Agenda packet — San Carlos City Council, May 9, 2022 (part 1 of 3)

1 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting

May 9, 2022 7:00 P.M.

San Carlos City Hall, Council Chambers
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA

MAYOR: Sara McDowell
COUNCIL: Ronald Collins, John Dugan, Laura Parmer-Lohan, Adam Rak

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE
This meeting will be conducted both in -person at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

In-Person Participation:
 Location. City Hall – 600 Elm Street, Council Chambers.

Masks are no longer required, but are still highly recommended in accordance with California Dept of Health Guidelines. T o maintain public health and safety, please do not attend in person if you are experiencing symptoms associated with COVID-19.

 Provide Public Comment. To address the City Council on any item on the posted agenda, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.

Remote Participation:
 Observe via:
- Zoom. https://us02web.zoom.us/j/88256140939; or call 1-669-900-9128 and enter the Meeting ID #: 882 5614 0939
- Meeting Webportal. www.cityofsancarlos.org/agenda
- Local TV. Comcast Channel 27 and AT&T Uverse Channel 99

 Provide Public Comment. If you plan to make a public comment on any item on the posted agenda, please observe the meeting via Zoom (see above access inf ormation), and during the public comment period for the agenda item you wish to address, use the “r aise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.

Councilmembers may participate in this meeting remotely as authorized by AB 361. 2 3. CHANGES TO THE ORDER OF THE AGENDA

4. PRESENTATIONS
a. Present a Proclamation Recognizing May 2022 as Mental Health Month. b. Present a Proclamation Recognizing May 2022 as Asian American and Pacific Islander Heritage Month.
c. Present a Proclamation Recognizing May 15-21, 2022 as Public Works Week.

5. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Council Communications and Announcements are brief items from members of the City Council regarding upcoming events in the community and correspondence that they have received. They are informational in nature and no action will be taken on these items at this meeting.

6. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so.

Each speaker is limited to two minutes. If there are more than five individuals wishing to speak during public comment, the Mayor may choose to allow t he first five speakers to speak during this time, and the balance of the Public Comment speakers will be called upon at the end of the Council Meeting.

If the item you are speaking on is not listed on the agenda, please be advised that the City Council ma y briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2). The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.

7. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve Minutes of March 28, 2022 City Council Regular Meeting. c. Adopt a Resolution Approving the New Classification Specifications the Following Positions: Assistant Community Development Director, Communications Manager, Permit Technician, Recreation Manager, Senior Sustainability Analyst, and Senior Traffic Engineer; Updating Classification Specifications for the Following Positions: Communications Coordinator and Cook; and Amending the American Federation of State, County and Municipal Employees, Local 829 and Management Group Salary Schedules.
d. Adopt a Resolution Approving the List of P roposed Streets Scheduled to be Resurfaced as Part of the Annual Pavement Rehabilitation Project in Fiscal Year 2022-23 Funded by Senate Bill 1, the Road Repair and Accountability Act. e. Adopt a Resolution Accepting the Improvements for the 2020 Annual Storm Drain Improvements Project C9531 -20; and Authorizing the Public Works Director to Issue and Record a Notice of Completion.
3 f. Adopt a Resolution Making Findings and Authorizing Remote Teleconference Meetings of the City Council and Commissions Pursuant to Assembly Bill 361. g. Adopt Ordinance 1580 Amending San Carlos Municipal Code Chapter 18.18 - Landscaping, Replacing Section 18.18.070 - Trees, and Chapter 18.41 - Terms and Definitions.

8. STUDY SESSION
a. Discuss and Provide Direction on the Potential Partial Street Closures of McCue Avenue, Montgomery Street, Cherry Street and Hall Street in the Greater East San Carlos Neighborhood.
b. Discuss and Provide Direction on Amendments to the San Carlos Municipal Code Section 18.23.210 - Accessory Dwelling Units/Junior Accessory Dwelling Units.

9. NEW BUSINESS
a. Consideration of Adopting a Resolution Approving the Plans and Specifications and Authorizing a Call for Bids for the Installation of New Sports Field Lighting at Flanagan and Stadium Fields, Project C1818.

10. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting.

11. ADJOURNMENT

Any writings or documents p rovided to a majority of the City Council regarding any item on this agenda will be made available for public inspection upon request.

In compliance with the Americans with Disabilities Act and Title VI, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 802 -4222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

March 28, 2022 1

San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Conducted Remotely in Accordance with Assembly Bill 361 March 28, 2022, 7:00 PM

MINUTES

ROLL CALL
City Council Present: Sara McDowell, Mayor
Ronald Collins, Councilmember
John Dugan, Councilmember
Laura Parmer-Lohan, Councilmember
Adam Rak, Vice Mayor

Staff Present: Adam Aronson, Economic Development and Housing Manager Nil Blackburn, Assistant City Manager
Anna Kertel, Recreation Supervisor
Marco Lao, Senior Accountant
Tammy Mak, Senior Accountant
Jeff Maltbie, City Manager
Steven Machida, Public Works Director
Andrea Mardesich, Principal Planner
Caitlyn Matoso, Recreation Coordinator
Rebecca Mendenhall, Administrative Services Director
Tyler Muela, Recreation Supervisor
Crystal Mui, City Clerk
Amy Newby, Parks & Recreation Director
Lisa Porras, Planning Manager
Gregory Rubens, City Attorney
Al Savay, Community Development Director
Wendy Schettino, Recreation Supervisor
Chris Valley, Building Official

1. CALL TO ORDER
The meeting was called to order at 7:01 PM by Mayor Sara McDowell.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor McDowell.

3. CHANGES TO THE ORDER OF THE AGENDA
None.

4. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Councilmember Collins provided an update from a recent Caltrain Electrification Meeting.

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Minutes Acceptance: Minutes of Mar 28, 2022 7:00 PM (CONSENT CALENDAR)

March 28, 2022 2

5. PUBLIC COMMENT
None.

6. CONSENT CALENDAR
Mayor McDowell noted that, in an abundance of caution, she would be abstaining from Item 6d - 2022 Pavement Rehabilitation Project, as her street is listed on the Project.

RESULT: Adopted [Unanimous] City Council/Successor Agency to the Redevelopment Agency Consent Calendar Items ‘a’ – ‘c’ and ‘e’.

MOVER: Laura Parmer-Lohan
SECONDER: Ronald Collins
AYES: Rak, Dugan, Collins, Parmer-Lohan, McDowell
a. Motion to Waive Reading of All Ordinances.
b. Approve Minutes of February 28, 2022 City Council Regular Meeting. c. Accept and Authorize the Filing of the Housing Successor Agency Annual Report for Fiscal Year 2020-2021.
d. Adopt a Resolution Approving the Plans and Specifications and Authorizing a Call for Bids for the 2022 Pavement Rehabilitation Project C9416-22.

RESULT: Adopted [4 – 0 – 1] Resolution 2022 -031 Approving the Plans and Specifications and Authorizing a Call f or Bids for the 2022 Pavement Rehabilitation Project C9416.

MOVER: Laura Parmer-Lohan
SECONDER: Ronald Collins
AYES: Rak, Dugan, Collins, Parmer-Lohan
ABSTAIN: McDowell
e. Deny Claim of Khalil Maslam.

7. REPORTS TO COUNCIL
a. Receive a Report on the City's State of the Streets.

Public Works Director Steven Machida provided background on the Pa vement Management Program (PMP), reported on the City's current street conditions and responded to Council questions.

8. NEW BUSINESS
a. Consideration of Accepting the Housing Element Annual Progress Report for 2021 and Direct Staff to Submit the Report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

Advanced Planning Manager Lisa Porras presented on the 2021 Housing Element Progress Report and provided an update on the City's Housing Element.

She and Economic Development Housing Manager Adam Aronson responded to Council question.

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Minutes Acceptance: Minutes of Mar 28, 2022 7:00 PM (CONSENT CALENDAR)

March 28, 2022 3
RESULT: Accepted [Unanimous] the Housing Element Annual Progress Report for 2021 and Direct Staff to Submit the Report to the California Department of Housing and Community
Development and the Governor’s Office of Planning and
Research.

MOVER: Ronald Collins
SECONDER: Adam Rak
AYES: Parmer-Lohan, Rak, Dugan, Collins, McDowell
b. Consideration of Fiscal Year 2022 -23 Mid -Cycle Budget Adjustments and Adopting a Resolution Adopting the Proposed Mid -Cycle Fiscal Year 2022 -23 General Fund Appropriation Budget.

City Manager Jeff Maltbie commenced the item by discussing the cost, need and relevance of the proposed budget adjustments. Administrative Services Director Rebecca Mendenhall outlined the proposed changes to the mid-cycle budget. Mr.

Maltbie and Ms. Mendenhall responded to Council questions.

Mayor McDowell requested a staff be assigned to track environmental remediation and post environmental clean-up reports on the project’s site.

RESULT: Adopted [Unanimous] Resolution 2022-032 Adopting the Proposed Mid -Cycle Fiscal Year 2022 -23 General Fund
Appropriation Budget.

MOVER: John Dugan
SECONDER: Laura Parmer-Lohan
AYES: Collins, Parmer-Lohan, Rak, Dugan, McDowell
c. Consideration of Fiscal Year 2022 -23 Mid -Cycle Budget Adjustments and Adopting a Resolution Adopting the Proposed Mid -Cycle Fiscal Year 2022 -23 Capital Fund Budgets.

Administrative Services Director Rebecca Mendenhall presented on the Capital funds recommendations. Public Works Director Steven Machida, Parks and Recreation Director Amy Newby and City Manager Jeff Maltbie responded to Council questions.

Public Comment
Sonia Elkes, resident, expressed disappointment with the California drought and provided a suggested measure to include in the Bicycle Pedestrian Master Plan.

Council requested staff add a project to the unfunded list for a holistic plan for streets, sidewalks and streetscape improvements in the Industrial Arts District and expressed an interest to discuss (at a future meeting) additional investment for ongoing programs for sidewalk and pedestrian improvements.

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Minutes Acceptance: Minutes of Mar 28, 2022 7:00 PM (CONSENT CALENDAR)

March 28, 2022 4
RESULT: Adopted [Unanimous] Resolution 2022-033 Adopting the Proposed Mid -Cycle Fiscal Year 2022 -23 Capital Fund
Budgets.

MOVER: Laura Parmer-Lohan
SECONDER: John Dugan
AYES: Dugan, Collins, Parmer-Lohan, Rak, McDowell

Vice Mayor Rak abstained from Burton Park’s Lighting and Playground Projects due to their close proximity to his home.

9. AGENDA SETTING
None.

10. ADJOURNMENT
The meeting adjourned at 9:01 PM.

Crystal Mui,
City Clerk

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Minutes Acceptance: Minutes of Mar 28, 2022 7:00 PM (CONSENT CALENDAR)

CITY COUNCIL

STAFF REPORT

MEETING DATE: May 9, 2022

ITEM TITLE: Adopt a Resolution Approving the New Classification Specifications the Following Positions: Assistant Community Development Director, Communications Manager, Permit Technician, Recreation Manager, Senior Sustainability Analyst, and Senior Traffic Engineer; Updating Classification Specifications for the Following Positions: Communications Coordinator and Cook; and Amending the American Federation of State, County and Municipal Employees, Local 829 and Management Group Salary Schedules.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution:
- Approving the new classification specifications for the following positions: Assistant Community Development Director, Communicatio ns Manager, Permit Technician, Recreation Manager, Senior Sustainability Analyst, and Senior Traffic Engineer; - Updating classification specifications for the Communications Coordinator and Cook positions; and
- Amending the American Federation of State , County and Municipal Employees, Local 829 (AFSCME) and Management Group Salary Schedules.

FISCAL IMPLICATIONS:

There are no fiscal implications or costs associated with amending the classification specifications. These positions were all approved as part of the Fiscal Year 2022 -23 Adopted Budget.

BACKGROUND:

This item is coming before the Council per Chapter 2.44.050 of the City’s Municipal Code, which states that revisions of a position classification shall be adopted by Council Resolution.

On March 28, 2022, the City Council approved several new or updated positions w ith the adoption of the Mid-Cycle Fiscal Year 2022-23 Budget.

ANALYSIS:

The classification specification s have been created or updated to provide an accurate description of the duties a nd responsibilities of the positions , as well as the minimum

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2 qualifications needed. All proposed changes were reviewed and approved by the department supervisors to whom these positions report and the union representative, if applicable.

Below is a brief overview of the positions:

Assistant Community Development Director
The Assistant Community Development Director will provide support and assistance to the Community Development Director in planning, organizing, coordinating , and directing the functions of the City's Community Development Department in the administration and maintenance of the City's General Plan Zoning Ordinance and other development regulations.

Communications Coordinator
The Communications Coordinator classification specification was last revised in 2016. This position is responsible for coordinating, updating, and managing the City’s website content, updating and monitoring the City’s social media platforms, and supporting production of print publications such as the “Good Living” and “Spotlight” newsletters.

Communications Manager
The Communications Manager will oversee community engagement and direct the development and refinement of City communications; proactively prov ide accurate, timely, and transparent information pertinen t to the San Carlos community; and work to keep the public, providers, media, community partners, employees, and other City stakeholders informed about valuable City information such as available resources, programs, events, and projects.

Cook
The Cook classification specification was created in 2016 as a part -time position. It is now budgeted as a full-time position. The position is responsible for managing the meal program at the Adult Community Center, including menu planning, purchasing food, prepari ng quality meals, supervising volunteers, and maintaining a clean and orderly kitchen.

Permit Technician
The Permit Technician will provide technical and general information for permit applications, building inspection, routine building code requiremen ts and ordinances, inspection proced ures, and permit process es; check plans for completeness on minor residential and c ommercial development projects; and, calculate permit fees.

Recreation Manager
The Recreation Manager will plan, organize, and direct the operation of the Recreation Division with general direction from the Parks and Recreation Director . T he incumbent will exercise direct and indirect supervision over personnel in assigned program areas.

Senior Sustainability Analyst
The Senior Sustainability Analyst will be responsible for the oversight and management of the City's sustainability program, including developing, planning , and implementing activities to assist municipal operations and the community -at-large in reducing greenhouse gas emiss ions and water use. This position will communicate sustainability principles and programs to a wide variety of City staff, community leaders, business executives, and residents.

Senior Traffic Engineer
The Senior Traffic Engineer will perform professional traffic engineering work in the planning, design, construction, maintenance and operation of traffic control equipment and related

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3 facilities; oversee the work of assigned staff; and, supervise and participate in traffic engineering work, projects, and study.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution approving the classification specification for the following positions:

Assistant Community Development Director, Communications Manager, Permit Technician, Recreation Manager, Senior Sustainability Analyst and Senior Traffic Engineer; updating classification specifications for the Communications Coordinator and Cook positions; and amending the American Federation of State, County and Municipal Employees, Local 829 (AFSCME) and Management Group Salary Schedules; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall,
Administrative Services Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution

2. Exhibit A to Resolution: All Classification Specifications

3. Exhibit B to Resolution: AFSCME, Local 829 Salary Schedule

4. Exhibit C to Resolution: Management Salary Schedule

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RESOLUTION NO. 2022 –_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

APPROVING THE NEW CLASSIFICATION SPECIFICATIONS THE FOLLOWING POSITIONS: ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR, COMMUNICATIONS

MANAGER, PERMIT TECHNICIAN, RECREATION MANAGER, SENIOR SUSTAINABILITY ANALYST, AND SENIOR TRAFFIC ENGINEER; UPDATING CLASSIFICATION SPECIFICATIONS FOR THE FOLLOWING POSITIONS: COMMUNICATIONS COORDINATOR AND COOK; AND AMENDING THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 829 AND MANAGEMENT GROUP SALARY SCHEDULES.

WHEREAS, Chapter 2.44.050 of the City’s Municipal Code states that any revisions to a position classification shall be adopted by Council Resolution; and

WHEREAS, on March 28, 20 22, the City Counc il approved several new or updated positions with the adoption of the Fiscal Year 2022-23 Budget; and

WHEREAS, it is now necessary to create classification specifications for the Assistant Community Development Director, Senior Traffic Engineer, Communications Manager, Permit Technician, Recreation Manager , and Senior Sustainability Analyst positions to reflect the requirements and responsibilities of the positions; and

WHEREAS, it is also now necessary to update the classification specifications for the Cook, and Communications Coordinator, positions to reflect the current requirements and responsibilities of the positions; and

WHEREAS, the American Federation of State, County and Municipal Employees (AFSCME) Local 829 and the Management Group Salary Schedules need to be amended to include the new and updated classifications.

NOW, THEREFORE BE IT RESOLVED , that the City Council of t he City of San Carlos hereby approves:

1. The New Classification Specifications the following Positions (as shown in Exhibit A):
a. Assistant Community Development Director
b. Communications Manager
c. Permit Technician
d. Recreation Manager
e. Senior Sustainability Analyst
f. Senior Traffic Engineer;

2. Updating Classification Specifications for the following positions (as shown in Exhibit A):
a. Communications Coordinator
b. Cook; and

3. Amending the American Federation of State, County and Municipal Employees, Local 829 and Management Group Salary Schedules. (Exhibits B and C)

* * * * *

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Attachment: Resolution (New Classification Specification) I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of San Carlos at a scheduled meeting held on the 9th day of May, 2022, by the following vote:

AYES, COUNCILMEMBERS: _______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________

_________________________________
CITY CLERK of the City of San Carlos

APPROVED:

__________________________________
MAYOR of the City of San Carlos

Exhibits:

A. Classification Specifications for the Assistant Community Development Director, Communications Coordinator, Communications Manager, Cook, Permit Technician, Recreation Manager, Senior Sustainability Analyst, and Senior Traffic Engineer B. Updated AFSCME, Local 829 Salary Schedule
C. Updated Management Group Salary Schedule

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Attachment: Resolution (New Classification Specification)

CITY OF SAN CARLOS
ADOPTED CC: 05/09/2022

FLSA STATUS: EXEMPT
At-Will

ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR

DEFINITION
To provide support and assistance to the Community Development Director in planning, organizing, coordinating and directing the functions of the City's Community Development Department, in the administration and maintenance of the City's General Plan, Zoning Ordinance and other development regulations.

DISTINGUISHING CHARACTERISTICS
This is a management position in which the incumbent operates within a broad range of independence, following general guidelines or professional standards in accomplishing assignments. Assignments are broad in scope and carried out with a significant degree of latitude and independence. This position is distinguished from the higher -level Director of Community Development in that the latter has overall department- wide authority and responsibility. This classification is distinguished from the Economic Development and Housing Manager, Planning Manager , and Building Official management level classifications, in that the Assistant Director assumes responsibility for projects in multiple divisions and may act as the Director of Community Development in their absence.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
• Manages and participates in the development and implementation of goals, objectives, policies, and priorities for assigned functions and programs; recommends, within division policy, appropriate service and staffing levels; recommends and administ ers policies and procedures.
• Assists in managing and participates in the development and administration of the Community Services annual budget; directs the forecast of additional funds needed for staffing, equipment, materials, and supplies; directs the monitoring of and approves expenditures; directs and implements adjustments as necessary. • Continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors workload, administrative and support systems, and internal reporting relationships; identifies opportunities for improvement and reviews with the Director; directs the implementation of improvements. • Selects, trains, motivates, and evaluates assigned personnel; provides or coordinates st aff training; works with employees on performance issues; responds to staff questions and concerns; makes discipline recommendations to the Director. • May act as a representative or delegate the responsibility to serve as delegate to educational institutions, government agencies, community groups, private businesses, and others regarding questions, problems, concerns, and activities in the provision of recreation program operations, activities, and services.
• Receives and responds to or delegates the authority to respond to inquiries, concerns and complaints regarding department programs, activities and personnel. • Oversees the preparation of and execution of program publicity brochures, press releases,

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) flyers, and forms.
• Connects with community stakeholders to identify emerging and existing community needs.

Respond to and/or resolve sensitive and/or complex questions or concerns. • Coordinates and collaborates with other departments, agencies and organizations in program and event planning and implementation as appropriate.
• Represents the department at Commission, City Council and at community meetings, as required.
• Performs other duties as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of
• Operational characteristics, services and activities of a comprehensive community development department.
• Organization and management practices as applied to community development programs, policies and operational needs.
• Project management principles and concepts.
• Principles and practices of budget preparation and administration. • Principles of supervision, training and performance evaluation.

Skills to:
• Analyze technical and administrative information.
• Public speaking, written and oral communications.
• Problem solve and thought processing.

Ability to
• Lead as a member of a networked team.
• Facilitate public meetings.
• Engage in ongoing process improvement review and implementation. • Maintain and exhibit discretion, honesty and integrity when handling sensitive situations. • Participate in a collaborative and positive manner with internal and external stakeholders. • Understand, interpret and explain codes, regulations and policies. • Provide vision and set operational goals to achieve this vision. • Deal constructively with conflict and develop solutions. • Learn quickly and think strategically.
• Generate options and make recommendations.
• Take responsibility.
• Set priorities and multi-task.
• Determine when to seek assistance, refer, inform or escalate a problem. • Be innovative and willing to take initiative.
• Communicate clearly and concisely, both orally and in writing. • Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work.

EDUCATION AND EXPERIENCE
Sufficient educa tion and exper ience to successfully perform the essential duties of this classification. A typi cal way of gaining the knowledge, skills and abilities would be:

Experience: Six (6) years of professional planning and community development experience

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) including a minimum of three (3) years of management and adm inistration experience in a supervisory and leadership role.

Education: Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, public policy, planning, urban studies, economics or a closely related field.

Licenses and Certificates
Possession of a valid California Driver’s license.

SPECIAL REQUIREMENTS
Work is primarily performed in an office environment with extensive work at a computer workstation. Requires frequent attendance and participation in evening and weekend meetings, field work and site visits to locations, including urban undeveloped and developed areas and open space, underdeveloped land parcels, and project development sites. Travel to professional seminars, meetings as needed.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

CITY OF SAN CARLOS
ADOPTED CC: 05/27/2014
REVISED CC: 05/23/2016
REVISED CC: 05/09/2022

FLSA STATUS: NON - EXEMPT

COMMUNICATIONS COORDINATOR

DEFINITION
As part of the City’s Communications Team, this position is responsible for coordinating, updating, and managing the City’s website content, updating and monitoring the City’s social media platforms, and supporting production of print publications such as the “Good Living” and “Spotlight” newsletters.

The Communications Coordinator will develop content for the website, including producing, filming, and editing video; and supporting various outreach efforts as assigned in an effort to inform and engage the community. This position will require the ability to occasionally work weekends and/or evenings, as assigned. As member of the City Manager’s Office’s Communications team, this position will review and approve website content developed by all other City departments to ensure grammatical excellence, as well as consistency with the City’s communications standards, social media policy, and outreach guide. This position will ensure information is accurate and up-to-date, and that all opportunities for public engagement and feedback are properly noticed.

This position will manage modules that support the City’s website, such as department project pages, specifically the Community Development and Public Works departments, in coordination with department staff. The Communications Coordinator will assist in the production, editing, and distribution of all City communications, including social media posts, videos, billboard ads, flyers, surveys, and newsletters.

SUPERVISION EXERCISED AND RECEIVED
Supervised by the Assistant City Manager, with direction from the Communications Manager. It is likely the Communications Coordinator will report directly to the Communications Manager once a Communications Division is established.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
• Update and manage City website content, including project pages, news items, calendars, and E-notification emails;
• Monitor website analytics through Siteimprove and other available tools; analyze information and take action as necessary to improve website functionality and provide reports to Communications Team;

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) • Write, edit, and prepare informational materials to inform the community of City issues, services, programs, and events;
• Develop, plan, and implement opportunities to improve public awareness of and involvement in City services, programs, plans, and projects; • Establish, maintain, and foster cooperative working relationships with City departments in the course of work to support the website and communications needs of all departments;
• Provide training to other departments and staff as needed related to best practices for website communication and maintenance;
• Provide basic graphic design work and perform visual content creation and editing for use on the City website, social media channels, and video series; take photographs as necessary;
• Prepare topics for the City’s online town hall forum, Shape San Carlos, and monitor and report on activity;
• Produce videos on various topics for posting on the Website, YouTube, and other City outlets;
• Support the Communications Team on other communications efforts as needed, maintain and update the City’s social media resources (Facebook, Twitter, Instagram, Youtube, and Nextdoor), insuring an active and engaging presence and appropriate content; • Prepare information for billboards and local TV channel; • Assist with various tasks as assigned, including community engagement and volunteer events.

JOB-RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:
• Website maintenance and content development;
• Social media platforms, tools, and account management; • Graphic design and multimedia production and editing tools like Photoshop, Canva, Adobe, etc. (preferred);
• Excellent grammar, punctuation, spelling, and diction; • Collaborative problem-solving methods;
• Conceptual and analytical thinking;
• Local government, particularly city services and programs (preferred); • Principles and practices of public outreach and communication.

Ability and Skills to:
• Post content, monitor, and evaluate website and social media outlets; • Develop written material, photos, and video for the community; • Work proficiently with Microsoft Office, including effective use of Word, Excel, and PowerPoint;
• Communicate effectively orally and in writing. Write clearly and concisely for a variety of audiences and prepare public information to engage and inform the community;

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) • Comprehend and follow oral and written instructions; review data in detail to check for errors or omissions; manage time and activities to complete assignments timely; and function independently with minimal supervision;
• Effectively manage project assignments and multiple priorities to operate within budget and meet all objectives and deadlines;
• Establish effective relationships with those contacted in the course of work, ensuring positive interpersonal relations with others;
• Develop and maintain administrative databases and other information; • Make presentations;
• Work with teams to complete various tasks as needed.

EDUCATION AND EXPERIENCE
Sufficient educa tion and exper ience to successfully p erform the essential duties of thi s classification. A typi cal way of gaining the knowledge, skills and abilities would be:

Experience: T wo (2) years professional experience in managing public engagement activities, updating and editing website content, writing and editing for various media, including website and social media, and preparing written and visual content for a variety of platforms.

Education: Bachelor’s degree from an accredited college or university with major course work in in communications, marketing, or journalism preferred.

Licenses and Certificates
Possession of a valid California Driver’s license.

SPECIAL REQUIREMENTS
Position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement, and fine coordination when using a computer keyboard.

Additionally, the position requires near vision in reading correspondence, statistical data, and using a computer, and hearing and speech to communicate in person and over the telephone. The need to lift, drag, and push files, paper, and documents weighing up to 25 pounds also is required. Ability to travel to various locations within and outside San Carlos to meet program needs and fulfill the job responsibilities. Ability to assist with in the setup of event sites. Must be able to conduct City business during day and evening hours, including occasional weekend and irregular hours. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

WORK ENVIRONMENT
Incumbent generally works in an office setting. The noise level in the work environment is usually quiet, but can be moderately noisy. The work environment requires working in a public setting and interacting with members of the public. The incumbent may potentially be asked to work remotely, part or full time, depending on the needs of the organization.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

CITY OF SAN CARLOS
ADOPTED CC: 05/09/2022

FLSA STATUS: EXEMPT
At-Will

COMMUNICATIONS MANAGER

DEFINITION
This position will be a part of the City Manager’s Office. The Communications Manager develops and executes the City of San Carlos’ Master Communication Plan and implements the City’s overall communication strategy.

In addition to advancing the City Cou ncil’s strategic goals, objectives and key messages, the Communications Manager will create, organize, and direct strategic communications initiatives across all City departments.

The Communications Manager oversees community engagement and directs the development and refinement of City communications; proactively provides accurate, timely, and transparent information pertinent to the San Carlos community; and works to keep the public, providers, media, community partners, employees, and other City stakeholders informed about valuable City information such as available resources, programs, events, and projects.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Assistant City Manager and City Manager. Exercises direct or indirect supervision over other staff as assigned.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
• Develops and executes the City of San Carlos Master Communication Plan (Plan); ensures the Plan advances the Strategic Objectives of the San Carlos City Council, and is consistent with the City’s Mission and Vision statements
• Creates and implements the use of a Citywide Master Communications Calendar; collaborates with all departments to ensure City communications are planned, coordinated, and standardized; updates the Calendar to reflect new Citywide outreach campaigns and provides training to staff as necessary;
• Develops and maintains policies, guidelines, and procedures for communications and dissemination of public information, internally and externally; • Collaborates with departments to plan and coordinate public meetings, surveys, and other outreach efforts to better understand community views regarding potential City decisions, satisfaction with City services, and preferences for engaging with the City; • Manages the City of San Carlos Website:
o Manages content across all departments on the City website; proofreads, edits, and updates content; acts as a gatekeeper reviewing all content before publishing; o Composes website content, including: core page content, news items, calendar items, e-notifications, forums, and surveys;
o Oversees website updates, including preparing and issuing Requests for Proposals (RFPs), conducting needs assessments, selecting vendors, issuing contracts, and managing vendors;
• Manages Social Media Platforms:
o Oversees all City social media platforms, including: Facebook, Twitter, Instagram,

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) Nextdoor, and YouTube; updates the City’s Social Media Policy as necessary; o Creates engaging content across all platforms; proactively informs the community of programs, initiatives, and events;
o Monitors and responds to community questions across platforms; actively works to correct misinformation;
• Serves as Editor-In-Chief for Good Living and Spotlight Newsletters:
o Oversees and coordinates the publishing, printing, and distribution of the Good Living and Spotlight Newsletters, including the Annual Community Report; o Manages the associated contract(s) for vendors providing design, publishing, and printing services;
• Researches, develops, writes, and edits informational outreach materials including postcards, flyers, letters, newsletters, emails, blog posts, and other communications to inform the community of City issues, services, programs, and events and oversee work of consultants; • Develops, plans and implements opportunities to improve public awareness of and • Updates and edits the City of San Carlos Outreach Guide; ensures City branding, fonts, and colors are updated as necessary; provides training for new staff; • Oversees City billboard advertising contracts and calendar; manages the Adult Community Center (ACC) electronic billboard, coordinates requests, creates and manages content; updates and edits ACC billboard policy and guidelines as necessary; • Manages community engagement platform; creates surveys, and prepares reports to Council; • Creates and develops videos to share with the community that inform and highlight the City’s accomplishments, programs, and events;
• Perform related duties as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of
• Advanced principles, techniques and practices of public information, media, marketing and public relations
• Advanced principles and techniques of professional writing, English grammar, spelling, and punctuation
• Principles, practices and concepts of open government and citizen participation and operational characteristics, services and activities of municipal government • Effective outreach strategies and techniques for engaging community and neighborhood organizations and other such organizations
• Modern office technology, equipment, and procedures.

Ability to
• Lead and manage a comprehensive strategic communication plan, and related community outreach programs;
• Prepare a wide variety of effective, professional, and attractive outreach, utilizing both traditional and social media, to reach target audiences; • Prepare and present clear, effective, and accurate staff reports, correspondence, policies, procedures, and other oral and written materials;
• Organize own work as well as the work of others, set priorities, meet critical deadlines, and follow-up on assignments with a minimum of direction;
• Analyze difficult problems, develop a positive course of action and follow through on its implementation; and
• Represent the City effectively in contacts with elected officials, representatives of other agencies, City departments, and the public.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

EXPERIENCE AND EDUCATION:

Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience: Five (5) years of experience in performing relevant, professional level work in managing public engagement activities, preparing and overseeing websites and social media outlets, and preparing written and visual content for a variety of platforms. some lead or supervisory experience.

Education: Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, public policy, marketing, communications or a closely related field. Master’s degree preferred.

License and Certificate
Possession of or ability to obtain a valid California Driver License at the time of appointment.

SPECIAL REQUIREMENTS
Position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination when using a computer keyboard.

Ability to travel to various locations within and outside the City of San Carlos to meet program needs and fulfill the job responsibilitie s. Ability to assist with the set- up of event sites. Must be able to conduct City business during day and evening hours, including occasional weekend and irregular hours.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

CITY OF SAN CARLOS
ADOPTED CC: 11/28/2016
REVISED CC: 05/09/2022

FLSA Status: Non-Exempt

COOK

DEFINITION
Under general direction, this position is responsible for managing the meal program at the Adult Community Center, including menu planning, purchasing food, preparing quality meals, supervising volunteers and maintaining a clean and orderly kitchen.

The regular work schedule for this position is Monday through Friday and occasionally nights and weekends to accommodate special events.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
• Plans menus with consideration for wholesomeness, and quantity of food to be prepared within budgetary constraints.
• Estimates food requirements and requisitions for food and supplies. • Prepares, cooks and serves a wide variety of quality food. • Maintains proper temperature and storage of food.
• Oversees that the kitchen and equipment are kept clean, sanitary and in proper working condition.
• Maintains standards of safety and sanitation in kitchen area. • Supervises, instructs and directs volunteers assigned to work in the kitchen. • Keeps records and prepares reports as required.
• Interacts cooperatively with staff and members of the public. • Other duties as assigned.

JOB-RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

Proper methods of preparation and cooking of large food quantities; food nutritional values and proper dietary combinations; food purchasing; proper use of knives, scissors and other cooking tools; kitchen sanitation and methods of cleaning, care of kitchen equipment; occupational hazards and safety precautions.

Ability to:

Follow recipes for food preparation; plan and organize menus, food preparation and serving operation to meet a fixed schedule; maintaining proper inventory records of supplies; prepare required quantities with minimum waste; follow oral and written instructions; communicate effectively, both orally and in writing; get along with others; keep simple records.

Incumbents must possess the physical and mental capacity to work under the conditions described in this document and to perform the duties required by their assigned position.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

EDUCATION AND EXPERIENCE
Sufficient education and experience to satisfactorily perform the duties of this classification. A typical qualifying background would be:

Education: High school diploma or equivalent is required.

Experience: Two (2) years’ experience as a cook, preparing all elements of full course meals.

Licenses and Certificates:

Possession of a California driver's license issued by the Sta te Department of Motor Vehicles.

Maintain a valid ServSafe Food Handler certificate. Possession of a ServSafe Manager certificate highly desirable.

SPECIAL REQUIREMENTS:

This position works in a commercial kitchen environment with exposure to hot/cold temperatures. Must have the ability to stand, stoop and bend for long periods of time. Lift, carry or push materials, supplies, and equipment weighting up to fifty (50) pounds.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

CITY OF SAN CARLOS
ADOPTED CC: 05/09/2022

FLSA STATUS: NON-EXEMPT

PERMIT TECHNICIAN

DEFINITION
Under general direction, provides technical and general information and customer service duties related to building permits and development or planning appl ications, serves the public at the front counter, calculates permit fees, and; performs related work as required.

DISTINGUISHING CHARACTERISTICS
The Permit Technician is distinguished from the Administrative Clerk series in that the latter handles more administrative -type support duties for about half or more than half of the time whereas the Permit Technician handles the more technical permits processing duties for the preponderance of the time.

SUPERVISION RECEIVED AND EXERCISED
Supervision is provided by the Division Manager, or designee. No supervision is exercised in this position.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
• Efficiently process permit applications ; en sure all necessary approvals are obtained prior to permit issuance.
•
Perform elementary plan checking duties at the public counter, reviewing for completeness and for conformance to building and other appropriate policies and procedures as assigned. • Courteously and accurately r espond to inquiries and confer with builders, engineers, contractors, architects, and the public concerning submittal requirements, building codes and permit regulations at the counter and over the phone.
• Assemble, route and monitor plans and associated information through various City departments and agencies for the plan review process and permit issuance. • Accurately enter appropriate information into logs and records of permits issued. Maintain and compile record files, forms and reports concerning building inspection and plan review activities.
• Perform general clerical tasks and use the computer to enter data using spreadsheets and maintain information.
• Calculate various valuations, plan check fees and permit fees. •
Sort and file documents and records, maintaining alphabetical, index and cross refere nce files; M
aintain complex office records related to building inspection and code enforcement. •
Research and assemble information from a variety of sources for the completion of forms or the preparation of reports
;
Make arithmetic or statistical calculations.
•
Organize and maintain various departmental files. Type correspondence, reports, forms, and specialized documents from drafts, notes, or brief instructions. Proofread and check typed

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) and other materials for accuracy, completeness, and compliance with departmental policies and regulations.
• Act as receptionist, receive and screen visitors and telephone calls and direct the caller to the proper person or personally handle the call.
• Operate standard office equipment.
• Perform related duties as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:

Modern office practices and procedures; be familiar with review of building plans, codes, ordinances and related terminology; architectural drawing convention and what comprises a complete set of plans; processes and procedures associated with construction permits; records management practices.

Skill in:

Performing accurate arithmetic calculations; operate computer and calculator with speed and accuracy.

Ability to:

Learn quickly and apply departmental policies and procedures affecting the acceptance and review of permit applications and commonly used codes and ordinances; understand the relationship between City zoning ordinances and building code requirements; follow verbal and written instructions; communicate effectively in both verbal and written form; establish effective working relationships with customers and City staff; keep accurate records.

EXPERIENCE AND EDUCATION
Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience: High school diploma or equivalent is required. An associate degree or completion of technical courses in building codes or inspection principles or techniques is desirable. ICC Permit Technician Certification is highly desirable.

Education: Two (2) years experience working in a building or planning department, with six (6) months to one (1) year of experience in computerized permit applications processing.

Licenses: Possession of a valid California Driver's License.

Certificates: ICC Permit Technician Certification is required within the first full year of employment with the City in this position

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

SPECIAL REQUIREMENTS
Position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination when using a computer keyboard.

Must be able to conduct City business during day and evening hours, including occasional weekend and irregular hours.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

CITY OF SAN CARLOS
ADOPTED CC: 05/09/2022

FLSA Status: Exempt
At-Will

RECREATION MANAGER

DEFINITION
Under the general direction of the Parks and Recreation Director, plans, organizes and directs the operation of the Recreation Division; provides highl y responsible, professional and technical staff assistance; and performs related work as required.

SUPERVISION EXERCISED AND RECEIVED
Receives general direction from the Parks and Recreation Director and exercises direct and indirect supervision over personnel in assigned program areas.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
• Formulates policies, procedures, goals and objectives of the Recreation Division; analyzes the effectiveness of division programs and delivery systems; and recommends oper ational changes.
• Plans, organizes, directs and supervises the work of the Recreation Division. • Coordinates the work of the division with other City departments, City divisions, other groups and agencies, and various vendors.
• Plans, organizes, coordinate s and directs the work of full and part -time subordinates in developing and implementing broad and comprehensive community recreation, cultural, athletic, social and human services programs including the implementation of various service delivery systems.
• Plans, organizes, coordinates and directs the planning, staffing and operation of support staff personnel who deal with the public, provide clerical support to program staff, collect and handle program fees and other revenues, and other office operations. • Is responsible for recommending the selection and hiring process for new employees; is responsible for division training and the supervision of employees; reviews performance evaluations and personnel actions and takes, or recommends, appropriate corrective action, as required.
• Surveys City recreation and other facilities and identifies infrastructure concerns and assists in the administration of recreation capital improvements. • Assists in preparation of annual Recreation Division budget including t he written work program; controls budgetary expenditures and works with City Finance Department personnel to manage division revenue collection and cash handling. • Supervises the development and production of the City’s Recreation Activities Guide and other promotional materials prepared for public dissemination; supervises Parks and Recreation Department public relations and marketing programs, as assigned.

OTHER DUTIES

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) • Prepares reports, provides staff support, and/or attends meetings for the Parks and Recreation Director, City Manager with City Commissions and community groups, as required. • Provides support, advice and facilities for various co- sponsored community groups and other public and private recreation, cultural, athletic, social, human service and education agencies. • Meets with citizens to discuss City recreation and other programs and facilities; receives and resolves citizen complaints.
• May be assigned to act as Parks and Recreation Director in the Director’s absence. • Provides direct supervision of selected program areas. • Serves as coordinator of special projects as assigned by Director.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of theories, techniques and methods for planning, implementing and maintaining a variety of recreation, cultural, social and human service activities through community programs.

Marketing and promotion techniques to insure community -wide knowledge of City and other community group services and to maintain revenue streams necessary to maintain City programs.

Knowledge of the pertinent laws, codes and safety orders covering recreation and related programs and work. Principles and techniques of organization, supervision and training, budgeting and budget control, personnel management, record keeping procedures, safe work practices, report preparation, and contract preparation and administration. Methods to establish and maintain cooperative working relationships with subordinate employees, other City staff, community groups, and members of the general publ ic. Interpret and apply Federal, State and local policies, procedures, laws, and regulations.

Ability to analyze and take action to meet the needs of the community for recreational, cultural, athletic, social and human service facilities, programs, and activities. Recruit, train, plan, assign, direct and evaluate the activities of program supervisors and coordinators, support staff, and part- time program leaders, contractors and others. Monitor new programs and facility operation procedures and techni ques; analyze new trends and ideas in the field of public recreation and community services; and implement, as appropriate, to better serve the residents of the community. Analyze situations accurately and adopt an effective course of action; follow oral and written directions; keep accurate records and prepare clear and concise oral and written reports. Establish and maintain cooperative working relationships with municipal officials, subordinate employees, and the general public; administer Memorandums of Understanding.

