Agenda packet — San Carlos City Council, June 10, 2024 (part 1 of 4)

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
June 10, 2024 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson 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.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Masks are no longer required, but are still recommended by the California Department of Health. To maintain public health and safety, please do not attend in person if you are experiencing respiratory symptoms (e.g. cough, runny nose, and/or sore throat).

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 16699009128 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 information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.

Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.

MAYOR: John Dugan
COUNCIL: Ronald Collins, Sara McDowell, Adam Rak, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a Proclamation Recognizing June 1622, 2024 as National Mosquito Control Awareness Week.

6. 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.

7. 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 the item you are speaking on is not listed on the agenda, please be advised that the City Council may 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.

8. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the April 22, 2024 City Council Regular Meeting Minutes. c. Approve the May 13, 2024 City Council Special Meeting Minutes. d. Adopt a Resolution Authorizing the City Manager to Execute Amendment 6 to the Law Enforcement Services Agreement with the San Mateo County Sheriff's Office, Including the Fiscal Year 202425 Payment of $12,677,007, Offset by the CalPERS UAAL Credit in the Amount of $1,697,469, and the Approval of the Use of Prior Year Savings in the Amount of $275,000 for Police Services.
e. Adopt a Resolution Accepting and Approving the Annual Investment Policy for Fiscal Year 202425.
f. Accept the Fiscal Year 202324 Third Quarter Financial Report for the Period Ending March 31, 2024.
g. Accept the Fiscal Year 202324 Third Quarter Investment Report for the Period Ending March 31, 2024.
h. Adopt a Resolution Setting the Tax Rate for Fiscal Year (FY) 202425 with Respect to the General Obligation Refunding Bonds for the Library Project and Approving the Transfer of Funds from the Library Tenant Fund (“Fund 0095”) for an Early Payoff of the Bonds Resulting in a 10% Reduction for the Taxpayers in FY 202425 and No Tax Due in FY 202526.
i. Deny Claim of Todd LeyteVidal.
j. Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with CSG for OnCall Planning Consultant Services for the Community Development Department’s Planning and Economic Development & Housing Divisions, for a Period of Three Years, with the Option of Two OneYear Extensions, in an Amount Not to Exceed $300,000 Per Fiscal Year.
k. Adopt A Resolution Approving the Amended Arroyo Avenue and Chestnut Street Safe Routes to School Improvements C2201 Plans & Specifications; Appropriating $342,000 from the General Capital Fund (“Fund 25”) Unassigned Balance in Fiscal Year 202425 for the Project; Awarding the Project; Authorizing the City Manager to Execute an Agreement with FBD Vanguard Construction, Inc. in the Amount of $564,475; and Authorizing the Expenditure of Contingency in the Amount of $112,895.
l. Adopt a Resolution Accepting the 2022 Pavement Rehabilitation Project C9416 and Authorizing the Public Works Director to Issue and Record a Notice of Completion. m. Adopt Resolutions Amending the Professional Services Agreements for the Fire Station 16 Replacement Project with Consolidated CM, Inc. for Additional Construction Management and Inspection Services in the NottoExceed Amount of $271,920 and Shah Kawasaki Architects for Construction Support Services in the NottoExceed Amount of $32,800.
n. Adopt a Resolution Ratifying the Proposed Budget for Fiscal Years 202426 for the BelmontSan Carlos Fire Department ("BSDFD").
o. Adopt Ordinance 1615 Amending San Carlos Municipal Code Title 18 – Zoning, Section 18.15.120 (Underground Utilities) and Section 18.23.210 (Accessory Dwelling Units/Junior Accessory Dwelling Units) to Exempt Specific SingleFamily Home Projects from the Requirement to Underground Utility Service Drops.

9. NEW BUSINESS
a. Consideration of Appointing One Youth Advisory Council (YAC) Voting Member for the 202425 Term, Five YAC Voting Members for the 202426 Term, and Two Alternate YAC Members for the 202425 Term, and Recognizing Seven Retiring YAC Members.
b. Consideration of Adopting a Resolution Endorsing the Downtown Advisory Committee’s Recommended Street Design as part of the Downtown Specific Plan + Streetscape Master Plan Project and Direct Staff to Proceed with Technical Analysis.
c. Consideration of Introducing an Ordinance Amending San Carlos Municipal Code Chapter 2.24.060 Commissions Length of Service, to Add a Provision Allowing Extension or Reappointment of Term Limited Commissioners. d. Consideration of Adopting a Resolution Calling for and Giving Notice of a General Municipal Election to be Held on Tuesday, November 5, 2024 for the Election of Certain Municipal Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; Authorizing the Execution of a Services Agreement with the County of San Mateo for Specified Services Relating to Conducting a General Municipal Election to be Consolidated with the Statewide Election; and Submitting a Measure to the Voters a Question Relating to the City Treasurer as an Appointed Position.
e. Consideration of Fiscal Year 202425 MidCycle Budget Adjustments and Adopting a Resolution Adopting the Proposed MidCycle Fiscal Year 202425 General Fund and NonGeneral Fund Appropriation Budgets.
i. Adopt a Resolution Electing the Population and Price Adjustment Factors and Establishing the Fiscal Year (FY) 202425 Appropriations Limit of the City of San Carlos, Pursuant to California Constitution Article XIIIB and Section 7900 Et Seq. of the California Government Code.
ii. Adopt a Resolution Classifying the Various Components of General Fund Fund Balance as Committed Balances as Defined in Governmental Accounting Standards Board Statement No. 54 ("GASB 54").

10. PUBLIC HEARING
a. Consideration of Increasing Residential and Commercial Wastewater Rates for Fiscal Years 202425 through 202627 and Introducing an Ordinance Amending San Carlos Municipal Code Section 13.08.160 – Sewer Service Charges and Fees Established.

11. 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.

12. ADJOURNMENT
Any writings or documents provided 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, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 8024222 or via email at cityclerk @cityofsancarlos.org. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

1 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
June 10, 2024 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson 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.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.

MAYOR: John Dugan
COUNCIL: Ronald Collins, Sara McDowell, Adam Rak, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a Proclamation Recognizing June 1622, 2024 as National Mosquito Control Awareness Week.

7. 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.

11. 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.

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

2 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
June 10, 2024 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson 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.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.

MAYOR: John Dugan
COUNCIL: Ronald Collins, Sara McDowell, Adam Rak, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a Proclamation Recognizing June 1622, 2024 as National Mosquito Control Awareness Week.

7. 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.

11. 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.

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

3 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
June 10, 2024 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson 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.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.

MAYOR: John Dugan
COUNCIL: Ronald Collins, Sara McDowell, Adam Rak, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a Proclamation Recognizing June 1622, 2024 as National Mosquito Control Awareness Week.

7. 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.

11. 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.

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

4 CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
June 10, 2024 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org
AGENDA
This meeting will be conducted both inperson 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.

InPerson Participation:

Location. City Hall – 600 Elm Street, Council Chambers.

Remote Participation :

Councilmembers may participate in this meeting remotely as authorized by Assembly Bill 2449.

MAYOR: John Dugan
COUNCIL: Ronald Collins, Sara McDowell, Adam Rak, Pranita Venkatesh

1. CALL TO ORDER

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

3. PLEDGE OF ALLEGIANCE

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS
a. Present a Proclamation Recognizing June 1622, 2024 as National Mosquito Control Awareness Week.

7. 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.

11. 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.

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

5 San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
April 22, 2024 7:00 PM

MINUTES

ROLL CALL

City Council Present: John Dugan, Mayor
Sara McDowell, Vice Mayor
Ronald Collins, Councilmember
Adam Rak, Councilmember
Pranita Venkatesh, Councilmember

Staff Present: Adam Aronson, Economic Development and Housing Manager Nil Blackburn, Assistant City Manager
Lauren Burd, Recreation Coordinator
Paul Harris, Financial Services Manager
Hanieh Houshmandi, Senior Traffic Engineer
Steven Machida, Public Works Director
Andrea Mardesich, Assistant Community Development Director Rebecca Mendenhall, Administrative Services Director
Jeff Maltbie, City Manager
Crystal Mui, City Clerk
Amy Newby, Parks and Recreation Director
Lisa Porras, Planning Manager
Gregory Rubens, City Attorney
Al Savay, Community Development Director
Wendy Schettino, Recreation Supervisor

1. CALL TO ORDER

Mayor Dugan called the meeting to order at 7:00 PM.

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS

None.

3. PLEDGE OF ALLEGIANCE

Mayor Dugan led the Pledge of Allegiance.

4. CHANGES TO THE ORDER OF THE AGENDA

None.

5. PRESENTATIONS

a. Receive a Presentation on Project Elevate, an Initiative Focused on Promoting Financial Literacy.

8.b
June 10, 2024

Packet Pg. 6

Linda Molnar, a student at Carlmont High School, spoke on Project Elevate – an initiative she and Ritika Rawat created to promote financial literacy.

Mayor Dugan and Councilmember Collins thanked Ms. Molnar for their work.

b. Present a Proclamation Recognizing April 2024 as Parkinson’s Awareness Month.

Mayor Dugan recognized April 2024 as Parkinson’s Awareness Month. Vikas Chinnan, Parkinson’s Foundation Board Member, received the proclamation and spoke on the disease and available resources for those with Parkinsons.

c. Present a Proclamation Recognizing April 26, 2024 as Arbor Day.

Mayor Dugan recognized Arbor Day and presented a proclamation to Parks and Recreation Director Amy Newby. Ms Newby spoke on San Carlos’ designation as Tree City USA and the City’s Day of Service activities.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Councilmember Venkatesh wished everyone a happy Earth Day and Passover and invited the community to participate in the upcoming childcare subcommittee open house.

Vice Mayor McDowell spoke about the City’s Teen Wellness Retreat and the San Carlos Day of Service and commended staff for their work.

Mayor Dugan reported on attending the Chamber of Commerce Progress Seminar.

7. PUBLIC COMMENT

Debbie Chang, resident, expressed concerns with the misuse of sports field reservations and requested assistance with field access.

Mayor Dugan directed staff to follow-up with Ms. Chang.

Chris Ken, resident, expressed concerns with the misuse of sports field reservations.

Vidya Mariharan, resident, echoed Ms. Chang’s concerns with the misuse of sports field reservations.

Resident echoed Ms. Chang’s concerns with the misuse of sports field reservations.

Josh Saffren, resident, shared safety concerns for pedestrians in the Carmelita neighborhood and requested Council to reconsider adding traffic calming measures.

George Plosker, resident, shared safety concerns with speeding vehicles in the Carmelita neighborhood and requested Council consider implementing traffic calming measures.

8. CONSENT CALENDAR

MOTION: Approve City Council Consent Calendar Items ‘a’ through ‘h” and Item ‘i’ Ordinance 1614 Amending San Carlos Municipal Code Chapter 2.24 - Commissions, to Update the Meeting Frequency for the Economic Development Advisory Commission.

MOVER: Adam Rak

SECONDER: Ronald Collins
AYES: Collins, Venkatesh, Rak, McDowell, Dugan
NAYS: None.

RESULT: Motion Passed 5 – 0

a. Motion to Waive Reading of All Ordinances.

b. Approve the March 11, 2024 City Council Regular Meeting Minutes.

c. Declare a City Council Summer Recess and Authorize Cancellation of the two July 2024 City Council Meetings.

d. Adopt a Resolution Approving Plans and Specifications for the Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Project C2201 and Authorizing a Call for Bids.

Resolution 2024-042

e. Adopt a Resolution Appropriating $1,401,149.13 in Fiscal Year 2023-24 from the Traffic Impact Fee (TIF) Reserve; Awarding the San Carlos Avenue Pedestrian Safety Improvement Project Phase III C1806; Authorizing the City Manager to Execute an Agreement with Kerex Engineering, Inc. in the Amount of $2,067,617.50; and Authorizing the Expenditure of a Contingency in an Amount Not to Exceed $413,523.50. Resolution 2024-043

f. Accept and Authorize the Filing of the Housing Successor Agency Annual Report for Fiscal Year 2022-23.

g. Adopt a Resolution Authorizing the City Manager to Take Action Necessary to Participate in the Employment Risk Management Authority Joint Powers Authority (ERMA JPA). Resolution 2024- 044

h. Deny Claim of John Hickey.

i. Adopt Ordinance 1614 Amending San Carlos Municipal Code Chapter 2.24 - Commissions, to Update the Meeting Frequency for the Economic Development Advisory Commission.

