
Non-responsive: No pricing
provided
The responsible bidder with the lowest responsive bid, Villalobos & Associates, has over seven years of experience and has completed similar projects for the City of Saratoga and the City of Santa Cruz, including sidewalk replacement, curb, and gutter replacement, and installation of Americans with Disabilities Act (ADA) ramps.

Staff recommends a 40% contingency of $49,504.20, which will yield a total construction authorization of $173,264.70 for the sidewalk repair and replacement project. Due to the competitive pricing received, staff recommends the 40% contingency to allow for additional sidewalk repairs this year. Staff recommends that the City Council award the contract to Villalobos & Associates for $123,760.50 and authorize the City Manager to execute and administer the agreement.

COMMUNITY ENGAGEMENT:

Inform
Contractor will post signs at the sidewalk repair sites to inform pedestrians and cars of the construction underway. Notification will also be posted on the City's website, Twitter, and Nextdoor Morgan Hill to inform residents that sidewalk repairs will be underway throughout the City beginning in late April 2023.

ALTERNATIVE ACTIONS:

An alternate action would be to not approve the contract and delay the repair of citywide sidewalks.

PRIOR CITY COUNCIL AND COMMISSION ACTIONS:

While the City Council has not previously taken action on this particular item, conducting

6 sidewalk repairs is an ongoing public safety activity, and the Council has approved numerous contracts for sidewalk repairs in the past.

FISCAL AND RESOURCE IMPACT:

The total authorized amount for this contract is $123,760.50. A 40% contingency of $49,504.20 is approved outside the contract, with the authority granted to the City Manager to access the 40% contingency and change order the contract up to the $173,264.70 amount. Funding for this agreement is allocated in the FY 2022/2023 Budget in Fund 346: Public Facilities.

CEQA (California Environmental Quality Act):

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

SPECIFICATIONS AND CONTRACT DOCUMENTS
for
2023

SIDEWALK REPAIR PROJECT

MORGAN HILL, CALIFORNIA

COMMUNITY SERVICES DEPARTMENT
January 30, 2023
.

NOTICE INVITING INFORMAL BIDS

1. Bid Acceptance. The City of Morgan Hill (“City”), will accept electronic PDF format bids for its 2023 Sidewalk Repair Project (“Project”), by or before Thursday, March 2, 2023, at 10:30 a .m. via e-mail to [email protected] , at which time the bids will be publicly opened and read aloud via a Zoom meeting at
https://bit.ly/2023SidewalkRepairOpening

2. Project Information.

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

Removal and replacement of damaged concrete sidewalks,
curb/gutter/driveway approach and tree root removal.

2.2 Time for Completion. The planned timeframe for commencement and completion of construction of the Project is Spring 2023 with anticipated start in April 2023.

3. License and Registration Requirements.

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

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

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

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 bid security of ten percent (10%) of the maximum bid amount, in the form of a cashier’s

2023 Sidewalk Repair Project NOTICE INVITING INFORMAL BIDS CSD2023-021 Page 1
Version: December 2016
or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that upon award of the bid, the bidder will execute the Contract and submit payment and performance bonds and insurance certificates as required by the Contract Documents within ten (10) days after issuance of the notice of award.

6. Prevailing Wage Requirements.

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

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

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

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

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

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

2023 Sidewalk Repair Project NOTICE INVITING INFORMAL BIDS CSD2023-021 Page 2
Version: December 2016

11. Non-Mandatory Bidders’ Conference. A non-mandatory bidders’ conference will be held on Thursday, February 9, 2023 at 9:30 a.m., via a Zoom meeting. The following is the Zoom link to the meeting:
https://bit.ly/2023SidewalkPreBidMtg The purpose of the conference is to acquaint all prospective bidders with the Contract Documents and the Work.

The bidders’ conference is not mandatory.

12. Estimated Cost. The estimated construction cost is $ 103,000. _______________________________________________________________ By: Michelle Bigelow, City Clerk Date: January 18, 2023 Publication Date: 1) January 27 2023

END OF NOTICE INVITING INFORMAL BIDS

2023 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2023-021 Page 1
Version: December 2016

INSTRUCTIONS TO BIDDERS
Each Bid Proposal submitted to the City of Morgan Hill (“City”) for its 2023 Sidewalk Repair Project (“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

1.1 General. Each bid (“Bid Proposal”) must be 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 2023 Sidewalk Repair Project (“Project”), by or before Thursday, March 2, 2023 at 10:30 a.m., at which time the bids will be publicly opened and read aloud via a Zoom meeting at https://bit.ly/2023SidewalkRepairOpening Bids must be received by the City staff’s e-mail inbox no later than 10:30 a.m. on March 2, 2023. 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.

2023 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2023-021 Page 2
Version: December 2016

3. Requests for Information. Questions regarding the Project, the bid procedures or any of the Contract Documents must be submitted in writing to Cynthia Iwanaga at [email protected] no later than Friday, February 17, 2023 at 5:00 p.m.