EDUCATION AND EXPERIENCE
Sufficient education and experience to successfully p erform the essential duties of this classification. A typical way of gaining the knowledge, skills and abilities would be:

Experience: Four (4) years of increasingly responsible administrative and supervisory experience in recreation, cultural, athletic, social, and/or human service programs and activities.

Education: Equivalent to a Bachelor's degree from an accredited college or university with major course work in in recreation, public administration, or a related field.

Licenses and
Certificates
Possession of a valid California Driver’s license.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

CITY OF SAN CARLOS
ADOPTED CC: 05/09/2022

FLSA STATUS: EXEMPT
At-Will

SENIOR SUSTAINABILITY SPECIALIST

DEFINITION
The Senior Sustainability Analyst is responsible the oversight and management of the City's sustainability program, including developing, planning and implementing activities to assist municipal operations and the community -at-large in reducing greenhouse gas emissions and water use; and to communicate sustainability principles and programs to a wide variety of City Staff, community leaders, business executives and residents.

SUPERVISION EXERCISED AND RECEIVED
Receives general direction from the Assistant City Manager and City Manager.

Responsibilities may include direct or indirect supervision of support, technical, or professional staff.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
• Monitor and report progress toward the City’s Climate Mitigation and Adaptation Plan (CMAP) target achievement on an annual basis.
• Represent the City at climate and sustainability agencies and community groups to continue collaborative partnerships that support implementation of the CMAP. • Secure necessary funding to implement the CMAP through budget requests, partnerships, and grant opportunities;
• Make presentations to Council, other City departments, and applicable outside organizations.
• Update the community-wide and City operations GHG emissions inventories to evaluate the effectiveness and applicability of the CMAP;
• Maintain and assess the CMAP every five years to allow for greater resilience; • Update the CMAP every 10 years per the City’s General Plan; • Research and implement incentive programs to achieve CMAP goals; • Establish and coordinate a regular City Staff Climate Working Group. • Align climate change mitigation and adaptation strategies with the City’s other plans and policies, including General Plan element updates, Local Hazard Mitigation Plan, Emergency Operations Plan, and plans for capital improvements.
• Create communications targeting the broader San Carlos comm unity to promote sustainability and climate programs including educational opportunities, technical assistance, and financial incentives through the City website, social media, e -notify, newsletters, billboards, and other communication channels as available; • Keep City current on Federal, State, and local legislation affecting sustainability programs

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) and projects, and analyze implications of new regulations and requirements. • Support the planning and execution of sustainability-related events including an annual Earth Day Celebration and Bike to Work Day.
• Support the energy efficiency, electrification, and energy resilience of City buildings and facilities and in the broader community;
• Oversee local amendments to the California Building Code during regular code updates to advance climate goals.
• Pursue opportunities to strategically install electric vehicle charging infrastructure on City properties.
• Support transitioning the City fleet to zero-emissions vehicles or low-carbon fuels. • Promote zero-waste initiatives in City operations and public events by establishing a citywide zero-waste policy.
• Implement and update the City’s Environmental Purchasing Policy. • Partner with the County Office of Sustainability to conduct outreach and enforcement of the Disposables Food Service Ware Ordinance.
• Support in expanding commercial and multi-family residential recycling and composting programs required by SB 1383.
• Oversee PSPS preparedness plans to ensure the community is prepared for possible power outage.
• Collaborate on sea level rise adaptation efforts with the San Mateo County Flood and Sea Level Rise Resiliency District, ABAG, BCDC, BayAdapt, and other regional entities; • Support wildfire strategic planning and preparedness including promoting vegetation management, firewise landscaping, conducting Wildfire Preparedness Meetings, and evacuation drills.
• Support emergency services management including development of an Emergency Operations Plan.
• Support implementation and reporting of the Local Hazard Mitigation Plan.

JOB-RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:
• Building energy efficiency and green building design; • Building decarbonization;
• Transportation electrification strategies;
• Energy resilience;
• Sustainable development and Vehicle Miles Traveled reduction policies; • Water and waste conservation strategies;
• Climate adaptation and resilience;
• Emergency planning and management;
• State and regional climate policy.

Ability and Skills to:
• Lead and manage the implementation of strategic plans by working across departments; • Plan, assign, direct, and review the work of others;
• Effectively manage time sensitive projects;

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) • Frame and communicate complex concepts for different audiences, orally and in writing; • Prepare comprehensive reports, letters, and other written materials; • Represent the City at regional working groups in a professional manner; • Maintain strong attention to detail for developing reports and other communications; • Analyze greenhouse gas emissions inventory data and emissions forecasts; • Monitor and interpret laws and regulations.

EDUCATION AND EXPERIENCE
Sufficient educa tion and exper ience to successfully p erform the essential duties of thi s classification. A typi cal way of gaining the knowledge, skills and abilities would be:

Experience: five (5) years professional experience in project management in the field of sustainability, climate mitigation, and adaptation.

Education: Equivalent to a Bachelor's degree from an accredited college or university with major course work in sustainability, environmental policy, climate change, planning, environmental engineering, or related field. Master's Degree preferred.

Licenses and Certificates
Possession of a valid California Driver’s license.

SPECIAL REQUIREMENTS
Position may require prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination when using a computer keyboard.

Ability to travel to various locations within and outside the City of San Carlos to meet program needs and fulfill the job responsibilities. Ability to assist with the set-up of event sites. Must be able to conduct City business during day and evening hours, including occasional weekend and irregular hours.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification)

CITY OF SAN CARLOS
ADOPTED CC: 05/09/2022

FLSA STATUS: EXEMPT
At-Will

SENIOR TRAFFIC ENGINEER

DEFINITION
Under general direction perform professional traffic engineering work in the planning, design, construction, maintenance and operation of traffic c ontrol equipment and related facilities; oversees the work of assigned staff; supervises and participate in traffic engineering work, projects and study; and perform other duties as assigned..

SUPERVISION RECEIVED AND EXERCISED
General direction is provided by the Public Works Director and City Engineer. Responsibilities include the direct and indirect supervision of engineering staff.

ESSENTIAL AND IMPORTANT DUTIES (Illustrative Only)
• Review specifications, plans, estimates and reports pertaining to the construction, maintenance, and operation of traffic engineering facilities and street lighting systems • Directs construction inspection work requiring specialized traffic engineering knowledge and personally intervenes when highly technical problems require resolution. • Directs and coordinates the repair and maintenance of traffic control devices and reviews invoices for payment.
• Assumes the major role in training other traffic engineering staff in technical and design aspects of traffic engineering or other transportation planning staff in the planning of transportation infrastructures.
• Oversees and directs the activities of assigned clerical, technical and professional staff; assists in the performance evaluations of workers.
• Prepares engineering cost estim ates and recommends priorities for Public Works projects related to transportation; develops proposals, concept reports, project scopes and requests for proposals for traffic engineering improvement projects and/or transportation planning studies.
• Conducts and supervises field traffic engineering studies, topographical and construction surveys for streets, traffic control, and traffic flow developments. • Provides professional advice to developers, consultants, and other City Departments on matters related to traffic control and safety; designs and supervises traffic striping and signing for pedestrian and vehicular movement.
• Reviews development and redevelopment proposals and plans. • Prepares background material and draft recommendations for Council action on transportation issues.
• Signs off on documents and reports and performs other duties requiring licensure as a Professional Engineer in the State of California.
• Conducts or supervises traffic studies such as speed studies, stop sign warrants, and parking restrictions.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) • Oversees program and project budget; assists with development and oversight of division budget.
• Meets with representatives of other governmental agencies, major industries, and citizen groups to discuss traffic problems.
• May serve as staff liaison to Boards and Commissions. • Perform related duties as assigned.

JOB RELATED AND ESSENTIAL QUALIFICATIONS
Knowledge of:
• Principles of supervision, training, and performance evaluation. • Principles and practices of budget preparation and control. • Modern principles and practices of traffic and transportation engineering as applied to the design, construction and operations of a multimodal transportation system. • Computers and hardware utilized for traffic signal controls. • Computer software applications related to the work, including computer -aided traffic modeling concepts and applications.
• Street and roadway design and maintenance in conformance with applicable standards. • Standard and alternative engineering construction materials.

Ability to:
• Analyze complex traffic engineering data and reports; evaluate alternatives and reach sound conclusions.
• Manage and review traffic studies, traffic circulation plans, transportation demand management plans.
• Develop and implement bicycle, pedestrian, safe routes to school and local transportation plans.
• Effectively represent the City in contacts with governmental agencies, community groups, various business, professional and regulatory organizations and with property owners and the public.
• Interpret and work from design and construction plans, sketches, and diagrams. • Understand and carry out oral and written directions. • Provide excellent customer service to the public and other City employees. • Communicate clearly and concisely, both orally and in writing. • Work independently and as a member of a team. Collaborate and coordinate with coworkers both in person and via videoconferencing.
• Direct and oversee the work of other transportation and traffic engineering staff. • Interpret, apply, and explain laws, codes, regulations, and ordinances. • Direct and maintain the cooperation of construction contractors, consultants, and others; administer contracts for professional services and construction projects in a municipal setting.
• Establish and maintain effective working relationships with contractors, co- workers, and the public.
• Prepare clear and concise written and oral reports and recommendations; maintain accurate records, logs, and databases.
• Travel to various sites within the City.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) • Operate a personal computer, photocopier, facsimile machine and other standard office equipment.
• Observe safety principles and work in a safe manner.

EXPERIENCE AND EDUCATION:

Any combination of experience and training that would provide the required knowledge and abilities is qualifying. A typical way to obtain the required knowledge and abilities would be:

Experience: Five (5) years of experience in performing relevant, professional level work in traffic, transportation or civil engineering with some lead or supervisory experience.

Education: Eq uivalent to a Bachelor's degree from an accredited college or university with major course work in in civil engineering or closely related field.

License and Certificate
Possession of a current registration as a Professional Civil or Traffic Engineer issued by the State of California. Possession of a valid California Driver License at the time of appointment.

SPECIAL REQUIREMENTS
Work is performed in typical indoor environment with some outdoor responsibilities. Ability to speak, read and write correct and effective English; to sit at a desk or in a car for long periods of time; to climb hills and ladders; to lift 25lb . boxes; ability to safely deal with exposure to electrical hazards; work outdoors in adverse weather; sufficient vision, hearing and stamina to perform the above functions; to deal with a wide variety of people with diplomacy, to enforce regulations with tact and firmness; to explain technical matters simply and patiently; to follow oral and written directions; keep accurate records and prepare clear and concise reports; to calmly deal with difficult people and with those from different cultures; to analyze situations accurately and adopt an effective course of action

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

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Attachment: Exhibit A to Resolution: All Classification Specifications (New Classification Specification) City of San Carlos - AFSCME 829
2021-2023 Memorandum of Understanding

APPENDIX A

CITY OF SAN CARLOS

AFSCME

PROFESSIONAL AND TECHNICAL EMPLOYEE UNIT

WAGE AND SALARY SCHEDULE

Effective July 4, 2022

Classification Step 1 Step 2 Step 3 Step 4 Step 5*

HOURLY RATE
Accounting Technician I $ 28.1881 $ 29.5985 $ 31.0963 $ 32.6315 $ 34.2613 Accounting Technician II $ 32.7923 $ 34.4293 $ 36.1541 $ 37.9593 $ 39.8594 Administrative Clerk $ 26.8909 $ 28.2311 $ 29.6429 $ 31.1266 $ 32.6818 Assistant Planner $ 45.8847 $ 48.1789 $ 50.5890 $ 53.1148 $ 55.7710 Building Inspector I $ 41.6645 $ 43.7474 $ 45.9326 $ 48.2274 $ 50.6392 Building Inspector II $ 46.6049 $ 48.9363 $ 51.3846 $ 53.9498 $ 56.6466 Civil Engineering Assistant $ 46.6269 $ 48.9582 $ 51.4065 $ 53.9718 $ 56.6758 Civil Engineering Technician $ 40.7960 $ 42.8260 $ 44.9727 $ 47.2174 $ 49.5798 Communications Coordinator $ 34.1077 $ 35.8107 $ 37.6058 $ 39.4860 $ 41.4585 Cook $ 29.9800 $ 31.4800 $ 33.0600 $ 34.7100 $ 36.4400 Facility Attendant $ 18.9734 $ 19.9220 $ 20.9181 $ 21.9641 $ 23.0623 Fire Prevention Officer $ 60.8963 $ 63.9434 $ 67.1518 $ 70.5036 $ 74.0256 Permit Technician $ 34.2534 $ 35.9660 $ 37.7643 $ 39.6526 $ 41.6352 Public Works Inspector $ 48.1909 $ 50.6026 $ 53.1313 $ 55.7842 $ 58.5759 Senior Administrative Clerk $ 32.3684 $ 33.9836 $ 35.6864 $ 37.4696 $ 39.3406 Senior Facility Attendant $ 26.5225 $ 27.8486 $ 29.2411 $ 30.7031 $ 32.2383 Systems Analyst $ 49.3675 $ 51.8378 $ 54.4322 $ 57.1508 $ 60.0084

Classification Step 1 Step 2 Step 3 Step 4 Step 5*

MONTHLY RATE
PW Assistant Superintendent (Exempt) $ 8,651.22 $ 9,083.79 $ 9,537.98 $ 10,014.87 $ 10,515.62 Associate Engineer (Exempt) $ 10,126.54 $ 10,632.13 $ 11,164.78 $ 11,722.02 $ 12,308.80 Associate Planner (Exempt) $ 8,779.98 $ 9,218.28 $ 9,679.38 $ 10,163.30 $ 10,671.26 Recreation Coordinator (Exempt) $ 6,089.36 $ 6,393.40 $ 6,713.89 $ 7,049.57 $ 7,401.73 Recreation Supervisor (Exempt) $ 8,121.26 $ 8,526.63 $ 8,953.52 $ 9,400.70 $ 9,870.67 Senior Systems Analyst (Exempt) $ 9,651.53 $ 10,134.16 $ 10,640.86 $ 11,172.91 $ 11,731.57

*Actual salary may be at or below this maximum at the discretion of the City Manager

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Attachment: Exhibit B to Resolution: AFSCME, Local 829 Salary Schedule (New Classification Specification)

CITY OF SAN CARLOS

MANAGEMENT GROUP
Monthly Salary Schedule

APPENDIX A
Effective July 4, 2022
Classification Step 1 Step 2 Step 3 Step 4 Step 5*
Administrative Services Director $15,715 $16,502 $17,329 $18,194 $19,106 Assistant City Manager $16,738 $17,576 $18,455 $19,376 $20,346 Assistant Community Development Director $13,647 $14,329 $15,046 $15,798 $16,588 Building Official $11,904 $12,500 $13,123 $13,781 $14,470 City Clerk/Director of Community Relations $10,777 $11,316 $11,883 $12,475 $13,099 City Engineer $14,086 $14,790 $15,531 $16,306 $17,122 Communications Manager $10,114 $10,620 $11,151 $11,708 $12,294 Community Development Director $15,392 $16,162 $16,970 $17,817 $18,709 Economic Development & Housing Manager $11,691 $12,276 $12,888 $13,534 $14,209 Economic Development Coordinator $9,491 $9,964 $10,462 $10,985 $11,535 Financial Services Manager $12,430 $13,051 $13,704 $14,388 $15,109 Human Resources Manager $12,292 $12,906 $13,550 $14,227 $14,940 Information Technology Manager $12,037 $12,639 $13,269 $13,934 $14,630 Parks & Recreation Director $15,817 $16,607 $17,438 $18,308 $19,225 Planning Manager $12,500 $13,117 $13,765 $14,445 $15,160 Principal Planner $11,498 $12,072 $12,677 $13,311 $13,978 Public Works Director $17,096 $17,953 $18,850 $19,792 $20,782 Public Works Superintendent $11,952 $12,549 $13,176 $13,835 $14,527 Recreation Manager $11,108 $11,663 $12,246 $12,859 $13,502 Senior Accountant $9,537 $10,015 $10,516 $11,040 $11,592 Senior Building Inspector $9,174 $9,633 $10,115 $10,620 $11,151 Senior Engineer $12,343 $12,959 $13,607 $14,288 $15,003 Senior Management Analyst $9,196 $9,655 $10,138 $10,646 $11,177 Senior Planner $9,656 $10,138 $10,646 $11,178 $11,737 Senior Sustainability Analyst $9,196 $9,655 $10,138 $10,646 $11,177 Senior Traffic Engineer $12,343 $12,959 $13,607 $14,288 $15,003

*Actual salary may be at or below this maximum at the discretion of the City Manager

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Attachment: Exhibit C to Resolution: Management Salary Schedule (New Classification Specification)

CITY COUNCIL

STAFF REPORT

MEETING DATE: May 9, 2022

ITEM TITLE: Adopt a Resolution Approving the List of Proposed Streets Scheduled to be Resurfaced as Part of the Annual Pavement Rehabilitation Project in Fiscal Year 2022 -23 Funded by Senate Bill 1, the Road Repair and Accountability Act.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving the list of proposed streets scheduled to be resurfaced as part of the Annual Pavement Rehabilitation Project (“Project”) in Fisc al Year (“FY”) 2022 -23 funded by Senate Bill 1, the Road Repair and Accountability Act (“SB 1”).

FISCAL IMPLICATIONS:

There are no fiscal implications for approving the list of the 72 proposed streets (Exhibit A to the Resolution). Funding for this Project was approved as part of the Capital Improvement Program budget on March 28, 2022.

BACKGROUND:

SB 1 was filed with the Secretary of State on April 28, 2017. This bill established a Road Maintenance and Rehabilitation Account (“RMRA”) in the State Tra nsportation Fund to address deferred maintenance on the State highway system, as well as local street and road systems.

Prior to receiving an apportionment of RMRA funds from the California State Controller, a city or county must submit a list of proposed projects to be funded with RMRA funds to the California Transportation Commission (“Commission”) by July 1 each year. The proposed projects must be adopted by a Resolution of the City Council at a regular public meeting each fiscal year in accordance with Streets and Highways Code Section 2034(a)(1) (“Code”).

RMRA funds will be distributed to cities on a monthly basis. Based on estimates provided by CaliforniaCityFinance.com, the City of San Carlos is expected to receive an estimated $679,600 in RMRA funds in FY 2022-23.

ANALYSIS:

SB 1 requires that the Commission adopt criteria to ensure efficient use of distributed funds.

One such criterion is that the Council adopt a resolution that meets the requirements of the Code:

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2 2034.
(a) (1) Prior to receivi ng an apportionment of funds under the program pursuant to paragraph (2) of subdivision (h) of Section 2032 from the Controller in a fiscal year, an eligible city or county shall submit to the commission a list of projects proposed to be funded with these funds pursuant to an adopted city or county budget. All projects proposed to receive funding shall be included in a city or county budget that is adopted by the applicable city council or county board of supervisors at a regular public meeting.

The list of projects proposed to be funded with these funds shall include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement. The project list shall not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with subdivision (b) of Section 2030.

The proposed Resolution satisfies the criteria listed above and is expec ted to be acceptable confirmation that the Project is included in the City’s approved Capital Improvement Program. In accordance with the Code, the Resolution must also be adopted by the City Council at a regular public meeting to be eligible to receive funding.

ALTERNATIVES:

The options available to the City Council include:

1. Adopt a Resolution approving the list of proposed streets scheduled to be resurfaced as part of the Annual Pavement Rehabilitation Project in FY 2022-23 funded by Senate Bill 1, the Road Repair and Accountability Act; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida,
Public Works Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution

2. Exhibit A to Resolution - Proposed Project List

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RESOLUTION NO. 2022 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

APPROVING THE LIST OF PROPOSED STREETS SCHEDULED TO BE RESURFACED AS PART OF THE ANNUAL PAVEMENT REHABILITATION PROJECT IN FISCAL YEAR 2022- 23 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT.

WHEREAS, Senate Bill 1 ( “SB 1”), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the legislature and signed into law by the governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the city are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and

WHEREAS, the City must adopt by Resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (“RMRA”), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City, will receive an estimated $679,600 in RMRA funding in Fiscal Year 2022-23 from SB 1; and

WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and it will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repair and replacement of aging bridges, and improved access and mobility options that would not have otherwise been possible without SB 1; and

WHEREAS, the City has undergone a robust public process to ensure public input into the community's transportation priorities and projects list; and

WHEREAS, the City used a pavement management system to develop the SB 1 project list to ensure revenues are being used on the most cost -effective and high-priority projects that also align with the community’s priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately 72 streets and add active transportation infrastructure throughout the City this fiscal year and similar projects into the future; and

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” or “poor” condition and this revenue will help increase the overall quality of the road system and over the next decade will bring the streets and roads into a “good” or “excellent” condition; and

WHEREAS, the SB 1 project list , investment in local streets and roads , focus on basic maintenance and safety, invest ment in complete streets infrastructure, and use of cutting-edge technology, materials and practices, will contribute to significant positive co-benefits statewide.

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Attachment: Resolution (Approving List of Projects Funded by SB 1) NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of San Carlos, State of California, as follows:

1. The foregoing recitals are true and correct; and

2. The list of newly proposed projects, herein attached as Exhibit A, will be funded in- part or solely with Fiscal Year 20 22-23 Road Maintenance and Rehabilitation Account revenues.
* * * * *

I, Crystal Mui, City Clerk hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 9th day of May 2022, by the following vote:

AYES, COUNCILMEMBERS: ___________________________________________ NOES, COUNCILMEMBERS: ___________________________________________ ABSENT, COUNCILMEMBERS: ___________________________________________

________________________________
CITY CLERK of the City of San Carlos
APPROVED:

___________________________
MAYOR of the City of San Carlos

Exhibit A: Proposed Project List

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Attachment: Resolution (Approving List of Projects Funded by SB 1) Project Title: 2022-23 Annual Pavement Rehabilitation Project Project Description: Rehabiltate the existing pavement along various streets through the City listed below:

Street Name Street Segment (To and From)
Estimated
Project
Schedule (FY)
Estimated
Project Useful
Life (Yrs)
Treatment
Washington St Old County Rd to Industrial Rd 22-23 15-25 AC Overlay St. Francis Wy Pearl Ave to Park Ave 22-23 15-25 AC Overlay Garnet Ave St. Francis Wy to Eaton Ave 22-23 15-25 AC Overlay Timothy Dr Eaton Ave to Lemoore Dr 22-23 15-25 AC Overlay Apprian Wy Tramanto Dr to End 22-23 15-25 AC Overlay
Brook St Brittan Ave to End 22-23 15-25 AC Overlay
Greenwood Ave Cedar St to Elm St 22-23 15-25 AC Overlay Arroyo Ave Cordilleras Ave to Cedar St 22-23 15-25 AC Overlay Elizabeth St E Knoll Dr to W Knoll Dr 22-23 15-25 AC Overlay Woodland Ave Brittan Ave to Morse Blvd 22-23 15-25 AC Overlay Morse Blvd Woodland Ave to Elm St 22-23 15-25 AC Overlay Portofino Dr Melendy Dr to Melendy Dr 22-23 15-25 AC Overlay San Carlos Ave Kenton Ave to Cranfield Ave 22-23 15-25 AC Overlay Wycombe Ave Dartmouth Ave to End 22-23 15-25 AC Overlay Ensenada Rd Buckland Ave to Hillcrest Rd 22-23 15-25 AC Overlay Chestnut St Glenwood St to Belmont City Limits 22-23 15-25 AC Overlay Oak St Elm St to El Camino Real 22-23 15-25 AC Overlay
Cambridge St Molton Dr to San Carlos Ave 22-23 15-25 AC Overlay Shoreway Rd Belmont City Limits to Redwood City Limits 22-23 15-25 AC Overlay Skyway Rd Redwood City Limits to Monte Vista Dr 22-23 15-25 AC Overlay Cedar St Brittan Ave to Hemlock St 22-23 15-25 AC Overlay Howard Ave Laurel St to Elm St 22-23 15-20 Microsurfacing Howard Ave Old County Rd to El Camino Real 22-23 15-20 Microsurfacing Park Ave Fairmont Ave to Colton Ave 22-23 15-20 Slurry Seal Pearl Ave St. Francis Wy to Eaton Ave 22-23 15-20 Slurry Seal White Oak Wy Elm St to End 22-23 15-20 Slurry Seal
White Oak Wy End to Park Ave 22-23 15-20 Slurry Seal
Geneva Ave Howard Ave to Belmont Ave 22-23 15-20 Slurry Seal Chestnut St Howard Ave to Belmont Ave 22-23 15-20 Slurry Seal Woodland Ave Greenwood Ave to Brittan Ave 22-23 15-20 Slurry Seal Woodland Ave Baytree Rd to Morse Blvd 22-23 15-20 Slurry Seal School St Elm St to Chestnut St 22-23 15-20 Slurry Seal Walnut St Olive St to End 22-23 15-20 Slurry Seal
E. San Carlos Ave Old County Rd to Industrial Rd 22-23 15-20 Slurry Seal Bragato Rd Old County Rd to End 22-23 15-20 Slurry Seal Quarry Rd Old County Rd to Industrial Rd 22-23 15-20 Slurry Seal Laurel St F St to Spring St 22-23 15-20 Slurry Seal
Magnolia Ave Cedar St to Bush St 22-23 15-20 Slurry Seal Manzanita Ave Sycamore St to Chestnut St 22-23 15-20 Slurry Seal Madrona Ave Highland Ave to Hillcrest Rd 22-23 15-20 Slurry Seal Buckland Ct Buckland Ave to End 22-23 15-20 Slurry Seal Lyndhurst Ave Shelford Ave to Lyndhurst Cr 22-23 15-20 Slurry Seal Dartmouth Ave Wellington Dr to Exbourne Ave 22-23 15-20 Slurry Seal Wessex Wy Wellington Dr to End 22-23 15-20 Slurry Seal
Williams Ln Wessex Wy to End 22-23 15-20 Slurry Seal
Wellington Dr Clifton Ave to San Carlos Ave 22-23 15-20 Slurry Seal Molton Ave Beverly Dr to Devonshire Blvd 22-23 15-20 Slurry Seal Cranfield Ave Club Dr to Belmont City Limits 22-23 15-20 Slurry Seal Bayview Dr County of San Mateo Limits to 248 Bayview Dr 22-23 15-20 Slurry Seal Hyde Park Ave Chesham Ave to Kings Ct 22-23 15-20 Slurry Seal Windsor Ct Windsor Dr to End 22-23 15-20 Slurry Seal
Exhibit A - Proposed Project List

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Attachment: Exhibit A to Resolution - Proposed Project List (Approving List of Projects Funded by SB 1) Coleman Ct Elston Ct to End 22-23 15-20 Slurry Seal
Abderdeen Dr Melendy Dr to Dundee Ln 22-23 15-20 Slurry Seal Caprino Wy Torino Dr to End 22-23 15-20 Slurry Seal
Heather Dr Melendy Dr to End 22-23 15-20 Slurry Seal
Bauer Ct Bauer Ct to End 22-23 15-20 Slurry Seal
Sunset Dr Melendy Dr to Nanette Dr 22-23 15-20 Slurry Seal Porto Rosa Wy Hewitt Dr to End 22-23 15-20 Slurry Seal
Locarno Wy Porto Marino Dr to Tramanto Dr 22-23 15-20 Slurry Seal Graceland Ave Alameda de las Pulgas to De Anza Ave 22-23 15-20 Slurry Seal Hill Wy Alameda de las Pulgas to Howard Ave 22-23 15-20 Slurry Seal Eaton Ave Roland Ave to Clifford Ave 22-23 15-20 Slurry Seal Loma Rd 81 Loma Rd to N End of Cul de Sac 22-23 15-20 Slurry Seal Whitman Ct Greenbrier Rd to End 22-23 15-20 Slurry Seal Dickens Ct Greenbrier Rd to End 22-23 15-20 Slurry Seal La Mesa Dr Crestview Dr to End 22-23 15-20 Slurry Seal
Pebble Dr La Mesa Dr to End 22-23 15-20 Slurry Seal
Piccadilly Ct Melendy Dr to End 22-23 15-20 Slurry Seal Best Ct Los Vientos Wy to End 22-23 15-20 Slurry Seal
Whiteridge Rd Club Dr to Belmont City Limits 22-23 15-20 Slurry Seal America St Industrial Rd to N and S Ends 22-23 15-20 Slurry Seal Clifford Ave Lemoore Dr to Redwood City Limits 22-23 15-20 Slurry Seal

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Attachment: Exhibit A to Resolution - Proposed Project List (Approving List of Projects Funded by SB 1)

CITY COUNCIL

STAFF REPORT

MEETING DATE: May 9, 2022

ITEM TITLE: Adopt a Resolution Accepting the Improvements for the 2020 Annual Storm Drain Improvements Project C9531 -20; and Authorizing the Public Works Director to Issue and Record a Notice of Completion.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution accepting the improvements for the 2020 Annual Storm Drain Improvements Project C9531-20 (“Project”) and authorizing the Public Works Director to issue and record a Notice of Completion.

FISCAL IMPLICATIONS:

There are no fiscal implications. The total cost of the Project is $347,630 and there is sufficient budget to close out the Project.

The funding for the Project comes from C9531, which has a budget of $833,578 for Fiscal Year 2021-22. The project was awarded for $328,130 and a contingency amount of $98,500.

BACKGROUND:

Staff annually assesses the storm drain system to prevent and resolve drainage or maintenance issues. The types of issues identified often include undersized or deteriorated storm drain mains and structures; reverse grades or not enough grade along the street to guide storm runoff to an existing storm system; minor flooding issues; and , blockages in existing storm pipelines and inlets due to root infiltration or debris.

Staff designed and prepared the construction documents for the Project in June 2021. The City Engineer signed the final bid set construction documents on June 14, 2021 . The Project was publicly advertised on June 29, 2021 and sealed bids were opened by the City Clerk on July 19, 2021.

City Council awarded the Project to Devaney Engineering, Inc. (“Contractor”) at its August 23, 2021 meeting. The Contractor began the Project on November 29, 2021.

ANALYSIS:

The Project was compl eted on March 25, 2022 in accordance to the construction documents.

Staff conducted the final Project inspection with the Contractor on April 8, 2022.

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2 Staff recommends accepting the improvements for the 2020 Annual Storm Drain Improvements Project C9531 -20 and authorizing the Public Works Director to issue and record a Notice of Completion.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution accepting the improvements for the 2020 Annual Storm Drain Improvements Project C9531-20 and authorizing the Public Works Director to issue and record a Notice of Completion; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.
.

Respectfully submitted by:

Steven Machida,
Public Works Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2022 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS ACCEPTING THE IMPROVEMENTS FOR THE 2020 ANNUAL STORM DRAIN IMPROVEMENTS PROJECT C9531-20; AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ISSUE AND RECORD A NOTICE OF COMPLETION.

WHEREAS, staff annually assesses the storm drain system to identify deficiencies in the interest of preventing and resolving drainage or maintenance issues; and

WHEREAS, the City Engineer signed the final bid set construction documents on June 14, 2021; and

WHEREAS, the 2020 Annual Storm Drain Improvements Project C9531-20 (“Project”) was publicly advertised on June 29, 2021 and sealed bids were opened by the City Clerk on July 19, 2021; and

WHEREAS, City Council awarded the Project to Devaney Engineering, Inc. (“Contractor”) at its August 23, 2021 meeting; and

WHEREAS, the Contractor began the Project on November 29, 2021; and

WHEREAS, the Project was completed on March 25, 2022 in accordance to the construction documents; and

WHEREAS, staff conducted the final Project inspection with the Contractor on April 8, 2022.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby accepts the improvements for the 2020 Annual Storm Drain Improvements Project C9531 -20 and authorizes the Public Works Director to issue and record a Notice of Completion.

* * * * *
I, Crystal Mui, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 9th day of May 2022, by the following vote:

AYES, COUNCILMEMBERS: _______________________________________________ NOES, COUNCILMEMBERS: _______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________

________________________________
CITY CLERK of the City of San Carlos
APPROVED:

___________________________
MAYOR of the City of San Carlos

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Attachment: Resolution (Annual Storm Drain Improvements)

CITY COUNCIL

STAFF REPORT

MEETING DATE: May 9, 2022

ITEM TITLE: Adopt a Resolution Making Findings and Authorizing Remote Teleconference Meetings of the City Council and Commissions Pursuant to Assembly Bill 361.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing remote teleconference meetings of the City Council and Commissions pursuant to Assembly Bill (“AB”) 361.

FISCAL IMPLICATIONS:

There is no financial impact associated with adopting the proposed Resolution.

BACKGROUND:

On March 4, 2020, Governor Newsom of California proclaimed a state of emergency in response to the outbreak of the novel coronavirus (COVID -19). Then on March 17, 2020, the Governor issued Executive Order N -29-20, easing Brown Act restrictions to allow local legislative bodies to hold their meetings via teleconference. This enabled the San Carlos City Council and staff to continue to safely conduct public meetings with public participation via teleconference, while still adhering t o the County of San Mateo Health Officer’s "shelter -in- place" order.

On September 16, 2021, Governor Newsom approved AB 361 with the goal to “improve and enhance public access to local agency meetings during the COVID -19 pandemic and future applicable emergencies, by allowing broader access t hrough teleconferencing options.” The bill contains an urgency clause, which made the bill effective upon signing with a sunset date of January 1, 2024.

AB 361 allows local legislative bodies to continue to meet remotely if they met three criteria:

1. The local agency holds a meeting during a declared state of emergency proclaimed by the Governor;

2. State or local officials have imposed or recommended measures to promote social distancing; and

3. Legislative bodies have determined that meeting in person would present imminent risks to the health or safety of attendees.

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2 Pursuant to AB 361, the City Council adopted Resolution 2021 -093 on September 27, 2021, declaring the need for the City Council and Commissions t o continue conducting remote meetings. Since October 25, 2021, the City Council has adopted a Resolution each month renewing its declaration to continue meeting remotely for the next 30 days.

On April 11, 2022, the City Council directed staff to transit ion City Council and Planning Commission meetings to in -person meetings, with an option for the public to continue to participate remotely via Zoom, beginning May 9, 2022.

ANALYSIS:

While the City Council and Planning Commission have transitioned to in-person meetings, there are other City commissions that have opted to continue remote meetings. Adopting the proposed Resolution will provide those commissions with the option to continue remote meetings. In addition, members of the City Council and Pl anning Commission will have the flexibility to participate via teleconference in the event of a potential COVID -19 exposure or COVID-19 related concerns, such as an asymptomatic infection or concerns that an infection might occur at a remote location when a councilmember or commissioner has an active infection. If the Council approves the proposed Resolution, staff will present a staff report to Council every thirty days to verify that the circumstances continue to exist.

If the Council does not adopt a Resolution this evening to authorize remote meetings pursuant to AB 36 1 beginning May 10, 2022, all c ommissions will need to transition back to in -person public meetings and any remote participation from members of the City Council and Commissions would ne ed to be done according to the Brown Act’s teleconferencing requirements, which include identifying the teleconference location on the agenda of the meeting and allowing members of the public to attend the meeting at the teleconference location.

ALTERNATIVES:

The alternatives available to the Council include:

1. Adopt a Resolution making findings and authorizing remote teleconference meetings of the City Council and Commissions pursuant to AB 361; or

2. Do not adopt the Resolution and proceed to trans ition all Commissions to in -person meetings beginning May 10, 2022; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Crystal Mui,
City Clerk

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3 Gregory Rubens, City Attorney

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution

2. AB 361

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RESOLUTION NO. 2022-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

MAKING FINDINGS AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL AND COMMISSIONS PURSUANT TO ASSEMBLY BILL 361. ____________________________________________________________________________

WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for broader spread of the novel coronavirus (COVID-19); and

WHEREAS, on March 10, 2020, the City Manager, acting as Director of Emergency Services of the City of San Carlos, proclaimed the existence of a local emergency within the City; and

WHEREAS, on March 12, 2020, the City Council adopted Resolution 2020 -013 ratifying and extending the Director of Emergency Services’ proclamation of the existence of a local emergency caused by COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID -19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N -29-20, City staff set up Zoom meetings for all City Council and Commission meetings; and

WHEREAS, on September 16, 2021, the Governor signed Assembly Bill (“AB”) 361 into law as an urgency measure that went into effect immediately; and

WHEREAS, AB 361 authorizes local legislative bodies to continue to conduct meetings using teleconferencing without complying with the Ralph M. Brown Act’s standard teleconferencing requirements if certain conditions are met; and

WHEREAS, on September 27, 2021, pursuant to Assembly Bill 361, the City Council adopted Resolution 2021-093 making findings on the need for the City Council and Commissions to continue to teleconference in order to ensure the health and safety of the public; and

WHEREAS, each month since the passing of Resolution 2021-093, the City Council has reviewed the situation and adopted a Resolution renewing its declaration for the need for the City Council and Commissions to continue conducti ng meetings remotely due to health and safety concerns, pursuant to AB 361; and

WHEREAS, on April 11, 2022, the City Council directed staff to transition City Council and Planning Commission to in -person meetings, with a hybrid format for the public to continue to participate remotely via Zoom, beginning May 9, 2022; and

WHEREAS, while the City Council and Planning Commission will attempt a transition to meeting in person following a hybrid meeting format as of May 9, 2022, there are still City Commissions who have opted to continue remote meetings; and

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Attachment: Resolution (Assembly Bill 361)
WHEREAS, adopting a Resolution making findings and authorizing the option for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361, provides those Commissions who aren’t ready to meet in person the option to continue remote meetings; and

WHEREAS, adopting a Resolution making findings and authorizing the option for the City Council and Commissions to continue conducting meetings remotely due to health and safety concerns, pursuant to AB 361 also provides members of the City Council and Planning Commission with the flexibility to participate via teleconference in the event of potential COVID - 19 exposure, future orders restricting attendance, a new variant causing the need to return to full remote meetings or other COVID-19 related concerns.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby makes the following findings, in compliance with AB 361, and in order to continue to teleconference under the modified Brown Act requirements:

a. The City Council has reconsidered the circumstances of the state of emergency; b. The Governor’s proclamation for a state of emergency issued on March 4, 2020 remains in effect;
c. Full return to in -person meetings would cause imminent risk to attendees who are vulnerable or where staff or councilmembers may have an asymptomatic, or where they are only able to attend remotely due to an infection, and it would be unsafe for the public to attend at their remote meeting location; and d. State and local officials continue to strongly recommend masks be worn by all individuals in indoor settings.

*****

I, Crystal Mui, City Clerk, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 9th day of May 2022, by the following vote:

AYES, COUNCILMEMBERS: ______________________________________________ NOES, COUNCILMEMBERS: ______________________________________________ ABSENT, COUNCILMEMBERS: ______________________________________________

________________________________
CITY CLERK of the City of San Carlos

APPROVED:

___________________________
MAYOR of the City of San Carlos

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Attachment: Resolution (Assembly Bill 361)
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Ri vas. Open meetings: state and local agencies:
teleconferences.
(1) Existing la w, the Ralph M. Bro wn Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and pro viding for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory o ver which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allo wed to address the le gislative body at each teleconference location, that the le gislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agenc y’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain pro visions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing la w, the California Emer gency Services Act, authorizes the Governor, or the Director of Emer gency Services when the go vernor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Bro wn Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly

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resolving requests for reasonable accommodation for indi viduals with disabilities, as specified.

This bill, until January 1, 2024, w ould authorize a local agenc y to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Bro wn Act when a le gislative body of a local agency holds a meeting during a declared state of emer gency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill w ould require le gislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allo w members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the le gislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which pre vents the public agenc y from broadcasting the meeting, or in the e vent of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill w ould prohibit the le gislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the le gislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill w ould require a le gislative body to mak e specified findings not later than 30 days after the first teleconferenced meeting pursuant to these pro visions, and to mak e those findings e very 30 days thereafter, in order to continue to meet under these abbre viated teleconferencing procedures.

Existing law prohibits a le gislative body from requiring, as a condition to attend a meeting, a person to re gister the person’s name, or to pro vide other information, or to fulfill an y condition precedent to the person’ s attendance.
92 — 2 — Ch. 165

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This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagle y-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be ph ysically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagle y-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allo wed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for indi viduals with disabilities, as specified.