9. REPORTS TO COUNCIL

a. Receive the Annual Update on Police Services 2023.

Police Chief Mark Myers presented the annual update on police services and responded to Council questions.

Mayor Dugan requested a heat mat of where accidents occur and citations are issued and also suggested the City highlight the three-foot bike reporting tool in an upcoming City newsletter.

10. PUBLIC HEARING

a. Consideration of Adopting a Resolution Authorizing Adjustments to the Cost of Services Schedule (User Fees), Park Facility Development Fee, Sewer Capacity Charge, Childcare Development Impact Fee, and Traffic Impact Fee for Fiscal Year 2024-25.

Administrative Services Director Rebecca Mendenhall introduced the item and turned the presentation over to Financial Services Manager Paul Harris to review the recommended fee changes. Mr. Harris, Ms. Mendenhall, Parks and Recreation Director Amy Newby, Assistant

Community Development Director Andrea Mardesich and City Manager Jeff Maltbie responded to Council questions.

Public Comment
Nathan Conte, resident and owner of Groovy Goose, inquired about parking for small businesses.

MOTION: Close the Public Hearing.

MOVER: Ronald Collins
SECONDER: Sara McDowell
AYES: McDowell, Collins, Venkatesh, Rak, Dugan
NAYS: None.

RESULT: Motion Passed 5 – 0

MOTION: Adopt Resolution 2024-045 Authorizing Adjustments to the Cost of Services Schedule (User Fees), Park Facility Development Fee, Sewer Capacity Charge, Childcare Development Impact Fee, and Traffic Impact Fee for Fiscal Year 2024-25.

MOVER: Adam Rak
SECONDER: Pranita Venkatesh
AYES: Rak, McDowell, Collins, Venkatesh, Dugan
NAYS: None.

RESULT: Motion Passed 5 – 0

Council recessed at 8:58 PM and reconvened at 9:05 PM.

11. NEW BUSINESS

a. Consideration of Adopting a Resolution Approving the Recommendations of the City Centennial Advisory Committee.

Parks and Recreation Director Amy Newby spoke on the work of the City Centennial Advisory Committee. She reviewed their recommendations and responded to Council questions.

Councilmember Rak suggested using brass historical markers/disks for the history walk activity.

MOTION: Adopt Resolution 2024-046 Approving the Recommendations of the City Centennial Advisory Committee.

MOVER: Pranita Venkatesh
SECONDER: Ronald Collins
AYES: Venkatesh, Rak, McDowell, Collins, Dugan
NAYS: None.

RESULT: Motion Passed 5 – 0

b. Consideration of Adopting a Resolution Approving the Traffic Signal Master Plan and Authorizing the Public Works Director to Update and Approve Amendments to the Master Plan as Needed.

Senior Traffic Engineer Hanieh Housmandi introduced the item and turned the presentation over to Consultant Ryan Dole to provide an overview of the development of the Traffic Signal Master Plan and the recommended strategies and project phasing. He, Public Works Director Steven Machida and Ms. Housmandi responded to Council questions.

Public Comment
Nathan Conte, resident, inquired about the process of adding traffic signals to increase security.

MOTION: Adopt Resolution 2024-047 Approving the Traffic Signal Master Plan and Authorizing the Public Works Director to Update and Approve Amendments to the Master Plan as Needed.

MOVER: Adam Rak
SECONDER: Ronald Collins
AYES: Collins, Venkatesh, Rak, McDowell, Dugan
NAYS: None.

RESULT: Motion Passed 5 – 0

12. AGENDA SETTING

None.

13. ADJOURNMENT

Meeting adjourned at 10:06 PM.

Crystal Mui,
City Clerk

San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
Collaboration Room, City Hall
600 Elm Street, San Carlos, CA 94070
May 13, 2024 6:00 PM

MINUTES

ROLL CALL

City Council Present:

City Council Absent:

John Dugan, Mayor
Sara McDowell, Vice Mayor
Adam Rak, Councilmember
Pranita Venkatesh, Councilmember

Ronald Collins, Councilmember

Staff Present: Adam Aronson, Economic Development and Housing Manager Jeff Maltbie, City Manager
Crystal Mui, City Clerk
Gregory Rubens, City Attorney
Al Savay, Community Development Director

1. CALL TO ORDER

Mayor Dugan called the meeting to order at 6:00 PM.

2. PUBLIC COMMENT

None.

3. CLOSED SESSION

a. Conference with Real Property Negotiators Aronson, Maltbie, Rubens, Savay and Simon - (Closed Session Held Pursuant to Government Code Section 54956.8) to Discuss the Price and Terms of the Potential Sale of Property Located at 676 and 680 El Camino Real (APNs 050-133-340 and 050-133-350).

b. Conference with Legal Counsel - Anticipated Litigation (Closed Session Pursuant to Govt.

Code Section 54956.9(D)(2) and 54956.9 (E)(2) - 1 Case

MOTION: Approve the proposed settlement agreement with the property owner of 731 Cordilleras Ave.

AYES: McDowell, Rak, Venkatesh, Dugan
NAYS: None
ABSENT: Collins
RESULT: Motion Passed 4 – 0 – 1

c. Conference with Real Property Negotiators Maltbie, and Rubens - (Closed Session Held Pursuant to Government Code Section 54956.8) to Discuss the Property Located at 731 Cordilleras Avenue (APN 050-093-110).

8.c
June 10, 2024

Packet Pg. 11

MOTION: Approve the acquisition of a 5-foot storm water easement at 731 Cordilleras Ave. for $93,000.

AYES: McDowell, Rak, Venkatesh, Dugan
NAYS: None
ABSENT: Collins
RESULT: Motion Passed 4 – 0 – 1

4. REPORT FROM CLOSED SESSION

City Attorney Greg Rubens noted that there are no reports from Closed Session item 3a. He provided the following reports from the other two closed session items:

Item 3b - Conference with Legal Counsel - Anticipated Litigation:
- Council voted 4 – 0 -1 (with Councilmember Collins absent) to approve the proposed settlement agreement with the property owner of 731 Cordilleras Ave. - The substance of the agreement states that the city will:
 purchase an easement for $93,000 and accept the easement  pay for removal and abandonment of the existing storm water pipe and construction of a manhole and a new storm water pipe in the easement  pay reasonable attorney fees to the property owner
 pay the cost to close escrow
- The property owner will release the City of all future claims.

Item 3c - Conference with Real Property Negotiators to Discuss the Property Located at 731 Cordilleras Avenue:
- Council voted 4- 0 -1 (with Councilmember Collins absent) to approve the acquisition of a 5-foot storm water easement on 731 Cordilleras Ave for $93,000.

5. ADJOURNMENT

Mayor Dugan adjourned the meeting at 6:29 PM.

Crystal Mui
City Clerk

8.c
June 10, 2024

Packet Pg. 12

CITY COUNCIL

STAFF REPORT
MEETING DATE: June 10, 2024
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute Amendment 6 to the Law Enforcement Services Agreement with the San Mateo County Sheriff's Office, Including the Fiscal Year 2024-25 Payment of $12,677,007, Offset by the CalPERS UAAL Credit in the Amount of $1,697,469, and the Approval of the Use of Prior Year Savings in the Amount of $275,000 for Police Services.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute Amendment 6 to the Law Enforcement Services Agreement (“Agreement”) with the San Mateo County Sheriff's Office (“Sheriff’s Office”), including the Fiscal Year (FY) 2024-25 Payment of $12,677,007, offset by the CalPERS UAAL Credit in the Amount of $1,697,469, and the approval of the use of prior year savings in the amount of $275,000 for police services.

FISCAL IMPLICATIONS:

Each year, the City Council considers for approval an amendment to Exhibit B (Cost of Services) of the Agreement. The total charges for FY 2024-25 are $12,677,007. This is an increase of $646,126, or 5.4%, from last fiscal year.

The total Proposed FY 2024-25 Mid-Cycle Operating Budget for these services is $12,402,010.

Therefore, it is recommended that the City utilize prior year savings to cover the additional amount of $275,000.

As per Section 3.1.2 of the Agreement, if the actual costs of services are less than the calculated totals in Exhibit B-1, the excess amount will be set aside to be used at the City’s discretion. In FY 2022-23, the City utilized $228,540 of this account to offset the contracted costs in that fiscal year and utilized $500,000 in FY 2023-24 to offset the contracted costs in the last fiscal year. As of March 31, 2024, the balance in this account is $1,348,468.

Per Section 3.5 of the Agreement, the total contract value will be credited by the amount paid to CalPERS for retirement obligations from the former police department which is $1,697,469.

In summary, the contract amount will be funded from the following sources in the Proposed FY 2024-25 Operating Budget:

Fund Account Number Total Amount
General Fund (1) 01413000-520320-PDOSR $10,304,538
General Fund (2) 01413000-512004-PDOSR 1,697,469
General Fund (3) 01413000-520320-SCDSU 250,000

8.d
June 10, 2024

Packet Pg. 13

Police Grants Fund 17000000-520320-PDOSR 150,000
San Carlos Trust Fund Prior Year Savings 275,000
Total Agreement Amount $12,677,007
The funding sources are as follows:

1.General Fund Account 01413000 520320 PDOSR is the primary account used to pay for police services. It is budgeted based on the contractual obligations that the Council approves on an annual basis.

2.General Fund Account 01413000 512004 PDOSR is the primary account used to pay for the unfunded liabilities of the former police department. The amount budgeted is based on CalPERS actuarial reports.

3.General Fund Account 01413000 520320 SCDSU is the account that was created to track the charges associated with the Downtown Services Unit, or Laurel Street Policing Program.

4.Police Grant Fund 17000000 520320 PDOSR is a restricted account that can only be used for front line municipal police services and must supplement, not supplant, existing funding. This account is used to fund additional traffic enforcement in the amount of $100,000 and Driving Under the Influence (“DUI”) enforcement totaling $50,000.

BACKGROUND:

On June 20, 2020, the City Council approved a five-year renewal of the Agreement with the San Mateo County Sheriff’s Office to provide law enforcement services to the City of San Carlos. Each year, the City Council considers for approval an amendment including Exhibit B-1 (Rates/Payments) of the Agreement.

The City’s Agreement with the Sheriff’s Office includes police management, patrol, investigation, traffic enforcement, community and school services, and support service components. The Agreement maintains minimum staffing levels for patrol, provides for quick response times, and restores many of the key community programs that San Carlos Police had provided. The Agreement originally went into effect on October 31, 2010, and the current contract will end June 30, 2025. Per Section 4.2 of the Agreement, the City shall notify the County no later than January 1, 2025 of its desire for the Sheriff’s Office to continue to provide law enforcement services.

The Agreement includes the following assignment of personnel:

Position # of FTE
Captain 1
Sergeants 5
Deputies/Detectives 16
Community Service Officers 6
Management Analyst 1
Records Technician 1
Total full-time equivalent personnel 30

8.d
June 10, 2024

Packet Pg. 14

ANALYSIS:

Each year, the Sheriff’s Office prepares a total budget outlining the anticipated cost for services.

The three major categories of expenses include:

1.Personnel Costs. Salaries and benefits associated with staff providing investigative services, patrol, traffic enforcement, and direct administrative services; and

2.Direct Operating Expenses. Costs associated with operational activities such as vehicle and equipment expenses, training, software, and general supplies; and

3.Support Services. Costs associated with technical services, records and evidence management, fiscal services, and personnel and human resources.

The retirement rates reflected in the current Agreement with the Sheriff’s Office are calculated using the San Mateo County’s employer contribution rate. This rate is comprised of a normal cost component and amortization of the County’s Unfunded Actuarial Accrued Liability (“UAAL”) component. The UAAL is the difference between the actuarial accrued liability for current and future retirees and the value of assets accumulated to finance the County’s pension obligations.

In brief, the UAAL is the shortfall between pension promises and the value of assets.