4. Addenda. The City will issue an addendum responding to all questions submitted by the February 17, 2023 deadline. The addendum will be issued no later than Thursday, February 23, 2023. Any addenda issued prior to the bid opening are part of the Contract Documents. Subject to the limitations of Public Contract Code section 4104.5, City reserves the right to issue addenda prior to bid time.

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

5.1 Pre-Bid Requests. Any request for submission made before the Contract is awarded must be submitted to the Management Analyst at least ten (10) days before the opening of bids so that all interested bidders may be notified of any approved alternative. Please e-mail requests to [email protected]

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

2023 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2023-021 Page 3
Version: December 2016
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. Each Bid Proposal must be accompanied by bid security of ten percent (10%) of the maximum bid amount, in the form of a PDF of the cashier’s check, a certified check, or a PDF of the bid bond, using the form included in the Contract Documents, executed by a surety licensed to do business in the State of California, made payable to City. The bid security must guarantee that upon award of the bid, the bidder will execute and submit the Contract on the form included in the Contract Documents, will submit payment and performance bonds for one hundred percent (100%) of the maximum Contract Price, and will submit the insurance certificates and endorsements as required by the Contract Documents within ten (10) days after issuance of the notice of award. Submitted packages that do not include a PDF copy of the bid security documents will be deemed nonresponsive.

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

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

2023 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2023-021 Page 4
Version: December 2016
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.

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

2023 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2023-021 Page 5
Version: December 2016
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 the classification(s) required by law to perform the Work. This project requires a valid California contractor’s license for the following classification(s): A (General Engineering) or C-8 (Concrete).

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

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

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

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

19.1 Incorrect Totals. In the event of a computational error for any bid item (base bid or alternate) resulting in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount (estimated quantity X unit cost), unless the cumulative amount of correction changes the total amount of the base bid or bid

2023 Sidewalk Repair Project INSTRUCTIONS TO BIDDERS
CSD2023-021 Page 6
Version: December 2016
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.

19.3. 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.

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

2023 Sidewalk Repair Project BID PROPOSAL
CSD2023-021 Page 1
Version: October 2017

BID PROPOSAL
2023 Sidewalk Repair Project
______________________________ (“Bidder”) hereby submits this Bid Proposal to the City of Morgan Hill (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Informal Bids and in accordance with the Contract Documents referenced therein.

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

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

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

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

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

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

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

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

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

2023 Sidewalk Repair Project BID PROPOSAL
CSD2023-021 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 bid security in the amount of ten percent (10%) of its maximum bid amount in the following form:
____ A cashier’s check or certified check payable to City of Morgan Hill and issued by _______________________________ Bank in the amount of $____________________________.
____ A 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.

2023 Sidewalk Repair Project BID PROPOSAL
CSD2023-021 Page 3
Version: October 2017

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

_________________________________
DIR Registration #
_________________________________ __________________________ Address Phone
_________________________________ __________________________ City, State, Zip E-mail

END OF BID PROPOSAL

2023 Sidewalk Repair Project BID PROPOSAL
CSD2023-021 Page 4
Version: October 2017

BID SCHEDULE
2023 SIDEWALK REPAIR PROJECT
_________________________________
This Bid Schedule must be completed and included with the Bid Proposal. The unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal Form. Quantities shown are required for bid purposes and may or may not be final pay quantities. Actual quantities, if different, must be substantiated during the Project by Contractor (either by field measurement, trucking tags, or other means acceptable to the City’s Project Manager).

Bid
Item
Description of
Bid Item
Approximate
Quantity/Unit of
Measure
Unit
Price
Extended
Total
1 Remove and replace
concrete sidewalks and
driveway at locations
indicated on attached list 6,347 sq. ft.

Bid Schedule Total

END OF BID SCHEDULE

2023 Sidewalk Repair Project SUBCONTRACTOR LIST
CSD2023-021 Page 1
Version: December 2016

SUBCONTRACTOR LIST
2023 SIDEWALK REPAIR PROJECT
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. If no subcontractors will be used, check the “Not Applicable-No Subcontractors,” box below.
☐ NOT APPLICABLE-NO SUBCONTRACTORS

DESCRIPTION

OF WORK

SUBCONTRACTOR
NAME

CALIFORNIA

CONTRACTOR

LICENSE
NUMBER
DIR
REGISTRATION.

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.

2023 Sidewalk Repair Project NONCOLLUSION DECLARATION
CSD2023-021 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]

2023 Sidewalk Repair Project NONCOLLUSION DECLARATION
CSD2023-021 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.

2023 Sidewalk Repair Project BID BOND
CSD2023-021 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 2023 Sidewalk Repair Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ___________________________________________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent (10%) of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:

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

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

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

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

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

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

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

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