This bill, until January 31, 2022, w ould authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to mak e public meetings accessible telephonically, or otherwise electronically , to all members of the public seeking to observ e and to address the state body . With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of e xisting law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and of fer public comment. The bill w ould require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as pro vided. The bill w ould urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body or ganization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, w ould authorize, subject to specified notice and accessibility requirements, a le gislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 — 3 —

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to mak e public meetings accessible telephonically , or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a le gislative body holding a public meeting pursuant to these pro visions, the bill w ould suspend certain requirements of e xisting la w, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a le gislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically w ould satisfy an y requirement that the legislative body allow members of the public to attend the meeting and of fer public comment. The bill w ould require that each legislative body that holds a meeting through teleconferencing pro vide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4)  This bill would declare the Le gislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to impro ve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options.
(5)  This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6)  The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts la ws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill w ould declare that it is to tak e effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other pro vision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 — 4 — Ch. 165

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and mak e public meetings accessible telephonically , or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a le gislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the le gislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a le gislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the le gislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observ e and address the meeting telephonically or otherwise electronically , consistent with the notice and accessibility requirements in subdi visions (d) and (e), shall ha ve satisfied any requirement that the le gislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from indi viduals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving an y doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is gi ven of the means by which members of the public may observ e the meeting and of fer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for , each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 Ch. 165 — 5 —

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(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observ e the meeting and offer public comment. As to any instance in which there is a change in the means of public observ ation and comment, or an y instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication a vailable at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the le gislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparenc y and pro vide the public access to legislative body meetings.
(g)  This section shall remain in ef fect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding an y other pro vision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observ e and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be ph ysically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observ e and address the meeting telephonically 92 — 6 — Ch. 165

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or otherwise electronically , consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not mak e available any physical location from which members of the public may observ e the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allo ws members of the public to observ e and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from indi viduals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving an y doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is gi ven of the means by which members of the public may observ e the meeting and of fer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for , each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observ e the meeting and offer public comment. As to any instance in which there is a change in the means of public observ ation and comment, or an y instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication a vailable at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’ s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in ef fect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
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54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agenc y, except as otherwise pro vided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivisions (d) and (e). The agenda shall pro vide an opportunity for members of the public to address the le gislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.

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(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials ha ve imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority v ote, whether as a result of the emer gency, meeting in person w ould present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emer gency, meeting in person w ould present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdi vision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 Ch. 165 — 9 —

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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also gi ve notice of the means by which members of the public may access the meeting and of fer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The le gislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which pre vents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the e vent of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall tak e no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The le gislative body shall not require public comments to be submitted in advance of the meeting and must pro vide an opportunity for the public to address the le gislative body and offer comment in real time.

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(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the le gislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdi vision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the le gislative body of a local agenc y in person, e xcept as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal ci vil rights la ws, including, b ut not limited to, an y applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body 92 Ch. 165 — 11 —

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shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivisions (d) and (e). The agenda shall pro vide an opportunity for members of the public to address the le gislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agenc y from pro viding the public with additional teleconference locations.
(c)  (1)  No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 — 12 — Ch. 165

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In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also gi ve notice of the means by which members of the public may access the meeting and of fer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The le gislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which pre vents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the e vent of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall tak e no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The le gislative body shall not require public comments to be submitted in advance of the meeting and must pro vide an opportunity for 92 Ch. 165 — 13 —

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the public to address the le gislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local le gislative body, that requires registration to log in to a teleconference may be required to re gister as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to re gister, pursuant to subparagraph (F), to pro vide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not pro vide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to re gister pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that pro vides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to re gister, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the le gislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdi vision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 — 14 — Ch. 165

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of the legislative body of a local agenc y, except as otherwise pro vided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivision (d). The agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agenc y from pro viding the public with additional teleconference locations
(c)  (1)  No legislative body shall tak e action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdi vision (d) of Section 3511.1, during the open meeting in which the final action is to be tak en. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Di vision 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 Ch. 165 — 15 —

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members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that w ould establish a quorum are present within the boundaries of the territory o ver which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if an y, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdi vision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the le gislative body of a local agenc y, in person e xcept as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal ci vil rights la ws, including, b ut not limited to, an y applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agenc y in connection with an y meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable pro visions of la w relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with an y meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 — 16 — Ch. 165

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legislative body of a local agenc y. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the le gislative body shall participate from locations within the boundaries of the territory o ver which the local agenc y e xercises jurisdiction, e xcept as pro vided in subdivision (d). The agenda shall pro vide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a le gislative body, the members of which are in dif ferent locations, connected by electronic means, through either audio or video, or both.

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powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and an y advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Go vernment Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become ef fective on or before January 1, 2022, but this bill becomes operati ve first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agenc y meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Go vernor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdi vision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allo wing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagle y-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Di vision 3 of Title 2 of the Go vernment Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public re gardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 — 18 — Ch. 165

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(b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Go vernment Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary ph ysical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a ph ysical location o ver members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their f amilies while preserving the public’ s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an ur gency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect.

The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while pro viding essential services lik e w ater, po wer, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

O
92 Ch. 165 — 19 —

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CITY COUNCIL

STAFF REPORT

MEETING DATE: May 9, 2022

ITEM TITLE: Adopt Ordinance 1580 Amending San Carlos Municipal Code Chapter 18.18 - Landscaping, Replacing Section 18.18.070 - Trees, and Chapter 18.41 - Terms and Definitions.

RECOMMENDATION:

By second reading, adopt Ordinance 1580 (Attachment 1) amending the San Carlos Municipal Code Section 18.18.070 “Trees” (to be replaced in its entirety) and 18.41 “Terms and Definitions.”

FISCAL IMPLICATIONS:

There is no fiscal impact or additional appropriation needed for this action.

This project was completed in -house by staff from the Community Development Department with consulting services from a City -retained arborist. The costs incurred by the consulting arborist were paid using the existing professional services budget.

On October 13, 2021, an agreement was executed with NBS to provide an overhead cost allocation review and comprehensive fee and rate study. This study is expected to be completed in the next few weeks and any fees related to the Ord inance will be proposed as part of the fee study recommendations.

BACKGROUND:

On April 25, 2022, the City Council approved by a vote 5 -0 the first reading of Ordinance 1580 to amend the San Carlos Municipal Code Section 18.18.070 “Trees” (to be replace d in its entirety) and 18.41 “Terms a nd Definitions ” with a change to include Director discretion for allowing payment of tree replanting fees when tree replanting is not feasible. The proposed Ordinance addresses this Council-directed change. (Attachment 1)

The purpose of this comprehensive update is to present amendments to the City’s existing Protected Tree Ordinance (SCMC 18.18.070) and replace it entirely with a more comprehensive ordinance that will ensure a significant and thriving population of lar ge healthy trees in San Carlos for public enjoyment and environmental sustainability , while balancing property rights.

There are also additional minor amendments proposed for 18.41 “Terms and Conditions”.

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2 The proposed Ordinance was developed with feedback and direction from the City Council in response to community concerns about the number of protected tree removals in the community. As a result of these concerns, the City Council held a study session on May 10, 2021 and adopted an Urgency Ordinance at public hearings held on June 14, 2021 and July 12, 2021. Additionally, staff also received feedback through a widely noticed study session with the Planning Commission held on September 7, 2021, a joint meeting with the Planning Commission and Residential Design Review Committee (RDRC) held on February 7, 2022, staff consultation with a city-retained arborist, inter-departmental discussions, and public comments.

ANALYSIS:

Ordinance Amendments
As proposed, San Carlos Municipal Code Section 18.18.070 “Trees”, would be replaced entirely as shown in Attachment 1, Exhibit A hereto. The proposed Ordinance includes various updates including standards for measuring a protected tree, replacement tree size and species, protected tree removal criteria, noticing require ments, and penalty fees. Portions of Municipal Code Section 18.41, are also proposed for amendment for consistency in terminology as shown in Attachment 1, Exhibit B hereto.

Many aspects of the proposed Ordinance update closely follow the adopted Urgency Ordinance 1572. The proposed differences from the adopted Urgency Ordinance 1572 are outlined within major categories in the table below as underlined text.

Table 1: Comparison of proposed changes with the current Urgency Ordinance 1572

Category NEW - Proposed Changes Adopted Urgency Ordinance 1572 Significant
Trees
Any tree that is eleven inches in
diameter (or more) outside of bark,
measured at fifty-four inches above
natural grade.

Any tree that is thirty-six inches in
circumference (or more) (which is
approximately eleven and one-half
inches in diameter), outside of bark,
measured at forty-eight inches above
natural grade.

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3 Heritage
Trees
Indigenous tree whose size, as
measured at fifty-four inches above
natural grade exceeds a specific
threshold for that species of tree:
 Buckeye (9” in diameter or
greater)
 Redwood (15” in diameter or
greater)
 Madrone (9” in diameter or
greater)
 Coast Live Oak (9” in diameter
or greater)
 Valley Oak (9” in diameter or
greater)
 Blue Oak (9” in diameter or
greater)
 Interior Live Oak (9” in diameter
or greater)
 California Bay Laurel (11” in
diameter or greater)
Indigenous tree whose size, as
measured at forty -eight inches above
natural grade exceeds a specific
threshold for that species of tree:
 Buckeye (30” in circumference.)
 Redwood (48” in circumference.)
 Madrone (30” in circumference.)
 Coast Live Oak (30” in
circumference.)
 Valley Oak (30” in circumference
 Blue Oak (24” in circumference)
 Interior Live Oak (24” in
circumference)
 California Bay Laurel (30” in
circumference)
Non
protected
tree –
regardless
of size
 Bailey, Green or Black Acacia
 Tree of Heaven
 Fruit Trees
 Monterey Pine
 Eucalyptus genera
 Monocot trees including palms
and palm relatives.
 Bailey, Green or Black Acacia
 Tree of Heaven
 Fruit Trees
 Monterey Pine
 Eucalyptus
Replanting
Tree Size
Minimum 24” box size tree, unless
otherwise specified by the City
arborist or the San Carlos Protected
Tree Administrative Guidelines.

Size determined by Community
Development Director and based on
valuation.

Replanting
Tree
Species
Must be:
1) A heritage tree shall be replaced
from the heritage tree list with
the exception of redwood trees,
unless as allowed by the City
arborist; or
2) Any other significant tree shall
be replaced from the City’s
preferred tree list
Must be either:
1) the same species as that removed
(unless invasive) or;
2) a heritage species
Tree
replanting
fees
At discretion of the Director and City
arborist, applicants allowed to pay a
tree fee if the required replacement is
not possible.

No provision of tree fee.

Off-site tree replanting is allowed.

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4 Tree
Relocation
Allows applicants to opt for
professional tree relocation within the
same site (instead of tree removal) to
accommodate proposed
development, repair, and alteration.

No such provision
Noticing
requirement

Tree removals and pruning are
required to be noticed. The noticing
period is proposed to be 14 days.

Only tree removals are required to be
noticed. The noticing period is 10 days.

Additional Documents
To support implementation of the proposed Ordinance, staff has prepared Administrative Guidelines and a Preferred Tree List as supplemental documents to provide guidance on administrative and internal processing procedures. At the April 25 meeting, the Council proposed a few additions to the Admi nistrative Guidelines . These included a requirement to inspect replacement trees in order to ascertain their health after planting and clarifications to the Preferred Tree List to allow for ease of use. These documents are currently being updated to include the most recent suggestions from the Council. The Administrative Guidelines and the Preferred Tree List are not proposed to be adopted with the Ordinance, but can be updated as needed.

Environmental Determination
This project implements the programs and policies of the San Carlos 2030 General Plan, is within the scope of the activities and impacts identified in San Carlos 2030 General Plan Program Environmental Impact Report (EIR) , and no new environmental effects have been found and no new mitigation is necessary. Therefore, no additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15162 and 15168. This project is also exempt per CEQA Section 15308, actions by regulatory agencies for protection of the environment.

Next Steps
Should the City Council adopt Ordinance 1580 at this second reading , the proposed amendments would become effective June 9, 2022. Urgency Ordinance 1572 is set to expire on May 27, 2022.

ALTERNATIVES:

The options available to the City Council include:

1. Adopt Ordinance 1580 amending the San Carlos Municipal Code Section 18.18.070 “Trees” (to be replaced in its entirety) and 18.41 “Terms and Definitions”; or

2. Do not adopt Ordinance 1580; or

3. Provide staff with alternative direction

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5 Respectfully submitted by:

Al Savay, AICP
Community Development Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Ordinance 1580 with Exhibits A and B

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ORDINANCE NO. 1580

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING SAN CARLOS MUNICIPAL CODE CHAPTER 18.18 - LANDSCAPING, REPLACING SECTION 18.18.070 – TREES, AND CHAPTER 18.41 - TERMS AND DEFINITIONS.

SECTION 1: The City Council of the City of San Carlos does hereby ordain as follows:

WHEREAS, on May 10 2021, the City Council conducted a study session on protected tree removals and/or pruning and expressed interest in moving forward with an Interim Urgency Ordinance to restrict protected tree removals and/or pruning and allow staff time to analyze the existing ordinance and propose changes, while only allowing for protected tree removal and/or pruning for trees that meet limited, specific findings; and

WHEREAS, on June 14, 2021 th e City Council adopted the Urgency Ordinance 1571 to enact the Urgency Ordinance for a period of 45 - days.

WHEREAS, on July 12, 2021 extended the Urgency Ordinance for a period of ten months and fifteen days Ordinance 1572 to allow staff time to research and propose a more comprehensive Protected Tree Ordinance

WHEREAS, on September 7, 2021 the Planning Commission conducted a study session to discuss reasons for tree removals, penalty fees for violation of the ordinance, notification requirements, and replanting and tree protection requirements , and received public comments, to be considered within the permanent protected tree ordinance.

WHEREAS, on February 7, 2022 the Planning Commission and the Residential Design Review Committee conducted a joint mee ting to comment and provide input on the ongoing work and next steps on developing a permanent protected tree ordinance; and

WHEREAS, pursuant to Government Code Section 65853 and 65850 and San Carlos Municipal Code Chapter 18.136, when a change in the Zo ning Ordinance (Title 18 of the San Carlos Municipal Code) is found necessary, the Planning Commission shall hold a public hearing to consider such change and render its decision to the City Council; and

WHEREAS, pursuant to San Carlos Municipal Code Cha pter 18.136.030 and California Government Code Section 65090 and 650901 a Public Hearing Notice was published on March 10, 2022 for the Draft Zoning Ordinance and the San Carlos Municipal Code Draft Amendments in the newspaper, distributed to interested agencies, added to the City’s website and announced through e-notify, city-wide postcard, and other social media platforms; and

WHEREAS, the Planning Commission conducted a public hearing on amendments to the San Carlos Municipal Code to hear and consider all comments of all persons interested in or concerned with a proposed amendments of the City of San Carlos Municipal Code on March 21, 2022 in consideration of a recommendation to the City Council regarding adoption of an Ordinance; and

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.136.030 and the California Government Code Sections 65090 and 65091 a Public Hearing Notice for the City Council consideration of the Planning Commission recommendation on the Draft Zoning Ordinance and the San Carlo s Municipal Code Draft Amendments was published April 1, 2022 in the newspaper, distributed to interested agencies, added to the City’s website and announced through e-notify, and other social media platforms; and WHEREAS, the proposed amendments to the Z oning Ordinance text were released for public review on April 7, 2022 and additional amendments on April 21, 2022 to incorporate the recommendations of the Planning Commission as recommended in Resolution of the Planning Commission No. PC2022-0003 and
WHEREAS, the City Council conducted a public hearing on amendments to the San Carlos Zoning Ordinance to hear and consider all comments of all persons interested in or concerned with a proposed amendments of the City of San Carlos Municipal Code on April 11, 2022 and April 25, 2022 in consideration of adoption of this Ordinance; and WHEREAS, the City Council desires to make findings for the proposed amendments to the San Carlos Municipal Code Title 18 Zoning Ordinance relative to implementation of the 2030 General Plan.

WHEREAS, the City Council finds that the desired outcome of the Ordinance update is to ensure a significant and thriving population of large healthy trees in San Carlos for public enjoyment and environmental sustainabilit y while balancing property rights and implementation efficiency is achieved; and

WHEREAS, the City Council finds the Ordinance update process evaluated current issues and successes with the existing ordinance and explored options for changes based on evidence and best practices in other communities and industry experts; and

SECTION 2: The City Council makes the following findings:

A. The proposed Ordinance amendments are consistent with the General Plan.

Basis for finding: The 2030 General Plan include s Goal EM -3, which states “Enhance the Urban Forest,” Action EM -3.1 which states, “Maintain and expand the urban canopy with special emphasis on protection of heritage trees” and EM-3.2 which states, “Review and amend the Zoning Ordinance as needed to iden tify barriers to the effective enhancement of the urban forest and the protection of heritage trees.” One of the primary goals of the update is to ensure that San Carlos’s municipal code pertaining to protected trees ensure a significant and thriving popul ation of large healthy trees in San Carlos for public enjoyment and environmental sustainability while balancing property rights and implementation efficiency.

B. The ordinance amendment is consistent with the purpose of the zoning title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

Basis for finding: The proposed amendments are consistent with the goals, policies, and actions of the 2030 General Plan and as such promote the effective enhancement of the urban forest and protection of heritage trees through updated regulations while continuing to protect the public health, safety, peace, comfort and general welfare.

SECTION 3 : Replacement of Code. Chapter 18. 18 – Landscaping, and Section

18.18.070 – Trees, Chapter 18.41 Terms and Definitions of Title 18 – Zoning is hereby replaced with the language in Exhibit A.

SECTION 4 : Pending Applications . As to applications for protected tree removal and/or pruning permits, which have been accepted, processing and review of such applications may continue, but shall be subject to the regulations and requirements listed in Exhibit A and Exhibit B, on the date the ordinance becomes effective.

SECTION 5: California Environmental Quality Act Determination . The City Council hereby finds that this Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) under Sections 15378 and 15061(b)(3) of the of the CEQA Guidelines.

The Ordinance is intended to continue the level of tree canopy protection existing in the current Ordinance while providing more clarity and better enforcement, and has no potential for resulting in physical change to the environment either directly or indirectly.

SECTION 6: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affec t the validity of the remaining portions of this Ordinance. The City Council of the City of San Carlos hereby declares that it would have adopted this Ordinance and such section, subsection, clause, phrase, or portion may be declared invalid or unconstitutional.

SECTION 7: That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.

SECTION 8: Publication. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.

* * * * *

I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on 25th day of April, 2022 and adopted at a regular meeting of t he City Council of the City of San Carlos held on the 9th day of May, 2022 by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

______________________________
CITY CLERK of the City of San Carlos

APPROVED:

___________________________
MAYOR of the City of San Carlos

Exhibits:

A. Amended Chapter 18.18 - Landscaping
B. Amended Chapter 18.41 – Terms and Definitions

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

EXHIBIT A
CHAPTER 18.18 - LANDSCAPING
Section 18.18.070 Trees.

A. Intent and Purpose
This chapter is adopted with the intent and purpose of promoting the preservation and development of a healthy, diverse tree canopy in San Carlos, which is highly valued by the community and is vital to the character and health of the city.

Protected trees are valued for their many contributions to the environment, public health and quality of life of the San Carlos community. Examples of those benefits include:

1. Provide shade;

2. Resiliency to climate change;

3. Improve air quality;

4. Provide shelter from wind;

5. Prevent erosion and landslides;

6. Protect against flood hazards;

7. Add to the city’s scenic beauty and character;

8. Recognize historical significance to our city;

9. Create natural gathering places;

10. Reduce noise pollution;

11. Enhance privacy;

12. Enhance neighborhood property values;

13. Provide habitat for wildlife.

14. Improve storm water management and improve water quality

15. Offset carbon emissions

16. Minimize the urban heat island effect
B. Definitions

1. “Applicant” is the person seeking a permit to remove or perform pruning on a Protected tree under this chapter.

2. “Administrative Guidelines” means staff-prepared regulations for implementation and interpretation of this chapter.

3. “Construction activity” means any construction work associated with or requiring a permit for any new building, building addition, building demolition, grading, excavation or paving. This includes all necessary related activities which may or may not be shown on site plans, including but not limited to: storing/staging of materials, site access, parking, placement of temporary structures, debris disposal, additional excavation and landscaping.

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

4. “Pruning” means the removal of one-fourth or more than one-fourth (25%) of the crown or existing foliage of the tree or one-fourth or more than one-fourth (25%) of the root system.

5. “Trimming” means the cutting or removal of a portion of a tree which removes less than one-fourth (25%) of the crown or existing foliage of a tree, removes less than one-fourth (25%) of the root system, and does not kill the tree.

6. “City arborist” means city-retained arborist.

7. “Community of trees” means a group or grove of trees that are dependent upon each other for their survival and/or structural stability.

8. “Tree Protection Zone (TPZ)” means the area surrounding a tree to be Protected based upon tree species, age, health, soil, and proposed construction. The TPZ shall have a radius measured from the trunk equal to ten times the diameter of the trunk measured at 54" above grade or as otherwise specified by a project arborist and approved by the City arborist.

9. “Removal” means cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or pruning not done in conformance with a permit.

10. “Protected tree” means any significant or heritage tree, any tree as part of a replacement requirement, an approved development permit or an approved landscaping plan. The following trees shall not be classified as Protected trees regardless of size:

i. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;
ii. Tree of Heaven: Ailianthus altissima
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus genera;
vi. Monocot trees including palms and palm relatives.

11. “Heritage tree” means any:

i. Indigenous tree whose size, as measured at fifty-four inches above natural grade (unless otherwise indicated), is defined below:
 Aesculus californica (buckeye) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.
 Arbutus menziesii (madrone) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

 Quercus agrifolia (coast live oak) measuring nine inches (9”) in diameter or greater.
 Quercus lobata (valley oak) measuring nine inches (9”) in diameter or greater.
 Quercus douglassii (blue oak) measuring nine (9”) in diameter or greater.  Quercus wislizneii (interior live oak) measuring nine inches (9”) in diameter or greater.
 Sequoia sempervirens (redwood) measuring fifteen inches (15”) in diameter or greater.
 Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring eleven inches (11”) in diameter or greater;

Heritage Tree Species Minimum Protected
Diameter
Aesculus californica (buckeye) 9” diameter or greater
Arbutus menziesii (madrone) 9” diameter or greater
Quercus agrifolia (coast live oak) 9” diameter or greater Quercus lobata (valley oak) 9” diameter or greater
Quercus douglassii (blue oak) 9” diameter or greater
Quercus wislizneii (interior live oak) 9” diameter or greater Sequoia sempervirens (redwood) 15” diameter or greater
Umbellularia californica (California bay
laurel)
11” diameter or greater

ii. Community of trees;

iii. Trees designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors.

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

12. “Significant tree” means any tree that is eleven inches (11”) in diameter (or more), outside of bark, measured at fifty-four inches above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:

i. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;
ii. Tree of Heaven: Ailianthus altissima;
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus genera;
vi. Monocot trees including palms and palm relatives.

C. Trees. Trees shall be provided as follows:

1. RS districts: one tree for every one thousand square feet of lot coverage for residential development; one tree for every two thousand square feet of lot coverage for non- residential development.

2. RM and mixed-use districts: one tree for every two thousand square feet of lot coverage.

3. Commercial districts: one tree for every two thousand square feet of lot coverage.

4. Industrial districts: one tree for every five thousand square feet of lot coverage.

5. If the lot size or other site conditions make planting of the required trees impractical to comply with, the applicant, at the discretion of the Director and City arborist, may pay a fee as adopted in a resolution by the City Council.

6. If the required number and size of trees not including fruit trees, already exist on the site, the applicant may not be required to plant new trees on site unless as required per the City arborist, replacement requirement and/or an associated condition of approval. Instead, the existing trees shall be shown on the site and landscape plans submitted to the Planning Division, and those trees shall be maintained in compliance with the standards of this chapter.

7. Street oriented trees: At least one of the required on site trees must be street oriented unless otherwise approved by the City arborist.

8. Any tree planted to meet the requirements of this section shall be a minimum of 24” box size, unless otherwise specified by the City arborist.

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

9. Any tree planted to meet the requirements under this section shall not include, Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon; Tree of Heaven:

Ailianthus altissima; Fruit trees of any kind; Monterey Pine: Pinus radiata; Eucalyptus genera; Monocot trees including palms and palm relatives.

D. Maintenance and Preservation of Protected Trees. The following requirements apply to Protected trees, as defined in this chapter and Section 18.41.020:

1. No Protected tree shall be removed, pruned, or otherwise materially altered without a permit except as provided in this section. Trimming of a protected tree is allowed without such a permit.

2. Chemicals or other construction materials shall not be stored within the Tree Protection Zone of Protected trees.

3. Drains shall be provided as required by the City arborist whenever soil fill is placed around Protected trees. Soil fill shall not be placed around Protected trees without approval by an ISA-certified arborist.

4. Signs, wires or similar devices shall not be attached to Protected trees.

5. Any Construction Activity performed within an area ten (10) times the diameter of a Protected tree on any property or in the public right of way shall require submittal and implementation of a tree protection plan for review and approval by the City arborist prior to issuance of any grading or construction permit. The tree protection plan shall be prepared by an ISA certified arborist and shall address issues related to protective fencing and protective techniques as specified in the administrative guidelines to minimize impacts associated with grading, excavation, demolition and construction.

The City arborist may impose conditions on any City permit to assure compliance with this section. These trees and protection zones shall be identified on plans.

6. If the proposed development, including any site work for the development, will encroach upon the Tree Protection Zone of a Protected tree, special measures shall be utilized, as approved by the City arborist, to allow the roots to obtain oxygen, water, and nutrients as needed. Any excavation, cutting, filling, or compaction of the existing ground surface within the protected perimeter, if authorized at all by the review authority, shall be minimized and subject to such conditions as may be imposed by the

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

review authority. No significant change in existing ground level shall be made within the Tree Protection Zone of a Protected tree except as approved by the City arborist.

No burning or use of equipment with an open flame shall occur near or within the protected perimeter.

7. Underground trenching for utilities shall avoid major support and absorbing tree roots of Protected trees. If avoidance is impractical, tunnels shall be made below the roots.

Trenches shall be consolidated to service as many units as possible. Trenching within the Tree Protection Zone of Protected trees shall be avoided to the greatest extent possible and shall only be done under the at-site directions of a certified arborist and with approval by the City arborist.

8. No concrete or asphalt paving shall be placed over the Tree Protection Zone of oaks except as approved by the City arborist.

9. No compaction of the soil within the Tree Protection Zone of Protected trees shall occur.

E. Removal and/or pruning of Protected trees prohibited.

It is unlawful for any person to remove, or cause to be removed, any Protected tree from any parcel of property in the city, or perform pruning on a Protected tree, without obtaining a permit; provided, that in case of emergency, when a Protected tree is imminently hazardous or dangerous to life or property, it may be removed by order of the City arborist. Any person who vandalizes, grievously mutilates, destroys or unbalances a Protected tree without a permit or beyond the scope of an approved permit shall be in violation of this chapter.

F. Protected Tree Removal Permit and Decision-making Criteria.

1. Application. Application and fees for Protected tree removal permits and/or pruning of a Protected tree shall be submitted in accordance with the provisions set forth in Chapter 18.27, Common Procedures and the Administrative Guidelines. The application shall state, among other things per the Administrative Guidelines, the number and location of the tree(s) to be removed or pruned by type and the reason for removal or pruning of each. The application shall also include a recent colored photograph with correct botanical identification of the subject tree(s).

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

2. Decision-making Criteria. The City arborist may only issue a permit for the removal and/or pruning of a Protected tree if he/she/they determines there is good cause for such action. In determining whether there is good cause, the City arborist shall give consideration to the following:
a. Death. The Protected tree is dead as designated by the City arborist. b. Tree Risk Rating. The condition of the Protected tree poses a high or extreme risk rating under the International Society of Arboriculture Best Management Practices: Tree Risk Assessment and/or administrative guidelines; and the risk cannot be reasonably abated to a low risk rating with sound arboricultural treatments. The City arborist may consider ‘danger to people and property’ in assessing the risk to make a decision.
c. Tree Health Rating. The Protected tree is (A) dying or has a severe disease, pest infestation, intolerance to adverse site conditions, or other condition and/or pruning or other reasonable treatments based on current arboricultural standards will not restore the Protected tree to a fair, good or excellent health rating as defined in the Guide for Plant Appraisal, 10th Edition, or its successor manual or the administrative guidelines (B) likely to die within a year as designated by an ISA Certified Arborist and/or the City arborist. d. Species. The Protected tree is a member of a species that has been designated as invasive or low species desirability by the City arborist or his/her/their designee in the administrative guidelines. e. Development. The Protected tree interferes with existing or proposed development, repair, alteration or improvement of a site or the Protected tree is causing/contributing to structural damage to a habitable building (excluding amenities, such as walkways, patios, pools and fire pits); and there is no reasonable design alternative that would permit preservation of the Protected tree while achieving the applicant’s reasonable development objectives or of the property. Necessary documentation and/or tree appraisals as established in the administrative guidelines shall be submitted to the City arborist demonstrating infeasibility of alternatives to the removal and/or pruning.

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

f. Utility Interference. The removal and/or pruning is requested by a utility, public transportation agency, or other governmental agency due to a health or safety risk resulting from the Protected tree’s interference with existing or planned public infrastructure and there is no reasonable design alternative that would permit preservation of the Protected tree. Necessary documentation as established in the administrative guidelines shall be submitted to the City arborist demonstrating infeasibility of alternatives to the removal and/or pruning.

3. Review. In reviewing applications for removal and/or pruning of Protected trees, the City arborist shall give priority to those based on hazard or danger of disease. The City arborist may refer any application to another department, committee, board or commission of the City for a report and recommendation, and may require the applicant to provide an arborist’s report which shall be reviewed by the City arborist.

4. Applicants may choose to professionally move a protected tree on-site to accommodate proposed development, repair, alteration or improvement of a site. Any tree proposed to be moved will be construed as tree removed and shall comply with application procedures as set forth within this chapter and the administrative guidelines. The City arborist may require documentation to certify that the moving work was accomplished according to acceptable tree moving standards and specifications. Additional documentation may be required to prove feasibility of moving, establishing and maintaining the moved protected tree.

5. Noticing Requirements.

Notice before Issuance. Before a Protected tree is removed or pruned, notice of removal shall be posted by the applicant on the property containing the Protected tree at a conspicuous location when a permit is sought under subsection (e) (Development) or (f) (Utility Interference) of this section. Property owners within three- hundred (300’) feet of the exterior boundary of the property containing the Protected tree shall be noticed by mail of the pending application. Failure to receive copies of such notice shall not invalidate any action taken by the City.

Notice of Issuance. Upon receipt of a tree removal or pruning permit, the property owner shall post a notice of issuance of any permit for a tree removal at the subject

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

property for a period of fourteen (14) calendar days. A proof of posting shall be sent to the City arborist. The City will furnish the owner with a copy of the notice of issuance.

6. Conditions and Replacement Trees. In granting a tree removal permit, the City arborist may attach reasonable conditions to ensure compliance with the content and purpose of this chapter, such as, but not limited to, the following:
a. Replacement tree(s) for heritage tree removals shall be from the heritage tree list, with the exception of redwood trees, at a 1:1 ratio of a size, as determined by the City arborist and/or specified in the administrative guidelines.

The City arborist may allow a species not on the heritage tree list if:
i. The species from the heritage tree list is proven to be unsuitable at a given location per an ISA Certified Arborist and/or the City arborist b. Replacement tree(s) for all other significant tree removals shall be at a 1:1 ratio of a size, as determined by the City arborist and/or as specified in the administrative guidelines.
c. Replacement trees shall be planted within four (4) months of the permit issuance unless the replacement tree is part of an approved landscape plan associated with a development project, or upon approval by the City Arborist.
d. Any tree planted to meet the requirements under this section shall not include, Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon; Tree of Heaven: Ailianthus altissima; Fruit trees of any kind; Monterey Pine: Pinus radiata; Eucalyptus genera; Monocot trees including palms and palm relatives.
e. Special construction to allow irrigation and aeration of roots and preservation of the Protected tree.
f. Tree wells or other tree protection techniques.
g. Protected tree maintenance requirements to help the tree grow and thrive h. Other reasonable requirements per the City arborist

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

7. Emergencies. If an emergency develops regarding a Protected tree removal and/or pruning which requires immediate response for the safety of life or property, action may be taken by obtaining oral permission of the City arborist, notwithstanding other provisions contained in this chapter. Such emergencies shall be exempt from Protected tree permit application procedures; however, replacement shall occur as provided in this chapter.

8. Expiration. If no action on an approved tree removal permit is taken within a period of one year from the date of approval, the permit shall be considered void.

9. Appeals. Tree removal permit decisions are subject to the appeal provisions of Section 18.27.150, Appeals.

10. Administrative Guidelines. The Director shall have the authority to adopt and modify administrative guidelines to implement this chapter.

G. Violation. In addition to the provisions of Chapter 18.39, Enforcement and Abatement Procedures, and Chapter 1.20, Penalties, any person who removes or causes to be removed any Protected tree, the following shall apply:

1. If a violation occurs during development, the City may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the City arborist, agreed to in writing by the property owner(s), and either implemented or guaranteed by the posting of adequate security as determined by the City.

2. Any person violating this chapter shall be subject to a civil fine or penalty in the amount established by this ordinance. If a person commits, or maintains a violation of any part of Municipal Code Section 18.18, he/she/they will be fined in an amount not to exceed $5,000 per violation; and if the violation resulted in the removal or demise of a Protected tree, the fine will not exceed $5,000 per tree or the appraised value of each such tree, as determined by an ISA Certified Arborist in consultation with the City arborist, whichever amount is higher. The arborist shall use the then-current issue of “A Guide to Plant Appraisal” published by the International Society of Arboriculture or

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

as specified in the administrative guidelines. Replacement shall occur as established in this chapter.

3. The code enforcement officer, director, building official, City arborist or designee are authorized to issue stop work orders, notices of violation, administrative penalties and citations under this chapter.

4. Any citation or penalty received under this chapter may be appealed to the Zoning Administrator or designee whose determination shall be final. Such appeal must be filed within ten (10) days of receipt of the citation or penalty.

5. Whenever the amount of any administrative fine or penalty or administrative cost incurred by the City in connection with a violation of this chapter has not been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

6. The City Attorney may bring a civil action against the violator to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the City prevails, the court may award to the City all costs of investigation and preparation for trial, the costs of trial, reasonable expenses, including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.

7. The remedies provided in this section may be enforced against both the contractor and other person performing work in violation of this chapter as well as the owner of the real property on which the Protected tree is located.

8. All remedies provided in this section shall be cumulative and are not exclusive.

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

EXHIBIT B
CHAPTER 18.41 - TERMS AND DEFINITIONS
“Applicant” is the person seeking a permit to remove or perform pruning on a Protected tree under this chapter.
“Administrative Guidelines” means staff-prepared regulations for implementation and interpretation of this chapter.
“Construction activity” means any construction work associated with or requiring a permit for any new building, building addition, building demolition, grading, excavation or paving. This includes all necessary related activities which may or may not be shown on site plans, including but not limited to: storing/staging of materials, site access, parking, placement of temporary structures, debris disposal, additional excavation and landscaping. “Pruning” means the removal of one-fourth or more than one-fourth (25%) of the crown or existing foliage of the tree or one-fourth or more than one-fourth (25%) of the root system. “Trimming” means the cutting or removal of a portion of a tree which removes less than one- fourth (25%) of the crown or existing foliage of a tree, removes less than one-fourth (25%) of the root system, and does not kill the tree.
“City arborist” means city-retained arborist.
“Community of trees” means a group or grove of trees that are dependent upon each other for their survival and/or structural stability.
“Tree Protection Zone (TPZ)” means the area surrounding a tree to be Protected based upon tree species, age, health, soil, and proposed construction. The TPZ shall have a radius measured from the trunk equal to ten times the diameter of the trunk measured at 54" above grade or as otherwise specified by a project arborist and approved by the City arborist. “Removal” means cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or pruning not done in conformance with a permit. “Protected tree” means any significant or heritage tree, any tree as part of a replacement requirement, an approved development permit or an approved landscaping plan. The following trees shall not be classified as Protected trees regardless of size:

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

“Heritage tree” means any:
i. Indigenous tree whose size, as measured at fifty-four inches above natural grade (unless otherwise indicated), is defined below:
 Aesculus californica (buckeye) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.
 Arbutus menziesii (madrone) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring nine inches (9”) in diameter or greater.
 Quercus agrifolia (coast live oak) measuring nine inches (9”) in diameter or greater.
 Quercus lobata (valley oak) measuring nine inches (9”) in diameter or greater.
 Quercus douglassii (blue oak) measuring nine (9”) in diameter or greater.  Quercus wislizneii (interior live oak) measuring nine inches (9”) in diameter or greater.
 Sequoia sempervirens (redwood) measuring fifteen inches (15”) in diameter or greater.
 Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at fifty-four inches above natural grade and measuring eleven inches (11”) in diameter or greater;

Heritage Tree Species Minimum Protected
Diameter
Aesculus californica (buckeye) 9” diameter or greater
Arbutus menziesii (madrone) 9” diameter or greater

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

Quercus agrifolia (coast live oak) 9” diameter or greater Quercus lobata (valley oak) 9” diameter or greater
Quercus douglassii (blue oak) 9” diameter or greater
Quercus wislizneii (interior live oak) 9” diameter or greater Sequoia sempervirens (redwood) 15” diameter or greater
Umbellularia californica (California bay
laurel)
11” diameter or greater

ii. Community of trees;

iii. Trees designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors.

“Significant tree” means any tree that is eleven inches (11”) in diameter (or more), outside of bark, measured at fifty-four inches above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:
i. Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;
ii. Tree of Heaven: Ailianthus altissima;
iii. Fruit trees of any kind;
iv. Monterey Pine: Pinus radiata;
v. Eucalyptus genera;
vi. Monocot trees including palms and palm relatives.

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Attachment: Ordinance 1580 with Exhibits A and B (Permanent Protected Tree Ordinance)

CITY COUNCIL

STAFF REPORT

MEETING DATE: May 9, 2022

ITEM TITLE: Discuss and Provide Direction on the Potential Partial Street Closures of McCue Avenue, Montgomery Street, Cherry Street and Hall Street in the Greater East San Carlos Neighborhood.

RECOMMENDATION:

Staff recommends that the City Council r eceive a report and provide direction on whether to implement partial street closures of McCue Avenue, and Montgomery, Cherry, and Hall Streets in the Greater East San Carlos Neighborhood (“GESC”).

FISCAL IMPLICATIONS:

None at this time.

BACKGROUND:

In prior years, the GESC requested traffic calming measures to be implemented on City streets citing the following concerns: increased speeding , drivers not obeying traffic signs , and cu t- through t raffic. In response, t he City attempted to reduce speeding by constructing curb extensions or bulbouts at the intersections of Industrial Road at Cherry, Montgomery, and Hall Streets. In addition, the City installed s top signs on McCue Avenue and Cherry, Montgomery, and Hall Streets at Bayport Avenue. According to the GESC, these traffic devices have not made a difference in calming traffic. Furthermore, the GESC has expressed concern that cut- through traffic will be exacerbated as the new development occ urs in East San Carlos.

Therefore, in preparation for the increased level of traffic due to these developments, the GESC requests partial closure of the entrances onto McCue Avenue and Cherry, Montgomery, and Hall Streets from Old County and Industrial Ro ads. Residents may access their streets using East San Carlos Avenue, Terminal Way, or Tanklage Road and then tak e Bayport Avenue to their respective streets. When the residents wish to leave their neighborhood, they will be able to exit onto Old County and Industrial Roads as they do now.

Staff met with the GESC to discuss their various closure proposals including the use of landscape planters, temporary fencing, A -frame barricades, and K -rail/water barriers. Even though the use of these barriers w ere to be part of a temporary pilot, staff informed the GESC that any barrier used must meet street closure standards . The K-rail/water barrier concept was selected.

The Transportation and Circulation Commission (“T&C”) learned of the GESC’s request at its

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2 September 21, 2021 meeting. Although some Commissioners supported conducting a pilot, the consensus of the Commission was to have the GESC apply for a formal request consistent with the City’s adopted Neighborhood Traffic Management Plan (“NTMP”) process.

The GESC submitted its application along with signed petitions from the local residents. Staff presented this item to the T&C at its March 15, 2022 meeting. At that meeting, staff invited the Fire and Police Chiefs to provide their input on the proposed partial street closures. The Police Chief shared that partial street closures would affect emergency response times to the area , create additional enforcement challenges , and impact traffic on other local streets. The Fire Chief also expressed concern about emergency response times and emphasized that the K - rail/water barriers would impede fire hose “pull” and emergency vehicle staging on the impacted streets. However, the issues related to K -rail/water barriers could be eliminated by using mountable curbs instead.

Based on what was described by the Fire Chief, the T&C recommended that the GESC’s partial street closures request be forwarded to the City Council for consideration.

ANALYSIS:

Before bringing this item for City Council co nsideration, staff wanted to understand how partial street closures would affect solid and recycled waste collection, as well as t he collection and delivery of U.S. Mail. Staff contacted both Recology and the U.S. Postal Service to obtain their input and c omments. Staff also determined that there are other affected service providers . A partial list is shown below.

 Amazon, UPS, FedEx, DHL
 Utility companies
 Food delivery services
 Ride share services
 Landscaping, contractors, debris bin, temporary storage

Recology, San Carlos
Staff contacted the General Manager of Recology Evan Boyd. Mr. Boyd stated that the partial street closures would present a challenge for their collection efforts and would create some unintended consequences for the residents. Some of his concerns follow:

 Due to the narrow nature of the streets and with cars parked on either side of the street, the collection vehicles would have to back -out of the entire length of each block where ingress is prohibited . Backing -out is a maneuver that is performed on a daily basis .