Although the San Carlos Police Department was disbanded, CalPERS retains Pension Trust responsibilities and the administration of accrued liabilities for the City’s safety members up to the time the Agreement took effect. For this reason, the City is also required to continue funding its existing CalPERS UAAL. Since the original Agreement with San Mateo County required the City to compensate the Sheriff’s Office for the fully loaded retirement costs, the City was in effect making double UAAL payments. City staff worked with San Mateo County representatives and requested relief from the UAAL component of the County’s retirement rates, resulting in a credit that is applied to the Agreement on an annual basis. For FY 2024-25, this amount is $1,697,469.

The Agreement also reflects the following:
•Funding in the amount of $100,000 for additional resources to help fund traffic enforcement and address traffic complaints; and
•Funding in the amount of $250,000 for the Downtown Services Unit, or Laurel Street Policing Program; and
•Services in the amount of $50,000 for DUI enforcement.

The increase in the Agreement of $646,126, or 5.4%, from last year is based on the following factors:

1.Compensation Changes. Personnel costs account for 85% of the total Agreement. The increase in budget is attributed to increases associated with health and retirement benefits, experience and specialty pay, POST pay, workers compensation, overtime, and cost of living adjustments.

2.Operating Costs. Operating costs include modest increases for various supplies, equipment, training, vehicle expenses and support for technical, records and evidence management, fiscal services, and human resources. There were also slight increases in the new five-year Axon contract for BWC/Taser/Vehicle cameras.

8.d
June 10, 2024

Packet Pg. 15

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to execute Amendment 6 to the Law Enforcement Services Agreement with the San Mateo County Sheriff's Office, including the FY 2024-25 payment of $12,677,007, offset by the CalPERS UAAL Credit in the Amount of $1,697,469, and the approval of the use of prior year savings in the amount of $275,000 for police services; or

2. Do not adopt a 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. Amendment 6 to the Agreement for Law Enforcement Services

8.d
June 10, 2024

Packet Pg. 16

RESOLUTION NO. 2024 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT 6 TO THE LAW ENFORCEMENT SERVICES AGREEMENT WITH THE SAN MATEO COUNTY SHERIFF’S OFFICE, INCLUDING THE FISCAL YEAR 2024-25 PAYMENT OF $12,677,007, OFFSET BY THE CALPERS UAAL CREDIT IN THE AMOUNT OF $1,697,469, AND THE APPROVAL OF THE USE OF PRIOR YEAR SAVINGS IN THE AMOUNT OF $275,000 FOR POLICE SERVICES.

WHEREAS, the City of San Carlos provides police services to citizens and properties within its jurisdiction; and
WHEREAS, on June 22, 2020, the City Council of the City of San Carlos approved an agreement with the San Mateo County Sheriff’s Office to provide law enforcement services within the city of San Carlos through June 30, 2025; and
WHEREAS, the attached Law Enforcement Services Agreement (“Agreement”) includes provisions related to Retirement and Unfunded Actuarial Accrued Liabilities and credit for those payments made to CalPERS; and
WHEREAS, Exhibit A-1 to the Agreement lists the assignment of personnel as agreed to by the City of San Carlos; and
WHEREAS, the San Mateo County Sheriff’s Office will adjust the rates set forth in Exhibit B and Exhibit B-1 to the Agreement on an annual basis; and WHEREAS, the Agreement contemplates future fiscal year fees for services will be determined in accordance with the revised calculated rate schedule effective July 1 of each year of the Agreement; and
WHEREAS, the Proposed Fiscal Year (FY) 2024-25 Mid-Cycle Budget Operating Budget for these services totals $12,402,010 that includes a credit in the amount of $168,978 from the County of San Mateo per a separate Memorandum of Understanding dated January 30, 2024; and
WHEREAS, under Section 3.1.2 of the Agreement, the City has accumulated prior year savings in the amount of $1,348,468 as of March 31, 2024, and $275,000 of those funds can be used to offset the costs of the Agreement.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the City Manager to execute Amendment 6 to the Law Enforcement Services Agreement with the San Mateo County Sheriff’s Office, including the FY 2024-25 payment of $12,677,007, offset by the CalPERS UAAL credit in the amount of $1,697,469, and the approval of the use of prior year savings in the amount of $275,000 for police services. * * * * *

8.d
June 10, 2024

Packet Pg. 17

I, City Clerk Crystal Mui, 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 10th day of June 2024, by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

8.d
June 10, 2024

Packet Pg. 18

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 1 County of San Mateo I City of San Carlos
AMENDMENT NO. 6

TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE

COUNTY OF SAN MATEO AND CITY OF SAN CARLOS

THIS AMENDMENT SIX, entered into on the entered into on the 30th day of June, 2024, by and between the CITY OF SAN CARLOS, a general law city in the County of San Mateo, State of California, hereinafter referred to as "City" and the COUNTY OF SAN MATEO, a political subdivision of the State of California, hereinafter referred to as "County.”

W I T N E S S E T H

WHEREAS, on July 1, 2020, the City and County entered into an Agreement (Resolution No. 077595) for the performance of the agreed upon law enforcement services within its boundaries by the County through the Sheriff; and

WHEREAS, Resolution No. 077595 authorizes the Sheriff or Sheriff’s designee to accept or execute notices, documents, and amendments associated with this Agreement; and

WHEREAS, in November 2020, Amendment One was approved which provided additional foot patrols to support the Laurel Street Policing Program; included the purchase of an interview management system; and authorized use of the City’s trust fund to support a portion of the cost of law enforcement services in FY 2020-21; and

WHEREAS, in May 2021, Amendment Two was approved which incorporated the FY

2021-22 Selection of Personnel set forth in Exhibit A-1 and the FY 2021-22 Rates and

Payments set forth in Exhibit B; and

WHEREAS, in August 2021, Amendment Three was approved which increased

Downtown Services Unit (DSU) appropriations by $100,000 for a total DSU program cost of

$250,000 to fund an additional DSU Community Services Officer position and cover overtime costs associated with the DSU program; and

WHEREAS, in May 2022, Amendment Four was approved which incorporated the FY 2022-23 Selection of Personnel set forth in Exhibit A-1 and the FY 2022-23 Rates and Payments set forth in Exhibit B; and

WHEREAS, in February 2024, Amendment Five was approved which incorporated the FY 2023-24 Selection of Personnel set forth in Exhibit A-1 and the FY 2023-24 Rates and

8.d
June 10, 2024

Packet Pg. 19

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 2 County of San Mateo I City of San Carlos
Payments set forth in Exhibit B; and

WHEREAS, the parties now wish to further amend the Agreement to incorporate the FY

2024-25 Selection of Personnel set forth in Exhibit A-1 and the FY 2024-25 Rates and Payments set forth in Exhibit B.

NOW, THEREFORE, IT IS HEREBY AGREED as follows:

1. “Exhibit A-1 FY 2023-2024 Assignment/Selection of Personnel”, is hereby deleted in its entirety and replaced with “Exhibit A-1, FY 2024-2025 Assignment/Selection of Personnel” and is attached hereto and incorporated herein.

2. “Exhibit B, FY 2023-24 Rates / Payments” is hereby deleted in its entirety and replaced with “Exhibit B, FY 2024-25 Rates / Payments” and is attached hereto and incorporated herein.

3. This Amendment Six is hereby incorporated and made a part of the original Agreement and is subject to all provisions therein. All other terms of the original Agreement and prior amendments not in conflict with Amendment Six remain in effect and are incorporated by reference.

8.d
June 10, 2024

Packet Pg. 20

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 3 County of San Mateo I City of San Carlos
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO
A Political Sub-division of the
State of California

BY:

SHERIFF CHRISTINA CORPUS

DATE:

CITY OF SAN CARLOS

BY:

JEFF MALTBIE, CITY MANAGER

DATE:

APPROVED AS TO FORM

CITY ATTORNEY

ATTEST:

BY:

CITY CLERK

8.d
June 10, 2024

Packet Pg. 21

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 4 County of San Mateo I City of San Carlos

Note: Exhibit A is included in this amendment for informational purposes only. No changes have been made to Exhibit A.

EXHIBIT A

SERVICES
Agreement for Law Enforcement Services between the
County of San Mateo and City of San Carlos
In consideration of the payments set forth in Exhibit B, County shall provide City with the following services:

1. DESCRIPTION OF SERVICES PROVIDED BY COUNTY.

1.1 LAW ENFORCEMENT SERVICES.

1.1.1 The County agrees, through the Sheriff of the County of San Mateo (hereinafter referred to as “Sheriff”), to provide general law enforcement services within the corporate limits of the City to the extent and in the manner hereinafter set forth in this Agreement.

1.1.2 Except as otherwise specifically set forth in this Agreement, such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff under the County Charter, the statutes of the State of California, and under the City municipal codes.

1.1.3 General law enforcement services performed hereunder may include, if requested, by the City, supplemental security support, supplemental sworn officer support, and supplemental professional civilian support staff.

1.2 SUPPORT SERVICES.

1.2.1 Administrative staff provided to City, as outlined in Exhibit A-1, will provide general administrative support and will perform the services necessary for the collection of Abandoned Vehicle Recovery Fees and Alarms Permits & Response Fees.

1.2.2 Alarm Permit & Response Fees. City shall remain responsible for the actual billing and collection of Alarms Permit and Response revenue.

Administrative staff will maintain and forward the necessary information to City’s Finance Department for the billing and collection of said revenue upon request of City.

1.2.3 Records Fees. County’s Sheriff’s Records Bureau will perform the services necessary and collect fees on behalf of City for the following:
• Vehicle Release Fee
• Accident Reports
• Crime Reports
• Good Conduct Letter

2. ADMINISTRATION OF PERSONNEL.

2.1 The rendition of the services performed by the Sheriff’s Office, the standards of performance, the discipline of personnel, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the County.

8.d
June 10, 2024

Packet Pg. 22

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 5 County of San Mateo I City of San Carlos

2.2 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or level of services or manner of performance of such services, the Sheriff and the City shall meet and confer to resolve such disputes.

2.3 All City employees who work in conjunction with the Sheriff’s Office pursuant to this Agreement shall remain employees of the City and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the County based on this Agreement.

2.4 The City shall not be called upon to assume any liability for the direct payment of any Sheriff’s Office salaries, wages, or other compensation to any County personnel performing services hereunder for said City. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee or agent of the County for injury, disability or illness arising out of services provided under this Agreement.

3. DEPLOYMENT OF PERSONNEL.

3.1 Services performed hereunder shall be developed in conjunction with the Sheriff and detailed in Exhibit A-1.

3.2 An updated/revised Exhibit A-1 shall be signed and authorized annually by the City and the Sheriff or Sheriff’s designee before each July 1, and attached hereto as an amended Exhibit A-1.

4. REPORTS.

4.1 The Sheriff or Sheriff’s designee shall report periodically to the City Council, at the City Manager’s discretion, all violations of law within its borders coming to the Sheriff’s attention. Quarterly statistical reports will be provided to City by the Sheriff upon request.

4.2 County shall conduct an annual community law enforcement satisfaction survey each October and report the results to City by January 1 of the following year.

5. UNIFORMS & INSIGNIA.

5.1 Personnel performing such law enforcement services as herein provided shall be in the prescribed uniform of the San Mateo County Sheriff’s Office during the performance of their duties.

5.2 Similarly, patrol vehicles used by deputies assigned to provision of services under this Agreement shall bear the markings and insignia of both the Sheriff’s Office and City’s logo. Any future changes to the markings and insignia of the San Carlos Bureau vehicles may be made by mutual agreement of the Sheriff and the City Manager.

5.3 If the City should desire any customization of uniforms or insignia relative to services provided, the City shall notify Sheriff of same, and the Sheriff in their sole discretion may decide whether it is feasible and agreeable to do so. In that case, the cost of modification to uniforms and/or insignia shall be borne by the City.