However, Recology drivers are instructed to avoid backing maneuvers whenever possible since over 75% of accidents in the waste industry are related to backing .

Backing is a dangerous maneuver for garbage trucks due to t he truck size and the vehicle’s inherent blind spots. Coupled with the issue of narrow streets lined with parked cars, the safety hazards escalate.

 Automated collection vehicles only collect from one side of the vehicle. The collection vehicles will pass down the street traveling from east to west to collect one side of the street and then will make another pass entering from the opposite direction to collect from the other side of the street. With the proposed partial street closure, collection vehicles would collect waste from one side of the street, back out of the street, and back

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3 down the same street to collect on the opposite side of the street. The truck could essentially pass a residence four times versus the two times that is required currently.

This would defeat the purpose of automated collection service and increase the amount of time that waste collection vehicles are in this neighborhood. It should also be noted that the above scenario is for one collection vehicle. The current collection program uses three separate trucks (i.e., garbage, recycling, and organics) to collect material at one residence. Therefore, waste collection trucks may pass one residence 12 times on waste collection day.

 By law, waste collection vehicles are required to have audible back up alarms. They are an important safety feature but can also create a noise nuisance when backing long distances or performing multiple backing maneuvers repeatedly. The proposed street closures require a number of backing maneuvers and the d istance of those backing maneuvers is substantial. The blocks west of Bayport Avenue are approximately 450 feet in length and the blocks east of Bayport Avenue are 750 feet in length. This equates to a distance of 4,800 feet times three trucks or 14,400 feet each week with the audible back up alarms sounding when no backing maneuvers are required for residential collection in these areas currently.

U.S. Mail, San Carlos
Staff spoke with the San Carlos Postmaster, Lily Wong -Lin. Ms. Wong-Lin indicated th at the mail carrier for the area in question parks their truck on Bayport Avenue and hand carries the mail to each individual home on the block. At the completion of the block, the carrier returns to the truck and drives down the street to deliver p ackages or bulky items to the houses . This process would be repeated on each leg of the streets.

Ms. Wong-Lin shared that she expects the mail carrier would take longer to deliver the mail with the partial street closures in place . If the partial street closur e were to be implemented, she would recommend that home mail delivery be replaced with gang mailboxes installed end of the streets.

Street Sweeping
The City sweeps the streets in the GESC on the first and third Wednesday of each month.

Similar to a wa ste collection truck, a street sweeper is not very maneuverable and the vehicle has blind spots. The driver will try to accomplish three point turn s if space is available but backing down the street may be necessary.

Public Traffic
Implementing a partial closure at Old County Road at McCue Avenue, Montgomery, and Cherry Streets will require the closure to be set back away from the intersections to allow the commercial properties to access their driveways , the back of their buildings , and their parking lots. “No Through Traffic” signs would be posted at the intersections.

Since through traffic will not be allowed, drivers turning down these streets will need to perform a three point turn and return back to Old County Road. For vehicles with trailers or vehicles with long wheelbases, completing a three point turn may not be feasible. In this instance the drivers are more likely to utilize the driveways and encroach into private property causing conflicts with the property owners.

Conclusion
As a part of the Alexandria project, a traffic study was scoped to analyze cut -through traffic

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4 throughout the GESC. The preliminary results from the traffic modeling software show that while there is cut -through traffic in the neighborhood the percentage of cut-through traffic is not very high. The traffic consultant is refining and calibrating the traffic model to get the final result. In addition to the quantitative analysis, the consultant will apply a methodology to measure whether the increase in local street traffic is perceptible to a resident on that street.

Although staff sympathizes with the concerns of the GESC and the potential for future cut - through traffic, adding partial street closures to McCue Avenue, and Cherry, Montgomery, and Hall Stree ts may be premature since traffic studies do not suggest that cut-through traffic is significant at this time.

The City Manager, Public Works Director and Police Chief do not recommend installing the requested partial street closures or any traffic calming measures at this time. The amount of cut-through traffic does not necessitate adding the closures, but if the closures are added it will create the following:

 Enforcement challenges for the Sheriff’s Office to monitor;  Safety concerns of the garbage trucks backing down the streets;  Increase the number of trips on other streets while reducing the number of trips on the identified streets;
 Encourage breaking the law when drivers deviate to the wrong side of the road to avoid a turnaround;
 Driver confusion of the partial closures;
 Drivers encroaching onto private properties to complete a turnaround;  Increase gas emissions from all vehicles;
 Garbage trucks circulating multiple times during their collection routes;  Increase back up alarm noise in the neighborhood;
 Increase emergency response time; and
 Sets a precedent establishing closures in other neighborhoods.

If the Council wishes to further examine this proposal, staff would conduct a neighborhood community meeting to discuss the proposal challenges to ascertain the neighborhood buy in of the improvements and that they are willing to accept the consequences.

Respectfully submitted by:

Steven Machida,
Public Works Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

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CITY COUNCIL

STAFF REPORT

MEETING DATE: May 9, 2022

ITEM TITLE: Discuss and Provide Direction on Amendments to the San Carlos Municipal Code Section 18.23.210 - Accessory Dwelling Units/Junior Accessory Dwelling Units.

RECOMMENDATION:

Staff recommends that the City Council discuss and provide direction on proposed amendments to the San Carlos Municipal Code Section 18.23.210 - Accessory Dwelling Units/Junior Accessory Dwelling Units.

FISCAL IMPLICATIONS:

There is no fiscal impact or additional appropriation needed for this action.

BACKGROUND:

On October 26, 2020, the City Council adopted Ordinance 1566 to amend the San Carlos Zoning Ordinance, Title 18 of the San Carlos Municipal Code, in order to bring accessory dwelling units (“ADUs”) and j unior dwelling units (“JADUs”) into compliance with State law.

Since its adoption, staff has applied the amended requirements to all incoming ADU and JADU applications and assisted members of the public apply the requirements to unique individual lots. Sta ff has prepared several recommendations to both clarify the original intent of the requirements and to reduce unintended obstacles to the construction of ADUs and JADUs in adherence with State law.

On April 18, 2022, the Planning Commission reviewed the p roposed changes to the Municipal Code and recommended that the City Council adopt the proposed Municipal Code changes.

Staff is bringing this item to the City Council as a study session in order to gather feedback. At the conclusion of this study item, staff will continue the Ordinance adoption process and either 1) return to the City Council with an Ordinance for adoption, or 2) return to the Planning Commission for their recommendations to Council, if major changes are proposed.

ANALYSIS:

Proposed Amendments
Staff is recommending the following amendments to the Zoning Code. The specific section of the Municipal Code is italicized. Section 18.23.210 of the Municipal Code is included as Attachment 1 with redlines to demonstrate proposed changes.

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2 Junior Accessory Dwelling Units (JADUs)

1. 18.23.210 (C)(1) and 18.23.210(E)(3)(a): Clarifies that JADUs may only be included in existing residence walls or as part of a new house. The California Department of Housing and Community Development ( HCD) has clarified that additions to existing residences to accommodate JADUs are not permitted.

2. 18.23.210(E)(3)(g): Clarifies that the balconies, decks , and open stair landings shall not face the rear or nearest side property line (except as to allow ingress and egress), above the first floor only.

Accessory Dwelling Units (ADUs)

1. 18.23.210 (D)(2) : Clarifies that ADUs may only be sold separately from the main residence when allowed by State law. For example, AB 345 allows qualified non -profit builders or developers to sell units individually, in very specific cases.

2. 18.23.210(E)(4)(d): Clarifies that setbacks for first floor ADUs ( four foot minimum side and rear setbacks and a front setback equal to the front setback require ments for the main residence). Includes new language to allow attached second floor ADUs on reverse corner lots only to have a minimum five foot rear setback.

A reverse corner lot is shown in the area outlined in red below. Reverse corner lots’ rear yards align with the front and side yard of the interior lot of the property next door.

As staff receives inquiries and proposals for these lots, it has become clear that a reduced second floor rear setback would assist with the development of ADUs for several reasons:

 Reversed corner lots have a rear ya rd that is adjacent to a neighbor’s side yard, and oftentimes appear to be a side yard due to the layout of the house on the lot.

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3  Garages on reversed corner lots are generally located towards the rear of the lot.

Building an ADU above a single -story garag e is attractive to homeowners for aesthetic reasons, cost to build, and relation to neighboring properties.  Reversed corner lots are required to set back their house from the street side even further for a portion of the length of their lot:
o SCMC 18.04.30 (E): Street Side Setbacks on Lots with Reversed Frontage. The exterior side setback in the rear twenty -five percent of a reversed corner lot shall not be less than the front yard required or existing, whichever is less, on the adjoining key lot.

Due to th e unique circumstances of reverse corner lots, Staff believes the proposed changes are needed to remove obstacles to the construction of ADUs on these types of lots.

3. 18.23.210(E)(4)(g): Clarifies that balconies, decks and open stair landings shall no t face the rear or nearest side property line (except as to allow ingress and egress), above the first floor only. Removes requirement of obscure glass and minimum window sill heights for the first floor. Allows the Director to determine whether windows on the

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4 second floor of an ADU shall be obscured and/or have a minimum sill height, based on the specific conditions of the proposal.

4. 18.23.210 (E)(4)(i) : Language has been added to clarify that additions to existing accessory structures to accommodate AD Us must comply with all current requirements, including setback, height, etc.

Next Steps
If Council comments and feedback are minor, this item will return to the Council on June 13, 2022 for a first reading. If there are substantial changes, or addition al research and time are needed, the proposed Ordinance will return to the Planning Commission to provide recommendations to the City Council.

ALTERNATIVES:

The options to the City Council include:

1. Provide feedback on the proposed Ordinance changes; or

2. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, AICP
Community Development Director

Andrea Mardesich, Principal Planner

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Proposed Changes to Municipal Code Section 18.23.210

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Proposed Changes to San Carlos Municipal Code Section 18.23.210 Proposed Amendments to the Municipal Code are in red.

18.23.210 Accessory dwelling units/junior accessory dwelling units.

A. Purpose and Applicability. The purpose of this section is to:

1. Provide for accessory dwelling units and junior accessory dwelling units in accordance with the provisions of State law.

2. Maintain the character of single-family residential neighborhoods in the City to the greatest extent possible.

3. In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this chapter shall remain in full force and effect.

B. Land Use Regulations. Accessory dwelling units shall be a permitted use in residential (R) zoning districts, mixed-use (MU) zoning districts and in any planned development (PD) zoning district where residential uses are permitted or conditionally permitted as part of an approved planned development plan. Junior accessory dwelling units shall be permitted in the single- family (RS) zoning districts within an existing single-unit dwelling, or as part of a proposed new single-unit dwelling.

C. Number of Units and Location.

1. Junior Accessory Dwelling Units, Number.
a. Where permitted, one (1) junior accessory dwelling unit may be developed on any legally created lot and shall be located within the walls of an existing or proposed single-unit dwelling. New additions to an existing residence shall not contain JADUs.

2. Accessory Dwelling Units, Number.
a. Multifamily Dwelling Structures, Accessory Dwelling Units Inside an Existing Multifamily Dwelling Structure. Up to twenty-five percent (25%) of the number of existing multifamily units in the building, but at least one (1) unit, shall be allowed in

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance) existing multifamily dwelling structures within the portions of the structure that are not used as livable space; provided, that the unit complies with the California Building Standards Code as set forth in Title 15 of this Code for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure.
b. Multifamily Dwelling Structures, Detached Accessory Dwelling Units. Up to two (2) detached accessory dwelling units on a lot with an existing multifamily dwelling structure; provided, that the height of the detached accessory dwelling unit does not exceed sixteen (16) feet and has no less than four (4) foot side and four (4) foot rear yard setbacks.
c. Single-Family Residential Lots. One (1) accessory dwelling unit is permitted per residential lot containing an existing or proposed single-unit dwelling. An accessory dwelling unit may be allowed in conjunction with a junior accessory dwelling unit when the requirements of subsection E of this section (Development Standards) are met.

3. Accessory Dwelling Units, Location. Where permitted, one (1) accessory dwelling unit may be located in any of the following places on a legally created lot:
a. Attached to an existing or proposed single-unit dwelling; b. Located within the walls of the existing or proposed single-unit dwelling, including all or a portion of an attached garage, or an existing multifamily structure; c. Located within an existing accessory structure;
d. Detached from the existing single-unit dwelling or multifamily structure, but located on the same lot as the existing or proposed single-unit dwelling or multifamily structure;
e. Located over a legally established detached garage.

D. Rental Standards.

1. Junior Accessory Dwelling Units.

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance) a. Junior accessory dwelling units shall not be sold separately from the primary residence.
b. Junior accessory dwelling units may be rented independently of the primary residence.
c. Junior accessory dwelling units shall not be rented for fewer than thirty (30) consecutive calendar days.
d. Either the single-unit dwelling or the junior accessory dwelling unit shall be owner-occupied.

2. Accessory Dwelling Units.
a. Accessory dwelling units shall not be sold separately from the primary residence, unless permitted by State Law.
b. Accessory dwelling units may be rented independently of the primary residence. c. Accessory dwelling units shall not be rented for fewer than thirty (30) consecutive calendar days.
d. Either the single-unit dwelling or the accessory dwelling unit shall be owner- occupied. For applications received prior to January 1, 2025, there is no owner- occupancy requirement for accessory dwelling units.

E. Development Standards.

1. Junior accessory dwelling units and accessory dwelling units shall conform to the height, setbacks, lot coverage, and any other development or supplemental standards of any applicable zoning district(s), the development standards below, other requirements of the Zoning Ordinance, and other applicable City codes. In any case of conflict between this section and any other part of the San Carlos Municipal Code, the standards specific to this section shall take precedence.

2. Building Code Requirements. Junior accessory dwelling units and accessory dwelling units shall comply with all applicable building code requirements, except fire sprinklers shall not be required in a junior accessory dwelling unit or accessory dwelling unit if they are not required for the single-unit dwelling.

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance)

3. Junior Accessory Dwelling Units (JADUs).
a. Junior accessory dwelling units shall be contained entirely within the walls of a single-unit dwelling, and shall contain at least an efficiency kitchen equipped with a sink, a built-in cooking facility with appliances (e.g., microwave, toaster oven, hot plate) as well as a food preparation counter and storage cabinets that are of reasonable size in relation to the junior dwelling unit. New additions to an existing residence shall not contain JADUs.
b. A junior accessory dwelling unit shall be no larger than five hundred (500) square feet in size; and no junior accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.
c. A junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-unit dwelling. d. A junior accessory dwelling unit shall have a separate external entrance from the primary dwelling unit. The entrance of a junior accessory dwelling unit shall not be located along any street-facing facade unless infeasible as determined by the Community Development Director.
e. The maximum size of a junior accessory dwelling unit shall maintain a limit in size of five hundred (500) square feet. The single-family unit first floor side and rear setbacks may be reduced to no less than four (4) feet to accommodate access to a ground floor junior accessory dwelling unit, or an exterior stair and landing that provide required access to the unit if it is located on the second story. f. The architectural design, exterior materials and colors, roof pitch and style, type of windows, and trim details of the junior accessory dwelling unit shall be substantially the same as the single-unit dwelling. Junior accessory dwelling units shall satisfy applicable design criteria and conform to any applicable design guidelines. g. Balconies, decks, and open stair landings above the first floor shall not face the side property lines, except as needed to meet minimum requirements to allow ingress and egress, as determined by the Building Official.

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance) h. Junior accessory dwelling units shall not be required to provide for any additional parking and, unlike accessory dwelling units, are required to provide replacement parking for any parking displaced by their construction, including full or partial conversion of an existing garage.
i. Junior accessory dwelling units must be allowed within a single-unit dwelling, including nonconforming single-unit dwellings. A permit to construct a junior accessory dwelling unit in a nonconforming single-unit dwelling shall not require nonconforming conditions to be corrected, unless otherwise required for health and safety.

4. Accessory Dwelling Units (ADUs).
a. Limits on Lot Coverage, Maximum Floor Area (MFA), and Natural State.

Accessory dwelling units shall comply with lot coverage requirements, MFA, and natural state and open space requirements when applicable, as well as other applicable development standards, except that: a maximum of eight hundred (800) square feet of ADU floor area is exempt from the MFA requirement that applies to the RS-6 zoning district; an ADU of up to eight hundred (800) square feet and up to sixteen (16) feet in height, and with minimum four (4) foot side and minimum four (4) foot rear yard setbacks is not required to meet lot coverage standards, MFA and floor area standards, and natural state or open space requirements (which is defined as a “statewide exemption ADU”; front yard setbacks shall not preclude a statewide exemption ADU, and must not unduly constrain the creation of all types of accessory dwelling units.
b. Notwithstanding the development standards set forth in subsection (E)(4)(a) of this section, if there is no alternative to constructing an accessory dwelling unit in accordance with the development standards listed in subsection (E)(4)(a) of this section, one (1) or more of these development standards may be waived only to the extent necessary to allow a statewide exemption ADU of up to eight hundred (800) square feet with a maximum of sixteen (16) feet in height, with minimum four (4) foot side and four (4) foot rear yard setbacks. The proposal must meet all other development standards. The applicant must also demonstrate that an accessory dwelling unit cannot be constructed in accordance with applicable development standards.

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance) c. Entrances. An accessory dwelling unit shall have a separate external entrance from the single-unit dwelling.
d. Setbacks. Except as indicated in this subsection, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located. Detached accessory dwelling units must be set back a minimum of four (4) feet from rear and four (4) feet from the side property lines. Accessory dwelling units that are not classified as statewide exemption ADUs must meet the required front setback unless located within a legal, nonconforming structure. No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure. There is no minimum requirement for setbacks between an accessory dwelling unit and the single-unit dwelling; however, all proposals shall meet any applicable building and fire requirements. Newly constructed attached ADUs shall meet minimum 4’ side and 4’ rear setbacks on the first floor and shall meet the required front setback for the main residence, unless classified as a statewide exemption ADU. Accessory Dwelling Units attached to the main residence, and located on the second floor shall conform to the minimum second floor setbacks for the main residence. On reversed corner lots (as defined in San Carlos Municipal Code 18.41.020), the rear setback for an attached ADU located on the second floor shall be a minimum of 5’. e. Maximum Size. The floor area of an accessory dwelling unit shall not exceed eight hundred fifty (850) square feet for a studio or one (1) bedroom, and shall not exceed one thousand (1,000) square feet for a unit that contains more than one (1) bedroom when the accessory dwelling unit meets all development standards of any applicable zoning districts, except that: conversions of garages, sheds, barns, and other existing accessory structures, either attached or detached from a single-unit dwelling, are not subject to any additional development standard, such as unit size, height, and lot coverage requirements. If the accessory dwelling unit does not meet all development standards of the applicable zoning district, the maximum floor area permitted is eight hundred (800) square feet, regardless of number of bedrooms, subject to the provisions of subsection (E)(4)(b) of this section. No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance) f. Architectural Compatibility. An accessory dwelling unit, whether attached or detached, shall use any combination of the following elements to maintain architectural and design compatibility between the single-unit dwelling and the proposed accessory dwelling unit: architectural style, exterior materials, fenestration (windows and openings), and colors of the existing or proposed single-unit dwelling; however, the quality of the materials shall be the same or exceed that of the single- unit dwelling. Accessory dwelling units shall conform to any applicable objective design guidelines.
g. Balconies and Openings. Balconies, decks or open stair landings above the first floor and within ten (10) feet of a side or rear property line that face the rear or side property line nearest the accessory dwelling unit shall not be permitted, except as needed to allow ingress and egress meet minimum requirements to allow ingress and egress, as determined by the Building Official, but in no case shall be less than 3’ from the property line.

Windows above the first floor and within ten (10) feet of the property line may be required to be obscured or have at least five (5) foot sills depending on the existing and proposed conditions, to the satisfaction of the Director.

Windows within ten (10) feet of the property line shall be obscured and have at least five (5) foot sills to maximize privacy for neighbors.
h. Detached accessory dwelling units shall be no greater than sixteen (16) feet in height as measured in accordance with Section 18.03.050 (Measuring height). i. Accessory dwelling units developed within an existing accessory structure on a lot with a single-unit dwelling may include an expansion of up to one hundred fifty (150) square feet beyond the existing physical structure of the accessory structure only to accommodate ingress and egress if the side and rear setbacks are sufficient for safety. Any other additions to an existing accessory structure shall comply with all other standards in effect including, but not limited to setbacks, height, and lot coverage.

5. Additional Development Standards for Accessory Dwelling Units Located Above Detached Garages. In addition to the standards specified in subsections (E)(4)(a) through (i) of this section, accessory dwelling units that are located over detached garages are subject to the following additional requirements:

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance) a. The accessory dwelling unit must meet the minimum required front setback of the zoning district in which the lot is located, unless it meets the criteria of a statewide exemption ADU.
b. The footprint of the accessory dwelling unit may not extend past the footprint of the garage with the exception of stairs or entryway to access the unit. No portion of the accessory dwelling unit may be located at ground level except for stairs or an entryway to access the unit above the garage.
c. Balconies and decks shall not face rear and side property lines. d. The maximum height of the structure shall be twenty (20) feet as measured in accordance with Section 18.03.050 (Measuring height).
e. Stairs or access to the accessory dwelling unit shall not encroach into any required parking area. Stairs may encroach into the parking area of a garage; provided, that the front end of a standard size automobile can fit under the stair projection. The bottom of the stairwell (including exterior finish) shall be a minimum of five feet above the garage floor.

F. Parking. Parking for a junior accessory dwelling unit and an accessory dwelling unit shall be provided in compliance with the following standards:

1. Except as provided in subsection (F)(3) of this section, one (1) parking space shall be provided per accessory dwelling unit. Accessory dwelling unit parking requirements are in addition to the parking required for the single-unit dwelling as provided in Chapter 18.20.

2. Parking spaces may be provided as tandem parking on a driveway or in setback areas unless the Community Development Director finds that tandem parking and parking in setback areas are not feasible because of specific topographical conditions and/or other conditions that would pose a risk to health and safety. No parking may extend into a public sidewalk or right-of-way that would require walking into the street. A minimum of eight and one-half (8.5) feet in width and eighteen (18) feet in depth is required for any uncovered parking space.

3. No parking shall be required for an accessory dwelling unit if any of the following apply:

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance) a. The accessory dwelling unit is contained within an existing single-unit dwelling or accessory structure, or proposed single-unit dwelling.
b. The accessory dwelling unit is located within one-half (.50) mile walking distance of public transit. For purposes of this section, “public transit” means a bus stop or train station where public transportation runs on fixed routes. c. The accessory dwelling unit is located within an architecturally and historically significant district.
d. Where on-street parking permits are required but not offered to the occupants of the accessory dwelling unit.
e. When a designated parking area for one (1) or more car-share vehicles is located within one (1) block of the accessory dwelling unit. f. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the parking spaces for the primary residence need not be replaced.

4. Junior accessory dwelling units shall not be required to provide for any additional parking, except that any parking displaced by their construction, including full or partial conversion of an existing garage, shall be replaced.

G. Utilities and Impact Fees.

1. No junior accessory dwelling unit or accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.

2. Except as provided in subsection (G)(3) of this section, an accessory dwelling unit may be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the accessory dwelling unit.

3. The following accessory dwelling units shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges:

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance) a. Junior accessory dwelling units.
b. Standard accessory dwelling units converted from interior space unless the unit is constructed within a new single-unit dwelling.

4. All utility extensions shall be placed underground if required for the single-unit dwelling.

5. Impact Fees.
a. No impact fees may be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than seven hundred fifty (750) square feet in size. For purposes of this section, “impact fees” includes the fees specified in Sections 66000 and 66477 of the Government Code, but does not include utility connection fees or capacity charges.
b. For accessory dwelling units that have a floor area of seven hundred fifty (750) square feet or more, impact fees shall be charged proportionately in relation to the square footage of the single-unit dwelling.

H. Delay of Enforcement of Building Standards.

1. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before November 25, 2020, may submit an application to the Building Official requesting that correction of any violation of building standards be delayed for five (5) years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.

2. The Building Official shall grant the application if the Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Community Development Director shall consult with the Fire Marshal and Building Official.

3. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the City of San Carlos before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance)

4. Until January 1, 2030, any notice to correct a violation of building standards that is issued to the owner of an accessory dwelling unit built before November 25, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

5. This section shall remain in effect until January 1, 2035, and as of that date is repealed. (Ord. 1566 (Exh. A), 2020: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh.

A (part)), 2011)

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Attachment: Proposed Changes to Municipal Code Section 18.23.210 (ADU Ordinance)

CITY COUNCIL

STAFF REPORT

MEETING DATE: May 9, 2022

ITEM TITLE: Consideration of Adopting a Resolution Approving the Plans and Specifications and Authorizing a Call for Bids for the Installation of New Sports Field Lighting at Flanagan and Stadium Fields, Project C1818.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution to approve the plans and specifications and authoriz e a call for bids for the Installation of New Sports Field Lighting at Flanagan and Stadium Fields Project C1818.

FISCAL IMPLICATIONS:

The Installation of New Sports Field Lighting at Flanagan and Stadium Fields Project (“Project”) is funded by C1818, with an available project budget of $1,400,000 that w as approved by the City Council as part of the Fiscal Year (“FY”) 2021-23 biennial budget.

Additional funding in the amount of $ 600,000 was approved as part of the mid -cycle budget adjustments on March 28, 2022, increasing the t otal project funding for construction to $2,000,000 for FY 2022-23.

Based on th e engineer’s estimate, there is sufficient budget to award the base bid for the Project with contingency. In the event the budget exceed s the available amount, staff will request the additional funding when the Project is presented to the City Council for award.

BACKGROUND:

In November 2016, staff provided a report to the City Council discussing the surge in demand for field space due to increased participation and expanded programming. In early 2017, staff recommended that the City move forward with the Environmental Impact Report ( “EIR”) pursuant to California Environmental Quality Act ( “CEQA”) Guidelines for additional lighting at Burton and Highlands Parks in order to increase the availability of the fields and accommodate the surge in demand.

In Nov ember 2018, the City Council certified the EIR for the Burton and Highlands Parks projects and approved the findings and mitigation measures.

During the FY 2018 -20 budget process, staff recommended that the project be phased and separated into two projects. The first phase would include upgrades to existing lighting and the

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2 second phase would include installation of new lighting.

Funding for the first phase was budgeted in FY 2019 -20 and construction was completed in early 2020. Funding for the second phase is budgeted for FY 2022 -23, and construction is anticipated to begin this summer 2022.

In September 2021, staff entered into a professional services agreement with Salas O’Brien to prepare the construction documents for the Project.

During preparation of the construction documents, Salas O’Brien determined there were minor modifications needed for both fields for safety of play and constructability that differ ed from the certified EIR. For Flanagan Field at Burton Park, two of the proposed locations for the poles and fixtures were found to be infeasible and moved south , away from the existing building, and lighting was added around the new batting cages. For Stadium Field at Highlands Park, there was minor relocation of the fixtures and poles on th e west si de of the field to reduce light spillover. In addition, five pedestrian scale pathway poles and fixtures were added for lighting the existing path around the field, and lighting was added around the existing batting cages.

Staff retained LSA to review and determine if these minor modifications required additional analysis or study since they differed from the certified EIR pursuant to CEQA Guidelines. LSA concluded that these minor modifications d id not result in a change of use or intensity of u se of either field. Additionally, LSA concluded that the increase in lighting emitted by the additional fixtures would be similar to what was previously considered in the certified EIR. Therefore, no further analysis is required, and the final bid set construction documents were prepared with the aforementioned modifications.

ANALYSIS:

The final bid set construction documents were prepared on April 13, 2022 and the City Engineer signed the documents on April 14, 2022. The tentative bid opening date is June 6, 2022 and the tentative date to award the construction contract for the Project is June 27, 2022.

Staff recommends approving the plans and specifications and authorizing a call for bids for the Project.

ALTERNATIVES:

Options available to the City Council include:

1. Adopt a Resolution approving the plans and specifications and authorizing a call for bids for the Project; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

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3 Respectfully submitted by:

Amy Newby,
Parks & Recreation Director

Steven Machida, Public Works Director

Approved for submission by:

_________________________
Jeff Maltbie, City Manager

ATTACHMENT(S):

1. Resolution

2. Plans and Specification Sports Field Lighting Phase 2

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RESOLUTION NO. 2022 –_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS

APPROVING THE PLANS AND SPECIFICATIONS AND AUTHORIZING A CALL FOR BIDS

FOR THE INSTALLATION OF NEW SPORTS FIELD LIGHTING AT FLANAGAN AND STADIUM FIELDS, PROJECT C1818.

WHEREAS, in early 2017, staff recommended the City hire LSA Associates, Inc. (“LSA”) to conduct an Environmental Impact Report (“EIR”) for additional lighting at Burton and Highlands Parks; and

WHEREAS, the EIR examined both replacement of exi sting lights at Madsen Field, Highlands Rotary, and Kiwanis Fields, as well as new lights at Flanagan Field and Stadium Field at Burton and Highlands Park, respectively; and

WHEREAS, in November 2018, City Council certified the EIR for the Burton and Highlands Parks projects and approved the findings and mitigation measures; and

WHEREAS, during the Fiscal Year (“FY”) 2018-20 budget process, staff recommended phasing the project into two separate projects whereby one project would upgrade the existing sports field lighting and the second project would install new sports field lighting; and

WHEREAS, funding for Installation of New Sports Field Lighting at Flanagan and Stadium Fields Project C1818 ( “Project’) is budgeted for FY 2022 -23 and construction is anticipated to begin in the summer 2022; and

WHEREAS, in September 2021, staff entered into a professional services agreement with Salas O’Brien to prepare the construction documents for the Project; and

WHEREAS, during the preparation of the construction documents, Salas O’Brien determined there were minor modifications needed for both Burton and Highlands Parks for safety of play and constructability that differed from the certified EIR; and

WHEREAS, for Flanagan Field at Burton Park, two of the proposed locations for the poles and fixtures were found infeasible and moved south away from the existing building and lighting was added around the new batting cages; and

WHEREAS, for Stadium Field at Highlands Park, there was minor relocation of the fixtures and poles on the west side of the field to reduce spill , five pedestrian scale pathway poles and fixtures were added for lighting the existing path around the field, and lighting was added around the existing batting cages; and

WHEREAS, staff retained LSA to review and determine if these minor modifications differed enough from the certified EIR to require additional analysis or study pursuant to CEQA guidelines; and

WHEREAS, LSA concluded that these minor modifications d o not result in a change o f use or intensity of use at either field; and

WHEREAS, LSA concluded that the increase in lighting emitted by the additional fixtures

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would be similar to what was previously considered in the certified EIR; and

WHEREAS, no further analysis is required and the final bid set construction documents were prepared with the aforementioned modifications; and

WHEREAS, the final bid set construction documents were prepared on April 13, 2022 and the City Engineer signed on April 14, 2022.

NOW, THEREFORE BE IT RESOLVED , that the San Carlos City Council hereby approves the plans and specifications and authorizes a call for bids for the Project.

* * * * *

_________________________________
CITY CLERK of the City of San Carlos

APPROVED:

__________________________________
MAYOR of the City of San Carlos

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA
Public Works Department
600 Elm Street
San Carlos, CA 94070
Contract Documents
For the
"Sports Field Lighting Burton &
Highlands Parks - Phase 2”
CITY PROJECT NO: C1818
BID PROPOSAL DUE: June 6, 2022 at 12:00 p.m.

BID OPENING: June 6, 2022 at 03:00 p.m.

BID SET

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4/14/2022

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TABLE OF CONTENTS

A. INTRODUCTORY PAGES
Title Page No.

Cover Page i
Design Certifications ii
Table of Contents iii
Notice Inviting Sealed Proposals v
Instructions to Bidders vii
Schedule of Required Bid Documents and Agreement Forms ix

B. BID PROPOSAL

Bid Proposal Cover Page P-1
Bid Proposal Table of Contents P-2
Bid Proposal P-3
Bidding Requirements P-4
Bid Schedule P-6
Designation of Subcontractors P-8
Department of Industrial Relations Registration Requirement P-8 Certifications and Affidavits
Non-Collusion Affidavit P-9
Bidder’s Qualifications P-10
Bidder’s References P-11
Signature Pages P-12
Bidder’s Bond P-14

C. AGREEMENT AND AGREEMENT FORMS

Agreement and Agreement Forms Table of Contents A-1
Construction Agreement A-2
Exhibit A – Contractor’s Bid Proposal A-10
Exhibit B – Insurance Coverage Form A-11
Resolution of Construction Claims A-13
Agreement Forms
Payment Bond A-14
Performance Bond A-16
Workers Compensation Certification A-18
Certification of Safety Requirements for Contractors and Vendors A-19 Drug-Free Workplace Certification A-20
Escrow Agreement for Security Deposits in Lieu of Retention (Optional) A-21 Guarantee A-23

D. GENERAL PROVISIONS

Section 1 Terms and Definitions GP-1
Section 2 Proposal Requirements and Conditions GP-6
Section 3 Review of Bids, Contract Award and Execution GP-9 Section 4 Scope and Control of the Work GP-14
Section 5 Changes of Work GP-21
Section 6 Control of Materials GP-25
Section 7 Utilities GP-28
Section 8 Prosecution and Progress GP-31
Section 9 Responsibilities of the Contractor GP-40
Section 10 Measurement and Payment GP-55
Section 11 Guarantee GP-61

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E. SPECIAL PROVISIONS
S
ection 1 Description of Work SP-3
Section 2 Location SP-3
Section 3 Days and Hours of Operation SP-3
Section 4 Time of Completion and Liquidated Damages SP-3 Section 5 Licenses SP-3
Section 6 Encroachment Permit SP-4
Section 7 Staging / Construction Area SP-4
Section 8 City Furnished Materials SP-4
Section 9 Water and Power SP-4
Section 10 Owner / Contractor Meetings SP-5
Section 11 Notification or Residents and Merchants SP-5 Section 12 Storm Water Pollution Prevention SP-6
Section 13 Haul Routes SP-6
Section 14 Traffic Control SP-6
Section 15 Construction Schedule SP-6
Section 16 Submittals SP-6
Section 17 Street Sweeping SP-6
Section 18 Ground Protection Mats SP-6
F. TECHNICAL PROVISIONS
03 30 00 Cast-In-Place Concrete
03 35 23 Exposed Aggregate Concrete Finishing
26 05 05 Selective Demolition for Electrical
26 05 10 Electrical General Provisions
26 05 12 Basic Material and Methods
26 24 13 Switchboards
26 50 00 Sports Field Lighting – Burton Park
26 56 01 Sports Field Lighting – Highlands Park
33 71 19 Underground Electrical Structures
G. APPENDICES
Appendix A
Appendix B
Appendix C
Appendix D
Daily Work Report
Geotechnical Reports for Burton and Highlands Parks
Structural Reports for Burton and Highlands Parks
Structural Report (Equipment Pad) for Burton Park

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

NOTICE INVITING SEALED PROPOSALS
NOTICE IS HEREBY GIVEN that sealed proposals or bids will be publicly opened, examined and shall be announced no later than June 6, 2022 at the hour of 03:00 p.m. by the City Clerk of the City of San Carlos via ZOOM conference for the "Sports Field Lighting Burton & Highlands Parks - Phase 2, No. C1818”.

Sealed bid proposals shall be received in hand by the City Clerk before 12:00 p.m. on June 6, 2022, which is different from the ZOOM bid opening time. Note - if City Hall doors are locked during business hours, please call the delivery number posted on the doors for staff to receive the bid. No Pre -Bid meeting has been scheduled for this project.

A Class B and/or Class C10, Contractor’s License is required for this work. Work will be done and payments will be made in accordance with provisions more particularly described in the plans and specifications.

The s cope of work generally includes the trenching and installation of sports field lighting, service distribution equipment, conduits, boxes, and the surface restoration of existing improvements. Bids are required for the entire work described herein in accordance with the instructions to bidders. The Engineer’s Estimate is between $1,500,000 to $1,600,000. .

Bids must be accompanied by a Proposal guarantee amounting to ten (10%) percent of the bid as described in the specifications. Said guarantee shall be forfeited to the City in case the bidder depositing the same does not, within fifteen days after written notice that the contract has been awarded to him (1) enter into a contract with the City and (2) furnish Performance and Payment Bonds as described in the specifications.

The City Council reserves the privilege of rejecting any and all proposals or to waive any irregularities or informalities in any proposals or in the bidding. No bidder may withdraw his proposal for a period of ninety (90) calendar days after the date set for opening of proposals.

As a “Public Works” project and pursuant to Section 1773 of the Labor Code, the general prevailing wage rates for San Mateo County shall apply to this contract, as determined by the Director of the California Department of Industrial Relations.

Plans and specifications, forms of proposals, bonds and contracts may be inspected or obtained from ARC Document Solutions at 829 Cherry Ln, San Carlos, CA 94070, (650) 631- 2310; email at sancarlos@e- arc.com; or v
isit the City of San Carlos Website at www.cityofsancarlos.org . Bidders must register with ARC Document Solutions to obtain further information.

Bidders are directed to the Instructions for Bidders for additional contract requirements.

Dated: _____________________ /s/ CRYSTAL MUI
Cit y Clerk
_____________________

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA
I

NSTRUCTIONS TO BIDDERS

1. Proposal Requirements: Bidder's attention is directed to the General Provisions of these Specifications for the requirements and conditions which must be adhered to in the preparation of the proposal form and submission of this proposal.

2. Receipt of Bids and Bid Opening: Proposals shall be received at the office of the City Clerk, 600 Elm Street, San Carlos, CA 94070, not later than the bid deadline described in the Notice Inviting Sealed Proposals. Proposals shall be submitted in a sealed envelope, plainly marked on the outside "Sports Field Lighting Burton & Highlands Parks - Phase 2, No. C1818”.

All sealed bid proposals will be opened at 3:00 p.m. on Monday, June 6, 2022 via video conference using ZOOM. The following login can be used to take part in the bid opening:

URL: https://us02web.zoom.us/j/81102544452
Meeting ID: 811 0254 4452
To participate via audio only, call into the meeting by dialing (669) 900-9128 and entering the Meeting ID indicated above.

Sealed bids and proposal forms will be examined and declared on the same day by the City Clerk.

3. Time of Completion and Liquidated Damages: All work shall be diligently prosecuted to completion before the expiration of One Hundred Fifty (150) Calendar Days from the dat
e of receipt of the “Notice to Proceed”. If the Contractor fails to complete the work within the above-specified time limit, the Contractor shall pay liquidated damages to the City, computed at the rate of Five Hundred Dollars ($500) for each calendar day beyond the specified time limit until the project is completed. See the Special Provisions for additional time of completion milestone requirements.

4. Bid Security: Pursuant to California Public Contract Code Section 20170, each proposal shall be accompanied by a bid security in the form of cash, cashier’s or certified check, or bidder’s bond made payable to the “City of San Carlos” for an amount equal to at least ten percent (10%) of the Bid Amount and no bid shall be considered unless such security i s enc
losed therewith.

5. Bid Guarantee: No bid shall be withdrawn except as provided for pursuant to Public Contract Code Section 5103, and the bidder shall guarantee the Total Bid Price for a period of ninety (90) calendar days from the date of the bid opening.

6. Contractor’s License: Bidders are to be licensed in accordance with the provisions of the “Contractor’s License Law,” Chapter 9 of Division 3 of the State Business and Professions Code. In addition, at the time of submitting the bid, bidder must have the following classification of contractor’s license: Class B, Contractor’s License.

7. Additional Registration and Licensing Requirements : In accordance with Labor Code Section 1725.5, Contractor and all Subcontractors shall be registered with the California

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Department of Industrial Relations (DIR) as a condition of being listed on the proposal form. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. Contractor and all Subcontractors shall also obtain a City business license prior to the work being performed.

8. P revailing Wage: The work contemplated by this contract is a “public work” subject to prevailing wages under California Labor Code Section 1770 et. seq. The successful bidder will be required to pay not less than the prevailing rate of per diem wages as determined by the California Department of Industrial Relations or Federal Minimum Wage Rates as determined by the United States Secretary of Labor in effect on the date the work is performed.

9. Bonds and Insurance: All contractors are required to furnish to the City faithful performance, labor and materials, and 2-year warranty bonds and insurance, as required i
n the specifications.

10. S ecurity Substitution: Pursuant to California Public Contract Code Section 22300, and at the request and expense of the Contractor to whom the Contract is awarded, securities of a value equivalent to the retention amount, in a form approved by the City, shall be permitted in substitution for money withheld by the City to ensure performance under the Contract.

11. P re-Bid Conference: There is no pre-bid conference scheduled for this Project.

12. R equests for Clarification and Project Communication: In the event the bidder has any questions as to the meaning of any part of the plans and specifications, or if the bidder finds any error, inconsistency, or ambiguity in the Contract Documents, the bidder shall make a written request for clarification prior to submitting its bid. All questions and comments regarding the plans and specifications should be directed to the Project Manager indicated below and will only be responded to if received in writing at least five (5)
w
orking days before the bid opening. Questions received after this time and date may not be addressed.