8.d
June 10, 2024

Packet Pg. 23

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 6 County of San Mateo I City of San Carlos

6. CITY OBLIGATIONS.

6.1 City shall furnish at its own cost and expense all necessary office space, furniture and furnishings, office supplies, janitorial service, telephone, light, water and other utilities, in order for the Sheriff to maintain a substation office in the City. The area to be utilized for the substation includes the following areas:

6.1.1 Ground floor, which supports the Patrol function of the department, will be used in its entirety by the Sheriff’s Office and includes the following:
• Briefing room
• Patrol Sergeant’s office
• Report writing room
• Evidence packaging and equipment storage area
• Booking area and suspect interview room
• Two (2) holding cells
• Single unisex restroom
• Women’s restroom and Locker (#32) Room
• Men’s restroom and Locker (#59) Room
• Kitchen/Vending area with adjacent storage room
• Secured Property/Evidence room with outer property lockers • Secured Armory

6.1.2 Main Floor which consists of:
• Three (3) offices
• Gym access
• “Meet and Greet” area for the public.
• Report Writing Workstation for officers/deputies

6.1.3 Basement (Ground Floor) Parking Area which consists of reserved area for Patrol vehicles and Sheriff’s Office staff.

6.1.4 Other areas currently used by City for storage of evidence or for other law enforcement purposes

6.1.5 County shall reimburse City One Dollar ($1) for the lease of the Substation.

6.2 It is expressly further understood that such areas may be used by the Sheriff or the County of San Mateo in connection with the performance of duties in territory outside of City and adjacent thereto.

6.3 Notwithstanding the foregoing, it is agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of City, the same shall be supplied by said City at its own cost and expense.

7. PERFORMANCE OF AGREEMENT.

7.1 For the purpose of performing said general law enforcement services, County shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the agreed level of services to be rendered hereunder.

7.2 Notwithstanding the foregoing, the City may provide additional resources for the County to utilize in performance of the services.

8.d
June 10, 2024

Packet Pg. 24

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 7 County of San Mateo I City of San Carlos

EXHIBIT A – 1
FY 2024-25 ASSIGNMENT / SELECTION OF PERSONNEL
Agreement for Law Enforcement Services between the County of San Mateo and City of San Carlos

1. ASSIGNMENT OF PERSONNEL.

1.1 FY 2024-25 Assigned Personnel.

POSITION # of FTE
Captain 1.0
Sergeant – Day 2.0
Sergeant – Night 2.0
Sergeant – Administrative 1.0
Deputy – Day 6.0
Deputy – Night 4.0
Deputy – Motorcycle 2.0
Deputy – Canine 2.0
Deputy – Detective Services 2.0
Community Service Officers 6.0
Management Analyst 1.0
Records Technician 1.0
TOTAL # (FTE) 30.00

2. ASSIGNMENT OF SPECIFIC PERSONNEL.

2.1 In the event that the position of Captain assigned to the City (via this Agreement) needs to be filled, the Sheriff will provide City with three (3) candidates for consideration. City Manager shall select one of the three candidates.

2.2 The City Manager may request reassignment of personnel assigned to the City at any time. The Sheriff and City Manager shall meet and confer regarding the request within ten (10) days.

8.d
June 10, 2024

Packet Pg. 25

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 8 County of San Mateo I City of San Carlos

EXHIBIT B
FY 2024-25 RATES / PAYMENTS
Agreement for Law Enforcement Services between the County of San Mateo and City of San Carlos

In consideration of the services described in Exhibit A and Exhibit A-1, City shall pay County based on the following fee schedule:

1. CHARGES FOR SERVICES.

1.1 City shall pay County for services described in this Agreement as calculated based on the formulas set forth in Section 6, Calculated Rates, attached hereto and incorporated by reference herein.

1.2 Section 6, Calculated Rates, shall be readjusted by the County annually effective July 1 of each year and attached hereto as an updated / revised Section 6.

2. INVOICING / BILLING.

2.3 On a quarterly basis in accordance with Section 3 below, Sheriff’s Office Fiscal Services Bureau shall submit an invoice to City.

2.4 Payments and questions regarding invoicing shall be directed to the Sheriff’s Office Fiscal - Invoicing at [email protected] or be mailed to:

San Mateo County Sheriff’s Office
Fiscal Services Bureau
330 Bradford Street, 5th Floor
Redwood City, CA 94063

3. PAYMENTS.

3.1 Total charges due for the period of July 1, 2024 through June 30, 2025 are $12,677,007.

Invoices will be issued according to the following schedule:

Invoice Issued Basic Service UAAL Credits Adjusted Cost July 1, 2024 $3,169,251.75 $ (424,367.25) $2,744,884.50 October 1, 2024 $3,169,251.75 $ (424,367.25) $2,744,884.50 January 1, 2025 $3,169,251.75 $ (424,367.25) $2,744,884.50 April 1, 2025 $3,169,251.75 $ (424,367.25) $2,744,884.50

3.2 Future Fiscal Year payments will be in accordance with the revised Calculated Rates effective July 1 of each year. Payments will be due semi-annually on July 1st and January 1st for each subsequent year of this Agreement.

3.3 The July 1, 2024 invoice will be paid in part from the San Carlos City Trust Fund, which is held by the Sheriff's Office. A transfer of $275,000 will be made from the San Carlos Trust Fund and will be reflected on the invoice issued July 1, 2024.

4. BOOKING / MESSAGE SWITCH / FORENSIC LABORATORY FEES.

4.1 City shall not be responsible for paying Jail Access Fees, Booking Fees, Message Switch Fees or Forensic Laboratory Fees to the County.

8.d
June 10, 2024

Packet Pg. 26

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 9 County of San Mateo I City of San Carlos

5. JOINT POWERS AGREEMENTS.

5.1 City shall continue to be responsible for fees set forth in the Joint Powers Agreements pertaining to the Narcotics Task Force (NTF) and Department of Emergency Management (DEM).

6. CALCULATED RATES

6.1 Rates for FY 2024-25 are outlined below.

8.d
June 10, 2024

Packet Pg. 27

AMENDMENT NO. 6 I AGREEMENT FOR LAW ENFORCEMENT SERVICES 10 County of San Mateo I City of San Carlos

6.2 The average overtime hourly rates for supplemental services described in Exhibit A (Section

1.1.3) are as follows:

San Mateo County Sheriff’s Office FY 2024-25 Hourly Rates

Position Overtime Rate
Admin Sergeant (Day) $216.45
Sergeant (84 Plan Day) $216.54
Sergeant (84 Plan Night) $227.27
Detective Sergeant (Day) $226.68
Deputy Sheriff (84 Plan Day) $175.63
Deputy Sheriff (84 Plan Night) $184.58
K-9 Deputy Sheriff (84 Plan Day) $184.58
K-9 Deputy Sheriff (84 Plan Night) $193.53
Motorcycle Deputy $184.58
Detective Deputy Sheriff $184.31
Community Services Officer II $66.19
Administrative Assistant $89.91
Criminal Records Tech II (Day) $63.76

8.d
June 10, 2024

Packet Pg. 28

CITY COUNCIL

STAFF REPORT
MEETING DATE: June 10, 2024
ITEM TITLE: Adopt a Resolution Accepting and Approving the Annual Investment Policy for Fiscal Year 2024-25.

RECOMMENDATION:

Staff recommends that the City Council complete the annual review of the City’s Investment Policy and adopt the attached Resolution accepting and approving the Investment Policy for Fiscal Year (FY) 2024-25.

FISCAL IMPLICATIONS:

None.

BACKGROUND:

California Government Code Section 53646(a)(2) requires annual review and approval of the Investment Policy by the City Council. The City’s Investment Policy was last adopted by the City Council on June 26, 2023, via Resolution 2023-081.

The Investment Policy applies to all financial assets of the City as accounted for in the Comprehensive Annual Financial Report (“Annual Report”). Statements outlined in the Investment Policy focus on the City’s pooled funds, but will also apply to all other funds under the Administrative Services Director’s span of control, unless specifically exempted by statute or ordinance. This policy is applicable, but not limited to, the following funds: General Fund; Sewer Fund; Capital Funds; Other Special Revenue Funds; Debt Service Funds; Internal Service Funds; Trust and Agency Funds; City and County Association of Governments (C/CAG); Peninsula Traffic Congestion Relief Alliance (Commute.org); and any new fund created by the City Council, unless specifically exempted.

The City’s investment portfolio has had an average quarter end balance of approximately $178 million over the past two years. These funds are drawn on throughout the calendar year for normal operating activity, with more significant levels of draw occurring in the 3rd quarter (January – March) and the 1st quarter (July – September). The City’s cash position improves in late December and April due to the receipt of property tax collections from San Mateo County.

The City’s policy and selections have always been more conservative than permitted by State Code, with idle cash invested primarily in the San Mateo County Investment Pool and the State’s Local Agency Investment Fund (LAIF). Although these investment pools do not earn high yields,

8.e
June 10, 2024

Packet Pg. 29

they satisfy the primary objective of Safety of Principal.

ANALYSIS:

The following changes to the policy are recommended to incorporate recent updates to the California Government Code (“Code”) that govern the investment of public funds. These changes, also shown in the red-lined version of the policy (Attachment 2) will update the policy to align with the California Debt and Investment Advisory Commission (CDIAC) Local Agency Investment Guidelines. The CDIAC reviews and makes changes to its Guidelines, if needed, on an annual basis.

As noted above, these changes do not have any impact on our financial portfolio as we invest primarily in LAIF and the San Mateo County Pool. These changes are just to ensure that our policy is compliant.

Senate Bill 882, which took effect January 1, 2024, also known as the Local Government Omnibus Act of 2023, made several changes to the Code, including one change to Code Section 53601(o). The bill clarified that mortgage-backed securities issued by federal agencies are exempt from the Code’s requirements described in Section 53601(o) for privately issued mortgage-backed securities. Although the Code change does not change what type of securities the Authority may purchase nor how the portfolio is managed, incorporating the Code change into the Policy will better align the Policy with the current Code language.

Updated Bankers Acceptances. Bankers’ acceptances purchased may not exceed 180 days to maturity, or 40%, of the cost value of the portfolio. Also, no more than 30% of the agency’s money may be in bankers’ acceptances of any one commercial bank.

Added guidance for Commercial Paper. The amount invested in any one issuer shall not exceed 10% of the portfolio.

Updated Negotiable Certificates of Deposit. Removed the limit on the amount invested in NCDs with any one financial institution in combination with any other securities from that financial institution.

Updated Medium Term Corporate Notes. Removed the limit on the amount invested in the medium-term notes of any one issuer in combination with any other securities from that issuer.

Updated Treasury Obligations. Removed the limit on the amount that can be invested in this investment type.

The City’s Investment Committee, consisting of Jeff Maltbie, City Manager; Inge Tiegel, City Treasurer; and Rebecca Mendenhall, Administrative Services Director, has reviewed and approved the revisions recommended to the policy.

8.e
June 10, 2024

Packet Pg. 30

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution to accept and approve the Annual Investment Policy FY 2024-25; 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. FY25 Investment Policy Draft (Red-Lined)

8.e
June 10, 2024

Packet Pg. 31

RESOLUTION NO. 2024 - ________

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

ACCEPTING AND APPROVING THE ANNUAL INVESTMENT POLICY FOR FISCAL YEAR 2024-25.
____________________________________________________________________________ WHEREAS, California Code Section 53646(a)(2) requires annual review and approval of the Investment Policy by the City Council; and
WHEREAS, the City’s Investment Policy was last adopted by the City Council on June 26, 2023, via Resolution 2023-081; and
WHEREAS, staff recommends the following changes to the Investment Policy at this time other than those that bring the policy in alignment with the California Debt and Investment Advisory Commission’s (CDIAC) Local Agency Investment Guidelines:
(1) Updated Bankers Acceptances. Bankers’ acceptances purchased may not exceed 180 days to maturity or 40% of the cost value of the portfolio. Also, no more than 30% of the agency’s money may be in bankers’ acceptances of any one commercial bank; (2) Added guidance for Commercial Paper. The amount invested in any one issuer shall not exceed 10% of the portfolio;
(3) Updated Negotiable Certificates of Deposit. Removed the limit on the amount invested in NCDs with any one financial institution in combination with any other securities from that financial institution;
(4) Updated Medium Term Corporate Notes. Removed the limit on the amount invested in the medium-term notes of any one issuer in combination with any other securities from that issuer; (5) Updated Treasury Obligations. Removed the limit on the amount that can be invested in this investment type.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Carlos hereby approves and adopts the Fiscal Year 2024-25 Investment Policy with the changes mentioned above.
* * * * *
I, City Clerk Crystal Mui, hereby certify that this Resolution was passed and adopted by the City Council of the City of San Carlos at a regular meeting held on the 10 th of June 2024, 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

8.e
June 10, 2024

Packet Pg. 32

CITY OF SAN CARLOS

INVESTMENT POLICY
Last Adopted by Council: June 26, 2023June 10, 2024
Resolution No. 20243-
POLICY
In accordance with the Municipal Code of the City of San Carlos and under authority granted by the City Council, the City Administrative Services Director is responsible for investing the unexpended cash in the City Treasury.