Cit
y of San Carlos – Public Works Department
600 Elm Street, San Carlos, CA 94070
Attention: Vatsal Patel, Senior Engineer
[email protected]
Telephone: (650) 802-4202
Fax: (650) 595-6704

13. These “Instructions to Bidders” are hereby made a part of the Contract Documents.

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SCHEDULE OF REQUIRED

BID DOCUMENTS AND AGREEMENT FORMS
Submit with Bid Proposal - The following documents must be completed, signed and submitted as part of the Bid Proposal, prior to the bid opening:

Completed Bid Proposal consisting of:

A. Bid Schedule
B. Designation of Subcontractors
C. Certifications and Affidavits:

1. Non- Collusion Affidavit

2. Bidder’s Qualifications

3. Bidder’s References

4. Bidder’s Personnel
D. Signature Pages
E. Bid Guarantee (Bid Bond attached)
F. Addendum, if any (not attached) – signature page to be signed and submitted by
bidder.

Submit Prior to Notice to Proceed -The following documents must be completed, signed and submitted after approval and award of the Contract, prior to the Notice to Proceed:

A
. Agreement
B. Payment Bond
C. Performance Bond
D. Insurance Endorsements

1. General Liability

2. Automobile Liability

3. W
orker’s Compensation
E
. Certifications

1. Workers Compensation

2. S
afety Requirements for Contractors and Vendors

3. Drug-Free Workplace
Submit Prior to Final Acceptance - The following documents must be completed, signed and submitted prior to final acceptance:

A
. Guarantee
B
. Stop Notice Releases, if any (form not included)
C. Record Drawings

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-1 City Project No. C1818

CITY OF SAN CARLOS

PUBLIC WORKS DEPARTMENT
600 Elm Street
San Carlos, CA 94070

BID PROPOSAL

FOR:

" Sports Field Lighting Burton & Highlands Parks - Phase 2” City Project No. C1818

CITY OF SAN CARLOS, COUNTY OF SAN MATEO

STATE OF CALIFORNIA

NOTE: All portions of all pages included within this section, and acknowledgement of receipt of any issued addenda must be properly completed, signed, and submitted with the bid. Failure to do so may result in the bid being deemed non-responsive by the City.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-2 City Project No. C1818

BID PROPOSAL

TABLE OF CONTENTS

Bid Proposal Cover Page .................................................................................... P-1 Bid Proposal Table of Contents .......................................................................... P-2

BID PROPOSAL PAGES TO BE SUBMITTED WITH BID:

Bid Proposal ....................................................................................................... P-3 Bidding Requirements ........................................................................................ P-4 Bid Schedule ...................................................................................................... P-6 Designation of Subcontractors ............................................................................ P-8 Department of Industrial Relations Registration Requirement ............................. P-8 Certifications and Affidavits
Non-Collusion Affidavit ................................................................................. P-9 Bidder’s Qualifications .................................................................................. P-10 Bidder’s References ...................................................................................... P-11 Signature Pages ................................................................................................. P-12 Bid Bond ............................................................................................................ P-14

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-3 City Project No. C1818

BID PROPOSAL

" Sports Field Lighting Burton & Highlands Parks - Phase 2”

CITY PROJECT NO. C1818

Bid To: Honorable Mayor and City Council
City of San Carlos, City Hall
San Carlos, CA 94070

Bid From:

Bidder’s Company Name:

Contact Person:

Business Street Address:

City, State, Zip Code:

Phone No.: ( )

E-mail: __ __________________

Contractor License No.:

Contractor License Expiration Date: ____

Dear Mayor and Members of the City Council:

I, as bidder, declare that I have satisfied myself as to the actual conditions and requirements of the work by careful examination of the location of the proposed work, by examination of the plans and specifications including the Instructions to Bidders, and by other measures, and that after submission of the bid, I will not dispute, complain or assert that there was any misunderstanding in regards to the nature or amount of work to be done.

I hereby certify that only those parties interested in this proposal as principals are named in this proposal and that this bid is genuine, and not sham, collusion, or made in the interest or in behalf of any person not named. I have not directly or indirectly induced or solicited any other bidder, person, firm or corporation to put in a sham bid, or refrain from bidding, and have not in any manner sought by collusion to secure for myself an advantage over any other bidder.

I agree that if this pro posal is accepted, I will contract with the City of San Carlos in the form of agreement proposed, will provide all bonds and insurance certificates as required by the agreement and will furnish all equipment and materials and perform all the labor required to complete the work in accordance with the plans, specifications and other contract documents, for the unit or lump sum prices set forth in the Bid Schedule.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-4 City Project No. C1818
I have carefully checked all of the figures in the Bid Schedule and understand that the City shall not be responsible for any errors or omissions on my part in making up this bid. I agree that this bid may not be withdrawn for a period of ninety (90) calendar days from the date of the bid opening and that the City reserves the right to reject any or all bids, waive any informality in bids received, and may at its option make the award that in the judgment of the City is to the best interest of the City.

BIDDING REQUIREMENTS

The work to be done and referred to here is in the City of San Carlos, County of San Mateo, State of California, and shall be constructed in accordance with all provisions of the project specifications and project plans including: any addenda; the Instructions to Bidders, the Agreement; the Standard Specifications and Standard Plans of the California Department of Transportation, current edition; the Labor Surcharge and Equipment Rental Rates; and payment of not less than the higher of the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations or Federal minimum wage rate as predetermined by the United States Secretary of Labor in effect on the date the work is performed.

For each of the various contract items of work designated on the Bid Schedule, the bidder shall set forth a unit or lump sum price which the bidder shall then use to calculate and designate a total cost for each item of work based upon the designated estimate of the quantities of work to be done, all in clearly legible figures in the respective spaces of the Bid Schedule provided for this purpose.

The bidder shall include in the unit or lump sum prices paid for the various contract items of work full compensation for conforming to the requirements of the Contract Documents and for completing all of the work required. No additional compensation shall be granted for any additional items unless categorized and approved as extra work under the terms of the agreement.

The estimate of construction quantities set forth in the Bid Schedule is approximate only, being given only as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond with those estimated quantities. The City reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer. There shall be no claim for damage or loss of anticipated profit for any bid item omitted in its entirety, and payment will only be made on the basis of actual quantities of work performed.

If the City accepts this proposal and the bidder fails to enter into the contract and/or fails to furnish bonds as required by the specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from the City that the contract has been awarded, the City may, at its option, determine that the bidder has breached and abandoned the contract, and thereupon, the bid security accompanying this proposal shall be forfeited and become the property of the City.

The Notice to Proceed will not be issued until after the contract has been fully executed. The contractor shall commence the work under the contract within ten (10) days following the date of the Notice to Proceed, or as otherwise specified in the project specifications or negotiated with the City, and shall diligently prosecute the project to completion within the time specified. The contract completion period is inclusive of the time needed for material delivery.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-5 City Project No. C1818

Bidder shall comply with the requirements of the California Labor Code, including sections 1770 et seq., and pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party upon request. The Contractor shall post a copy of such determination at the job site.

As required by Section 6705 of the California Labor Code and in addition thereto, f or any excavation of any trench or trenches five feet (5’) or more in depth, the Contractor shall submit to the Engineer for acceptance, a detailed plan showing the desig n of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effectiv e than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.

In accordance with the provisions of Section 1860 of the Labor Code, prior to performing work on the Contract, each Contractor to whom a public works contract is awarded shall sign and file with the City the Worker’s Compensation Certification included in the “Agreement and Agreement Forms” section of these specifications.

Bidder’s attention is directed to Section 2 of the General Provisions for additional information and requirements pertaining to the submission of a bid, and which is incorporated here by reference.

Bidder’s attention is directed to Section 2.13, “Required Contractor and Subcontractor Registration,” of the General Provision. All contractors shall register with the Department of Industrial Relations according to Labor Code Section 1725.5.

Any protest of the proposed contract award must be submitted in writing to the City no later than 5:00 p.m. on the fifth business day following the date of the bid opening. Bidder is directed to the “Bid Protest Procedure” Section of the General Provisions for additional information.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-6 City Project No. C1818

BID SCHEDULE

Bids are to be submitted for the entire work. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or royalties are included in the prices quoted in the bid.

In the case of a discrepancy between the product of the “Estimated Quantity” and the “Unit Price” with the “Item Total”, the product of the “Estimated Quantity” and the “Unit Price” shall prevail and the figure shown as the “Item Total” shall be adjusted accordingly, except as provided in cases involving (a) or (b) below:

(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount entered in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;

(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the item t otal, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage -wise the unit price or item total in the Engineer’s Estimate.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.

In the case of a discrepancy between the sum of the figures in the item total column (adjusted per the previous paragraphs, if necessary) and the amount set forth as the total base bid amount, the sum of the figures in the item total column shall prevail and the amount shown as the total base bid amount shall be adjusted accordingly.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-7 City Project No. C1818
BASE BID ITEMS ARE AS FOLLOWS:

"Sports Field Lighting Burton & Highlands Parks - Phase 2”

PROJECT NO. C1818

Item
No.

Item
Description
Estimated
Quantity

Unit
Unit
Price
Item
Total
1 Mobilization, Punchlist, &
Cleaning 1 LS
$

$
2 Traffic Control and Construction
Area Signs 1 LS
$

$
3 Site Demolition – Burton 1 LS
$

$
4 Site Demolition – Highlands 1 LS
$

$
5 Excavation & Trenching – Burton 1 LS
$

$
6 Excavation & Trenching –
Highlands 1 LS
$

$
7 Electrical Switchgear – Burton 1 LS
$

$
8 Sports Lighting – Materials &
Labor – Burton 1 LS
$

$
9 Sports Lighting – Materials &
Labor – Highlands 1 LS
$

$
Total Base Bid Amount: $___________________

Notes:

1. The Contract will be compared and awarded on the basis of the Base Bid Amount.

2. All items on the Base Bid Schedule must be bid. Partial bids will not be accepted.

3. The City reserves the right to reject all bids for any reason whatsoever.

4. Issu ance of the “Notice to Proceed” will constitute the beginning of the Contract.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-8 City Project No. C1818

DESIGNATION OF SUBCONTRACTORS

The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with the Contractor’s own employees and equipment, owned or rented, with or without operators.

In accordance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code sections 4100 et seq. (the “Subcontracting Act”), the Bidder hereby certifies and submits, as required by law, the following concerning subcontractors:

1. The portion of the work, which will be done by each such subcontractor; and

2. The name and location of the place of business of each subcontractor who will perform work or labor, fabricate a portion of the work or improvement according to detailed drawings in the project plans, or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (0.5%) of the Contractor’s total bid.

Portion of Work to be
Performed by Subcontractor

Subcontractor Name,
Address and License Number
(License No. Required under AB 44)
Registered
with DIR?
 check if yes

1. 2.

3. 4.

5. 6.

7. (For additional Subcontractors, attach copies of this sheet as necessary) NOTE: T HIS CERTIFICATE MUST BE COMPLETED AND RETURNED ALONG WITH THE CONTRACTOR’S BID PROPOSAL.

 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENT In accordance with Labor Code Section 1725.5, all contractors and subcontractors listed on a public works bid proposal must be registered with the DIR.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-9 City Project No. C1818

NON-COLLUSION AFFIDAVIT
Title 23 United States Code Section 112 and
Public Contract Code Section 7106

State of California )
) ss.

County of _______________ )

(name of person signing affidavit), being first duly
sworn, deposes and says under penalty of perjury under the laws of the State of California, that he or she has the right, power, legal capacity, and authority to execute this Affidavit as (sole owner, partner, president, secretary, etc) of
(legal name of Bidder), the Bidder, that the
Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in any false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that 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, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles and signature.

(Signature of Representative of Bidder)

Subscribed and sworn to before me, a Notary Public in and for the State of California,

County of _____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________

My Commission expires __________________, 20_____ (Seal)

NOTE: T HIS AFFIDAVIT MUST BE COMPLETED AND RETURNED AS PART OF THE CONTRACTOR’S BID PROPOSAL.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-10 City Project No. C1818
BIDDER’S QUALIFICATIONS

The following statements as to the financial qualifications and experience of the Bidder are submitted as a part of this Bid and the Bidder guarantees the truthfulness and accuracy of the information. Pursuant to Public Contract Code 10165, financial statements and experience questionnaires are not public records and are not open to public inspection.

Financial Data
Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder.

NAME OF BANK ADDRESS

Experience Data
The Bidder has been engaged in the contracting business, under the present business name for ________ years. Experience in work of a nature similar to that covered in this Bid extends over a period of __________ years.

The Bidder as a Contractor has never failed to satisfactorily complete a contract awarded to him, except as follows: (Name all exceptions and reasons therefore):

Bidder’s Personnel
The following is a list of key personnel including an listing of the person’s knowledge, ability or trade along with a brief description of their experience. If Bidder is awarded the Contract, it is understood that the work will be directed and actively supervised by one of these persons.

List of Personnel Knowledge/Skills Experience

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-11 City Project No. C1818

BIDDER’S REFERENCE

List three (3) major projects which the Bidder has performed comparable work within the last three (3) years. Provide a contact person and description of the project, or other such information that will demonstrate the ability to vigorously prosecute the work.

1. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

2. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

3. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-12 City Project No. C1818

SIGNATURE PAGES

The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The bidder states that he has inspected the site of the propose work in order to satisfy himself, by personal examination, or by such other means as he prefers, of the location of the proposed work and as to the actual conditions of and at the work site. The bidder hereby offers to furnish all labor, materials, equipment, transportation, and services necessary to complete the work on this project in accordance with the Contract Documents and to complete all requirements of the Contract Documents for the sums quoted in this Bid.

Addenda:
(if any) bidder has received and examined all addenda issued during the bid period and agrees that all addenda shall be made a part of the Contract Documents. The bidder acknowledges receipt and incorporation of all impacts resulting from all addenda issued by inserting the number of each addendum below OR by signing and submitting with the bid proposal the signature page from each addendum.

Addendum Nos. _____, _____, _____, _____, _____, _____, _____, _____

Bidder’s Guarantee:

In accordance with Public Contract Code Section 20170, accompanying this Bid is _______________ (insert the word “Cash”, “Cashier’s Check”, “Certified Check” or “Bidder’s Bond” as the case may be) made payable to the City of San Carlos in the amount of ___________________________________________________($_______________) equal to at least ten percent (10%) of the total amount of this bid. This amount is given as a guarantee that, in case the undersigned defaults in executing a contract and/or furnishing the necessary bonds after contract award, the said guarantee and the money payable thereon shall become and remain the property of the City as liquidated damages.

Company Profile:

The names of all persons interested in the foregoing bid as principals are as follows:
(Note: If bidder or other interested person is a corporation, state the legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if partnership, state true name of firm, also names of all individual partners composing firm; if bidder or other interested person is an individual, state first and last name in full).

Firm Name:

Business Address:

Names and Titles of Company Officers:

1. 2.

3. 4.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-13 City Project No. C1818
Proposal Execution:

IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles, and signatures. The representations made herein, including but not limited to the above contractor’s license, expiration date and name of bidder, are true and correct, shall be complied with and are made under penalty of perjury.

IF SOLE OWNER, sign here:

I sign as sole owner of the business named above.___________________________

Social Security Number:_________________________________________________

Employer Identification Number:___________________________________________

IF PARTNERSHIP, sign here:

The undersigned certify that we are partners in the business named above and that we sign this contract proposal with full authority to do so. (one or more partners sign)

______________________________________________________________________

Federal Tax Identification No. (EIN):_________________________________________

State Tax Identification No.:_______________________________________________

IF CORPORATION, execute here:

The undersigned certify that they sign this contract proposal with full and proper authorization to do so.

Corporate name _________________________________________________________

By_____________________________________ (Title) _________________________

Incorporated under the laws of the State of ___________________________________

Federal Tax Identification No. (EIN):_________________________________________

State Tax Identification No.:_______________________________________________

Subscribed and sworn to before me, a Notary Public in and for the State of California,

County of _____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________

My Commission expires __________________, 20_____ (Seal)

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-14 City Project No. C1818
BIDDER’S BOND

To Accompany Contract Proposal
KNOW ALL PERSONS BY THESE PRESENTS:

That we, the undersigned _________________________________________, as principal and

__________________________________, as surety, are held and firmly bound unto the City of San Carlos as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the bid of the principal, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to OWNER a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for the Sports Field Lighting Burton & Highlands Parks - Phase 2, No. C1818 .

NOW, THEREFORE
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BIDS including all required bonds for faithful performance and labor and material, as well as all required evidence of insurance) then this obligation shall be void, otherwise the same shall remain in force and effect.

In the event the City brings suit upon this Bond, surety shall pay reasonable attorney’s fees and costs incurred by the City in such suit.

The Surety, for value received, stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the City of San Carlos may accept such BID; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, this day and year first set forth.

By: (L.S.) By:
(Principal) (Seal) (Surety) (Seal)

Subscribed and sworn to before me, a Notary Public in and for the State of California, County of

_____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________ (Seal)

My Commission expires __________________, 20_____

IMPORTANT: Surety companies executing BONDS must be authorized to transact Surety insurance in the State of California. If Contractor is Partnership, all partners should execute BOND.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page P-15 City Project No. C1818

This Page Intentionally Left Blank

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-1 City Project No. C1818

AGREEMENT AND AGREEMENT FORMS

TABLE OF CONTENTS

Construction Agreement ........................................................................................... A-2 Exhibit A: Contractor’s Bid Proposal ....................................................................... A-10 Exhibit B: Insurance Coverage Form ……………………………………………………. A-11 Resolution of Construction Claims ............................................................................ A-12 Agreement Forms
Payment Bond .............................................................................................. A-14 Performance Bond ........................................................................................ A-16 Workers Compensation Certification ............................................................ A-18 Certification of Safety Requirements for Contractors and Vendors ................ A-19 Drug Free Workplace Certification ................................................................ A-20 Escrow Agreement for Security Deposits in Lieu of Retention (Optional) ...... A-21 Guarantee ..................................................................................................... A-23

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-2 City Project No. C1818

AGREEMENT FOR PUBLIC PROJECTS

This Agreement is made and entered into as of __________________ by and between the City of San Carlos hereinafter called "CITY" and ____________________ hereinafter called "CONTRACTOR.”

RECITALS

This Agreement is entered into with reference to the following facts and circumstances:

A. That CITY desires to engage CONTRACTOR to provide a product and/or services to the CITY;

B. That CONTRACTOR is qualified to provide the product and/or services to the CITY and;

THEREFORE, the CITY has elected to engage CONTRACTOR upon the terms and conditions as hereinafter set forth.

1. Services. The services to be performed by CONTRACTOR under this Agreement are described i n Exhibit A , the CONTRACTOR’S bid proposal which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the services specified in said Exhibit is hereby made an obligation of CONTRACTOR u nder this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by CONTRACTOR, whichever date shall first occur. (b) Notwithstanding the provisions of (a) above, CITY may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. CITY shall compensate CONTRACTOR for any product delivered and/or for services rendered, and reimburse CONTRACTOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

3. Compensation; Expenses; Payment. CITY shall compensate CONTRACTOR for all products supplied or services performed by CONTRACTOR hereunder as shown in Exhibit A attached hereto and by this reference incorporated herein.

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of
__________________$_________, as provided in the approved bid documents or in this Agreement unless additional amounts have been authorized in the acceptance of the bid and approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $175,000 or

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-3 City Project No. C1818
authorized by City Council action for contracts $175,000 or more by motion duly made and carried).

Compensation and reimbursement of costs and expenses hereunder shall be payable upon CONTRACTOR meeting contract milestones as defined in Exhibit A . Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Contractor affirms that its employees and contractors comply with California Prevailing Wage Law.

5. Additional Services. In the event the public project requires the delivery of additional products or performance of additional services not otherwise included within Exhibit A , such products or services must be authorized in advance by CITY’s City Manager (for contracts less than $175,000 or authorized by City Council action for contracts $175,000 or more. Such amendment to this Agreement shall include a description of the project or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the parties deem appropriate. Any additional services causing the total contract price to exceed $175,000, shall require approval by the City Council. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

6. Records. CONTRACTOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular business hours at CONTRACTOR’s place of business or as otherwise agreed upon by the parties.

7. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.

8. Reliance on Specialized Professional Skill of CONTRACTOR. CONTRACTOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such specialized skills of the CONTRACTOR to do and perform the work. In performing services hereunder CONTRACTOR shall adhere to the standards generally prevailing for the performance of services similar to those to be performed by CONTRACTOR hereunder.

9. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY

10. Relationship of Parties. It is understood that the relationship of CONTRACTOR to the CITY is that of an independent contractor and all persons working for or under the direction of CONTRACTOR are its agents or employees and not agents or employees of the CITY.

11. Schedule. CONTRACTOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of CONTRACTOR’s work product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONTRACTOR’s officers or employees.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-4 City Project No. C1818
CONTRACTOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.

12. Indemnity. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or w illful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Nothing herein contained shall be construed to require CONTRACTOR to indemnify CITY, its officers, employees, agents and volunteers against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

13. Insurance. CONTRACTOR shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non- owned and hired automobile liability insurance coverage relating to CONTRACTOR’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits

Workers’ Compensation statutory minimum

Employer’s Liability $1,000,000 per accident for bodily injury or disease. Contractor shall submit to
City a Waiver of Subrogation
endorsement in favor of City, its officers,
agents, employees, and volunteers.

Commercial General Liability $2,000,000 per occurrence for Liability bodily injury, personal injury, and
property damage, including wi thout
limitation, blanket contractual liability and
coverage for explosion, collapse and
underground property damage hazards.

If a general aggregate limit applies, either
the general aggregate limit shall apply
separately to this project/location or the
general aggregate limit shall be twice the
required occurrence limit. C overage
must be at least as broad as Insurance
Services Office form CG 00 01.

Automobile Liability $2,000,000 per accident for bodily injury and property damage (coverage required
to th e extent applicable to
CONTRACTOR’s vehicle usage in
performing services hereunder)

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-5 City Project No. C1818
Concurrently with the execution of this Agreement, CONTRACTOR shall furnish CITY with certificates and copies of information or declaration pages of the insurance requir ed hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:

(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;

(b) Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37, is also required.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Special Risks or Circumstances
CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-6 City Project No. C1818

Coverage
It is a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following completion of the project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the city at its sole discretion may purchase the coverage required and the cost shall be paid by CONTRACTOR.

Primary and Non-Contributory Coverage
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” as will not seek contribution from the CITY insurance or self-insurance and shall be at least as broad as CG 20 01 04 12.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before the CITY insurance or self-insurance shall be called upon to protect it as a named insured.

14. SUBCONTRACTORS. CONTRACTOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and Insurance requirements to the extent they apply to the scope of the Subcontractors’ work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract documents. Subcontract shall agree to include these same provisions in any agreement with a sub-subcontractor. CONTRACTOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the CITY.

Subcontractor shall agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract Documents. Subcontractor shall further agree to include the same requirements and provisions of this agreement, including the indemnity and Insurance requirements, with a Sub-subcontractor to the extent they apply to the scope of the Sub- subcontractors’ work.

A copy of the CITY Contract Document Indemnity and Insurance provisions shall be furnished to the subcontractor upon request.

15. WORKERS' COMPENSATION. CONTRACTOR certifies that he/she/it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that Code, and CONTRACTOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

16. NON-DISCRIMINATION. The CONTRACTOR hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Section 2000 (e)(17), to the end that CONTRACTOR will not exclude any person from participation in, be denied the benefits

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-7 City Project No. C1818
of, or be otherwise subject to discrimination from any project, program, or activity supported by this Agreement, based on the grounds of race, color, national origin, sex, disability, age, or religion,. CONTRACTOR shall comply with its EEO Certification (Form PW -7). In addition, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non- discrimination clause.

17. Notice. All notices required by this Agreement shall be given to the CITY and CONTRACTOR in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention: City Manager

CONTRACTOR: _____________________
Address
Phone
Attention: ______________

18. Non-Assignment. This Agreement is not assignable either in whole or in part.

19. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

20. Business Registration. C ONTRACTOR agrees to comply with Chapter 5.04 of the Municipal Code and pay all fees required to be paid.

21. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

22. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

23. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. If a party refuses or fails to participate in mediation in good faith prior to filing a lawsuit, then that party shall be barred from recovery of attorneys fees and costs of suit.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-8 City Project No. C1818

24. Conflict of Interest. CONTRACTOR may serve other clients, but none who are active within the City of San Carlos or who conduct business that would place CONTRACTOR in a "conflict of interest" as that term is defined in State law.

25. Entire Agreement. Each party acknowledges that this agreement, the exhibits hereto, and the documents incorporated by reference herein constitute the complete agreement and exclusive statement of the terms and conditions between the parties, which supercedes and merges all prior proposals, understandings and all other agreements, verbal and written, between the parties relating to the subject matter of this agreement.

This agreement may not be modified or altered except by written instrument duly executed by both parties.

[SIGNATURE PAGE TO FOLLOW]

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-9 City Project No. C1818

SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF SAN CARLOS:

Dated: _________________________________ Jeff Maltbie, City Manager

ATTEST:

Dated: ________________________________ Crystal Mui, City Clerk

APPROVED AS TO FORM:

Dated:

Gregory J. Rubens, City Attorney

CONSULTANT/CONTRACTOR/VENDOR:

I acknowledge that I have full authority to execute this agreement on behalf of the Consultant/Contractor/Vendor, and have read, understand, and agree to comply with the provisions of this Agreement, including the Insurance and indemnity requirements set forth herein.

Dated:

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-10 City Project No. C1818

EXHIBIT A

CONTRACTOR’S BID PROPOSAL

[This page to be used for other Exhibits to add on, if any]

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-11 City Project No. C1818

EXHIBIT B
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: Effective Work Date(s):

Description of Work/Locations/Vehicles:

ADDITIONAL INSURED: City of San Carlos
600 Elm Street, San Carlos, CA 94070
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply) Insurer Policy No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability : the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy No.

Workers Compensation : work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: T he insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTI CE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: T he insurer(s) named above agree to waive all rights of subrogation against the CITY/Public Works Departmentt, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY/Public Works Department.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, _______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company.

________________________________________________________________ _____________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) DATE ISSUED

ORGANIZATION:_________________________________________ TITLE:______________________________

ADDRESS: _____________________________________________ TELEPHONE: ( ) _ ______

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Attachment: Plans and Specification Sports Field Lighting Phase 2 (Field Lighting)

Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-12 City Project No. C1818

RESOLUTION OF CONSTRUCTION CLAIMS

Any public works claims arising under this contract which the Contractor wishes to assert against the Governing Agency shall be governed by California Public Contract Code Section 9204.

Claims which do not exceed three hundred seventy -five thousand dollars ($375,000) are also subject to the provisions of Article 1.5 of the California Public Contract Code (commencing with Section 20104). Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows:
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-13 City Project No. C1818
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under t his section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

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

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

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

Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

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Attachment: Plans and Specification Sports Field Lighting Phase 2 (Field Lighting)

Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-14 City Project No. C1818

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that

WHEREAS, The City of San Carlos (hereinafter referred to as “Owner”) and ( hereinafter referred to as “Principal”) have entered into a contract for the construction of Sports Field Lighting Burton & Highlands Parks - Phase 2 Project No. C1818 and
WHEREAS, under the terms of said contract Principal is required to furnish a bond securing payment of the claims to which reference is made in Section 3248 of the Civil Code;

NOW, THEREFORE, we, the Principal, and
, as Surety, are held and firmly bound unto the
“Owner” in the penal sum of
/l00 Dollars ($ )
lawful money of the United States, being not less than one hundred percent (100%) of the amount payable by the terms of the contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that if said Principal or any of its subcontractors fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal or its subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor that the Surety will pay for the same, in an amount not exceeding the amount hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney’s fee, to be fixed by the court. We hereby state and confirm that we are a “California admitted insurer” as defined by the California Department of Insurance.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

This bond is given to comply with Sections 3247 and 3248 of the Civil Code. The liability of the Principal and Surety hereunder is governed by the provisions of said Code, all acts amendatory thereof, and all other statutes referred to therein, including Section 3225 of the Civil Code.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-15 City Project No. C1818

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this _________ day of __________________, 20 , the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Principal)

NOTE: By

To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-16 City Project No. C1818

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that

WHEREAS, The City of San Carlos (hereinafter referred to as “Owner”) has entered into a contract with _ ___________________ (hereinafter referred to as “Principal”) for the construction of Sports Field Lighting Burton & Highlands Parks Phase 2, No. C1818, and

WHEREAS, said Principal is required under the terms of said contract to furnish a bond of faithful performance of said Contract;

NOW, THEREFORE, we, the Principal, and
, as Surety, are held and firmly bound unto the
“Owner” in the penal sum of ______________________________/100 Dollars($ ) lawful money of the United States, being a sum equal to the total amount payable under the contract, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to satisfactory completion of the said contract, the above obligations to the amount of and-00/100 Dollars ($ ) being not less than ten percent (10%) of the total amount payable under the contract, shall hold good for a period of two (2) years after the completion and acceptance of said work, during which time if the above Principal shall fail to make full, complete and satisfactory repair and replacement or totally protect the “Owner” from loss or damage made evident during said period of two (2) years from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligations in the said sum of and-00/100 Dollars ($ ) shall remain in full force and virtue; otherwise the above obligation shall be void.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under of the Specifications accompanying the same shall in any ways affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. We hereby state and confirm that we are a “California admitted insurer” as defined by the California Department of Insurance.

In the event that the “Owner” or its successors or assigns, shall be the prevailing party in an action brought upon this bond, then, in addition to the penal sum hereinabove specified, we

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-17 City Project No. C1818
agree to pay to the “Owner” for its successors or assigns, a reasonable sum on account of attorney’s fees in such action, which sum shall be fixed by the court.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this _________ day of __________________, 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

(Principal)

NOTE: By

To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-18 City Project No. C1818

WORKERS' COMPENSATION CERTIFICATION
Labor Code Section 1861

The Bidder hereby certifies as follows:

"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions and furnish proof of said insurance before commencing the performance of the work of this contract."

Name of Contractor

Signature of Contractor Representative

Dated: __________________________

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-19 City Project No. C1818

CERTIFICATION OF SAFETY REQUIREMENTS FOR

CONTRACTORS AND VENDORS
California Code of Regulations, Title 8, Section 1509

To work as a contractor or vendor with the City of San Carlos, your organization is required to certify that it has an active on-the-job written Injury and Illness Prevention Program. This program is essential to make the job as accident-free as possible and to comply with Federal and State Safety Standards.

The undersigned hereby certifies that his/her organization has an active written Injury and Illness Prevention Program, as required by Cal-OSHA under California Code of Regulations, Title 8, General Industry Safety Orders, Section 3203 and/or Construction Safety Orders, Section 1509, that ensures compliance with, and enforcement of, current minimum Cal-OSHA Safety Standards, and that his/her organization has knowledge of these standards that are applicable to the job operations. This includes a program for ensuring employees have been trained to recognize hazards of their job.

The undersigned also hereby certifies that his/her organization has an active written Hazard Communication Program with evidence that all employees have been trained in safe use and handling of chemicals on the job site, and a file will be made available for review by the City of San Carlos of each Material Safety Data Sheet (MSDS) on those chemicals kept on the site.

Name of Contractor

Signature of Contractor Representative

Dated: __________________________

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-20 City Project No. C1818

DRUG-FREE WORKPLACE CERTIFICATION

The bidder_________________________________________________________________, hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The contractor will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan:
(a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or loan.

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

Dated:_______________________, 20____.
________________________________
Contractor’s Signature

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-21 City Project No. C1818
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (Optional) Public Contract Code Section 22300

This Escrow Agreement is made and entered into by and between ________________________ _______ whose address is __________________________________________________ hereinafter called "Owner,"________________________________ whose address is ______________________________
____________________hereinafter called "Contractor" and ____________________________________ whose address is __________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________ dated __________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____________________, and shall designate the Contractor as the beneficial owner.

(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated.

The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-22 City Project No. C1818

(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account.

The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent:

___________________________ ___________________________ _______________________________ Title Title Title

___________________________ ___________________________ _______________________________ Name Name Name

___________________________ ___________________________ _______________________________ Signature Signature Signature

___________________________ ___________________________ _______________________________ Address Address Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:

______________________________ ___________________________________ Title Title

______________________________ ___________________________________ Name Name

______________________________ ___________________________________ Signature Signature

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Agreement Sports Field Lighting Burton & Highlands Parks - Phase 2 Page A-23 City Project No. C1818

GUARANTEE
(To Be Submitted Prior to Project Acceptance)

FOR THE
City of San Carlos
San Carlos, CA 94070

Sports Field Lighting Burton & Highlands Parks - Phase 2 City Project No. C1818

We hereby guarantee that the work we have installed for the above named project has been done in accordance with the Plans and Specifications and that the work installed will fulfill the requirements of the guarantee.

We agree to repair or replace any or all of our work, together with any other adjacent work which may be displayed in so doing that may prove to be defective in its workmanship or material within a period of two (2) years from the date of acceptance of the above-named work by the City of San Carlos, without any expense whatsoever to the City of San Carlos, ordinary wear and tear and unusual abuse or neglect excepted.

Within fifteen (15) days after being notified in writing by the City of San Carlos of any defects in the work, we agree to commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and separately, do hereby authorize said City of San Carlos to proceed to have such work done at our expense and we will honor and pay the cost and changes therefore upon demand.

Dated:

By:

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO PROJECT ACCEPTANCE.

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GENERAL PROVISIONS

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TABLE OF CONTENTS

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms ................................................................................................................................ 1

1.02 Definitions .......................................................................................................................... 1

SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General .............................................................................................................................. 6

2.02 Proposal Forms ................................................................................................................. 6

2.03 Qualifications of Bidders .................................................................................................... 6

2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities ........................ 6

2.05 Submission of Bids ............................................................................................................ 6

2.06 Approximate Estimate ....................................................................................................... 7

2.07 Examination of Plans, Specifications and Work Site ......................................................... 7

2.08 Withdrawal of Proposals .................................................................................................... 7

2.09 Proposal Guarantee .......................................................................................................... 7

2.10 Disqualification of Bidders ................................................................................................. 7

2.11 Bid Protest Procedures ..................................................................................................... 7

2.12 List of Subcontractors ........................................................................................................ 8

2.13 Required Contractor and Subcontractor Registration ....................................................... 8

SECTION 3 – REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION

3.01 Public Bid Opening and Initial Review ............................................................................... 9

3.02 Determination of Lowest Responsible Bidder ................................................................... 9

3.03 Notice of Award ................................................................................................................. 10

3.04 Contract Execution ............................................................................................................ 10

3.05 Status of Contractor .......................................................................................................... 10

3.06 Assignment ........................................................................................................................ 10

3.07 Recognition of Subcontractors .......................................................................................... 10

3.08 Return of Bid Security ....................................................................................................... 10

3.09 Forfeiture of Proposal Guarantee ...................................................................................... 11

3.10 Contract Bonds .................................................................................................................. 11

3.11 Notification of Surety Companies ...................................................................................... 12

3.12 Power of Attorney .............................................................................................................. 12

3.13 Insurance Requirements ................................................................................................... 12

3.14 Special Requirements ....................................................................................................... 12

3.15 Builders Risk Insurance ..................................................................................................... 13

3.16 Certificates ........................................................................................................................ 13

3.17 Legal Address of Contractor .............................................................................................. 13

3.18 Office of Contractor at Site ................................................................................................ 13

SECTION 4 – SCOPE AND CONTROL OF THE WORK

4.01 Work to be Done ............................................................................................................... 14

4.02 Plans and Specifications ................................................................................................... 14

4.03 Reference to Standards and Codes .................................................................................. 14

4.04 Authority of the Engineer ................................................................................................... 15

4.05 Contract Documents and Precedence .............................................................................. 15

4.06 Interpretation of Specifications and Drawings ................................................................... 15

4.07 Figured Dimensions .......................................................................................................... 15

4.08 Errors or Discrepancies ..................................................................................................... 16

4.09 Drawings to be Furnished by Contractor ........................................................................... 16

4.10 Additional Drawings by City ............................................................................................... 16

4.11 Lines and Grades .............................................................................................................. 16

4.12 Record Documents ............................................................................................................ 16

4.13 Record Drawings ............................................................................................................... 16

4.14 Reuse of Documents ......................................................................................................... 17

4.15 Subsurface Data ................................................................................................................ 17

4.16 Right-of-Way ..................................................................................................................... 17

4.17 Removal of Defective and Unauthorized Work ................................................................. 17

4.18 Acceptance of Defective Work .......................................................................................... 17

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4.19 Submittals .......................................................................................................................... 17

4.20 Substitutions ...................................................................................................................... 18

4.21 Construction Staking Lines and Grades ............................................................................ 19

4.12 Inspection of the Work ....................................................................................................... 19

4.23 Testing ............................................................................................................................... 19

SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Orders ............................................................ 21

5.02 Contractor Liability for Unapproved Change Orders ......................................................... 21

5.03 Non-Material Change Requests by the Contractor ........................................................... 21

5.04 Effect of Extension of Time ............................................................................................... 21

5.05 Letters of Instruction .......................................................................................................... 21

5.06 Requests for Information, Inconsistencies and Changed Conditions ................................ 21

5.07 Extra and Omitted Work .................................................................................................... 22

5.08 Change Orders .................................................................................................................. 22

5.09 Disputed Work ................................................................................................................... 24

SECTION 6 – CONTROL OF MATERIALS

6.01 Materials and Workmanship .............................................................................................. 25

6.02 Protection of Work and Materials ...................................................................................... 25

6.03 Trade Names or Equals .................................................................................................... 25

6.04 Inspection of Materials by City .......................................................................................... 26

6.05 Inspection of Materials by Others ...................................................................................... 26

6.06 Tests of Materials .............................................................................................................. 26

6.07 Certification ....................................................................................................................... 26

6.08 Weighing and Metering Equipment ................................................................................... 26

6.09 Calibration of Testing Equipment ...................................................................................... 27

SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation ................................................................................................. 28

7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure ........................ 28

7.03 Location ............................................................................................................................. 28

7.04 Protection .......................................................................................................................... 29

7.05 Shut Down Notification ...................................................................................................... 29

7.06 Removal ............................................................................................................................ 29

7.07 Relocation ......................................................................................................................... 29

7.08 Delays ............................................................................................................................... 30

7.09 Cooperation ....................................................................................................................... 30

SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed .............................................................................................................. 31

8.02 Commencement of Work ................................................................................................... 31

8.03 Subcontracting .................................................................................................................. 31

8.04 Administrative Duties ......................................................................................................... 31

8.05 Baseline Construction Schedule ....................................................................................... 31

8.06 Three-Week Look Ahead Schedule .................................................................................. 31

8.07 Construction Sequence ..................................................................................................... 32

8.08 Recording Existing Conditions .......................................................................................... 32

8.09 Preconstruction Conference .............................................................................................. 32

8.10 Progress Meeting .............................................................................................................. 32

8.11 Hours of Construction ........................................................................................................ 32

8.12 Prosecution of Work .......................................................................................................... 32

8.13 Suspension of Work .......................................................................................................... 33

8.14 Default by the Contractor and Termination of Control ....................................................... 33

8.15 Contractor’s Right to Stop Work or Terminate Contract .................................................... 34

8.16 City’s Right to Terminate Contract .................................................................................... 34

8.17 Time of Completion and Days Charged ............................................................................ 35

8.18 Liquidated Damages ......................................................................................................... 35

8.19 Delays and Extension of Time ........................................................................................... 36

8.20 Substantial Completion ..................................................................................................... 38

8.21 Project Closeout ................................................................................................................ 38

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8.22 Final Completion ............................................................................................................... 38

8.23 Final Acceptance ............................................................................................................... 39

8.24 Risk of Loss ....................................................................................................................... 39

8.25 Use of Improvements During Construction ...................................................................... 39

SECTION 9 – RESPONSIBILITIES OF THE CONTRACTOR

9.01 Contractor’s Responsibility for the Work ........................................................................... 40

9.02 Contractor’s Responsibility for Subcontracted Work ......................................................... 40

9.03 Superintendent .................................................................................................................. 40

9.04 Character of Workers ........................................................................................................ 40

9.05 Laws to be Observed ........................................................................................................ 40

9.06 Permits and Fees .............................................................................................................. 42

9.07 Coordination and Cooperation .......................................................................................... 42

9.08 Use of Premises ................................................................................................................ 43

9.09 Construction Staging and Field Office ............................................................................... 43

9.10 Site Security ...................................................................................................................... 44

9.11 Construction Water ............................................................................................................ 44

9.12 Project Site Maintenance .................................................................................................. 44

9.13 Preservation of Property .................................................................................................... 46

9.14 Protection of Buried Utilities .............................................................................................. 47

9.15 Protection of Bridges ......................................................................................................... 47

9.16 Protection of Traffic Signal Facilities ................................................................................. 47

9.17 Restoration of Adjacent and Existing Improvements ......................................................... 48

9.18 Archeological Remains ...................................................................................................... 48

9.19 Access to Private Property ................................................................................................ 48

9.20 Traffic Control and Public Convenience ............................................................................ 48

9.21 Safety ................................................................................................................................ 51

9.22 Patent Fees or Royalties ................................................................................................... 53

9.23 Advertising ......................................................................................................................... 53

9.24 Antitrust Claims ................................................................................................................. 53

9.25 Audit and Examination of Records .................................................................................... 53

9.26 Notice of Entrance ............................................................................................................. 54

9.27 Additional and Emergency Protection ............................................................................... 54

9.28 Placing Portions of Work in Service .................................................................................. 54

9.29 Rights of Way .................................................................................................................... 54

SECTION 10 – MEASUREMENT AND PAYMENT

10.01 Measurement of Quantities for Unit Price Work ................................................................ 55

10.02 Bid Items ........................................................................................................................... 55

10.03 Bid Quantities .................................................................................................................... 55

10.04 Progress Payments ........................................................................................................... 56

10.05 Retentions ......................................................................................................................... 57

10.06 Final Payment ................................................................................................................... 58

10.07 Acceptance ........................................................................................................................ 59

10.08 Compensation for Extra Work Omitted .............................................................................. 59

10.09 Compensation to City for Extension of Time ..................................................................... 59

10.10 Claims ............................................................................................................................... 59

10.11 Time Limit on Claims ......................................................................................................... 59

10.12 City Response to Claims ................................................................................................... 60

10.13 Appeal of Engineer’s Decision .......................................................................................... 60

SECTION 11 – GUARANTEE

11.01 Contractor’s Guarantee ..................................................................................................... 61

11.02 Correction of Defective Work During the Guarantee Period ............................................. 61

* * *

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GENERAL PROVISIONS

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms – Unless otherwise stated, the words “ directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory ,” or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.