The investment of the funds of the City of San Carlos is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the California Government Code, Sections 53600 through 53686.

The primary objective of the investment policy of the City of San Carlos is Safety of Principal.

Investments shall be placed in those securities as outlined by type and maturity sector in this document. Effective cash flow management and resulting cash investment practices are recognized as essential to good fiscal management and control. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. Portfolio management requires continual analysis and as a result the balance between the various investments and maturities may change in order to give the City of San Carlos the optimum combination of necessary liquidity and optimal yield based on cash flow projections.

SCOPE
The investment policy applies to all financial assets of the City of San Carlos as accounted for in the Annual Comprehensive Financial Report (ACFR). Policy statements outlined in this document focus on the City of San Carlos' pooled funds, but will also apply to all other funds under the City Administrative Services Director's span of control unless specifically exempted by statue or ordinance. This policy is applicable, but not limited to all funds listed below:
•General Fund •Sewer Fund •Capital Funds •Other Special Revenue Funds, Debt Service Funds, Internal Service Funds •Trust and Custodial Funds •Peninsula Traffic Congestion Relief Alliance (Commute.org) •City and County Association of Governments of San Mateo County (C/CAG) •Any new fund created by the City Council unless specifically exempted.

PRUDENCE
The standard to be used by investment officials shall be that of a "prudent investor" and shall be applied in the context of managing all aspects of the overall portfolio. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like

8.e
June 10, 2024

Packet Pg. 33

City of San Carlos
Investment Policy Page 2
character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.

It is the City's full intent, at the time of purchase, to hold all investments until maturity to ensure the return of all invested principal dollars. However, it is realized that market prices of securities will vary depending on economic and interest rate conditions at any point in time. It is further recognized that in a well-diversified investment portfolio, occasional measured losses are inevitable due to economic, bond market or individual security credit analysis. These occasional losses must be considered within the context of the overall investment program objectives and the resultant long- term rate of return.

The City Administrative Services Director and other individuals assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

OBJECTIVES
Safety of Principal
Safety of Principal is the foremost objective of the City of San Carlos. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk: credit risk and market risk.

Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer does not unduly harm the City's capital base and cash flow.

Market risk, defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to two years, the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis eliminating the need to sell securities prior to maturity and avoiding the purchase of long term securities for the sole purpose of short term speculation.

Liquidity
Historical cash flow trends are compared to current cash flow requirements on an ongoing basis in an effort to ensure that the City's investment portfolio will remain sufficiently liquid to enable the City to meet all reasonably anticipated operating requirements.

Maturity Matrix
Maturities of investments will be selected based on liquidity requirements to minimize interest rate risk and maximize earnings. Current and expected yield curve analysis will be monitored and the portfolio will be invested accordingly. The weighted average maturity of the pooled portfolio should not exceed two years and the following percentages of the portfolio should be invested in the following maturity sectors:

Maturity Range Suggested Percentage
1 day to 7 days 10 to 50%
7 days to 180 10 to 30%
180 days to 360 days 10 to 30%
1 year to 2 years 10 to 20%
2 years to 3 years 0 to 20%

8.e
June 10, 2024

Packet Pg. 34

City of San Carlos
Investment Policy Page 3
3 years to 4 years 0 to 20%
4 years to 5 years 0 to 20%
Over 5 years Council Authorization Required *
* One exception does exist regarding the investment of bond reserve funds. If in the opinion of the City Administrative Services Director, matching the segregated investment portfolio of the bond reserve fund with the maturity schedule of an individual bond issue is prudent given current economic analysis, the investment policy authorizes extending beyond the five-year maturity limitation as outlined in this document.

PERFORMANCE EVALUATION
Investment performance is monitored and evaluated by the City Investment Advisory Committee.

Investment performance statistics and activity reports are generated on a quarterly basis for presentation to the City Investment Advisory Committee and to the City Council. Annually, a statement of investment policy, and any proposed changes to the policy, will be rendered to the Investment Advisory Committee and then to the City Council for consideration at a public meeting.

The City’s investment portfolio is designed to at least attain a market average rate of return through economic cycles. The market average rate of return is defined as average return on the Local Agency Investment Fund (assuming the State does not adversely affect LAIF’s returns due to budget constraints).

DELEGATION OF AUTHORITY
The Municipal Code of the City of San Carlos and the authority granted by City Council assign the responsibility of investing unexpended cash to the City’s Administrative Services Director. Daily management responsibility of the investment program may be delegated to the Financial Services Manager, who shall establish procedures for the operation consistent with this investment policy.

INVESTMENT COMMITTEE
An investment committee consisting of the City Treasurer, City Manager, and Administrative Services Director shall be established to provide general oversight and direction concerning the policy related to management of the City's investment pool. The Financial Services Manager shall not be a member of the committee but shall serve in a staff and advisory capacity. The committee shall review and approve quarterly investment reports prepared by the Finance Department and reviewed by the Financial Services Manager or meet as necessary to discuss changes to the report or the investment strategy. The Investment Committee serving as the legislative body of the Investment Policy will have the quarterly reports for review within forty-five (45) days following the end of the quarter covered by the report as per Section 53646 (b)(1) of the California Government Code.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program, or impairs their ability to make impartial investment decisions. Additionally the Administrative Services Director and the Financial Services Manager are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC).

SAFEKEEPING OF SECURITIES
To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the terms of a custody agreement. All trades executed by a dealer will settle delivery versus payment (DVP) through the City's safekeeping agent.

8.e
June 10, 2024

Packet Pg. 35

City of San Carlos
Investment Policy Page 4
Securities held custody for the City shall be monitored by the Administrative Services Director to verify investment holdings.

All exceptions to this safekeeping policy must be approved by the City’s Administrative Services Director in written form and included in the quarterly reports to the Investment Committee and the City Council.

INTERNAL CONTROL
Separation of functions between the City’s Administrative Services Director or Financial Services Manager and/or the City Senior Accountant is designed to provide an ongoing internal review to prevent the potential for converting assets or concealing transactions.

Investment decisions are made by the Administrative Services Director, executed by the Administrative Services Director or Financial Services Manager and confirmed by the Senior Accountant. All wire transfers initiated by the Administrative Services Director or Financial Services Manager must be reconfirmed by the appropriate financial institution to the Senior Accountant.

Proper documentation obtained from confirmation and cash disbursement wire transfers is required for each investment transaction. Timely bank reconciliation is conducted to ensure proper handling of all transactions.

The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by the Senior Accountant on a monthly basis. An independent analysis by an external auditor shall be conducted annually to review and perform procedure testing on the City’s cash and investments that have a material impact on the financial statements. The Administrative Services Director and/or Investment Committee shall review and assure compliance with investment process and procedures.

REPORTING
The City Administrative Services Director shall review and render quarterly reports to the City Investment Advisory Committee and to the City Council that include the face amount of the cash investment, the classification of the investment, the name of the institution or entity, the rate of interest, the maturity date, the current market value and accrued interest due for all securities. The quarterly reports will be submitted to the Investment Committee within forty-five (45) days following the end of the quarter covered by the report as per Section 53646 (b)(1) of the California Government Code. Once approved by the Investment Committee, the quarterly reports shall be placed on the City Council’s meeting agenda for its review and approval no later than 60 days after the quarter ends. If there are no Council meetings within the 60-day period, the quarterly report shall be presented to the Council at the soonest possible meeting thereafter.

QUALIFIED BROKER/DEALERS
The City shall transact business only with banks, savings and loans, and with broker/dealers. The broker/dealers should be primary or regional dealers. The City’s Administrative Services Director will make exceptions only upon written authorization. The City currently does not maintain a list of broker/dealers approved to do business with the City. When necessary, the City shall go through the Request for Proposal processes to select the broker/dealers. Staff shall investigate dealers wishing to do business with the City to determine if they are adequately capitalized, have pending legal action against the firm or the individual broker and make markets in the securities appropriate to the City's needs. The City’s investment policy shall be made available on the City’s website for broker/dealers’ review.

COLLATERAL REQUIREMENTS
Collateral is required for investments in certificates of deposit. To reduce market risk, the collateral level will be at least 110% of market value of principal and accrued interest.

8.e
June 10, 2024

Packet Pg. 36

City of San Carlos
Investment Policy Page 5

AUTHORIZED INVESTMENTS
Investment of City funds is governed by the California Government Code Sections 53600 et seq.

Within the context of the limitations, the following investments are authorized, as further limited herein:

1. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no percentage limitation of the portfolio that can be invested in this category, although a five-year maturity limitation is applicable.

2. Local Agency Investment Fund (LAIF), which is a State of California managed investment pool, and San Mateo County Investment pool, may be used up to the maximum permitted by California State Law. A review of the pool/fund is required when part of the list of authorized investments, with the knowledge that the pool/fund may include some investments allowed by statute but not explicitly identified in this investment policy.

3. Most mortgage-backed securities are obligations issued by the Government National Mortgage Association (GNMA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation (FHLMC). A mortgage passthrough security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond has a maximum five years’ maturity. Securities eligible for investment under this subdivision and not issued or guaranteed by an agency or issuer identified in California Government Code Section 53601 subdivision (b) or (f) subdivision, shall be rated in a rating category of “AA” or its equivalent or better by a nationally recognized statistical rating organization (NRSRO) and have a maximum remaining maturity of five years or less. Purchase of securities authorized by this subdivision shall not exceed 20% of the agency’s surplus moneys that may be invested pursuant to this section.

4. Bills of exchange or time drafts drawn on and accepted by commercial banks, otherwise known as bankers’ acceptances. Bankers’ acceptances purchased may not exceed 180 days to maturity or 2540% of the cost value of the portfolio. Also, no more than 530% of the agency’s money may be in bankers’ acceptances of any one commercial bank.

5. Commercial paper ranked the highest letter and number rating by a nationally recognized statistical rating organization (NRSRO), such as Standard and Poor’s Ratings Services, Fitch Ratings, Inc. or Moody’s Investors Services, and issued by domestic corporations having assets in excess of $500,000,000 and having an “A” or better rating on its long term debentures as provided by NRSRO. Purchases of eligible commercial paper may not exceed 270 days to maturity and . Purchases of commercial paper may not exceed 25% of the value of the portfolio. The amount invested in any one issuer shall not exceed 10% of the portfolio.

6. Negotiable Certificates of Deposit issued by nationally or state chartered banks (FDIC insured institutions) or state or federal savings institutions. Purchases of negotiable certificates of deposit may not exceed 30% of total portfolio. A maturity limitation of five years is applicable. The amount invested in NCDs with any one financial institution in combination with any other securities from that financial institution shall not exceed 5% of the portfolio.

7. Time deposits or placement service deposits, non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks or savings and loan associations. Since time deposits are not liquid, no more than 50% of the

8.e
June 10, 2024

Packet Pg. 37

City of San Carlos
Investment Policy Page 6
investment portfolio may be invested in this investment type. A maturity limitation of five years is applicable. Effective January 1, 2020, no more than 50 percent of the agency’s money may be invested in deposits, including certificates of deposit, through a placement service as authorized under 53601.8 (excludes negotiable certificates of deposit authorized under Section 53601(i)). On January 1, 2026, the maximum percentage of the portfolio reverts back to 30 percent. Investments made pursuant to 53635.8 remain subject to a maximum of 30% of the portfolio.