1.02 Definitions – Except as amended or supplemented, whenever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows:

Agreement - The written contract documents between the City and the Contractor covering the performance of the work.

As Shown, As Indicated, As Detailed - Where these words or words of similar import, are used, it shall be understood that reference to the drawings accompanying these specifications is made unless stated otherwise. Where "As Directed", "As Permitted", "Approved", or words of similar import, are used, it shall be understood that the direction, requirements, permission, approval, or acceptance of the Engineer is intended unless stated otherwise. As used herein, "Provide" shall be understood to mean "Provide Complete in Place" that is, "Furnish and Install”, and "Install" shall mean the installation complete in place of an item of equipment furnished by the City.

ASTM - American Society for Testing and Materials specifications.

AWWA - American Water Works Association and its Standard Specifications.

Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents.

Bid - The offer or proposal of the bidder submitted on the prescribed forms setting forth the prices for the work to be performed.

Bid Forms - Includes the Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non- Collusion Affidavit, Bid Security, and all other information requested by the Bid Proposal Documents.

Bidder – Any individual, firm, partnership, corporation, or combination thereof submitting a bid for the work, acting directly or through a duly authorized representative. After the City awards the Contract, the term “Bidder” shall be equivalent to the term “Contractor” for the purpose of identifying the Contractor’s rights and obligations under the Contract Documents.

Bidding Documents - The Notice Inviting Sealed Proposals, Instruction to Bidders, Bid Proposal forms and Bidders Bond.

Bonds - Bid, performance, labor and material, and warrant y bonds and other instruments of security.

Change Orders – A written order by the Engineer to the contractor making changes in the plans or specifications which is signed by the Contractor and City authorizing an addition, deletion or revision in the work, with possible adjustment in the contract price or the contract time, issued on or after the effective date of the Agreement . If the change involves items for which there is no contract unit price, the order shall so state and stipulate that the changes shall be performed as extra work or work omitted.

City - The City of San Carlos acting through the City Council or any other board, bod y, official(s) to which or to whom the power belonging to the City Council has been properly delegated.

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City Regulations - All written laws, rules, and policies established by the City, including those set forth in the General Plan, San Carlos Municipal Code, ordinances, resolutions, policies, procedures, and City design documents (including the Standard Specifications, d esign standards, and relevant Public Facility Master Plans).

Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California.

Contract – See definition for “Agreement”.

Contract Documents - See Agreement, Section 2.1, “List of Contract Documents and Precedence”.

Contract Drawings or Plans - A ll drawings which may have been prepared by or in behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, all drawings submitted in pursuance of the terms of this contract by the successful bidder with his proposal and by the contractor to the City and reviewed by the Engineer; and all drawings submitted by the Engineer to the contractor during the progress of the work as provided for herein.

Contract Price - The total amount of money for which contract is awarded and as amended.

Contract Time - The number of days or the date stated in the contract as the duration for completing work.

Contract Unit Price - The Contractor’s original bid for a single unit of an item of work in the proposal.

Contractor - An individual, partnership, corporat ion, developer, joint venture, subdivider or other legal entity entering into a contract or agreement with the City to perform the work covered by this contract, and their authorized agents or legal representatives. After the City awards the Contract, the term “Contractor” shall be equivalent to the term “Bidder” for the purpose of identifying the Contractor’s rights and obligations under the Contract Documents.

Day or Days - Unless herein otherwise expressly defined, shall mean a calendar day of twenty- four hours each.

Defective Work - Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of the Engineer, or requirements of any inspection, reference standard, test, or approval specified in the Contract Documents, or has been damaged prior to the Engineer’s recommendation of final acceptance. See General Provisions Section

6.01, “Materials and Workmanship”.

Directive – Any document, signed by the City, w ith instruction to the Contractor pertaining to the completion of a project objective; including, but not limited to responses to r equests for i nformation, clarifications, letters of instruction, the notice of award and the notice to proceed.

Engineer - T he Engineer duly and officially appointed by the City to represent the City and to observe the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.

Extra Work - Performance or furnishing of work or material found necessary for the proper completion of the improvements, the payment of which is not covered by any item of the bid schedule and for which no means of payment, direct or indirect, has been provided in the contract.

Final Completion - The point at which work has been completed in accordance with the contract documents, plans and specifications to the satisfaction of the Engineer and there are no items of work remaining to be completed. See General Provisions, Section 8.22, “Final Completion”.

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Force Account Work – Force account work is a method of compensation utilized to pay for extra work typically needed to overcome unanticipated work , resulting from the project work scope, necessary to complete the project work scope that cannot be well defined prior to the start of extra work. General Provision, Section 5.08 “Change Orders “ establishes the specific methods of compensation for labor, materials and equipment used to perform the force account work.

Greenbook - The Standard Specifications and Plans written and promulgated by Public Works Standards, Inc., entitled “Standard Specifications for Public Works Construction”, and “Standard Plans for Public Works Construction”, current editions.

Hold Harmless - Agreement by one party to bring no claim for negligence, breach of contract, indemnity or otherwise against another party. See Agreement Section 17, “Indemnification”.

Inspector - T he engineering or technical inspector(s) duly authorized or appointed by the Engineer or City, limited to the particular duties entrusted to him or them.

Liquidated Damages - The amount of dollars assessed for each and every calendar day required to complete the contract in excess of the contract time. See General Provisions, Section 8.18, “Liquidated Damages”.

Losses - Any and all losses, costs, liabilities, claims, damages, and expenses, including, without limitation, reasonable attorneys’ fees and expenses.

Manual of Uniform Traffic Control Devices (MUTCD) or California Manual of Uniform Traffic Control Devices (CAMUTCD) – The latest edition of the California Manual of Uniform Traffic Control Devices.

Modification – Modifications to the Agreement are executed by change orders, and may only be issued after the effective date of the contract.

Notice - Any notice allowed or required to be given by the City may be given by the Engineer.

Notice of Award – The written notice by the City to the successful Bidder stating that upon completion of required conditions the City will execute the contract.

Notice to Proceed – A written notice by the City to the Contractor authorizing the Contractor to proceed with the work and fixing the date on which the contract time will start.

Plans - The contract plans and/or supplemental drawings approved by the Engineer which show the location, character, dimensions and details of the work.

Project - The total construction of which the work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate Contractors.

Proposal - The offer of a bidder when submitted on the proposal form, properly signed and guaranteed.

Reference Specifications - Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the current edition or amendments in effect at the time of advertising the project unless specifically referred to by edition, volume or date. Unless otherwise stated in the plans or specifications, the reference specification in effect shall be that edition which was in effect on the date of the Notice Inviting Bids.

Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information

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prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the work. See General Provisions, Section 4.19, “Submittals”.

Special Provisions - Any provisions which supplement or modify these standard specifications.

Specifications – T he information, directions, provisions and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specification, General Provisions, those administrative subsections of Caltrans’ Standard Specification that are specifically referenced in this Contract and the non- administrative sections (Section 10 through 95) of the Caltrans’ Stand ard Specification dated 2010.

Standard Plans - The Standard Details of the City of San Carlos, current edition, including the Parks and Streetscape Standard Plans, current edition, identifying construction standards for the various items of work indicated and/or referred to on the plans, specifications or special provisions.

Standard Specifications - The Standard Specifications of the City of San Carlos.

Standard Specifications for Public Works Construction - The Standard Specifications for Public Works Construction, “Greenbook”, current edition.

State - State of California.

State Standard Plans - The Standard Plans of the Department of Transportation of the State of California, (Caltrans’) Standard Plans dated 2010.

State Standard Specifications - The Standard Specifications of the Department of Transportation of the State of California Caltrans’ Standard Specification dated 2010.

Subcontractor - Any individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site. Unless otherwise specifically provided, the term Subcontractor includes Subcontractor of any tier, suppliers, manufacturers and distributors. See Section 3.07 of the General Provisions.

Substantial Completion – When the work (or a specified part thereof) has progressed to the point where it is sufficiently complete and in accordance with the Contract Documents. See General Provisions, Section 8.20, “Substantial Completion”.

Superintendent – T he executive representative of the contractor responsible for the site supervision of the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and to accept orders for changed and extra work.

Surety - Any individual, firm or corporation, bound with and for the Contractor for the acceptable performance and completion of the work, and the satisfaction of all obligations incurred.

Surveyor - A land surveyor licensed in the State of California.

Unbalanced Bid - See Materially Unbalanced Bid and Mathematically Unbalanced Bid.

Work - The construction and services required by the Contract Documents as amended by contract modifications, whether completed or partially completed, including all labor, materials, equipment, tools, and services provided or to be provided, by the Contractor to fulfill the Contractor’s obligations. The work may constitute the whole or a part of the project

Working Day – Any day except Saturday, Sunday, Holidays observed by the City, or days in which the Contractor is entitled to an excusable delay. Holidays observed by the City are: Thanksgiving, day after Thanksgiving, Christmas Day, New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, and Veteran’s Day. See General Provisions, Section 8.19, “Delays and Extension of Time”. In addition, at the option of the Engineer, the contractor may be required

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to suspend all work and activities during the City’s annual Holiday Closure in late December and early January of each year. No work shall be done during this suspension except such work as is necessary for the proper care and protection of work already performed, or except in case of an emergency, and in any case, only with prior written permission of the Engineer. This suspension of work will be at no cost to the City. Working days will not be assessed during this suspension of work.

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SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General - Bidders may obtain complete sets of the Contract Documents, including the proposal forms to be used for bidding, at the location designated in the Notice to Bidders. Bidders shall use complete sets of Contract Documents in the preparation of bids. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the work and does not confer a license or grant permission for any other use of the Contract Documents.

2.02 Proposal Forms – The portion of the Contract Documents entitled “Bid Proposal” focuses the Bidders attention on the requirements for submitting a proposal, including the Notice to Bidders, and the Bid Proposal Forms.

Bids are required for the entire work described herein and shall b e submitted on the blank forms prepared by the City and provided herein. The Bid Proposal submitted to the City shall consist of the completed Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bidder’s Qualifications, Bidders References, Signature of Bidder, Bid Guarantee, and all other information requested by the Bid Proposal documents.

All proposals shall type or print legibly in ink the proposed prices both in writing and in figures an d shall be signed, with address included, by the bidder or the bidder's authorized representative.

Corrections must all be individually initialed by the Bidder. Bidder shall not modify or qualify the Bid Forms in any manner.

The Bid Forms shall be signed by a person or persons legally authorized to bind the Bidder to the Contract. The individuals signing each document shall warrant that they are authorized to bind the legal entity of the Bidder. Proposals made by individuals must show the individual's signature and post office address; if made by a firm or partnership and the signature of one or all of the partners must be shown. Proposals submitted by corporations must show the name and post office address of the corporation, the name of the state, under whose laws the corporation is chartered, and the signature and title of the person signing on behalf of the corporation.

2.03 Qualifications of Bidders - Each bidder shall be licensed as specified in the Notice to Bidders and in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code, State of California, and shall be skilled and regularly engaged in the general class or type of work called for under this contract.

It is the intention of the City to award a contract only to a bidder who is able to furnish satisfactory evidence that he has the requisite experience and ability and that he has sufficient capital, facilities and plant to enable him to prosecute the work successfully and promptly, and to complete it within the time set forth in the contract.

In determining the degree of responsibility to be credited to a bidder, the City will weigh any evidence indicating the bidder, or personnel guaranteed to be employed in responsible charge of the work, has satisfactorily performed other contracts of like nature and magnitude.

2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities - Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, irregularities of any kind, or corrections and erasures without initials by the Bidder.

2.05 Submission of Bids - All Bid Forms, including all documents required to be submitted with the Bid, shall be enclosed in a sealed opaque envelope. The envelope shall be clearly marked on its face with the Bidder’s name and address, and the notation “SEALED BID ENCLOSED, CITY OF SAN CARLOS”, with an identification of the project name and number as identified in the Notice to Bidders. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope. Oral, telephonic, facsimile, telegraphic, or electronically transmitted Bids are invalid and will not be accepted.

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Bids may be mailed or delivered by messenger. It is the Bidder’s responsibility alone to ensure that the Bid is received prior to the bid opening deadline at the place specified in the Notice to Bidders.

Whether or not bids are opened exactly at the time fixed in the public notice inviting bids, any bid received after that time shall be returned unopened.

2.06 Approximate Estimate - The quantities listed in the bid schedule are approximate only, supplied as a general indication of the scope of work and to be used as a basis for comparing bids. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to delete any portions of the work in their entirety, from the quantities listed on the bid schedule, as may be deemed necessary or advisable by the Engineer.

2.07 E
xamination of Plans, Specifications and Work Site - Bidder shall examine carefully the plans, specifications, proposal and contract forms, and the physical site of the work contemplated, regardless of if a site walk or pre- bid meeting has been scheduled by the City or not. It will be assumed that the bidder has investigated and is aware of the conditions to be encountered in carrying out the proposed work, and is fully satisfied as to the scope, character, quality, quantity and requirements of the proposed work, and the submission of a bid will be an acknowledgement of that assumption.

The bidder shall receive no additional compensation for obstacles or difficulties due to surface or subsurface conditions actually encountered. Where investigations of surface or subsurface conditions have been made by the City in respect to foundation or other structural design, and that information is shown in the plans, said information is included only for the convenience of bidders. The City assumes no responsibility whatsoever as to the sufficiency or accuracy of borings, or of the log of test borings or other investigations or tests, or of the interpretation thereof; there is no guarantee, warranty or representation, express or implied, that the conditions indicated thereby in fact exist or are representative of those existing throughout the work. Such information shall be used as a basis for bids at the bidder's own and sole risk; making such information available to bidders is not to be construed in any way as a waiver of the other provisions of this paragraph, and bidders must satisfy themselves through their own investigation as to the surface and subsurface conditions to be encountered at the site. By submitting a Proposal, the Bidder has certified that he has examined all items indicated in Section 2.07, "Examination of Plans, Specifications, and Site of the Work."
Each proposal shall be enclosed in a sealed envelope and endorsed as specified in the Notice Invited Sealed Proposals. Bidders are warned the proposals containing irregularities of any kind, including erasures, omissions, conditions, alterations, or additional proposals may be rejected.

2.08 Withdrawals of Proposals - Any proposal may be withdrawn at any time prior to the time fixed in the Notice Inviting Sealed Proposals for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid, is filed with the City. The withdrawal will not prejudice the right of a bidder to file a new proposal.

2.09 P
roposal Guarantee - Each proposal shall be accompanied by either a certified check, cashier's check, or bidder's bond of a surety company acceptable to the City in an amount not less than ten percent (10%) of the bid amount, and shall be made payable to the City.

2.10 D
isqualification of Bidders - More than one proposal from an individual, firm or partnership, a corporation, or an association under the same or different names will not be considered.

Reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be the cause of the rejection of all proposals in which such bidder is interested. If there is a reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Proposals in which the prices obviously are unbalanced may be rejected.

2.11 Bid Protest Procedures – Any protest of the proposed contract award shall be submitted in writing to the City Clerk no later than 5:00 p.m. on the fifth (5 th) business day following the date of the bid opening. If the fifth day falls on a weekend or holiday, the last day of the protest period shall be the first working day following the fifth day.

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The protest must include the name, address, and telephone number of the person representing the protesting party. In addition,

(a) The party filing the protest must have submitted a bid for the Project. A Subcontractor of a party filing a bid for the project may not submit a bid protest.

(b) The protest must contain a complete statement of the basis for the protest, and refer to the specific portion of the Contract Documents or the specific statute that forms the basis for the protest.

Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

The City shall review all timely protests prior to the award of contract. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. The City Council or the City Manager as designee if the authority to award the contract has already been granted by the City Council, may either reject the protest and award the project to the lowest responsible bidder or accept the protest and award the project to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

2.12 List of Subcontractors - In accordance with the provisions of Section 4104 of the Public Contract Code, each proposal shall list the name, address and license number of each subcontractor to whom the bidder proposes to sublet portions of the work. A subcontractor is defined as one who contracts with the contractor to furnish materials and labor, or labor only, for performance of work .

Subcontractors shall be listed on the form provided in the Bid Proposal.

2.13 R
equired Contractor and S ubcontractor Registration - In accordance with Labor Code Section 1725.5 and 1771.1, the c ontractor and all s ubcontractors shall be registered with the California Department of Industrial Relations (DIR) prior to the bid opening. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. An inadvertent error in listing a subcontractor who is not registered may not be grounds for considering the bid non- responsive providing that any of the provision in Labor Code Section 1771.1(c) are satisfied.

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SECTION 3: REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION

3.01 Public Bid Opening and Initial Review - Bids which have been submitted in accordance with the requirements of the Bidding Documents, and which are received on or before the bid deadline will be opened publicly, and the dollar amounts of each bid shall be read aloud.

The City shall have the right to reject all bids. The City shall have the right to reject any bid not accompanied by the required bid security or any other item required by the Bidding Documents, or a bid which is in any other way incomplete or irregular. The City shall have the right to waive irregularities in a bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.

3.02 Determination of Lowest Responsible Bidder - Criteria fo r determining low bid in all contracts with the City involving an expenditure of $5,000.00 or more shall be determined as the “Lowest Monetary Bidder” on the basis of the Engineer’s approximate estimate of the quantities of work to be done as set forth in the Bid Schedule, in accordance with the calculation criteria set forth on the bid.

After the Lowest Monetary Bidder has been determined, the Engineer shall review that Bidder’s bid in order to determine whether or not that Bidder is the “Lowest Responsible Bidder.” The term Lowest Responsible Bidder shall mean the Lowest Monetary Bidder whose bid is responsive, and who is responsible to perform the work, as required by the Contract Documents.

The term “responsive” is defined by California law, but generally means that the bid has been prepared and submitted in accordance with the Bidding Requirement s. The term “responsible” is defined by California law, but generally means that the Bidder is able to demonstrate that it possesses: (1) the capacity to perform the work required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the work in accordance with the Contract Documents.

The City will make its determination of responsibility based upon information submitted by Bidders contained in the Bidders Qualifications and Bidders References included in the Bid Forms and, if necessary, through interviews with previous cities, clients, design professionals, or subcontractors with whom the Bidder has worked. In determining whether or not a Bidder is responsible, the City may consider the following factors in relation to the work to be performed for this Project:

(a) D emonstrated financial strength including, but not limited to, resources available, bonding capacity, and available insurance.
(b) Demonstrated safety record including, but not limited to, Experience Modification Rate. (c) Successful completion of projects of similar scope and size. In reviewing this factor, the City may consider elements including, but not limited to, contract amount of completed projects, experience on public works projects, experience implementing prevailing wage certified payroll requirements, timeliness of performance and, if necessary, evaluation of the Bidder’s work by previous cities, clients, design professionals, or subcontractors. (d) Sufficiency of contract administration and construction management systems including, but not limited to, proposed scheduling tools, proposed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents. (e) History of claims, litigation, termination or disqualification from projects.

If the Engineer finds that the Lowest Monetary Bidder submitted a responsive Bid and that the Bidder is responsible, then that Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and the Engineer shall report the findings to the City Council.

If the Engineer finds that the Lowest Monetary Bidder’s bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Engineer may review the responsiveness and responsibility

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of the next Lowest Monetary Bidder. If the Engineer finds that the next Lowest Monetary Bidder is responsive and responsible, then that next lowest Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and Engineer shall report its findings as recommendations to the City Council. This process may continue until the Engineer finds the Lowest Monetary Bidder which is also responsive and responsible.

In the event that one or more Low Monetary Bidders are found by the Engineer to be non- responsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Engineer for consideration, within five (5) working days after the Bidder receives the notice.

All findings by the Engineer shall be reported as recommendations to the City Council. The City Council reserves the right to reject any or all Bids, and to waive any irregularity. No Bid shall be binding upon the City until after the Agreement is signed by both the Contractor and the City. If the City Council determines that it is in the City’s best interest to award the Agreement, a Notice of Award shall be sent to the Lowest Responsible Bidder as determined by the Ci ty Council. The City Council’s decision shall be final.

The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed ninety (90) calendar days after the Bid opening, during whi ch time no bid shall be withdrawn by the Bidders. The ninety (90) day review period may be extended upon the written request by the Engineer and written approval by the affected Bidder.

3.03 Notice of Award – Should the City decide to proceed with the a ward of contrac t the City shall issue a Notice of Award to the lowest responsible bidder.

3.04 C ontract Execution - Within fifteen (15) calendar days after receipt of the Notice of Award, the bidder shall submit to the City two (2) originals of the signed agreement, the required contract bonds and certificates of insurance. If the bidder fails or refuses to enter into a contract to do the work, then the proposal guarantee accompanying the bid shall be forfeited to the City. After the Bidder has properly submitted these documents, the City will execute the Agreement and issue a Notice to Proceed.

3.05 S
tatus of Contractor - The right of general supervision by the City shall not make the contractor an agent of the City, and the liability of the contractor for all damages to persons or to public or private property arising from the contractor's execution of the work shall not be lessened because of such general supervision.

3.06 Assignment - No agreement or portion thereof maybe assigned without consent of the Council, except that the Contractor may assign money due which will accrue to him under the Agreement.

If given written notice, such assignment will be recognized by the City to the extent permitted by law, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City and to all deductions provided for in the Agreement. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

Any attempt to assign or delegate the Agreement without the written consent of the City shall be void and of no force and effect. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment.

3.07 Recognition of Subcontractors - No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the contractor and their work shall be subject to the provisions of the contract, including specifically these general stipulations, the specifications and the contract drawings.

3.08 Return of Bid Security - Within ten (10) working days after the execution of the Agreement, the City will return the proposal guarant ees accompanying the proposals that are not to be considered in making the award. All other proposal guarant ees will be held until the Agreement has been fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.

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3.09 Forfeiture of Proposal Guarantee - If Bidder does not properly execute the contract and submit the acceptable bonds, insurance and certifications within the specified time; this shall be just cause for the annulment of the award and the forfeiture of the proposal guarantee to the City. The City may then award the contract to next Lowest Responsible Bidder. The forfeited proposal guarantee may be utilized by the City in accordance with Public Contract Code, Sections 20170 through 20174.

3.10 Contract Bonds - Before execution of the contract by the City, the Contractor shall file with the City surety bonds satisfactory to the City in the amounts, and for the purposes, noted below.

Said bond shall be on the form furnished by the City herein.

(a) Performance Bond - The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City, which bond is conditioned upon the faithful performance of all covenants and stipulations under this contract within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The amount of the bond shall be one hundred percent (100%) of the total contract price; as such sum is set forth in the agreement.

Said bond shall be on the form furnished by the City herein.

As a condition precedent to satisfactory completion of this contract, an amount equal to ten percent (10%) of the estimated contract cost shall hold good for the period specified in said bond after completion and acceptance of the work by the City.

(b) Labor and Material Bond – The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City in the sum not less than one hundred percent (100%) of the total contract price, as such sum is set forth in the agreement, for the payment in full of all persons, companies, or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Section 4200 to 4208, inclusive (Chapter 3, Division 5), of the Government Code of the State of California, and any acts amendatory thereof. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid.

Said bond shall be on the form furnished by the City herein. (c) Warranty Bond - The Contractor shall furnish a warranty bond in the amount of ten percent (10%) of the final contract price (total cost including change orders) to guarantee his work for two (2) years after acceptance of the work by the City Council.

Bonds shall be duly executed by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California and secured through an author ized agent with an office in California. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized.

The Contractor shall pay all bond premiums, costs and incidentals. Should an y bond become insufficient due to an increase in the contract amount, the Contractor shall obtain supplemental bonding within ten (10) days.

Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Agreement until a new Surety shall qualify and be accepted by the City.

Changes in the work, or extensions of time, made pursuant to the Agreement, shall in no way release the Contractor or Surety from their obligations. The requirement for notifying the Surety of such changes or extensions shall be waived by the Surety.

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3.11 Notification of Surety Companies - The surety companies shall familiarize themselves with all conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or of decreased or increased work, or of the cancellation of the contract, or of any other act(s) by the City or City's authorized agents, under the terms of this contract, and failure to so notify the aforesaid surety companies of changes shall in no wise relieve the surety companies of their obligation under this contract.

3.12 P
ower of Attorney - Attorneys-in-fact who sign bid bonds or contract bonds must file a certified and effectively dated copy of their Power of Attorney with each bond.

3.13 I nsurance Requirements - Contractor shall provide at his own cost and expense from contract award date to acceptance of the work covered by the contract:
(a) Workmen's Compensation and Employer's Liability Insurance of not less than the amount shown in the Special Provisions for all of his employees to be engaged in the work under this contract. Should any such work be sublet, the contractor shall require each of his subcontractors at any tier similarly to provide Workmen's Compensation and Employer's Liability Insurance, all in strict compliance with Federal and State laws. (b) Personal Injury, Bodily Injury and Property Damage Liability Insurance (including automobiles, products and/or completed operations coverage) and Aircraft and Watercraft Bodily Injury Liability and Property Damage Liability Insurance if contractor uses owned or non- owned water aircraft in his operat ion, with Personal Injury and Bodily Injury (including death resulting therefrom) of not less than a combined Personal Injury and Property Damage Liability limit of not less than the amount shown in the Special Provisions. Should any work covered by the contract be sublet contractor shall require each of his subcontractors of any tier similarly to provide the aforesaid coverages. (c) All Risk (excluding Earthquake and Flood) Builder's Risk Insurance in an amount not less than the value of any work under this contract, except for buried pipelines and appurtenances which need not be included in the insurance value. Under the policies of insurance described above, each policy shall contain the provision for thirty ( 30) days written notice submitted by registered mail from the insurance carrier(s) to the City prior to cancellation or reduction in coverage.

3.14 Special Requirements - Under the policy of insurance described in Section 13.13-b, the policy shall contain the following provisions:
(a) The City and the City's officers, representatives, agents and employees shall be named as additional insureds.
(b) Endorsement providing that such insurance is primary insurance and no insurance of the additional insureds shall be called on to contribute to a loss. (c) Endorsement providing that such insurance shall not contain any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to as "XCU" hazards. (d) Standard cross -liability clause covering personal injury, bodily injury (including death resulting therefrom), and property damage.

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3.15 Builders Risk Insurance - Under the policy of insurance, the policy shall contain the following provisions:
(a) The City shall be included as insured.
(b).. Losses shall be payable to the contractor and City as their interest may appear. (c).. Deductible amounts of all losses covered by insurance shall be borne by the contractor.

3.16 Certificates - Prior to beginning work, contractor shall furnish certificates satisfactory to the City as to contents and carriers of such insurance.

3.17 Lega l Address of Contractor - Contractor's address as shown in the proposal, as well as such office or headquarters the contractor establishes at the site of work, hereby are designated as addresses to which drawings, samples, notices, letters, articles, or other communications to the contractor may be mailed or delivered. The delivery at either of these places of any item or communication from the City or agents thereof to the contractor shall be deemed sufficient service of such delivery. Contractor's address as shown in the proposal may be changed at any time by notice in writing from the contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter, or other article of communication to or upon the contractor personally.

3.18 O
ffice of Contractor at Site - During the performance of the contract, C ontractor shall maintain a suitable office at the site of work which shall be the headquarters of a representative authorized to receive drawings, instructions or other communications or articles from the City or City's agents; any such thing given to said representative or delivered at the contractor's office at the site of work in his absence shall be deemed to have been given to the contractor. Contractor shall maintain a complete set of plans and specifications at the site office whenever work is in progress.

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SECTION 4 - SCOPE AND CONTROL OF WORK

4.01 Work to be Done – The work to be done consists of furnishing all labor, materials, tools, equipment and services necessary to complete the project, as further described in the Notice to Bidders of these Specifications, and as necessary to leave the site in a neat and finished condition with all equipment properly installed and working to the satisfaction of the Engineer.

While the City has endeavored to accurately represent in the plans and specifications the physical conditions which may affect the cost of the proposed work, the City does not warrant the completeness or accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of any such conditions affecting the cost of the work, which would have been disclosed by reasonable examination of the site.

Conclusions pertaining to any test, investigation, statement or estimate of fact incorporated in the plans and specifications shall be considered by the Contractor to be a recommendation only. The Contractor may request equal access to the underlying or background information to arrive at his own opinion thereon, including his determination of how reliable might be any conclusion appearing in (or inferred from) the information. The Contractor may not rely upon “record drawings” or similar final or accepted drawings or maps constructed on public or private property. Such information may be used for reference only. Actual locations and depths shall be determined by field investigations by the Contractor.

No oral or telephonic agreement or conversation with any officer, agent, or employee of the City or the Engineer, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the contract documents.

4.02 Plans and Specifications - It is the intent of the Plans and Specifications to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. For convenience, the Specifications are arranged in several sections, but such separation shall not be considered as the limits of the work required by any separate trade. The terms and conditions of such limitations are wholly between the Contractor and his subcontractors. In general, the Special Provisions, General P rovisions, and other sections of the specifications indicate the responsibilities of the Contractor and the quality of material and methods of workmanship. The plans indicate dimensions, quantities, positions, and various other details of construction.

Any work, materials or equipment that may be reasonably inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for.

When words, which have a well -known technical or trade meaning, are used to describe the work, materials or equipment, such words shall be interpreted in accordance with that meaning. See General Provisions, Section 6.03, “Trade Names or Equals”.

Subheadings and titles printed on the drawings in these General Provisions, in the specifications, and elsewhere in the contract documents, are inserted for the convenience of reference only, and shall not be taken or considered as having any bearing on the interpretation thereof.

4.03 References to Standards and Codes - Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of the opening of bids (or, on the Effective Date of the Agreement if there were no bids), except as may be otherwise specifically stated. However, no provisions of any referenced standard specifications, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City, Contractor or Engineer, or any of their consultants, agents or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the Engineer’s Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the Contractor.

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4.04 Authority of the Engineer – The City has the final authority in all matters affecting the work. Within the scope of the Agreement, the Engineer has the authority to enforce compliance with the Plans and Specifications and the Contractor shall promptly comply with instructions from the Engineer.

The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of materials furnished and work performed; equipment; work execution, rate of progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Agreement, unless otherwise ordered by the City.

4.05 Contract Documents and Precedence - The Contract Documents consist of the documents listed below, in order of precedence. If there is a conflict between component parts of the Contract Documents, the document highest in precedence controls. (a) Change Orders.
(b) Project Directives.
(c) Permits issued by other agencies.
(d) Permits issued by the City.
(e) Agreement and required agreement forms – Bid Bond, Faithful Performance and Labor and Materials Bonds, Warrant y Bond, Insurance Endorsements, Worker’s Compensation Certification.
(f) Project Specifications, in the following order - Addenda, Bid Proposal including all Bid Proposal Forms, Notice Inviting Sealed Proposals, Special Provisions, Technical Provisions, Exhibits to the Proposal, and General Provisions. (g) Project Plans and Drawings.
(h) City Standard Specifications.
(i) City Standard Plans.
(j) Reference Specifications, in the following order – State of California Department of Transportation (Caltrans) State Standard Specifications (current edition), Standard Specifications for Public Works Construction “Greenbook”. (k) Reference Plans, in the following order – State of California Department of Transportation (Caltrans) State Standard Plans ( 2010 edition), Standard Plans for Public Works Construction (2010 edition).

All of the individual components of the Contract Documents are intended to be complementary and what is required by one shall be binding as if required by all. Interpretation of a disputed meaning or intent of the plans and specifications shall be made initially by the Engineer in accordance with the application of the order of precedence. Any final decision required regarding precedence and the clarification of discrepancies in the Contract Documents shall be made by the Engineer.

4.06 Interpretation of Specifications and Drawings - The specifications and the contract drawings are intended to be explanatory of each other. Any work indicated in the contract drawings and not in the specifications, or vice versa, is to be executed as if indicated in both. Should it appear that the work to be done, or any of the matters relative thereto are not sufficiently detailed or explained in these contract documents, including the contract drawings, the contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract so far as may be consist with the terms of the contract. Should any doubt or question arise respecting the true meaning of the specification, the Engineer shall make the final decision.

4.07 F
igured Dimensions - Figured dimensions on the contract drawings shall in all cases be given precedence over scaled dimensions. If figured dimensions do not correspond to scaled dimensions, contractor shall request Engineer to verify the accuracy of the figured dimensions. It shall be the responsibility of the contractor to ascertain the correct scale of all contract drawings in his possession, including those which may have been reduced for reproduction.

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4.08 Errors or Discrepanc ies - If the contractor, in the course of the work, discovers any discrepancies between the drawings and the conditions of the ground, or any errors or omissions in the drawings or in the layout given by stakes, points or instructions, it shall be his duty to inform the Engineer immediately in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the contractor’s risk.

4.09 D rawings to be Furnished by Contractor - As soon as practical after the execution of this contract, the contractor shall supply drawings of devices to be furnished hereunder as are called for herein or as are required by the Engineer to make clear the details of construction and to demonstrate fully that all materials and equipment comply with the intent and provisions of this contract. Unless otherwise herein specified, such drawings shall be submitted to the Engineer for his review. Should the Engineer take exception with any drawings furnished by the contractor, the contractor shall make the revisions required, and resubmit them to the Engineer for review. After a satisfactory review by the Engineer, these drawings shall become a part of this contract and the work shall be done in conformity therewith. No such work shall be begun or devices purchased until the review of the drawings detailing such items have been completed. The review of the drawings shall not relieve the contractor of responsibility, or waive or modify any of the provisions or requirements of this contract.

The Engineer's review of drawings submitted by the contractor will be for, and will cover, only generally conformity to the plans and specifications and will not constitute a blanket approval of all dimensions, quantities and details of the material or equipment shown by (nor shall review relieve the contractor of his responsibility for errors contained in) such drawings.

All shop drawings submitted by the various subcontractors which require review of the City's representative shall first be sent to the contractor who shall keep a record of the drawing numbers and the date of their receipt by him. Contractor shall submit the drawings to City's representative for review in time to prevent delays in delivery of materials.

Contractor shall thoroughly check all such shop drawings for measurements, size of member, materials and details to make sure they conform to the intent of the plans and specifications. Drawings found to be inaccurate or otherwise in error shall be returned by the contractor to the subcontractor for correction before they are submitted by the contractor to the City's representative for review.

4.10 Additional Drawings by City - Contract drawings are intended to be comprehensive and to indicate in detail the scope of the work. However, the Engineer may furnish the contractor additional drawings during the progress of the work in order to clarify and define in greater detail the intent of the contract drawings or specifications. Contractor may request such detailed drawings by s ubmitting his request in writing to the Engineer at least two (2) weeks in advance of the time they are required.

4.11 Li nes and Grades - All work under this contract shall be constructed to the lines, grades and elevations shown on the contract drawings. Contractor shall establish the lines, grades and elevations unless it is otherwise specified in the Special Provisions.

4.12 Record Documents – The Contractor shall keep at the worksite a record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directives, Field Orders and written interpretations and clarifications. These record documents together with all a pproved submittals, samples and shop drawings will be available to the Engineer as a reference at all times. Upon completion of the work, these record documents will be delivered to Engineer.

4.13 Record Drawings –The Contractor shall prepare and update a master “as -built” set of red ink-lined plans, to be reviewed and approved by the Engineer at the end of every month. Drawings shall contain information showing where actual installation differs from that shown on the original drawings, where underground or concealed features are found noting alignment (to 0.25’) and elevation (to 0.1 ’ ), field changes or deletions of work, and any additional work by change order. Upon the project’s completion, and prior to the project’s acceptance, the Contractor shall submit to the City the completed as -built r ecord Drawings on one (1) set of full size prints prepared on 22" x 34" paper.

Record Drawings are full size drawings (Plans) which marked up during construction to delineate

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the actual in- place constructed conditions. Record Drawings shall be provided by the Contractor for this Project. Requirements for Record Drawings as specified elsewhere shall supplement the requirements specified herein.

4.14 Reuse of Documents - Neither the Contractor nor any Subcontractor or supplier or other person or organization performing or furnishing any of the work under a direct or indirect agreement with the City shall have any title or rights to any of the Drawings, Specifications or other documents (or copies thereof) which bear the seal of the design engineer. Such documents shall not be reused on extensions of the project or for any other project without written consent of the City and the design engineer.

4.15 Subsurface Data – If completed, all soil and soil test da ta, water table elevations, and soil analyses included or referred to in the Contract Documents apply only at the location of the test holes and to the depths indicated. If completed, soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.

The elevation of the water table indicated by soil test reports is that which existed on the date the test hole was drilled. It is the Contractor’s responsibility to determine and allow for the possibility of differing ground water elevations on the date of the project’s construction. A difference in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered as a basis for extra work.

4.16 Right-of-Way – Acquisition of right -of-way or permanent easements necessary for the improvements as shown on the plans will be provided by the City. Unless otherwise provided, the Contractor shall make his own arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas, easements, and temporary facilities required. Contractor shall identify and hold the City harmless from all claims for damages resulting from such actions.

4.17 Removal of Defective and Unauthorized Work - Should the Contractor deliberately proceed with any portion or phase of construction which is obviously incorrectly indicated in the contract plans or documents, he shall be responsible for any corrective measures required to make adequate repairs or adjustment. This shall include any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority.

All work that has been rejected shall be remedied or removed and replaced by the Co ntractor in an acceptable manner and no compensation will be allowed for such removal or replacement. If the Contractor fails to remedy rejected work within ten (10) working days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. The Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which the Contractor is liable to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.

4.18 Acceptance of Defective Work - The City shall have the option, at its sole discretion and by written notice to the Contractor, to accept defective work instead of requiring its removal or correction, in which case the contract sum shall be reduced by an amount equal to the difference between the value to the City such work would have were it complete, correct, and in conformity with the Contract Documents and the value to the City of such defective work. Such option shall be exercised solely by written notice to the Contractor and shall not be implied from any act or omission by the City or the Engineer. If the remaining payments and retention are insufficient to cover the amount of the reduction of the contract sum, the Contractor shall promptly pay to the City the amount of any such deficiency.

4.19 Submittals - Within ten (10) working days following the Notice to Proceed, the Contractor shall provide a detailed list for review and approval of all individual submittals required to be submitted under the contract. The list shall reference the specification section and paragraph that requires the submittal along with the date the Contractor plans to transmit the submittal to the City for review.

Unless otherwise requested by the Engineer, submittals shall be provided electronically in .pdf format at least twenty -eight ( 28) calendar days prior to the approval being necessary for the work.

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Submittals shall be transmitted with a Submittal Cover Letter form as approved by the Engineer. Large submittals consisting of reports, oversized or colored pages, full sized shop drawings, manuals contained in binders, or submittals in other forms not easily reproduced shall be provided in hard copy format with six (6) copies.

For items requiring shop drawings, no materials shall be furnished, and no work shall be performed, until the drawings have been favorably reviewed. Shop drawings shall be of a size and scale to clearly show all necessary details.

After review by the City of each of the Contractor's submittals, the material will be returned to the Contractor marked with actions defined as follows:
(a) NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission.

Does not constitute acceptance of deletion of specified or required items not shown in a partial submission.
(b) MAKE CORRECTIONS NOTED - The same as item (a), except that minor corrections as noted by the City shall be made by the Contractor. No resubmission is required. (c) REVISE AND RESUBMIT - Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the City. (d) REJECTED - Submitted material does not conform to plans and Specifications in major respects. This material is not expected to be resubmitted. (e) SUBMIT SPECIFIED ITEM - Submittals not reviewed by the City but received for record purposes.

Favorable review of the shop drawings by the Engineer is interpreted to mean that there is substantial and acceptable conformance with the contract plans, but details of design may not necessarily be checked for adequacy or accuracy. Such acceptance shall not relieve the Contractor from the responsibility for errors or omissions in the shop drawings or from deviations from the contract documents unless such errors, omissions, or deviations were specifically called to the attention of the Engineer in writing. The Contractor shall be responsible for the correctness of the shop drawings, for shop fits and field corrections, and for the results obtained by the use of such plans.

4.20 Substitutions – Proposed requests by the Contractor for changes in products, materials, equipment, and methods of construction required under the Contract Documents after the award of contract are considered "requests for substitutions.” For proposed “or equal” substitutions, attention is directed to General Provision Section 6.03, “Trade Names or Equals.”

Each request for substitution shall be prepared and presented to the City in accordance with the procedures for submittals, except that the following additional information shall be provided.

(a) An explanation of the advantages to the City for accepting the substitution. (b) A comparison of significant qualities of the proposed substitution with those specified. (c) A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors, that will be necessary to accommodate the proposed substitution.
(d) A statement indicating the substitution's effect on the Construction Schedule compared to the Baseline Construction Schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time. (e) Cost information, including a proposal of the net change, if any, in the Contract Sum. (f) Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions, that may be necessary because of the substitution's failure to perform adequately.

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No extension of time will be allowed through failure of the Contractor to either transmit requests for substitution sufficiently in advance of the work, or on account of processing time outside the time limits noted.

4.21 Construction Staking Lines and Grades - Unless otherwise stated in the Special Provisions, the Contractor shall provide, preserve, and replace if necessary, all of the necessary construction stakes required for the construction of the project. Grades for underground conduits will be set on the ground surface and shall then be transferred to the bottom of the trench by the C ontractor.

Stakes or marks will be set by a California Licensed Surveyor or a California Registered Civil Engineer to establish the lines and grades required for the completion of the work as specified in the Contract Documents. It shall be the Contractor's responsibility to notify the Engineer of any discrepancies found between field grades and notes shown within the Contract Documents.

Contractor shall furnish horizontal control and cut sheets to the Engineer immediately upon the setting of construction or boundary markers. Upon completion, all work shall conform to the lines, elevations, and grades shown on the plans.

4.22 Inspection of the Work - All work is subject to inspection and approval of the Engineer.

Unless otherwise stated in the specifications, the City shall perform all required inspections. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Unless otherwise authorized, work shall be done only in the presence of the Engineer. Any wor k done without proper inspection will be subject to rejection. The Engineer shall at all times have access to the work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with the Contract Documents. Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract.

If a portion of the work is covered contrary to the Engineer’s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the Engineer, be uncovered for the Engineer’s observation and be replaced at Contractor’s expense without adjustment of the contract time or the contract sum.

If a portion of the work has been covered, which is not required by the Contract Documents to be observed or inspected prior to it’s being covered and which the Engineer has not specifically requested to observe prior to it’s being covered, the Engineer may request to see such work and it shall be uncovered and replaced by Contractor. If such work is in accordance with the Contract Documents, the costs of uncovering and replacing the work shall be added to the contract sum by change order; and if the uncovering and replacing of the work extends the contract time, an appropriate adjustment of the contract time shall be made by change order. If such work is not in accordance with the Contract Documents, the Contractor shall pay such costs and shall not be entitled to an adjustment of the contract time or the contract sum.

Regular working hours for City Construction Inspectors are between 7:30 a.m. and 4:0 0 p.m., Monday through Friday, excluding City holidays. If the Contractor works outside these times, the Contractor may be charged for additional inspection. Inspection by the Engineer or by a City inspector, or any order measurement, approved modifications, certificate or payment of money, or acceptance of any part of whole of the work, or any extension of time, or any possession by the City or its agents, shall not operate as a waiver for any provision of this contract or of any power reserved therein to the City, or any right to damage thereunder; no breach of this contract shall be held to a waiver of any or subsequent breach. All remedies shall be taken and construed as cumulative.

4.23 Testing - Unless otherwise stated in the Contract Documents, all required testing will either be performed directly by an independent laboratory coordinated and paid for by the C ontractor. The Contractor shall submit the resulting certified test results and Certificates of Compliance for all materials requiring such as specified in the Technical Provision. Contractor shall cooperate with the City in coordinating the necessary testing. The coordination of testing, including the number and location of tests,

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shall be under the direction of the Engineer. All compaction test sites deeper than five (5’) feet below grade shall be properly shored by the Contractor to protect testing personnel.

The cost for performing re-tests due to failures, or additional call-outs if work is not ready to test, will be charged to the Contractor. The City shall require retesting until all re quired tests are successfully passed.

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SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Orders - The Contractor recognizes that the City is a public agency and that it can only act through its duly authorized agents. In this regard, the Contractor agrees that only written change orders, executed by the governing body of the City, shall be valid. The Engineer shall have no authority to issue a change order unless so specifically authorized, and no person shall have authority to issue any oral change order.

5.02 Contractor Liability for Unapproved Change Orders - Unless a valid change order is issued, all changes in the work performed by the Contractor shall be at the Contractor’s own risk, and shall not be entitled to any additional compensation. Furthermore, the Contractor may be required to make the work conform to the plans and specifications. No act or series of acts by the City during the course of the contract shall be deemed to constitute a waiver of the City’s right to rely upon the provisions of this Section 5, “Changes in Work”.

5.03 Non-Material Change Requests by the Contractor - Changes in the plans and specifications requested in writing by the Contractor, which do not materially affect the work and which are not detrimental to the work or to the interests of the City, may be granted to facilitate the work, when approved in writing by the Engineer. If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes or to increase the contract sum or contract time as a result of the proposed change.

5.04 E
ffect of Extension of Time - The granting of any extension of time due to delays which, in the judgment of the City, are unavoidable delays shall in no way operate as a waiver on the part of the City of his rights under this contract.

5.05 Letters of Instruction - The Engineer may issue letters of instruction in the form of Field Orders, Clarifications, responses to Requests for Information, or any other document which makes interpretations or clarifications to the Contract Documents that do not modify the scope of work or involve an adjustment in the contract sum or contract time. Letters of Instruction shall be binding upon the Contractor, and the Contractor shall promptly carry out the requirements of such Letters of Instruction.

5.06 Requests for Information, Inconsistencies and Changed Conditions - Before undertaking each part of the work, the Contractor shall carefully study all pertinent figures shown in the Contract Documents and verify that all applicable field measurements are free of conflicts, errors, discrepancies, inconsistencies and omissions. If such conditions are discovered, the Contractor shall notify the Engineer by writing a Request for Information, and await direction from the Engineer before proceeding.

If the Contractor encounters a changed condition, as defined by one or more of the conditions below, the Contractor shall notify the Engineer by writing a Request for Information before disturbing the condition further.

(a) Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined by Health and Safety Code, Section 25117 that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provision of existing law; and

(b) Subsurface or latent physical conditions at the site differing materially from those represented in the Contract Documents; and

(c) Unknown physical conditions at the site of any unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the work and of the character provided for in the Contract Documents.

No extension of Contract time shall be made by the City due to the Contractor’s failure to provide a timely written notice of any inconsistency or changed condition requiring direction. The Engineer will

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respond to the Contractor’s Request for Information within three working days, providing an interpretation, clarification or change order for an appropriate adjustment in contract time and cost pursuant to General Provisions, Section 5.07, and “Change Orders”. Contractor shall wait for the Engineer’s written response to a Request for Information before proceeding with any work.

The Contractor shall not be liable to the City for failure to report any conflict, error, or discrepancy in the Contract Documents, unless the Contractor had actual knowledge or could foresee such conditions as may be discovered by a reasonable examination of the work site or materials. If the Contractor performs any construction activity in which he knows or should know involves an error, inconsistency, ambiguity, or omission referred to in this Section, without notifying and obtaining the written consent of the Engineer, Contractor shall be responsible for the resultant costs, including, without limitation, the costs of correcting defective work. However, in an emergency affecting the safety of persons or property, the Contractor shall take all reasonably necessary precautions to prevent or minimize damage, injury, or loss.

5.07 Extra and Omitted Work - Whenever corrections, alterations or modifications of the work under this contract are ordered and approved by the Engineer and increase the amount of work to be done, such added work shall be known as Extra Work . When such corrections, alterations or modifications decrease the amount of work to be done, such deleted work shall be known as Omitted Work. The General and Special Provisions shall apply with equal force to all extra and omitted work.

When the Contractor considers that any changes ordered involve extra or omitted work, he shall immediately notify the Engineer in writing and subsequently keep him informed as to when and where the alleged extra work is to be performed.

When extra work reports are agreed upon and signed by both parties, they shall become the basis of payment. When extra work is still under negotiation or has not been agreed upon, the Contractor shall keep daily detailed and accurate records itemizing each element of cost and shall provide certified payroll, invoices, and other substantiating records and documentation with records and/or claims for compensation to be provided no later than 30 days following the time in which the work claiming to be extra was performed.

Unless notification of extra work is docum ented, and unless a complete statement of materials used and expenses incurred is furnished by the C ontractor, the Contractor shall not be entitled to payment of such alleged extra work, and any future claims for compensation will be invalid.

Payment for extra work shall be in accordance with General Provisions, Section 5.08 - “Change Orders”. Omitted work shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted.

5.08 Change Orders – At any time during the progress of the work, and without in any way rendering void the Agreement, the City may order alterations, additions or deductions from the work by change order, without notice to sureties. When so ordered in writing, the Contractor shall proceed with work as directed by the change order.

The change order shall describe the change in the work, the adjustment of the contract sum (if any), and the adjustment of the contract time (if any). The Contractor shall not be entitled to an y extension of time for the completion of the work by virtue of any change order unless the change order specifically provides for this. If, after receiving a change order, the Contractor feels that he is entitled to an extension of time, he may, within five (5) working days file a written claim to that effect for consideration by the Engineer.

The process of submitting a proposed change, a cost proposal, or negotiating an agreed upon change order, or any failure to reach an agreement as to an adjustment in the contract sum or the contract time, shall not relieve the Contractor of his obligation to perform in accordance with the Contract Documents.

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A change order may be in the form of a City directed change order or an agreed upon change order. Upon the receipt of either form of change order, the Contractor shall proceed promptly and diligently with the extra work.
(a) City Directed Change Orders - A City directed change order may be issued by the City without the Contractor’s signature where the City deter mines that it is in the City’s best interest to proceed with the work, and the change does not materially alter the character of the work. The Contractor shall be deemed to have accepted the terms of any City directed change order unless the Contractor as serts a claim with respect to the change order, no later than ten (10) working days following the Contractor’s receipt of the change order. See General Provisions, Section 5.09`, “Disputed Work”. (b) Agreed Upon Change Orders - Within five (5) working days after receiving a request from the City for a written proposal for an agreed upon Change Order, the Contractor shall provide the Engineer with a cost proposal in a form satisfactory to the Engineer, setting forth the Contractor’s proposed adjustments to the contract sum and contract time for performing the extra work.

Compensation for agreed upon change orders shall be calculated based upon the unit prices stated in the Bid Schedule and no additional markup for overhead or profit will be provided unless stated otherwise as follows. If there are no unit prices for the extra work, the Contractor and the City may agree upon unit prices or lump sum costs, which shall be used to increase or decrease the contract sum. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.

1. Quantity Adjustments - Unit prices shall govern not only for alterations to work covered by written specifications and drawings, but also for other work incidental or necessary to completing the work for which written specifications and drawings may be later prepared. Whenever an item of work or materials is specified in the contract by unit price and is increased or decreased by more than 25 percent (25%), Section 9- 1.06 of the Standard Specifications shall govern payment. This Section allows for a renegotiation of the unit pr ice based upon consideration of the total pay item cost. If, however, a renegotiated price cannot be reached by the Contractor and the City, then the payment for this item shall be adjusted by Force Account.

2. Agreed Upon Price – If there are no unit prices for proposed extra work, the Contractor and the City may agree upon unit prices or lump sum costs, by written change order, prior to commencing work. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.

3. Force Account - When extra work is to be paid on a force account basis, the labor, materials and equipment used in the performance of that work shall be paid in accordance with the 2010 State Standard Specification, Section 9- 1.04 “Force Account .” To the total of the direct costs computed, there can be an added markup of up to thirty -five percent (35%) to the cost of labor, up to fifteen- percent (15%) to the cost of materials and up to fifteen -percent (15%) to the cost of equipment. These markups shall constitute ful l compensation for any and all overhead costs, profit, or other costs not specifically designated as a cost of labor, material or equipment. When subcontractors perform force account work, an additional ten- percent ( 10%) markup shall be added to the total cost of the extra work to reimburse the Contractor for additional administrative costs. No markup for any Subcontractor beyond the first tier shall be paid.

During the performance of extra work by Force Account, and as a condition to the Contractor’s right to an adjustment of the contract sum, the Contractor shall prepare daily reports itemizing all costs for labor , materials, and equipment rental and provide certified payrolls . For labor costs, the reports shall include names, job classifications, hours worked and rates of pay. For equipment costs, the reports shall include size, type, identification number and hours of operation. All records and reports shall be submitted to the Engineer for approval on a daily

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basis. Reports shall be made on the State of California, Daily Extra Work Report Form or on a similar form approved by the Engineer.
i. Labor - Labor costs shall be based on the prevailing wage scale for each craft or type of workman, and no compensation shall be allowed for payment in excess of the prevailing wage. Employer payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs shall be included and will be calculated as the Labor Surcharge stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book.
ii. Materials - Materials cost shall be the cost of all materials purchased by the Contractor and used in the extra work and shall be the actual cost of such materials, including sales taxes, freight and delivery charges. The City reserves the right to reject materials to be furnished by the Contractor, sources of supply or, if necessary, to furnish the materials to the Contractor. No compensation will be paid to the Contractor for any material furnished by the City or for materials not used. iii. Equipment Rental - The Contractor will be allowed the actual rental rate of equipment, prorated over the time the machinery or equipment is required. For Contractor owned equipment, this rate shall be as stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book. In addition, the Contractor will be allowed reasonable move-in and move- out charges, if applicable. All equipment shall, in the opinion of the Engineer, be in good working order, good condition, and suitable for its purpose. Equipment or tools having a replacement value of $200.00 or less, whether or not consumed by use, shall be considered small tools and no payment will be made therefore. iv. Other Services or Expenditures - The City may authorize and approve payment for work performed by special forces or necessary services and expenditures other than labor, materials, and equipment rental.

5.09 Disputed Work - When the Engineer and Contractor fail to agree as to whether an alteration ordered by the Engineer constitutes a material change or difference in the character of the work, or fail to agree upon the compensation to be allowed for such altered work, the Contractor shall proceed with the altered work and file with the Engineer, within ten (10) working days after receiving direction from the Engineer, a written protest detailing the particulars of the dispute and the amount of additional compensation or time required for the alteration. Failure of the Engineer to recognize a change in the character of work when ordering alterations shall in no way be construed as relieving the Contractor of the Contractor’s duty and responsibility for filing a protest as prescribed above. The City will not consider additional compensation for altered work unless the Contractor files a written protest within ten (10) working days after receiving direction from the Engineer.

If the Contractor has complied with the notification requirements of this sub- section, consideration of payment due shall be made as later determined through claim resolution procedures as set forth in General Provisions, Section 10, “Measurement and Payment”.

Although not to be considered as approval for proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with General Provisions, Section 5.07, “Extra Work”.

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SECTION 6 - CONTROL OF MATERIALS

6.01 Materials and Workmanship - All materials, parts and equipment furnished by the Contractor in the work shall be new, high grade, and free from defects. Workmanship shall be in accordance with generally accepted standards. Materials and workmanship shall be subject to the Engineer’s approval.

Materials and workmanship not conforming to the requirements of these specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at his expense, when so directed by the Engineer.

If the Contractor fails to replace any defective or damaged work or material after notice from the Engineer, the Engineer may cause such work or materials to be replaced. The replacement expense shall be deducted from the amount to be paid to the Contractor.

Used or secondhand materials, parts and equipment are permissible only if permitted by the Special Provisions.

Specialized material or equipment to be used in the work that is not readily available from material suppliers (such as electroliers, luminaries, signal poles, heads, cable, controllers, pumps, etc.) shall be ordered within five (5) days after award of the contract. Time extensions will not be granted for project delays due to the unavailability of such specialized material and equipment unless the Contractor furnishes the Engineer with documentation of purchase order dates, acceptable reason for delay of delivery, or proof of diligent efforts to obtain said items from alternate sources.

The Contractor shall provide the Engineer with periodic reports to inform the Engineer of any changes in the projected material or equipment delivery dates.

6.02 Protection of Work and Materials - The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and equipment for the duration of his contract.

The Contractor shall not, without the City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessar y for the completion of the contract.

6.03 Trade Names or Equals – In accordance with Public Contract Code Section 3400, whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by the name of a manuf acturer or supplier, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal”.

Because products specified may have a uniqueness that can’t be matched, the Contractor must “bid” the work based upon the products specified. If, during the submittal process, an equivalent product is proposed by the contractor, the contractor shall provide data to show that the product is considered equal. Contractor shall also identify any price differences, which shall be considered as part of the substitution and if accepted, shall result in an appropriate credit or cost to the City by change order should the substitution be made.

Unless otherwise authorized by the Engineer, the proposed substitution must be submitted in sufficient time, before the normal use or installation of the material, process or equipment, for the Engineer to determine the equivalency and for the Contractor to make any required purchases (including delivery).

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The Engineer sha ll be responsible for solely determining whether the material proposed for substitution is equivalent to that specified, and the Engineer’s findings shall be final. If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material.

The specified contract completion time shall not be affected by any circumstances developing from the provisions of this Section.

6.04 Inspection of Materials by City - Unless otherwise specified, inspection may be required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coa ting application, and similar shop or plant operations.

Standard items of equipment such as electric motors, conveyers, elevators, plumbing fixtures, etc., are subject to inspection at the job site. Special items of equipment such as designed electric al panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Special Provisions may specify additional inspection requirements.

6.05 Inspection of Materials by Others - When the City does not elect to make its own inspection at the source, the City may, at its expense, engage an inspector or accredited testing laboratory to inspect the materials, equipment or process. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the plans and specifications. No materials or equipment shall be shipped nor any processing, fabrication or treatment of such materials shall be done without a favorable inspection by the engaged agent. These materials shall be subject to re- inspection at the job-site.

6.06 Tests of Materials - Before incorporation into the work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the City. The Contractor, at his own expense, shall deliver the materials for testing to the place, and at the time designated, by the Engineer.

Unless otherwise provided by the Special Provisions, all testing shall be performed under the direction of the Engineer, and at no expense to the Contractor.

The Contractor shall notify the City in writing at least fifteen ( 15) days in advance of his intention to use materials for which tests are specified, to allow sufficient time for the City to perform the tests. The notice shall name the proposed supplier and source of material.

6.07 Certification – The Engineer may waive material testing requirements of the Specifications and accept the manufacturer’s written Certificate of Compliance or test data demonstrating that the materials to be supplied meet the requirements of the specifications. A Certificate of Compliance is acceptable for authorizing the use of steel pipe in sizes less than eighteen ( 18) inches and vitrified clay, cast iron or ductile iron pipe in all sizes. All materials used on the basis of a Certificate of Compliance may be sampled or tested by the City at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of the responsibility for incorporating m aterials in the work which conforms to the requirements of the Contract Documents.

6.08 Weighing and Metering Equipment – All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the pas t twelve (12) months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County,

The accuracy of the work by a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented to the Engineer for approval prior to operation, and shall be renewed whenever required by the Engineer at no cost to the City.

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All scales shall be arranged so they may be read easily from the operator’s platform or area.

They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within one-percent (1%) when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area such that the error in weighing with the entire plant running will not exceed two-percent (2%) for any setting nor one and one half percent (1.5%) for any batch.

6.09 Calibration of Testing Equipment – Testing equipment, such as but not limited to, pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed twelve ( 12) months, and following repairs, modification, or relocation of the equipment.

Calibration certificates shall be provided when requested by the Engineer.

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SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation - Pursuant to Government Code, Section 4215: “in any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is the subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the Contractor for the costs of location, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. The Contract documents shall include provisions that the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities .”

7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure - The Contractor shall locate and protect service laterals, conduits, and appurtenances of any underground facility, the presence of which could be reasonably inferred from the Contract Documents or from the presence of visible facilities such as buildings, meters, and junction boxes, prior to doing any work that may damage any such facilities, or interfere with their service. Where underground main distribution conduits, such as water, gas, sewer, electric power, telephone, or cable television are shown on the plans, the Contractor shall assume that every parcel will be served by a service connection for each type of utility. The Contractor shall comply with all requirements for the protection of underground infrastructure as set forth in Government Code, Sections 4215 through 4216.9.

It shall be the Contractor’s responsibility to complete all work in a manner that satisfies utility company standards, providing if requested, detailed plans prepared by a California Registered Civil Engineer showing necessary temporary support of utilities during coordinated construction work. The Contractor is directed to contact these agencies before submitting bids and to be familiar with their requirements and shall include all costs of this coordination within the proposals bid prices.

The Contractor agrees to assume liability and to hold the City of San Carlos, its officers, and employees harmless from any damages resulting from the existence of underground utilities and structures not reported to the Engineer, not indicated on the public records examined, or located at variance with that reported or shown on records examined.

7.03 Location - The City will search known records and indicate on the plans those utilities, except service connections, which may affect the work. All available information regarding removal, relocation, or disconnection of utilities, or installation of new utilities, will be furnished to prospective bidders before the receipt of bids. The Contractor shall immediately report to the Engineer those utilities omitted from the plans or found substantially at variance with the location shown.

Existing and proposed utilities and improvements are shown in their approximate locations.

Locations may not have been field verified and no guarantee is made as to the accuracy and completeness of the information shown. The fact that any facility is not shown on the plans shall not relieve the Contractor of his responsibility under this Section. It shall be the Contractor’s responsibility to determine the existence and location of utilities shown on the plans, indicated by field locating services, or evidenced by facilities visible in the field. No additional compensation will be allowed for delays incurred as a result of the Contractor’s failure to field verify and/or pothole existing utilities prior to beginning construction. Potholing shall be considered as part of the various contract bid items and no additional compensation will be allowed.

At least three (3) working days prior to commencing work, the Contractor shall request that utility and agencies mark or otherwise indicate the location of their substructures. Contractor shall contact Underground Service Alert (USA) at (800) 642- 2444 and the Engineer at least forty -eight (48) hours prior to excavation. The location of utilities as shown on the plans are approximate and are not to be construed as certainty. It shall be the Contractor’s responsibility to determine the true location and depth of all utilities and service connections affecting or conflicting with the work, prior to the performance of the

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work. As necessary, the Contractor shall pothole these utilities prior to working in the area to avoid damage to them. Potholing shall be considered as part of the contract bid items, and no separate payment will be made. Contractor shall familiarize himself with the type, material, age and condition of any utility which may be affected by the work.

7.04 Protection - As necessary or as directed by the Engineer, the Contractor shall field adjust proposed improvements to avoid conflicts with existing improvements. The Contractor shall not interrupt the service function or disturb the supporting base of any utility, without authority from the utility Owner or order from the City.

Where protection is required to ensure support of existing underground, overhead and at -grade utilities (including their associated structures and service connections) as shown on the plans, the Contractor shall furnish and place the necessary protection at his expense. In case of damage, the Contractor, without additional compensation, shall restore utilities to as good of a condition as they were found.

Upon learning of the existence and location of any utility omitted from or shown incorrectly on the plans, the Contractor shall notify the City and be fully responsible for protecting such utility. When authorized by the Engineer, additional protection may be paid by change order, for utilities other than a service connection.

The Contractor shall immediately notify the Engineer and the uti lity owner if he disturbs, disconnects or damages any utility. If the utility is located substantially as indicated on the plans, the Contractor shall bear the costs of repair or replacement.

When placing concrete around or contiguous to any utility, the Contractor shall at his expense, furnish and install a cushion of expansion joint material, clear opening, sleeve, or other suitable material approved by the Engineer so as to prevent embedment or bonding of the utility with the concrete.

7.05 Shut Do wn Notification – The City is in -charge of the sewer and storm water collection systems, traffic signals and street lighting system and as such the Contractor shall coordinate shut downs of these utilities and facilities with the City’s Engineer and Public Works Maintenance Department . The Contractor shall also coordinate the shutdown of all other utilities, including, but not limited to water, electricity, gas, communications, or CATV with the corresponding utility owner.

Shut downs of any utility or other facility, when allowed, shall be done only after :

A. T he Contractor has coordinated with and notify the Engineer/Utility Owners in writing, at least seventy-two (72) hours in advance of the shut down, and, B. H as properly notified customers (residents, businesses/agencies) emergency response staff, and, C. Has all materials required for the work at the job site prior to requesting a shut off.

Except for scheduled shutdowns and in cases of emergency, the Contractor shall notify all customers and effected parties of a shutdown at least forty -eight (48) hours in advance by writing and four (4) hours in advance by person to allow adequate draw time. Once shut down, the Contractor shall proceed with the work in an expedient manner until the water lines or sewer lines are back in service.

7.06 Removal - Unless otherwise specified, the Contractor shall remove all portions of interfering utilities shown on the plans as ‘abandoned’ or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the utility Owner whether abandonment is complete. The costs involved in the removal and disposal of utilities to be abandoned shall be considered as part of the contract bid items, and no separate payment will be made.

7.07 Relocation - When feasible, the utilities within the area affected by the work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Contract Documents or plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utilities and the work will be done at no cost to the Contractor.

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Utilities interfering with the permanent project work, discovered after the award of the contract, shall either be relocated, altered, or reconstructed by the utility, or the Engineer may order changes in the work to avoid interference. Such changes will be paid for in accordance with General Provisions, Section 5, “Changes in Work”.

When the plans or specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be absorbed in the contract bid items. Temporary or permanent relocation or alteration of utilities by the Contractor for his own convenience shall be his responsibility, and he shall make all arrangements, obtain all approvals, and bear all costs. The Contractor may, for his own convenience or to expedite the work, agree with the owner of any utility to disconnect and reconnect interfering service connections. The City shall not be involved in any such agreement.

7.08 Delays - The Contractor is responsible for notifying utility companies in time to prevent delays attributable to utility relocations or alterations as called for in the Contract Documents. The Contractor shall not be entitled to damages or additional payment if such delay does occur. The Engineer will determine the extent of the delay based on the Baseline Construction Schedule (Section 8.05) and on the project as a whole, and any commensurate extension of time.

7.09 Cooperation - When necessary, the Contractor shall conduct his operations so as to permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.

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SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed - Within twenty-one (21) calendar days following receipt of the signed agreement, bonds and insurance, the City shall issue the Contractor a Notice to Proceed provided that the documents are acceptable to the City. Unless stated otherwise, the contract t ime shall commence upon the receipt date on the Notice to Proceed.

8.02 Commencement of Work - Work shall commence within fifteen (15) calendar days following the receipt date on the Notice to Proceed, and shall be diligently prosecuted to completion with in the time provided in the Notice to Bidders.

8.03 Subcontracting - Unless otherwise indicated by the Special Provisions, the Contractor shall perform the majority of the project work.

8.04 Administrative Duties - The Contractor shall coordinate the scheduling and timing of administrative duties with other activities to avoid conflicts and to ensure orderly project progress. Such activities include, but shall not be limited to, the preparation of construction schedules, preparation and processing of submittals, requests for information and responding to requests for quotations, attending and preparing for progress meetings and coordinating project closeout activities.

8.05 Baseline Construction Schedule – Within ten (10) calendar days of the Notice to Proceed, the Contractor shall submit to the Engineer an acceptable Critical Path Method (CPM) progress schedule showing the critical path for completing the various items of work within the number of contract days specified. The schedule shall show the order in which the Contractor proposes to carry out the major items of work and the dates on which he will start and finish the various items (including procurement of materials and equipment). If requested, the schedule shall be resource loaded to reflect person/crew hours and equipment loading for various construction activities in order for the City to better evaluate the proposed schedule.
(a) City Review of Schedule – The City may review and note exceptions to the Contractor’s schedule, if it is not sufficiently detailed to clearly show the work to be completed during each month to assure the completion of the work within the project duration. The Contractor will be solely and exclusively responsible for resolving any exceptions, and the City’s review will not create any scheduling obligations of the City. Any noted corrections to the schedule shall be addressed within five (5) working days. (b) Update of Schedule – After submission of a schedule to which the City has taken no exceptions, the Contractor shall submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the work. The updated schedule must show the “As Constructed” progress up to the date for which the schedule has been prepared and reflect any proposed changes in the method of operations, to achieve the project milestones within the required project duration. (c) Float – The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as “float”. The float will be assigned to the project and available for the City , at the Engineer’s discretion, to allocate the “float” to the Contractor as needed to complete the work in accordance with the agreement.
(d) Failure to Submit Schedule – If the Contractor fails to submit a schedule within the time periods specified in this sub- section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedule is submitted and/or corrected in accordance with the Contract Documents.

8.06 Three-Week Look Ahead Schedule - The Contractor is required to furnish to the Engineer, on a weekly basis at the project’s progress meetings, a three-week look ahead schedule. The schedule must show planned activities in sufficient detail to allow proper monitoring of the planned construction activities.

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8.07 Construction Sequence - The Contractor shall prepare and submit at the pre- construction meeting a staging or phasing plan identifying the sequence of construction work and traffic control needed to complete the project. The staging plan shall be subject to review and approval by the Engineer, prior to the start of construction. The goal of the phasing plan will be to minimize impacts to surrounding businesses and residents in the project areas. W hen required by the Special Provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.

8.08 Recording Existing Conditions - Existing conditions throughout the project site shall be photographed and/or videotaped by the Contractor before starting construction. Recording shall include and show every detail of existing improvements, including the current condition of the curb, gutter, sidewalk, signs, landscaping, streetlights, structures near the project including face of buildings, canopies, shades, fences and any other features within the limits of work. Photos and/or videotape shall be delivered to the Engineer at the pre-construction meeting.

8.09 Preconstruction Conference - The City shall designate a date and time for the pre- construction conference once the contract has been fully executed. At the pre- construction conference, the City shall discuss various administrative procedures and project coordination issues. At a minimum, the Contractor should be prepared to furnish and discuss the following:
(a) Letter designating the Superintendent.
(b) A list of key personnel and emergency contact information including telephone numbers to be used in case of emergency
(c) Sequence or phasing plans identifying the phasing of construction work and any alternative sequences for consideration.
(d) Traffic control plans associated with the staging plans (to be signed and stamped by a Licensed Traffic Engineer).
(e) A draft of the master Baseline C onstruction Schedule, in Critical Path Method (CPM) format (to be finalized no later than ten (10) days after the Notice to Proceed). (f) A breakdown of lump sum bid items to be used as a basis for determining the value of work completed on future progress payments.
(g) A submittal schedule listing all project submittals that will need to be reviewed and a listing of proposed material suppliers.
(h) Utility company coordination and/or permit issues.
(i) Videotape and/or photography of the project’s existing condition (to be completed prior to starting construction.
(j) Anticipated cash flow projections, if requested by the engineer.

8.10 Progress Meeting - The Contractor, Job Superintendent and Subcontractors, if requested by the City, shall attend weekly progress meetings to be scheduled by the Engineer at a time agreeable to both the Engineer and the Contractor. Contractor shall also attend special meetings in addition to regular progress meetings if necessary and directed by the Engineer.

8.11 Hours of Construction - Construction activities shall be limited to the hours of 8:0 0 a.m. to 6:00 p.m., unless otherwise noted or further restricted in the Contract Documents, or as directed by the Engineer. No work shall be done on weekends, holidays or outside these specified hours, unless otherwise approved by the Engineer. The Contractor shall take into consideration and coordinate time constraints for special events or activities organized by the City or other agencies. No mechanical equipment, including hauling or deliveries by trucks, shall start before 8:00 a.m. and all equipment must shut down before 6:00 p.m. unless approved by the Engineer.

8.12 Prosecution of Work - To minimize public inconvenience and possible hazards and to restore the streets and other work areas to their original condition and former state of usefulness as soon as practicable, the Contractor shall diligently prosecute the work to completion. If, in the Engineer’s

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opinion the Contractor fails to prosecute the work to the extent that the above purposes are not being accomplished, the Contractor shall, upon orders from the Engineer, immediately take the steps necessary to fully accomplish said purposes. All costs for prosecuting the work as described herein shall be absorbed in the Contractor’s bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Engineer may suspend the work in whole or in part, until the Contractor takes said steps. With or without such suspension, the Engineer may cause such steps to be taken by force account or by other means at the Contractors expense.

8.13 Suspension of Work - Work may be stopped or suspended in whole or in part for up to ninety (90) days when, in the Engineer’s opinion, the suspension is necessary and in the interest of the City. The Contractor shall immediately comply with any written order of the E ngineer suspending work.

Such City directed suspension shall be without liability to the Contractor on the part of the City.

Suspended work shall be resumed upon written order of the Engineer. An extension of contract time equal to the period of suspension shall be issued to the Contractor by change order. Any claim by the Contractor for an adjustment of the contract sum or the contract time shall be made within ten (10) working days after the end of the work suspension.

If work is suspended through an y fault of the Contractor, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the work during periods of suspension, the City may elect to do so, and shall deduct the cost thereof from monies due the Contractor. Such action will not relieve the Contractor from any liability.

8.14 Default by the Contractor and Termination of Control - As a result of any of the following events, the Contractor shall be deemed to be in default:
(a) If the Contractor is in bankruptcy or makes a general assignment for the benefit of creditors, or
(b) If the Contractor fails to make prompt payment to subcontractors for labor or materials, or (c) If a receiver is appointed on account of the Contractor’s insolvency, or (d) If the Contractor fails to provide enough properly skilled workmen or enough materials to insure compliance with the construction time schedule, or (e) If the Contractor fails to perform any portion of the work within the timing requirements of the Contract Documents, or abandons the project site, or (f) If the Contractor disregards instructions from the Engineer or violates any provision of the contract, or
(g) If the Contractor fails to replace or repair any damage caused by the Contractor or its agents, representatives, contractors, subcontractors, or employees in connection with the performance of the work, or
(h) If the Contractor violates any legal requirement related to the work.

In case of default, the City may give written notice to the Contractor and the Contractor’s bonding agent that if the default is not remedied within ten (10) calendar days or the Contractor does not provide adequate written assurance to the satisfaction of the Engineer that the cure will be forthcoming, the Contractor’s control over the work may be terminated as of the date specified in the written notice.

Upon such termination of control the City may enter upon and take possession of the entire work and may also take possession, for the purpose of completing the work, of all of the Contractor’s tools, equipment and appliances upon the work, and all materials on the site or stored off-site for incorporation into the work. The City may, at its sole option and without further notice to anyone, complete the work by day labor, by contract entered into by negotiations, by competitive bidding, by calling upon the performance of the performance bond surety, or by other means as the City, in its discretion, shall elect.

After termination of the Contractor’s control over the work as herein provided, the Contractor shall not be entitled to any further payments under the contract until the entire work thereunder has been fully

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completed and finally accepted by the City. After such completion and acceptance, if the “unpaid balance of the contract price” (as defined in the next paragraph) exceeds the sum of the amounts expended by the City in taking over and completing the work, including all managerial and administrative expense incurred by the City on account thereof and the amount of all damages incurred by the City by reason of the Contractor’s default, such excess shall be paid to the Contractor. If the said amount expended exceeds the unpaid balance, the Contractor and his surety shall be liable to the City for the difference. At the Contractor’s request, the expense incurred by the City in taking over and completing the work, and the amount of any damage incurred by the City by reason of the Contractor’s default shall be audited and certified by an independent third party, whose certificate thereof shall be binding and conclusive upon the parties.

For the purposes of the computations required by the paragraph above, the “unpaid balance of the contract price” shall be the original contract price as adjusted by any change orders issued prior to termination of the Contractor’s control, less all payments made on account thereof prior to such termination, and less any and all amounts withheld or paid pursuant to stop notices filed with the City upon claims of subcontractors or others from equipment, labor or materials furnished to the work on behalf of the Contractor.

Upon completion and acceptance of the work, the Contractor shall be entitled to the return of all materials not used in the work, but without claim against the City for loss or damage with respect thereto, and shall be entitled to the return of all his equipment, tools and appliances taken possession of by the City, but without claim against the City for any charge for the use thereof or for usual and ordinary depreciation and wear and tear.

The exercise of remedies provided for in this sub- section, for default by the Contractor, shall be in addition to, and shall not be deemed a waiver by the City of any other rights or remedies due the City under the contract provisions, for default by the Contractor.

8.15 Contractor’s Right to Stop Work or Terminate Contract – The Contractor may give written notice to the Engineer of intention to stop work or terminate the Agreement, or both i f the work should be stopped by order of any court or other public authority, through no act, omission or fault of the Contractor or any Subcontractor, agent or employee of the Contractor, and such work stoppage under such order shall continue for thirty (30) consecutive days from the effective date of such order

If, after the Contractor provides notice to the City of any of the above defaults, the City does not remedy the default within ten (10) calendar days, the Contractor may stop work and may give the City written notice of contract termination. The Contractor may then recover from the City payment for all work executed to date and any loss sustained upon any equipment or materials procured for the work prior to the work stoppage. No compensation for loss of anticipated profits will be provided, however, on work not completed. The Contractor’s right to recovery shall be subject, however, to the duty of the Contractor to mitigate all loss or damage so far as reasonably possible.

8.16 City’s Right to Terminate Contract – The City may, at its option, terminate the Agreement, in whole or from time to time in part, at any time by giving notice to the Contractor. Upon such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of the Contractor, the City shall pay the Contractor in accordance with this sub-section. Upon termination, the obligations of the Contractor for portions of the work already performed shall continue.

(a) Upon receipt of a Notice of Termination, the Contractor shall, unless the notice directs otherwise, do the following:

1. Immediately discontinue the work to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion of the work that are not to be discontinued.

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3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the work.

4. Thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect materials, plants, and equipment on the project site or in transit thereto.

(b) Upon such termination, the City shall pay to the Contractor as a sole and exclusive remedy for the termination, the sum of the following, and the Contractor will be entitled to no other compensation or damages, and expressly waives same:

1. The amount of the contract amount allocated to the portion of the work properly performed by the Contractor as of the date of termination, less sums previously paid to the Contractor, plus

2. Previously unpaid costs of any items delivered to the project site which were fabricated for subsequent incorporation in the work, plus

3. Any proven losses with respect to materials and equipment directly resulting from such termination, plus

4. Reasonable demobilization costs in excess of what would have been incurred if work were not terminated, plus

5. Reasonable costs for preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination.

The City may terminate the Agreement at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority.

8.17 Time of Completion and Days Charged - The Contractor shall diligently prosecute and fully complete the work within the number of calendar or working days set forth in the Notic e inviting Sealed Proposals or shall be subject to liquidated damages. Time is of the essence in the performance of all obligations under the Contract Documents, and all timing requirements shall be strictly adhered to unless otherwise modified by the City. See General Provisions, Sections 8.12, “Prosecution of Work”, and 8.18, “Liquidated Damages”.

Under a calendar day contract, City observed holidays and inclement weather delays are to be anticipated and unless there is a deviation from what is customary for the time of year the project is under construction, no additional days will be granted. Every day, including holidays, Saturdays and Sundays shall be counted as a day charged under a calendar day contract.

Under a working day contract, the Contractor will be given credit for City observed holidays and inclement weather delays, in accordance with the State Standard Specifications. Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weather, or the conditions resulting from the weather prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least seventy- five percent (75%) of the normal labor and equipment force engaged in the current controlling operations for at least sixty percent (60%)of the total daily time being currently spent on the controlling operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter.

8.18 Liquidated Damages - The City and the Contractor, by execution of the agreement, each agree that time is of the essence in the performance of the work, and that actual damages for inconvenience and loss from any delay in completion of the contract beyond the date provided in the Notice to Bidders is extremely difficult or impossible to determine.

The City and the Contractor further agree, as specified in the Notice to Bidders, that liquidated damages shall be assessed for each and every calendar day required to complete the contract in excess of the contract time established for the project, and that the amount stated therein is a reasonable

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estimate of the amount of such damages. The Engineer may deduct any liquidated damaged owed to the City, as determined by the Engineer from any payments otherwise payable to the Contractor under this agreement.

In addition, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges.

Separate from the above- mentioned liquidated damages, the Contractor shall be responsible for paying all damages incurred by private businesses (residential, commercial or industrial), schools and hospitals due to non-completion of the project by the date specified.