8. Medium Term Corporate Notes, with a maximum maturity of five years, may be purchased.

Securities eligible for investment shall be rated “A” or better by an NRSRO. Purchase of medium term notes may not exceed 30% of the market value of the portfolio. The amount invested in the medium-term notes of any one issuer in combination with any other securities from that issuer shall not exceed 5% of the portfolio.

9. Ineligible investments are those that are not described herein, including but not limited to, common stocks and long term (over five years in maturity) notes and bonds are prohibited from use in this portfolio. It is noted that special circumstances arise that necessitate the purchase of securities beyond the five-year limitation. On such occasions, requests must be approved by City Council prior to purchase.

10. Various daily money market funds administered for or by trustees, paying agents and custodian banks contracted by the City of San Carlos may be purchased as allowed under the State of California Government Code. Only funds holding U.S. Treasury or Government agency obligations can be used. A maximum of 10% of the portfolio may be invested in this category.

The following summary of maximum percentage limits, by instrument, are established for the City's total pooled funds portfolio:

Authorized Investment
Type
Government
Code
Maximum
Maturity
Minimum
Credit
Quality
Maximum in
Portfolio
Maximum
Investment in
One Issuer
Local Agency
Investment Fund
(LAIF)
16429.1 Upon
Demand N/A
As permitted by
LAIF (currently $75
million per account)
N/A
San Mateo County
Investment Pool 53684 Upon
Demand N/A
As permitted by
County Treasurer
(currently no limit)
N/A
Treasury Obligations
(bills, notes & bonds) 53601(b) 5 Years N/A 100% N/A10% US Government
Agency and Federal
Agency Securities
53601(f) 5 Years N/A 100% N/A
Mortgage Pass-
Through Securities or
Mortgage-Backed
Securities
53601(o) 5 years (C) 20% N/A
Bankers’ Acceptances 53601(g) 180 Days N/A 2540% (B)
Commercial Paper 53601(h) 270 Days
Highest
letter and
number
rating by
an
25% (A)

8.e
June 10, 2024

Packet Pg. 38

City of San Carlos
Investment Policy Page 7
NRSRO
Negotiable Certificates
of Deposit 53601(i) 5 Years N/A 30% N/A5%
Placement Service
Deposits – Deposits or
Certificates of
Deposits
53601.8 and
53635.8 5 Years N/A 50% N/A
Medium Term
Corporate Notes 53601(k) 5 Years A 30% N/A5%
(A) 510% of outstanding paper of issuing corporation
(B) No more than 530% of the agency’s money may be in bankers’ acceptances of any one commercial bank.
(C) Securities eligible for investment under this subdivision shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO.

DERIVATIVE INVESTMENTS
Derivatives are investments whose value is "derived" from a benchmark or index. That benchmark can be almost any financial measure from interest rates to commodity and stock prices. The use of derivatives is prohibited under this policy.

LEGISLATIVE CHANGES
Any State of California legislative action that further restricts allowable maturities, investment type, or percentage allocations will be incorporated into the City of San Carlos' Investment Policy and supersede any and all previous applicable language.

INTEREST EARNINGS
All moneys earned and collected from investments authorized in this policy shall be allocated quarterly to various fund accounts based on the cash balance in each fund at quarter end as a percentage of the entire pooled portfolio.

LIMITING MARKET VALUE EROSION
The longer the maturity of securities, the greater their market price volatility. Therefore, it is the general policy of the City to limit the potential effects from erosion in market values by adhering to the following guidelines:

All immediate and anticipated liquidity requirements will be addressed prior to purchasing all investments.

Maturity dates for long-term investments will coincide with significant cash flow requirements where possible, to assist with short term cash requirements at maturity.

All long-term securities will be purchased with the intent to hold all investments to maturity under then prevailing economic conditions. However, economic or market conditions may change, making it in the City's best interest to sell or trade a security prior to maturity.

PORTFOLIO MANAGEMENT ACTIVITY
The investment program shall seek to augment returns consistent with the intent of this policy, identified risk limitations and prudent investment principals. These objectives will be achieved by use of the following strategies:

8.e
June 10, 2024

Packet Pg. 39

City of San Carlos
Investment Policy Page 8
Active Portfolio Management. Through active fund and cash flow management, taking advantage of current economic and interest rate trends, the portfolio yield may be enhanced with limited and measurable increases in risk by extending the weighted maturity of the total portfolio.

Portfolio Maturity Management. When structuring the maturity composition of the portfolio, the City shall evaluate current and expected interest rate yields and necessary cash flow requirements. It is recognized that in normal market conditions longer maturities produce higher yields. However, the securities with longer maturities also experience greater price fluctuations when the level of interest rates change.

Security Swaps. The City may take advantage of security swap opportunities to improve the overall portfolio yield. A swap, which improves the portfolio yield, may be selected even if the transactions result in an accounting loss. Documentation for swaps will be included in the City's permanent investment file documents.

Competitive Bidding. It is the policy of the City to require competitive bidding for investment transactions that are not classified as "new issue" securities. For the purchase of non-"new issue" securities and the sale of all securities at least three bidders must be contacted. Competitive bidding for security swaps is also suggested, however, it is understood that certain time constraints and broker portfolio limitations exist that would not accommodate the competitive bidding process. If a time or portfolio constraining condition exists, the pricing of the swap should be verified to current market conditions and documented for auditing purposes.

POLICY REVIEW
The City of San Carlos' investment policy shall be adopted by resolution of the City Council on an annual basis. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. Any amendments to the policy shall be forwarded to City Council for approval.

8.e
June 10, 2024

Packet Pg. 40

City of San Carlos
Investment Policy Page 9
Glossary of Terms
Accrued Interest: Interest earned but not yet received.

Active Deposits: Funds that are immediately required for disbursement.

Amortization: An accounting practice of gradually decreasing (increasing) an asset's book value by spreading its depreciation (accretion) over a period of time.

Asked Price: The price a broker dealer offers to sell securities.

Basis Point: One basis point is one hundredth of one percent (.01).

Bid Price: The price a broker / dealer offers to purchase securities.

Bond: A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment.

Bond Swap: Selling one bond issue and buying another at the same time in order to create an advantage for the investor. Some benefits of swapping may include tax-deductible losses, increased yields, and an improved quality portfolio.

Book Entry Securities: Securities, such stocks held in “street name,” that are recorded in a customer’s account, but are not accompanied by a certificate. The trend is toward a certificate-free society to cut down on paperwork and to diminish investors’ concerns about the certificates themselves. All the large New York City banks, including those that handle the bulk of the transactions of the major government securities dealers, now clear most of their transactions with each other and with the Federal Reserve through the use of automated telecommunications and the “book-entry” custody system maintained by the Federal Reserve Bank of New York. These banks have deposited with the Federal Reserve Bank a major portion of their government and agency securities holdings, including securities held for the accounts of their customers or in a fiduciary capacity. Virtually all transfers for the account of the banks, as well as for the government securities dealers who are their clients, are now effected solely by bookkeeping entries. The system reduces the costs and risks of physical handling and speeds the completion of transactions.

Bearer and Registered Bonds: In the past, bearer and registered bonds were issued in paper form.

Those still outstanding may be exchanged at any Federal Reserve Bank or branch for an equal amount of any authorized denomination of the same issue. Outstanding bearer bonds are interchangeable with registered bonds and bonds in “book-entry” form. That is, the latter exist as computer entries only and no paper securities are issued. New bearer and registered bonds are no longer being issued. Since August 1986, the Treasury’s new issues of marketable notes and bonds are available in book-entry form only. All Treasury bills and more than 90% of all other marketable securities are now in book-entry form. Book-entry obligations are transferable only pursuant to regulations prescribed by the Secretary of the Treasury.

Book Value: The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount.

Broker: In securities, the intermediary between a buyer and a seller of securities. The broker, who usually charges a commission, must be registered with the exchange in which he or she is trading, accounting for the name registered representative.

8.e
June 10, 2024

Packet Pg. 41

City of San Carlos
Investment Policy Page 10
Certificate of Deposit: A deposit insured up to $250,000 by the Federal Deposit Insurance Corporation (FDIC) at a set rate for a specified period of time.

Collateral: Securities, evidence of deposit or pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposit of public moneys.

Comprehensive Annual Financial Report (CAFR): The official annual financial report for the City. It includes five combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP).

Constant Maturity Treasury (CMT): An average yield of a specific Treasury maturity sector for a specific time frame. This is a market index for reference of past direction of interest rates for the given Treasury maturity range.

Coupon: The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.

Credit Analysis: A critical review and appraisal of the economic and financial conditions or of the ability to meet debt obligations.

Current Yield: The interest paid on an investment expressed as a percentage of the current price of the security.

Custody: A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement that also calls for the bank to collect and pay out income, to buy, sell, receive and deliver securities when ordered to do so by the principal.

Delivery vs. Payment (DVP): Delivery of securities with a simultaneous exchange of money for the securities.

Discount: The difference between the cost of a security and its value at maturity when quoted at lower than face value.

Diversification: Dividing investment funds among a variety of securities offering independent returns and risk profiles.

Duration: The weighted average maturity of a bond's cash flow stream, where the present value of the cash flows serve as the weights; the future point in time at which on average, an investor has received exactly half of the original investment, in present value terms; a bond's zero-coupon equivalent; the fulcrum of a bond's present value cash flow time line.

Fannie Mae: Trade name for the Federal National Mortgage Association (FNMA), a U.S. sponsored corporation.

Federal Reserve System: The central bank of the U.S. that consists of a seven member Board of Governors, 12 regional banks and approximately 8,000 commercial banks that are members.

Federal Deposit Insurance Corporation (FDIC): Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $250,000) per account.

Fed Wire: A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system.

8.e
June 10, 2024

Packet Pg. 42

City of San Carlos
Investment Policy Page 11
Freddie Mac: Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a U.S. sponsored corporation.

Ginnie Mae: Trade name for the Government National Mortgage Association (GNMA), a direct obligation bearing the full faith and credit of the U.S. Government.

Inactive Deposits: Funds not immediately needed for disbursement.

Interest Rate: The annual yield earned on an investment, expressed as a percentage.

Investment Agreements: An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity and interest rates.

Liquidity: Refers to the ability to rapidly convert an investment into cash.

Market Value: The price at which a security is trading and could presumably be purchased or sold.

Maturity: The date upon which the principal or stated value of an investment becomes due and payable.

Nationally Recognized Statistical Rating Organizations (NRSRO): A U.S. Securities & Exchange Commission registered agency that assesses the creditworthiness of an entity or specific security.

NRSRO typically refers to Standard and Poor’s Ratings Services, Fitch Ratings, Inc. or Moody’s Investors Services.

New Issue: Term used when a security is originally "brought" to market.

Perfected Delivery: Refers to an investment where the actual security or collateral is held by an independent third party representing the purchasing entity.

Portfolio: Collection of securities held by an investor.

Primary Dealer: A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its informal oversight.

Purchase Date: The date in which a security is purchased for settlement on that or a later date.

Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

Repurchase Agreement (REPO): A transaction where the seller (bank) agrees to buy back from the buyer (City) the securities at an agreed upon price after a stated period of time.

Reverse Repurchase Agreement (REVERSE REPO): A transaction where the seller (City) agrees to buy back from the buyer (bank) the securities at an agreed upon price after a stated period of time.

Risk: Degree of uncertainty of return on an asset.

Safekeeping: See Custody.

8.e
June 10, 2024

Packet Pg. 43

City of San Carlos
Investment Policy Page 12
Sallie Mae: Trade name for the Student Loan Marketing Association (SLMA), a U.S. sponsored corporation.

Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution.

Settlement Date: The date on which a trade is cleared by delivery of securities against funds.

Time Deposit: A deposit in an interest-paying account that requires the money to remain on account for a specific length of time. While withdrawals can generally be made from a passbook account at any time, other time deposits, such as certificates of deposit, are penalized for early withdrawal.

Treasury Obligations: Debt obligations of the U.S. Government that are sold by the Treasury Department in the forms of bills, notes, and bonds. Bills are short-term obligations that mature in one year or less. Notes are obligations that mature between one year and ten years. Bonds are long-term obligations that generally mature in ten years or more.