Nothing contained herein shall limit the City’s rights or remedies against Contractor for any default other than failure to complete the work within the contract time. This provision for liquidated damages shall not be applicable nor act as a limitation upon the City if the Contractor abandons the work.

In such event, the Contractor shall be liable to the City for all losses incurred.

The date of the Engineer’s Certificate of Substantial Completion shall be the termination date, if applicable, of liquidated damages.

8.19 Delays and Extensions of Time
(a) Excusable Delays - shall mean delays in the prosecution or completion of the work which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor, suppliers, or any tier of the Contractor’s subcontractors. Excusable Delays fall into the following categories:

1. Abnormal Delays – Excusable Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials insofar as they prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical path activity.

2. Weather Delays – Excusable Delays due to inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five percent (75%) of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of the current critical path activity.

3. Material Shortage Delays – Excusable Delays due to shortages of material, provided that the Contractor submits satisfactory proof to the Engineer. For the proof to be satisfactory, the Contractor must demonstrate that he has made every effort to obtain the materials from all known sources within reasonable reach of the proposed work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as an excusable delay, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical price, unless it is shown to the satisfaction of the Engineer that such material was only available at exorbitant prices. A material shortage delay will not be considered for material ordered or delivered late or for material whose availability is affected by virtue of mishandled procurement. The above provisions shall apply equally to equipment to be installed in the work.
(b) Compensable Delays - shall include delays that occur in the prosecution or completion of the work, through no fault of the Contractor which prevent the Contractor from proceeding with at least seventy -five percent (75%) of the normal labor and equipment force for at

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least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following causes:

1. Delays due solely to the actions and/or inactions of the City.

2. Delays due to changed condit ions as defined in General Provisions, Section

5.05, “Requests for Information, Inconsistencies and Changed Conditions”.

3. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the work as defined above.
(c) Inexcusable Delay - means any delay in the completion of the work beyond the expiration of the contract time resulting from causes other than Excusable Delays or Compensable Delays. An Inexcusable Delay shall not entitle the Contractor to an extension of t he contract time or an adjustment of the contract sum. In addition to liquidated damages for inexcusable delays, the Contractor agrees to pay the City’s actual costs, including charges for engineering, inspection and administration incurred during the del ay. (d) Concurrent Delays - those periods of delay when the prosecution of the work is delayed during the same period of time due to causes from a combination of the delays defined as Excusable, Compensable or Inexcusable.

If the Contractor desires an extension of time, he shall file a written request based upon the delays reported. The Engineer will ascertain the facts, the extent of the delays, and the effect upon the entire project, and the City will grant an extension of time equivalent to verified time lost. The request for an extension of time must be made no later than ten (10) working days after the start of the condition that purportedly caused the delay, and no later than fifteen (15) working days after the date on which performance on the condition purportedly causing the delay has ended.

Contractor may make a delay claim for an extension of the contract time for an Excusable Delay or a Compensable Delay. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the contract time shall be the number of calendar days from the commencement of the first delay to the cessation of the delay which ends last. If an Inexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maxi mum extension of the contract time shall be the number of calendar days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Inexcusable Delay.

For a Compensable Delay, the Contractor may make a delay claim for an adjustment in the contract sum in an amount equal to the sum of the actual and unavoidable additional costs of labor, material, and equipment furnished at the site by the Contractor or subcontractors, including wages, salaries, fringe benefits and payroll taxes.

Extensions of time, when granted, will be based upon the effect of delays to the project as a whole and will not be granted for non- controlling delays to minor portions of the work unless it can be shown that such delays did, in fact, delay the progress of the projec t as a whole. For purposes of determining delays, all float associated with the project schedule shall belong to the project. See General Provisions, Section 8.05, “Baseline Construction Schedule”.

If delays are caused by unforeseen events beyond the control of either the Contractor or the City, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to these delays. War, governmental regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor because of Federal Government restrictions arising out of National Defense, required extra work, action or inaction by the City, or other specific reasons as may be further described in the specifications may constitute such a delay. If delays beyond the Contractor’s control are caused by reasons other than those mentioned above, but are substantially equal in gravity to those enumerated, an extension of time may be granted, if deemed by the Engineer to be in the best interests of the City.

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The Contractor shall be entitled to an extension of time if delayed due to a failure of the City to furnish necessary right -of-way or materials which the City agreed to furnish, or by the City’s failure to supply necessary plans or instructions concerning the work, after written request by the Contractor.

For Compensable Delay periods resulting in indirect overhead expenses, the Contractor shall be reimbursed as provided for in General Provisions, Section 5, “Changes in Work”.

8.20 Substantial Completion – When work in accordance with the Contract Documents has progressed to a stage of one- hundred percent (100%) complete, as determined by the Engineer, except for the completion of minor punch list items of deficiencies or omissions in the work which require correction in order to satisfy the agreement, yet do not impair the City’s ability to occupy and fully utilize the work for its intended purpose, the project shall be deemed “Substantially Complete”. Portions of the work may also be designated by the City as substantially complete if the Contract Documents require separate delivery.

When the Engineer determines that the work or such designated portions of the work are substantially complete, the Engineer will prepare and sign a Certificate of Substantial Completion. The date of substantial completion shall establish the date at which days charged against the project duration shall terminate. The date of substantial completion shall also establish the date of occupancy by the City and the transfer of responsibility from the Contractor to the City for such items as security, maintenance, heat, utilities, insurance, and damage to the work from causes other than that of the Contractor. Unless otherwise indicated in the Certificate of Substantial Completion, the Contractor’s guarantee for the work shall commence upon the date of substantial completion. See General Provisions, Section 11.01, “Contractor’s Guarantee”.

8.21 Project Closeout - After the Contractor has received the Certificate of Substantial Completion and has only minor work remaining, project closeout may begin. The following items and procedures are required as part of the project close out process. (a) Following the completion of punch list items, the Contractor shall make a written request to the city to conduct a final inspection. The written request shall be accompanied by a Certification that the work has been performed in accordance with the Contract Documents.
(b) Within fourteen (14) days of receipt of the Contractor's Certificate of Completion, a final inspection will be scheduled and conducted by the City. As a result of the inspection, the City will advise the Contractor of any work that must be completed or corrected before Acceptance, in the form of a punch list.
(c) The City will conduct a re- inspection of the punch list items within when requested by the Contractor, in writing, with assurances that the punch list requirements have been met.

Any charges by a Consulting Engineer/Architect hired by the City to do repeat re- inspection of the punch list may be recovered from the Contractor. (d) The contractor shall provide a final payment request with lien releases (if applicable) in a format acceptable to the City.
(e) The as-built drawings and all record documents and shall be provided to the City by the Contractor including but not limited to, equipment operation and maintenance manuals, copies of warranties, shop drawings, product data, etc. Record documents shall be properly identified and organized into binders.

8.22 Final Completion - After the Contractor has received the Certificate of Substantial Completion along with the punch list, and has completed the items identified as necessary for project closeout, the Engineer will make a determination as to if the work is fully completed and in accordance with the Contract Documents. If so, the Engineer will recommend final acceptance to the City Council.

Should it become necessary, due to developed conditions, for the City to occupy any portion of the work, or any part of any structure or equipment, before the contract is completed or accepted, such occupancy shall not constitute an acceptance of any part of the work, unless so stated in writing by the City.

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8.23 Final Acceptance – Final acceptance by the Engineer will be considered after the work has been fully completed. A Notice of Completion will be filed with the County Recorder once Final Acceptance has been made.

8.24 Risk of Loss - The Contractor shall be responsible for the charge, care and protection of the project and shall bear all risks of injury or damage to the work, materials or equipment delivered to the site, by any means including fire, earthquake, wind, storm or other action of the elements, vandalism, or loss by theft, from the date of Notice to Proceed to the date of the filing of the Notice of Completion by the Engineer. The Contractor shall rebuild, repair, restore and make good all injuries or damage to any portion of the work, and shall bear the entire expense thereof, except such injuries or damages that are caused by riot, insurrection, acts of the Federal or State Government, or a public enemy in time of war.

8.25 Use of Improvements During Construction - The City reserves the right to take over and utilize all or part of any completed facility or appurtenance. Such action by the City will not relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement res ulting from use by public traffic, from the action of the elements or from any other cause attributable to the Contractor’s operations or negligence. The Contractor will be required to restore such portions of the improvement before final acceptance. Nothing in this Section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.

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SECTION 9 —RESPONSIBILITIES OF THE CONTRACTOR

9.01 Contractor’s Responsibility for the Work - The Contractor shall supervise, coordinate, and direct the work using Contractor’s best skill and attention. Contractor shall have control over and be solely responsible for construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the work in accordance with the terms of the Contract Documents until the completion and final acceptance of the work by the City. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

The Contractor shall rebuild, repair, restore and make good all injuries, damages, re- erections and repairs occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, excepting as otherwise stipulated.

9.02 Contractor’s Responsibility for Subcontracted Work - The City will deal directly with, and make all payments to the Contractor only. The Contractor shall be responsible for the coordination of all trades, subcontractors, and suppliers engaged upon the work. Neither the City nor the Engineer will undertake to settle any differences between the Contractor and his subcontractors.

All persons engaged in the work, including subcontractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work and shall be responsible to the City for acts and omissions including those by their respective agents and employees.

When subcontracted work is not prosecuted in a manner satisfactory to the Engineer, the Contractor shall be notified to take corrective action within a specified time. If timely correction is not made, then upon receipt by the Contractor of written instructions from the Engineer, the Subcontractor shall be removed immediately from the work and shall not be reemployed.

9.03 Superintendent - The Contractor shall employ, and provide a writ ten letter designating a superintendent and/or representative and all their contact information. The superintendent and/or representative shall be present on the job site whenever work is in progress to coordinate all work with the City and neighboring property owners, and who shall be available by phone twenty-four (24) hours per day, seven (7) days a week up to the Final Acceptance of the work by the City. A backup representative may also be provided. A joint venture shall designate only one Superintendent.

City approval of the Superintendent is required prior to starting work. The City reserves the right to request an appropriately qualified replacement of the Superintendent any time during construction of the project. Contractor shall provide the Engineer with the Superintendent’s telephone number, along with an after-hours emergency contact number of a responsible person who shall correct hazardous situations, should they occur, during times other than the normal working hours.

Directions and information given to the Superintendent shall be considered as having the same effect as if delivered to the Contractor and the Superintendent shall have full authority to execute the same and to supply materials, tools and labor without delay, and who shall be the legally appointed representative of the contractor. Contractor shall be liable for the faithful observation of any instructions delivered to him or to his appointed representatives.

9.04 Character of Workers - Contractor shall provide competent, fully qualified personnel to perform the work and shall at all times maintain good discipline and order among its employees and Subcontractors. Any employed person or Subcontractor who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable or who fails or refuses to perform his work properly and acceptably, shall be immediately removed from the work by the Contractor and shall not be reemployed. Such discharge shall not be the basis of any claim for compensation or damages against the City of San Carlos or any of its officers, employees or agents.

9.05 Laws to be Observed - The Contractor shall keep himself fully informed of, and at all times observe and comply with all Federal, State and County laws, including those of CAL- OSHA; all

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municipal ordinances and regulations of the City of San Carlos; and all orders and decre es of bodies having jurisdiction over the work. The Contractor shall also cause all agents and employees engaged on the project to observe and comply with all such laws, and shall protect and indemnify the City of San Carlos and all officers, employees, a nd agents thereof connected with the work against any claim or liability arising from or based on the violation of any such law (a) Non-Discrimination – Attention is directed to Labor Code, Section 1735 which reads as follows: “No discrimination shall be made in the employment of persons upon public work because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code, Section 12940 an d every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.” (b) Alien Labor - The Contractor shall forfeit as penalty to the City of San Carlos fifty dollars ($50.00) for each alien with no permit to work in the U nited States of America (USA) knowingly employed in the contract, by him or by any Subcontractor under him upon any of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and in particular Sections 1850 to 1854 thereof, inclusive. (a) Hours of Labor – Hours of labor shall be pursuant to Labor Code, Sections 1810.

Pursuant to Labor Code, Sections 1813, Contractor shall forfeit to the City, as a penalty, twenty-five dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or any Subcontractor in violation of the terms of this Section or in violation of the provision of any law of the State of California. Such forfeiture amounts may be deducted from the contract sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California. (d) Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject to prevailing wages under Californi a Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work. A schedule of the most recent general prevailing per diem wage rates made available to the City will be on file at the City’s principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information only and is not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay those rates as required. By this referenc e the verified current schedule of prevailing wage rates is made part of the Contract Documents. Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all Subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such Subcontractors in the execution of the work.

Contractor shall forfeit to the City, as a penalty, no more than fifty -dollars ($50.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft i n which the worker is employed for any portion of the work done by Contractor or any Subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive.

Such forfeiture amounts may be deducted from t he contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.

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The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.
(e) Payroll Records - Pursuant to Labor Code, Sections 1776, Contractor and all Subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by Contractor or Subcontractors keeping such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll. The Contractor and all Subcontractors must also furnish electronic certified payroll records to the Labor Commisioner of the State of California, D epartment of Industrial Relations.
(f) Apprentice Program - Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the Contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, Contractor or Subcontractors should, where some question exists, contac t the Division of Apprenticeship Standards, 4 25 Golden Gate Avenue, 4 th Floor, San
Francisco, California, 94102 or one of its branch offices prior to commencement of the work. In the event Contractor willfully fails to comply with this Section, it will be considered in violation of the requirements of the Contract.

Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Contractor or Subcontractors of journeyworker trainees who may receive on- the-job training to enable them to achieve journeyworker status in any craft or trade under standards other than those set forth for apprentices.
(g) Safety Program – the Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and to all requirements as set forth in the State of California Construction Safety Orders ( CAL-OSHA), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. Within ten (10) working days following the Notice of Award the Contractor shall provide a copy of the Contractor’s Safety Plan. The price paid for the plan is included in the various contract items of work and no additional compensation will be made therefore.

9.06 P ermits and Fees – Unless otherwise stated in the Special Provisions, the Contractor shall procure all permits, registrations and licenses, including a City business registration, pay all charges and fees, and give all notices necessary for lawful prosecution of the work. All permits, registrations, licenses, and other authorizations shall be secured in sufficient time to prevent delays to the work. The Contractor shall comply with the provisions of said permits, licenses and other authorizations. The contractor shall submit satisfactory proof to the City, prior to issuance of the Notice to Proceed, that such permits, registrations or licenses are and will be in effect throughout the entire life of this contract. The contractor shall keep all permits, registrations and licenses posted on the job site.

For City Capital Improvement Construction Projects, the Contractor shall obtain a “No Fee” encroachment and/or building permit. Contractor shall coordinate through the Engineer to insure that all appropriate construction inspections occur.

9.07 Coordination and Cooperation - Construction work by utility companies or other Contractors may be needed or may be occurring simultaneously within or adjacent to the limits of work for this project. The Contractor shall coordinate and cooperate with all other Contractors and utility companies

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throughout the duration of this project to avoid delays and minimize interference and conflicts. Cooperation will be required in the arrangement for the storage of materials, and in the detailed execution of the work.

It is the Contractor’s responsibility to ascertain the nature of work by others, coordinate his work, and install, modify, and maintain traffic control as necessary to avoid interferences and delays on the construction activities. Failure of the Contractor to keep informed of the work progressing on the site and failure to give written notice of lack of progress or defective workmanship by others shall be construed as acceptance by the Contractor of the status of the work as being satisfactory for proper coordination with his own work.

Where the work of one trade joins or is on the other’s work, there shall be no lack of continuity or discrepancy when work is completed. In conforming one kind of work with another, marring or damaging other work will not be permitted. Should improper work of any trade be covered by another which results in damage or defects, the whole work affected shall be made good by the Contractor without expense to the City.

The City reserves the right to perform work or allow others to perform work, as necessary, within or adjacent to the limits of this project, at any time. If the Contractor or any of his Subcontractors or employees causes loss or damage to any separate Contractor on the work, the Contractor, by agreement or arbitration, if he deems it necessary, will settle any claim for such loss or damage. If such separate Contractor shall sue the City, on account of any loss so sustained, the City shall notify the Contractor, who shall indemnify and hold harmless the City against any loss or damage arising therefrom, including the cost and expense of defending any such suit.

If any portions of the work specified herein are to be installed in any right -of–way owned by the State, County, Municipality, or other public entities or public utilities, it shall be incumbent upon the contractor to familiarize described above will necessarily be subject to their inspection and approval before acceptance of these portions of the work by the Engineer. Any costs for inspection by agents other than those of the City shall be borne by the contractor. Where other agencies have jurisdiction over some portion of the work, and the requirements of the agencies are at variance with this specification, then that portion of the work shall be done in accordance with the requirements of the agency(ies).

The Contractor shall absorb in his bid all costs involved in coordinating his work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral and essential work.

9.08 Use of Premises - The Contractor shall confine construction activities to the project limits; which shall consist of right-of-way, easements and/or property owned by the City of San Carlos. With prior approval of the Engineer, adjacent street right -of-way may also be utilized for day -to-day operations.

Unless approved by the Engineer, no storage of materials and equipment will be allowed to remain within the right-of-way during non-working hours, on the weekends, or during holidays.

Each day, after the completion of construction operations, unless otherwise approved by the Engineer, the project limits shall be secured and made accessible to the public. All excess materials and equipment not protected by approved traffic control devices (such as k-rails) shall be relocated to a staging area or demobilized. Trench spoils shall be off -hauled daily and open excavations shall be protected with steel plates.

Personnel of Contractor and Subcontractors shall not occupy, live upon, or otherwise make use of the project site during any time that work is not being performed at the project site, except as otherwise provided for in the Contract Documents for issues such as site security.

9.09 Construction Staging and Field Office - If additional space beyond the construction limits is necessary for staging, the Contractor shall, at his own cost and initiative, make special arrangements with neighboring property City(s) to secure a staging area for a field office and/or material and equi pment storage. The staging area must be fenced, with screening, and shall be operated in a manner that minimizes the inconvenience to neighbors.

The Contractor is encouraged to negotiate side agreements with the property owners of such sites prior to submitting bids. Prior to occupying the staging area, the Contractor will be required to provide

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to the Engineer a copy of the agreement or temporary construction easement granted by the property owner. A written release from the property owners or City, holding the City harmless from liability, will also need to be provided. In addition to approval from the property owners, the Contractor may also need to secure a Use Permit from the City’s Planning Division.

9.10 Site Security - Contractor shall be responsible for the care and custody of work and the site, including all necessary security provisions, on a 24- hour per day basis throughout the entire term of the Agreement. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work.

9.11 Construction Water – The Contractor is responsible for obtaining all water required for the project and shall work with, and obtain all permits from , the appropriate water purveyor prior to obtaining construction water. If hydrant water is to be used, the Contractor must first obtain a hydrant meter and pay all related expenses. Direct connections to hydrants without a meter are not allowed. If water trucks are used, they shall be installed with backflow prevention devices. The cost of water, including all associated fees, deposits or permits shall be incorporated into the various bid items and no separate payment shall be made. Water purveyors include:

California Water Service Company Mid-Peninsula Water District Bayshore District - Customer Center 3 Dairy Lane
341 North Delaware St. P.O. Box 129
San Mateo, CA 94401-1727 Belmont, CA 94002
M-F: 8 a.m. to 4:30 p.m. M- F: 8 a.m. to 4:30 p.m.

Tel.: (650) 558-7800 Tel.: (650) 591-8941
[email protected] midpeninsulawater.org

9.12 Project Site Maintenance – All work identified in this section shall be considered as part of the contract bid items, and no separate payment will be made thereof. (a) Disposal of Material - Unless otherwise shown on the plans or specified herein, all excess materials and materials removed from existing improvements shall become the property of, and be disposed by the Contractor. The Contractor shall be responsible for all costs associated with disposing all excess materials in a safe and legal manner. No material shall be placed on private or public property without prior approval from the City and the property owner. The Contractor shall not allow any refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed upon paved streets, into manholes or into the City’s storm drain system.

Contractor shall establish a system for daily collection and disposal of waste materials from construction areas and elsewhere on the site. Contractor shall handle waste materials that are hazardous, dangerous, or unsanitary separately from inert waste by containerizing appropriately. Burning or burying of waste materials on site w ill not be permitted.

All materials removed from the existing improvements, which in the opinion of the Engineer have salvage value, shall be delivered to the City Corporation Yard at 1000 Bransten Road, San Carlos, or at any other site designated by the Engineer within the City and shall be considered as part of the contract bid items, with no separate payment will be made thereof.
(b) Cleanup and Dust Control – at all times during construction, including weekends and holidays, and throughout all phases of construction, including work suspensions and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish, debris, and prevent the formation of an airborne dust nuisance.

Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance.

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The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water, those excavated areas of dirt or other materials which are prone to causing dust, within both the project site and the storage or staging area. If required or directed by the Engineer, the Contractor shall provide an approved water truck of large capacity with spraying capability and/or street sweeper.

The Contractor shall be required to apply water for dust control immediately during construction efforts and within one (1) hour after notification by the Engineer that an airborne nuisance exists. If dust control is not adequate, in the opinion of the Engineer, the Engineer will have this work performed by others and will deduct such cost from the total contract price.

All hauling trucks or other construction vehicles leaving the site shall be cleaned of mud or dirt clinging to exterior body surfaces or wheel rims before traveling on City streets outside the work limits. All trucks coming to or leaving the site with materials or loose debris shall be loaded in a manner, which will prevent the dropping of materials or debris on City streets. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately.

When construction operations cause dirt to be deposited on public streets, the Contractor shall immediately remove such material. Streets shall be cleaned by street sweeping, rather than flushing, so as to prevent mud from entering the storm drain system.

Excess excavated m aterial shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.

Failure of the Contrac tor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
(c) Air Pollution Control - The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
(d) Noise Control - The Contractor shall make every reasonable eff ort to control noise generated as a result of construction to the satisfaction of the Engineer. Use of an air compressor, jackhammer or other loud, vibrating sound generating device shall be limited to operations between the hours of 8:00 a.m. and 6:00 p. m. Monday thru Friday and between 9:00 a.m. to 5:00 p.m. on Saturday and Sunday, unless otherwise authorized by the Engineer.
(e) Vermin Control - At the time of acceptance, structures entirely constructed under the contract shall be free of rodents, insects, vermin and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the contract work within the contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.
(f) Sanitation - The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances and regulations pertaining to the public health and sanitation of dwellings and camps. (g) Wastewater - Wastewater systems shall not be interrupted. Should the Contractor disrupt existing sewer facilities, the Contractor shall immediately notify the Engineer, and the Contractor shall establish a plan, subject to the approval of the City, to convey the sewage in closed conduits and disposed of it back into the sanitary sewer system.

Sewage shall not be permitted to flow in trenches or be covered by backfill. (h) Temporary Light, Power and Water - The Contractor shall at his o wn expense furnish, install, maintain, and remove all temporary light, power, and water, including piping, wiring, lamps, and other equipment, necessary for the work. The Contractor shall not

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draw water from any water source, except to extinguish a fire, without first obtaining permission from the appropriate water utility company/agency. (i) Storm Water Pollution Control – All work shall conform to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009- 0009- DWQ, NPDES No. CAS000002) ("General Permit"), and the NPDES Municipal Regional Stormwater Permit (MRP) (Order No. R2- 2015-0049, NPDES No. CAS612008). The Contractor shall implement all applicable San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) measures and Best Management Practices (BMPs).

Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a stop work order.

The Contractor shall submit to the City a Stormwater Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP), prepared in compliance with all NPDES requirements. The SWPPP/WPCP prepared by the Contractor shall address how the Contractor will prevent materials from being rinsed or washed into the storm drain system and specify which BMPs will be implemented for preventing sediment and pollutant discharges into the storm water system. The Contractor shall provide for the construction of facilities which may be required to prevent, control, and abate water pollution.

All construction efforts shall be conducted in a manner which prevents the release of hazardous material or hazardous waste into the soil or groundwater, and minimizes the discharge of pollutants into the storm drain system. No pollutants will be allowed to enter the storm drainage system. The Contractor shall be responsible for containing and removing any waste from the Contractor’s construction operations using the app ropriate BMP. The Contractor shall be responsible for cleaning catch basins of solid or liquid waste materials originating from the Contractor’s operation before this material migrates further into the storm drain system. Violation of this provision shall cause the City to issue a stop- work notice and take necessary action to require the Contractor to correct and comply with regulations. All costs related to the stop- work action and corrective work to come into compliance shall be fully borne by the Contractor.

Existing Drainage Conditions - If the work performed interferes with established drainage patterns, ample provisions shall be made by the Contractor to correct the interference.

The City may also direct the Contractor to take additional measures to be performed at the Contractor 's expense.

Illicit Discharge - No dumping or discharge of construction materials, debris, and hazardous materials will be permitted into the City's storm drainage system. In the event of any discharge, leakage, spill or emission of hazardous materials, Contractor shall promptly notify the City and shall clean all affected property. The Contractor shall indemnify, hold harmless and defend the City against all liability incurred as a result of any such discharge, leakage, spill or emission, regardless of whether such liability, cost or expense arises during or after the term of the permit.

9.13 Preservation of Property - The Contractor shall be responsible for the protection of public and private property adjacent to the work.

Due care shall be exercised to avoid damage to existing roadway improvements and facilities, adjacent property, roadside trees, lawn and shrubbery not designated for removal, pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water laterals, and any other improvements or facilities within or outside the limits of construction. As ordered and approved by the Engineer, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the Contract Documents.

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Existing striping damaged during construction within and adjacent to the project site shall be replaced with thermoplastic. Partially damaged striping (such as what might occur trenching through a pavement legend), shall be replaced in their entirety.

Contractor shall preserve carefully bench marks, reference points, and stakes; in case of willful or careless destruction, he will be charged with the resulting expense of replacement and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

Any survey monuments that are damaged or removed as part of the construction shall be replaced by the Contractor and a Record of Survey, as required by State law, shall be filed by a licensed Land Surveyor at the Contractor's expense.

The fact that any such improvement or facility is not shown upon the plans shall not relieve the Contractor of his responsibility under this Section. It shall be the Contractor’s responsibility to ascertain the existence of any underground improvements or facilities indicated on the plans, indicated by locating services, or as evidenced by facilities visible in the field.

Contractor shall protect his work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever which is under his control, until the completion and acceptance of the work. Neither the City nor any of the City's agents assume any responsibility for collecting indemnity from any person(s) causing damage to the work of the contractor.

9.14 Protection of Buried Utilities – When the Contractor's attention is directed to the existence of pipes, cables, culverts, and other underground structures and improvements which may or may not be shown on the plans , i t is the responsibility of the contractor to ascertain the exact location of such underground utilities in advance of any digging operations so that they shall not be disturbed or damaged by him during the progress of the work. All expenses of whatever nature arising from such disturbance or replacement or repair thereof shall be borne by the contractor.

If the location of pipelines being installed by the contractor under this contract conflicts with the location of existing pipelines, contractor shall so notify the Engineer in writing. The Engineer will ascertain the location of the existing utility in question and may at his discretion relocate the pipeline being installed for the convenience of the contractor. It shall not be construed that the City or the Engineer is in any way required or obligated to locate or relocate pipelines to locations other than shown on the contract plans. If the Engineer relocates pipelines at the request of the contractor, the contractor shall bear all the expenses incurred in connection therewith.

9.15 Protection of Bridges - Contractor shall be responsible for any damage he may cause to bridges, culverts and road structures. He shall determine in advance the allowable safe load for each structure and, if necessary, provide special shoring and support at his expense.

9.16 Protection of Traffic Signal Facilities - The Contractor shall give at least seventy-two (72) hours advance notice to the Engineer before commencing any street work (such as pavement grinding or trenching) that may potentially damage any traffic signal det ection loop wires or any other signal facility.

This requirement is in addition to any Underground Services Alert notifications. The City will then mark the underground traffic signal facilities.

The Contractor shall not proceed with any grinding, trenching or other underground work until it has been verified with the Inspector that signal facilities have been marked.

In the event that the Contractor's construction activities cause any failure of a traffic facility, it shall be repaired and be made fully operable within 24- hours of the damage occurring. In the event that such repair is not undertaken within this time limit, the City may repair the facility at the Contractor’s expense.

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9.17 Restoration of Adjacent and Existing Improvements - Contractor shall do all cutting, fitting, or patching of the work required to make all parts of the work come together properly with existing and adjacent conditions.

Unless otherwise provided, the Contractor shall repair or replace all existing improvements (e.g., curbs, sidewalks, driveways, fences, signs, utilities, street surfaces, structures, etc.) damaged or removed as a result of his operations. Repairs and replacements shall be at least equal to existing improvements, and shall match in terms of condition, finish and dimension to the satisfaction of the Engineer.

All Underground Services Alert (USA) markings, including the initial markings made by the Contractor and those markings placed by others in responseshall be removed at the Contractor ’s expense when they are no longer required. Acceptable means of removal include sand blasting , high pressure washing, or other means approved by the Engineer.

All traffic signs and street signs within the limit of work necessarily removed during the various phases of operations shall be temporarily reset by the Contractor at or near the original location upon completion of each phase of construction operations. Prior to removal of all traffic control signs, the Contractor shall submit photographs of the site which show the existing location of these signs so that upon completion the photographs will aid in resetting the signs at or near their original location. Traffic control signs and street signs will be replaced upon completion of the work and the cost of removal and replacement shall be considered as part of the contract bid items, and no separate payment will be made thereof.

Rural type mail boxes shall be maintained by the Contractor in a manner satisfactory to the property owner and postal service, and the Contractor shall relocate the same as soon as possible to a permanent location in accordance with postal regulations and in a location acceptable to the property owner.

Any object to be removed and reused at other locations shall be removed with due care and delivered or stored at the project’s construction storage area, or if approved by the Engineer, at any other site designated by the Engineer within the City. Such objects may consist of street light poles, signal mast arms and other objects directed by the Engineer. Items not approved by the Engineer for reuse purposes, and without salvage value, shall become the property of the Contractor, to be disposed of at Contractor expense, in an acceptable manner.

9.18 Archeological Remains - If human and/or archeological remains are uncovered during excavation. All earthwork within one-hundred (100) feet of these materials will be stopped until a Coroner and/or professional archeologist (SCA) and/or the Society of Professional Archeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures.

9.19 Access to Private Property - The Contractor shall schedule and perform operations so as to minimize disruption of access to private property. Prior to blocking access to any private driveway or parking lot entrance, the Contractor shall notify the resident s, business owner s or tenant s of pending closure and allow residents to remove vehicles. During non- working hours no driveway, house or parking lot shall be denied access to a public roadway.

The Contractor shall coordinate with the adjacent property owners and businesses and maintain vehicle and pedestrian access to their properties at all times. Temporary access ramps, fencing, or other measures shall be provided as needed.

9.20 Traffic Control and Public Convenience – The Contractor shall provide for safe movement of all vehicular, bicycle and pedestrian traffic through and around the construction operations with as little inconvenience and delay as possible. The Contractor shall have no amount of work under construction other than what he can properly prosecute with due regard to the rights and convenience of the public.

Proper conveyance of vehicular traffic and pedestrians through the work area depends upon navigating under unexpected situations. The means of clarifying such conditions to the public include the Contractor’s use of signs, flagmen, pavement markings, barricades, lights, cones and delineators. No

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one standard sequence of signs or control devices will suit all conditions which may result from construction operations. Even for the same work, the conditions may vary from hour to hour, requiring adjustment and revisions of the traffic control in effect. The traffic control requirements specified herein are therefore intended to establish general principles to be observed in the control and regulation of traffic through and around the construction operations anticipated for this project. The requirements set forth in this Section represent the minimum traffic control requirements imposed and the Contractor shall be solely responsible for providing the full extent of traffic control measures that are necessary. Only individuals trained in the principles of implementing traffic control and/or traffic control flagging shall be assigned that responsibility at the work site.
(a) Traffic Control Plan – The Contractor shall submit a Traffic Control Plan to clearly describe proposed traffic control measures. The plan shall be generally in accordance with the illustrations included in the “California Manual of Uniform Traffic Control Devices” and the “W ork Area Traffic Control Handbook”, (Building News Incorporated P.O. Box 3031, Terminal Annex, Los Angeles, CA 90051). The submittal shall consist of scaled drawings for each situation anticipated to be encountered, i.e., intersections, mid- block (each during working and non- working hours), etc. The drawings shall show signs, traffic control devices and flagmen as required.

The Traffic Control Plan shall be directed equally to the regulation and protection of non- vehicular traffic including pedestrians, b icyclists, joggers, skaters, skateboarders, etc.

The Contractor shall provide for the protection and separation of non- vehicular traffic from construction operations at all times. No work involving the implementation of traffic control shall begin until the Engineer has reviewed and has no exception to the traffic control plans. The Contractor may implement a revised Traffic Control Plan only with subsequent review with no exceptions by the Engineer.
(b) Traffic Control Devices - Traffic control devices shall be provided in sufficient quantities and types as required to provide safe and adequate traffic control. During hours of darkness, approved lights and/or flares shall be included, in proper working order, to illuminate signs and hazards and alert approaching traffic. Barricades shall be furnished and maintained along all open trenches in contact with traffic. No work may begin on any day or at any time before traffic control devices have been placed, test driven and, if required, adjusted and revi sed. All traffic control devices shall be placed in accordance with the Manual of Uniform Traffic Control Devices and the Contractor’s favorably reviewed traffic control plans. Locations of devices shall be adjusted to suit the conditions and circumstances of each detour situation. In all cases, signs shall be placed to most effectively convey their messages to approaching traffic.

The Contractor shall maintain all traffic control devices, at proper locations and in proper working order, at all times dur ing construction operations and whenever a hazard resulting from Contractor’s operations exists. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction operations. Traffic control devices shall remain in place at all times, as required to alert approaching traffic of upcoming hazards. After hazards have been removed, all traffic control devices shall be removed. Temporary signs shall be removed or their messages covered.

Daily tra ffic control measures shall continue until cleanup activities have been satisfactorily completed and all of the Contractor’s equipment has been removed from the traveled way.
(c) Traffic Control Detours - The Contractor shall direct, divert and detour t raffic through, around and adjacent to construction operations in accordance with the traffic control plans specified in the Contract Documents or in accordance with the Contractor’s favorably reviewed traffic control plans.

1. Field Review of Detours - Immediately after traffic control devices have been placed, the detour shall be test driven by the Engineer or Inspector and the Contractor’s Superintendent. The test drive shall include approaches to the detour from each possible direction, and traverse the full length of each detour route. The Contractor shall adjust and revise all traffic control devices as

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determined to be required by the test drive and the test drive shall be repeated, if determined necessary by the Engineer or Inspector . The Contractor shall provide additional traffic control devices as required to maintain the flow of traffic throughout construction operation.

2. Diverting Bicycle and Pedestrian Traffic – Whenever construction operations obstruct the flow of bicycle and pedestrian traffi c or present a hazard to bicycles and pedestrians, the Contractor shall take appropriate action to protect and separate bicycles and pedestrians from the work area. Such action may include placement of barricades between bicycles and pedestrians and the w ork areas, placement of warning signs, and provisions utilizing personnel as required to protect and maintain access for bicycles and pedestrians as conditions warrant.

3. Diverting Vehicular Traffic - Whenever construction operations obstruct the flow of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles.

4. Flagmen - The Contractor shall employ flagmen as required for each specific detour and at all locations where barricades and warning signs cannot control the movement of traffic. A warning sign shall be placed ahead of the flagman reading: “Flagman Ahead.” The distance between the sign and the flagman should be based on the average traffic speed, allowing approximately fifty ( 50) feet for each ten (10) miles per hour. During hours of darkness, flagman stations shall be illuminated such that the flagman will be clearly visible to ap proaching traffic. Lights for illuminating the flagman station shall receive favorable review by the Engineer. The flagman shall wear a red or orange warning garment when flagging. Flagmen shall be provided with approved red flags or STOP/SLOW hand padd les, and two- way radios for communication. When flagging during hours of darkness, the flagman shall signal with a red light or flare and shall have a belt and suspender harness outside his garment fitted with reflectors or made from reflectorized cloth, unless the garment is well reflectorized in one of these ways.

5. Notice to Agencies - The Contractor shall notify the Engineer and all agencies having jurisdiction over the work, in writing, at least ninety -six (96) hours, excluding holidays and weekends, prior to instituting any lane closure or detour.

At the end of each workday, the Contractor shall inform the Engineer, Police Department and Fire Departments of the status of all detours, lane restrictions, or road closures. The Contractor shall cooperate and coordinate with the various parties involved in the collection and removal of trash and garbage, the transit providers, the U.S. Postal Service, and others, as necessary, in order to maintain existing schedules and services.

6. Emergency Vehicle Acc ess Through Detours - During all detours and/or street closures the Contractor shall provide for the movement of emergency vehicles through the work area. It is essential that the Contractor’s work and equipment does not impede emergency access.

7. Night Detours - The Contractor shall not be permitted to maintain any lane closure or road closure during non- working hours without first obtaining written approval from the Engineer. During non- working hours the Contractor shall restore travel lanes to their original alignment and configuration by means of placing temporary asphalt pavement or bridging with steel plates. The Contractor shall place “ROUGH ROAD” signs conforming to the Manual of Uniform Traffic Control Devices at uneven temporary pavement or bri dging locations. See General Provisions, Section 9.18 (b), “Trench Safety Requirements”.

8. Temporary Traffic Lanes – Temporary traffic lanes shall be at least ten (10) feet wide, or eleven (11) feet wide around curves. Provide an additional two (2) feet

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of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic. (d) Parking Restrictions - The Contractor shall post approved “No Parking” signs at all locations necessary to establish work areas and detour traffic. Signs shall read: “NO PARKING - CONSTRUCTION TOW -AWAY ZONE,” show the actual day and hours of parking restriction and indicate the telephone number of the City’s Police Department or agency having jurisdiction. Signs shall be placed at least forty -eight (48) hours in advance of the restriction. The Engineer shall approve the location and duration of no parking limits and verify their placement. “No Parking” signs shall be removed when no work is under construction and must be reposted forty-eight ( 48) hours before the resumption of construction activities.

For any violation of “No Parking” signs by motorists, the Contractor shall contact and coordinate directly with the City’s Police Department for removal of vehicles in accordance with the California Vehi cle Code. The Contractor shall also coordinate with the Police Department directly for enforcement and towing of parked vehicles.

9.21 Safety - The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the work. The Contractor’s responsibilities shall specifically provide for the safety of persons involved in the project, other persons who are affected by the performance of the work, the work in place, materials and equipment to be incorporated in the work, the project site, and adjoining property.

The services of the City in conducting inspection or construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing, shoring or scaffolding, or safety measures, in, on, or near the construction site.

Safety vests and personal protection equipment shall be worn by the Contractor, all subcontractors and other personnel when working or present on the site. Hard hats shall be worn when working around earthmoving or any heavy construction equipment or during any overhead construction work.

Payment for performing all work necessary to provide safety measures shall be included in the bid items for which safety measures are required and no additional compensation will be made. (a) Safety Orders – The Contractor shall have at the work site, copies or suitable extracts of:

Construction Safety Orders, Tunnel Safety Orders, a nd General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. (b) Trench Safety Requirement - As required by California Labor Code, Section 6705 and in addition thereto, for any excavation of any trench or trenches five (5’) feet or more in depth, the Contractor shall submit to the Engineer for review, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construc tion Safety Orders of the State Division of Occupational Safety and Health.

The maximum length of open trench shall be three-hundred (300) feet or the distance that pipe can be installed in a single day as determined by the Engineer. Trenches shall be backfilled and covered with two ( 2) inches of cutback (in paved areas) or bridged with tack-welded steel plates at the end of each workday. Cutback shall be placed around plate edges to provide a smooth transition and to secure against displacement.

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As soon as possible under the provisions of these specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements that existed prior to the start of construction.
(c) Confined Space Entry Program (CSEP) - Entry into permit -required confined spaces as defined in Section 5157, Title 8, California Code of Regulations ( CCR) may be required as a part of the work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit -required confined spaces until the pre- entry procedures demonstrate otherwise. The Contractor shall be responsible for implementing, administering, and maintaining a confined space entry program (CSEP) in accordance w ith Sections 5156, 5157, 5158, Title 8, CCR and shall implement such a program prior to performing any work in a permit -required confined space. A copy of the permit shall be available at all times for review by the Contractor and City personnel at the work site.

Prior to starting work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:

1. Training of personnel

2. Purging and cleaning the space of materials and residue

3. Potential isolation and control of energy and material inflow

4. Controlled access to the space

5. Atmospheric testing of the space

6. Ventilation of the space

7. Special hazards consideration

8. Personal protective equipment

9. Rescue plan provisions
The Contractor’s CSEP submittal shall also include the names of the Contractor’s and Subcontractor’s personnel assigned to the project who will have CSEP responsibilities, their CSEP training, their specific assignment and their responsibilities in carrying out the CSEP.

San Carlos City CouncilMay 9, 2022

San Carlos City Council
May 9, 2022