U.S. Government Agencies: Instruments issued by various US Government Agencies most of which are secured only by the credit worthiness of the particular agency.

Yield: The rate of annual income return on an investment, expressed as a percentage. It is obtained by dividing the current dollar income by the current market price of the security.

Yield to Maturity: The rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage.

Yield Curve: The yield on bonds, notes or bills of the same type and credit risk at a specific date for maturities up to thirty years.

8.e
June 10, 2024

Packet Pg. 44

CITY COUNCIL

STAFF REPORT
MEETING DATE: June 10, 2024
ITEM TITLE: Accept the Fiscal Year 2023-24 Third Quarter Financial Report for the Period Ending March 31, 2024.

RECOMMENDATION:

Staff recommends that the City Council accept the Quarterly Financial Report (“Report”) for the third quarter of Fiscal Year (FY) 2023-24 ended March 31, 2024.

FISCAL IMPLICATIONS:

There is no financial impact associated with accepting this report.

BACKGROUND:

In May 2023, the City Council approved financial policies formalizing long standing practices. The policies were established to ensure that the City's finances are managed in a manner that will: (1) continue to provide for the delivery of quality services; (2) maintain and enhance service delivery as the community grows, in accordance with the General Plan; (3) guarantee a balanced budget annually assuring that the City is operating within its means; and (4) establish reserves necessary to meet known and unknown future obligations.

A key component of these policies includes the preparation of a quarterly financial report. This report provides an executive summary of the City’s current financial status as it relates to the adopted operating budget.

Attached is the Report for the third quarter that reflects the City’s overall General Fund financial position as of March 31, 2024. Included in the Report is an update on the General Fund balance, analysis of revenues earned to date, and expenses incurred for the first nine months of the fiscal year.

ANALYSIS:

Revenues
The Report for the third quarter is prepared on a cash basis, therefore only revenue received by March 31 is reflected. Since revenue is received on many different schedules depending on type, it is useful to compare the year-to-date (“YTD”) actual amounts to the prior year’s actual amounts.

Overall, fiscal year-to-date revenues were approximately $40.66 million, or $437,000 and 1.1% lower than last year at the end of the third quarter and represented 73.5% of the budget. As discussed in the attached Report, revenues from sales taxes, charges for services, and vehicle

8.f
June 10, 2024

Packet Pg. 45

in lieu were lower than the prior year. This was primarily due to the continued countywide shortfall in Vehicle in Lieu revenues combined with the continuing inflationary environment, shifting spending patterns, and timing and receipt of permit revenue related to large-scale development projects.

Property tax, other taxes, license and permits, use of money and property, and other revenues were higher compared to quarter three of last year. As discussed in the attached Report, this was due to the increased assessed values, continuing improvement in tourism and travel activity, higher interest rates on investment returns, and proceeds from the Wheeler Plaza Development.

Expenditures
Expenditures are recorded when paid, using the cash basis method of accounting. Overall, expenditures were $43.69 million, or 70.2%, of the budget. Total expenses were $4.9 million higher than the third quarter of last year due to the one-time $3 million payment to CalPERS in January to pay down the City’s pension Unfunded Accrued Liability, and due to increases in the budget approved by the City Council in June 2023. These include several program changes and additional staffing changes necessary to implement the strategic plan objectives, to support the increased level of development activity, to manage the increase in infrastructure projects, and to account for higher costs for contracted fire services from the City of Redwood City and law enforcement services from the San Mateo County Sheriff’s Office. Additional details can be found in the attached report.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Accept the Quarterly Financial Report for the third quarter of FY 2023-24 ended March 31, 2024; or

2. Do not accept the Quarterly Financial Report; 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. Q3 FY24 Financial Report

8.f
June 10, 2024

Packet Pg. 46

CITY OF SAN CARLOS

Third Quarter of Fiscal Year 2023-24

The City has completed the third quarter of the fiscal year ( “FY”) 2023-24 ended March 31, 2023. This report summarizes the activities of the City’s General Fund, which is the primary operating fund of the City and is used to account for most operating activities. This report is not meant to be inclusive of all finance and accounting transactions. It is intended only to provide the Council and the public with an overview of the state of the City’s general fiscal condition.

GENERAL FUND FINANCIAL POSITION
The General Fund is comprised of budgeted operating r evenues of $ 55,339,300 and operating expenditures of $62,223,850 for FY 2023-24. Expenditures in the General Fund account for direct services provided to the residents of San Carlos , including General Government services, Police s ervices, Fire services, Parks and Recreation, Community Development and Public Works.

TOP SEVEN GENERAL FUND REVENUES
The City’s seven main revenue sources accounted for approximately 88.1% of the General Fund’s year-to- date total operating revenue in FY 2023-24.

Overall, these key operating revenues largely performed as projected based on payment schedules , past trends, and the expect ation of continuing economic growth. Any significant variations in the different revenue categories compared to the third quarter of the prior year and the budget are noted below:
• Property tax. Most of the City’s property taxes are received in December and April. The property taxes received through the third quarter were $522,000 higher compared to the third quarter of last fiscal year due to increased assessed values. We expect that the property tax payments will be higher than budget this year due to the increases to the assessment rolls from large development.

Quarterly Financial Report

8.f
June 10, 2024

Packet Pg. 47

• Sales Tax. Revenues for the quarter were $324,000 lower than in the same period of the prior year.

Due to a continued inflationary environment and high interest rates, consumer behavior has shifted to focus on essential household items over more expensive purchases. Rising prices are driving positive sales tax proceeds regardless of lower sales volume which were more prevalent in the categories of autos and transportation, building and construction, food and drugs, fuel and service stations and general consumer goods . Business and industry had a slight increase driven by regional energy and solar projects, and restaurant and hotels due to spiking menu prices. • Charges for Services . Most of the revenues collected in this quarter were for recreation classes, special event sponsorships and fees, inspection fees, development fees, and building plan checks.

Revenue was at 92.9% of the full year’s budget and compared to the third quarter of the prior year, there was a decrease of $2,380,000 mainly due to greater collection of plan check fees from large development projects in the prior year. Plan check and inspection fee revenues can vary from year to year due to the timing of large-scale development projects. • Vehicle in-lieu (VLF). The revenue received in this fiscal year was $2,424,000 less than the prior year mainly due to the receipt of the county-wide shortfall from fiscal year 2020-21 received in the prior year which was significantly higher than the shortfall received for FY2021- 22 in August and December this year. It is anticipated that these shortfalls will continue county-wide. • Other Taxes. These include Transient Occupancy Tax (“TOT”) and Franchise fees. Total revenue was $371,000 higher than in the third quarter of the prior year. The budgeted Other Tax revenues for the full year are $551,000 more than the prior year, anticipating a continued increase in tourism and travel activity and reflecting higher expected franchise fee payments. • Licenses & Permits. Revenues were $800,000 greater than at the same point in the prior year and have achieved 125% of this year’s budget. Similar to Charges for Services, this revenue category can vary from year to year due to the timing of development projects. • Use of Money and Property. This revenue stream was $360,000 higher than in the third quarter of the prior year mostly due to higher interest rates on investment returns. • Other Revenues. This revenue category includes business registration fees, vehicle code fines, various cost reimbursements, and grants. It was $2,638,000 more compared to the third quarter of the prior year largely due to the one-time payment associated with the Wheeler Plaza Development in the amount of $2,500,000.

GENERAL FUND EXPENDITURES
In June 2023, the City Council approved several program changes and additional staffing changes for FY 2023-24 that were necessary to implement the strategic plan objectives, support the continued high level of development activity, manage the infrastructure projects, and advance the increased communication needs. As a result, the total expenditures for the third quarter of the current fiscal year were 12.6% higher than last year. As shown in the table below, expenditures are generally on target for the third quarter of the fiscal year when compared to budget. Any significant variations are noted below.

• General Government. Expenditures were $3,217,000 higher than the third quarter of the prior year primarily due to a $3,000,000 one-time payment to pay down the Unfunded Accrued Liability to CalPERS and increases in compensation costs as compared to the prior year. These increases have been partially offset by savings from vacant positions throughout the year. • Community Development. Expenditures were $112,000 greater than the prior year due to higher compensation costs offset by lower professional services costs. • Fire. Expenditures were $ 325,000 greater than in the third quarter of the last fiscal year due to increases in costs for contracted fire services from the City of Redwood City. The increase was

8.f
June 10, 2024

Packet Pg. 48

partially offset by lower annual pension payments related to the former Belmont San Carlos Fire Department.
• Police. Expenditures were greater than the same period of last year by $ 535,000 due to the cost increase in the law enforcement services contract with the San Mateo County Sheriff ’s Office , partially offset by the decrease in the annual pension payments to CalPERS. • Parks and Recreation. Quarter three year-to-date expenditures were $271,000 higher compared to last year partly due to increases in part-time staff costs as compared to the prior period last year to support offered programs, classes, and special community events, and partly due to higher overall compensation costs.
• Public Works. Expenditures were $4 45,000 higher than the prior year primarily due higher compensation costs based on the timing of vacancies when compared to the prior period last year.

Professional services were also up due to the use of contractors to backfill vacant positions.

• Salaries and benefits. Expenditures were $4,107,000 greater than in the third quarter of last year due to the increases in compensation costs as noted above, and the $3,000,000 one-time payment to CalPERS.
• Professional Services. Expenditures were $708,000 higher than the prior year due to increases in contracted public safety costs related to fire and police, and professional services contracts related to the City’s development projects.
• Other Operating. E xpenditures were $ 97,000 higher in the third quarter when compared to the same period in the prior year, mainly due to the timing of payments related to school crossing guard and slightly higher community promotion costs related to events. • Capital Outlay costs were $7 ,000 less than in the last fiscal year due to the lower cost of total equipment purchases.

FOR MORE INFORMATION
This summary is based on detailed information produced by the City’s Finance Division. If you would like additional information or have any questions about this report, please call (650) 802-4213.

8.f
June 10, 2024

Packet Pg. 49

CITY COUNCIL

STAFF REPORT
MEETING DATE: June 10, 2024
ITEM TITLE: Accept the Fiscal Year 2023-24 Third Quarter Investment Report for the Period Ending March 31, 2024.

RECOMMENDATION:

Staff recommends that the City Council review and accept the Quarterly Investment Report (“Report”) for the third quarter of Fiscal Year (“FY”) 2023-24 ending March 31, 2024.

FISCAL IMPLICATIONS:

There is no fiscal impact associated with accepting the Report.

BACKGROUND:

On June 26, 2023, the City Council approved the Annual Investment Policy (“Policy”) per Resolution No. 2023-081. In accordance with the Policy, the City Administrative Services Director is responsible for investing the unexpended cash used for funding operations of the City of San Carlos (“City”).

The investment of funds for the City is directed by the goals of safety, liquidity, and yield. The authority governing investments for municipal governments is set forth in the California Government Code, sections 53601 through 53686 (“Code”). Effective January 1, 2023, per section 53646 (b)(1) of the Code, the Investment Committee serving as the legislative body will have the quarterly reports for its review within forty-five (45) days following the end of the quarter.

Thus, this Report and its attachments are furnished for review and information.

Beginning in FY 2016-17, the City included the checking account balance as part of this Report.

Although a checking account is not a typical investment account, this balance is included to show the total cash on hand for the quarter. The City typically maintains $1 million to $3 million, and a larger balance at the end of the calendar year, in the checking account to meet cash disbursement needs. Transfers are usually made into the investment accounts during the quarter to account for receipts that exceed disbursements.

Investment Strategy
The City’s investment priorities, in order, are “Safety, Liquidity, and Yield,” while meeting the cash flow needs of the City through prudent investment of unexpended cash.

Compliance with Policy
Historical cash flow trends are compared to current cash flow requirements on an ongoing basis to ensure the City’s investment portfolio will remain sufficiently liquid to enable the City to meet

8.g
June 10, 2024

Packet Pg. 50

all reasonably anticipated operating requirements. As of March 31, 2024, the portfolio contains sufficient liquidity to meet the next six months of expected expenditures by the City.

As of March 31, 2024, the City has no investment instruments with a maturity date longer than one year. All investments are in highly liquid accounts, using the State of California and County of San Mateo investment pools, and are in compliance with the Policy.

The primary objective of the Policy of the City of San Carlos is “safety of principal”. The permitted investments section of the Policy also states:

Local Agency Investment Fund (LAIF), which is a State of California managed investment pool, and San Mateo County Investment pool, may be used up to the maximum permitted by California State Law. A review of the pool/fund is required when they are part of the list of authorized investments, with the knowledge that the pool/fund may include some investments allowed by statute but not explicitly identified in this investment policy.

ANALYSIS:

The Investment Portfolio (Attachment 1) indicates that on March 31, 2024, City funds in the amount of $184,993,577 were invested, producing a weighted average yield of 3.90% for this quarter. The amount in the checking account was $2,521,232. The Local Agency Investment Fund (“LAIF”), the City’s benchmark for comparison of investment yield, was 4.12% for the quarter. The investment yield, net of administrative fees, for the County Pool was 3.75%. The allocation of the investment portfolio balance to various City funds is included on page 3 of the attachment.

Below is a summary of the changes from the last quarter.

City of San Carlos Portfolio
Quarter Ended
03/31/24
% of
Total
Quarter Ended
12/31/23
% of
Total
Increase
(Decrease)
City-Checking 2,521,232$ 1% 3,467,885$ 2% (946,653)$ City-SM County Pool 111,771,738 60% 110,321,073 59% 1,450,665 City-LAIF 73,221,839 39% 73,048,078 39% 173,761
Total 187,514,809$ 100% 186,837,036$ 100% 677,773$
The portfolio balance at the end of the 3rd quarter is $187,514,809, an increase of approximately $678,000. The increase in the portfolio balance was due to the timing of the cash receipts and cash payments. The City draws on the investment portfolio throughout the year for normal operating activity, typically with the more significant levels of draw occurring in the first quarter (July through September) and fourth quarter (April through June). The City’s cash position typically improves in late December and April due to the receipt of property tax collections from San Mateo County.

The increase in the third quarter driven by revenues was partially offset by several major distributions: (1) $4.4 million payment to Redwood City Fire Department for fire services; (2) $3 million one-time payment to pay down the Unfunded Accrued Liability to CalPERS; (3) $1.6 million operating expenditure contributions to Silicon Valley Clean Water; (4) $0.6 million spent on the

8.g
June 10, 2024

Packet Pg. 51

Annual Sewer Rehabilitation program; (5) $0.6 million spent on Fire Statement 16 Renovation project; (6) $0.3 million expenditure for the Annual Storm Drain Improvement project; (7) $0.3 million payment for 1232-44 Cherry Street Housing Project; and (8) $0.2 million paid to San Mateo County Sheriff’s Office for dispatching services. These drawdowns were mostly offset by $3.6 million in property tax revenues, $3.1 million in sales taxes, $2.5 million in proceeds from Wheeler Plaza, $1.1 million in Franchise Fees, and $0.4 million in Transient Occupancy tax.

Below is a comparison of quarterly cash position for the past three years.

Below is a summary of the changes in the total investment interest earnings from the prior quarter.

Qtr Ended
03/31/24
Qtr Ended
12/31/23
Increase
(Decrease)
Investment Portfolio 184,993,577$ 183,369,151$ 1,624,426$ Weighted Avg Yield 3.90% 3.59% 0.31%
Accrued Interest Earnings 1,831,411$ 1,572,428$ 258,983$ The increase in interest earnings this quarter occurred due to higher interest rates compared to the prior quarter. Interest for the investment accounts was $1,831,411, and $27,431 for the checking account.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Accept the Quarterly Investment Report for the third quarter of Fiscal Year 2023-24 ending March 31, 2024; or

2. Do not accept the Report; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director
$100
$120
$140
$160
$180
$200
Sept 30 Dec 31 March 31 June 30
FY 24
FY 23
FY 22
Cash Position of Investments
($ in millions)

8.g
June 10, 2024

Packet Pg. 52

Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Q3 Investment Report FY 2023-24

8.g
June 10, 2024

Packet Pg. 53

CITY OF SAN CARLOS Historical GASB 31
Date Purchase Book % of Market Quarterly
Investment TypeAccount/CUSIP #Purchased Price ($) Qtr. Year-to-date Value ($) Portfolio Value ($)* Income

LIQUID ACCOUNTS
Checking Account 2,521,232$ 2.91% 3.30% 2,521,232$ 1% 2,521,232$ 27,431$ Investment Accounts
San Mateo County Pool-City of San Carlos111,771,738 3.75% 3.47% 111,771,738 60% 110,459,537 1,059,105 State of California LAIF-City of San Carlos73,221,839 4.12% 3.79% 73,221,839 39% 72,796,513 772,306 Total Liquid Accounts 184,993,577$ 3.90% 3.59% 184,993,577$ 99% 183,256,050$ 1,831,411$ Total for City of San Carlos 187,514,809$ 3.88% 3.59% 187,514,809 $ 100% 185,777,282$ 1,858,842$

* Note: Difference in value between Historical Value and Market Value may be due to timing of purchase. Investments in the investment pools may have been purchased when interest rates were lower or higher than the end date of this report. As interest rates increase or decrease, the value of the investment pools will decrease or increase accordingly. However, the interest rate fluctuations does not have impact to the City's balance in the investment pools. The market values are presented as a reference only.

Yield
%

INVESTMENT PORTFOLIO

CITY OF SAN CARLOS
March 31, 2024

8.g
June 10, 2024

Packet Pg. 54

Investment Portfolio Diversification
City of San Carlos Checking Account 2,521,232$ 1% City of San Carlos SM County Pool 111,771,738 60% City of San Carlos LAIF-General 73,221,839 39%
Total 187,514,809$ 100%
City - Checking1%City - SMC Pool60%City - LAIF39%City - CheckingCity - SMC PoolCity - LAIFCity of San CarlosInvestment Portfolioas of March 31, 2024

8.g
June 10, 2024

Packet Pg. 55

Funds Cash Balance
% of Total
Balance
Capital Projects Funds (Fund 10, 14, 16, 18, 25, 26, 27, and 28) 63,022,017$ 33%
Sewer Fund (Fund 6) 46,440,802 25%
Housing Funds (Funds 29 and 31) 4,533,848 2% Facility/Infrastructure Improvements 23,441,500 13% General Fund Operations (includes checking account) 12,075,983 6% Unfunded Liabilities 4,000,000 2%
Economic Uncertainties Reserve 9,124,607 5% Strategic Property Acquisition 7,191,795 4% Restricted by contract or outside party 6,865,188 4% Assigned Property Acquisition 3,000,000 2% Special Revenue Funds and Library Debt Service (Funds 15, 17, 93 and 95) 4,400,843 2%
Internal Service Funds (Funds 32, 33, and 35) 3,418,226 2% Total 187,514,809$ 100%
City of San Carlos
Investment Allocations
as of March 31, 2024
33%25%2%13%6%2%5%4%4%2%2%2%Capital Projects Funds (Fund 10, 14, 16, 18, 25, 26, 27, and 28)Sewer Fund (Fund 6)Housing Funds (Funds 29 and 31)Facility/Infrastructure ImprovementsGeneral Fund Operations (includes checking account)Unfunded LiabilitiesEconomic Uncertainties ReserveStrategic Property AcquisitionRestricted by contract or outside partyAssigned Property AcquisitionSpecial Revenue Funds and Library Debt Service (Funds 15, 17, 93 and 95)Internal Service Funds (Funds 32, 33, and 35)

8.g
June 10, 2024

Packet Pg. 56

City of San Carlos Investment Portfolio
Mar-22 Jun-22 Sep-22 Dec-22 Mar-23 Jun-23 Sep-23 Dec-23 Mar-24 City - Checking 5,993,674 2,166,789 2,115,336 3,257,964 2,755,075 3,112,159 2,259,219 2,521,232 2,521,232 City - SM County Pool 84,355,059 96,365,828 92,597,140 106,000,261 105,745,654 114,209,600 112,625,276 110,321,073 111,771,738 City - LAIF 51,260,708 66,551,266 69,161,866 70,891,695 74,441,588 73,628,612 74,882,268 73,048,078 73,221,839 Total 141,609,441$ 165,083,883$ 163,874,342$ 180,149,920$ 182,942,316$ 190,950,371$ 189,766,763$ 185,890,383$ 187,514,809$ 0%10%20%30%40%50%60%70%80%90%100%Mar-22 Jun-22 Sep-22 Dec-22 Mar-23 Jun-23 Sep-23 Dec-23 Mar-24City of San Carlos Historical Summary of Investment Portfolio City - Checking
City - LAIF
City - SM CountyPool

8.g
June 10, 2024

Packet Pg. 57

Investment Accounts Mar-22 Jun-22 Sep-22 Dec-22 Mar-23 Jun-23 Sep-23 Dec-23 Mar-24 San Mateo County Pool-City of San Carlos0.87% 0.91% 1.31% 1.45% 1.78% 2.12% 3.13% 3.19% 3.39% State of California LAIF-City of San Carlos0.27% 0.38% 1.33% 1.66% 1.99% 2.28% 3.56% 3.62% 3.82% Annualized Rate of Return

CITY OF SAN CARLOS

INVESTMENT ANNUALIZED RATE OF RETURN
March 31, 2024

0.00%0.50%1.00%1.50%2.00%2.50%3.00%3.50%4.00%4.50%Mar-22 Jun-22 Sep-22 Dec-22 Mar-23 Jun-23 Sep-23 Dec-23 Mar-24Investment Annualized Rate of ReturnSan Mateo County Pool-City of San CarlosState of California LAIF-City of San Carlos

8.g
June 10, 2024

Packet Pg. 58

CITY COUNCIL

STAFF REPORT
MEETING DATE: June 10, 2024
ITEM TITLE: Adopt a Resolution Setting the Tax Rate for Fiscal Year (FY) 2024-25 with Respect to the General Obligation Refunding Bonds for the Library Project and Approving the Transfer of Funds from the Library Tenant Fund (“Fund 0095”) for an Early Payoff of the Bonds Resulting in a 10% Reduction for the Taxpayers in FY 2024-25 and No Tax Due in FY 2025-26.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution setting the tax rate for Fiscal Year (FY) 2024-25 with respect to the General Obligation Refunding Bonds (”Bonds”) for the Library Project. It is also recommended that, together with existing fund balance in the Library Debt Service Fund (“Fund 0093”) and a transfer from the Library Tenant Fund (“Fund 0095”), the tax rate be set at such a level to effect an advance payoff of the outstanding principal balance and interest on the Bonds in FY 2024-25. This action will result in a 10% reduction for the taxpayers in FY 2024-25 and no tax due for FY 2025-26.

FISCAL IMPLICATIONS:

Taking into account existing fund balance in Fund 0093, the proposed transfer from Fund 0095, and projected property tax receipts in FY 2024-25 based on the proposed tax rate, staff has determined that there will be sufficient funds to pay off the remaining outstanding principal and interest balance on the Bonds during FY 2024-25. To accomplish this, it is necessary to levy a tax upon all taxable property in the city at the rate of 0.002136% of assessed valuation in FY2024- 25 (representing $2.14 per $100,000 of assessed valuation).

BACKGROUND:

Pursuant to Section 43632 of the California Government Code, the City Council is required annually to levy and collect a tax sufficient to pay the principal of and interest on the Bonds coming

8.h
June 10, 2024

Packet Pg. 59

due and payable before the proceeds of a tax levied at the next general tax levy will be available.

In June 1996, more than two-thirds of San Carlos voters approved a proposition authorizing the issuance by the City of General Obligation Bonds in the aggregate principal amount of $8,000,000 to fund the construction of the San Carlos Library. In November 2005, the City refunded those bonds in full to realize debt service savings for the benefit of the taxpayers. On February 9, 2015, the City Council adopted Resolution 2015-012 authorizing the issuance and sale of 2015 General Obligation Refunding Bonds to refund the outstanding 2005 Library Refunding General Obligation Bonds. The total principal and interest remaining to be paid on the 2015 General Obligation Refunding Bond is $1,460,000 and $44,900 respectively, with a term date of August 1, 2026.

During the FY 2023-25 budget study session on May 5, 2023, it was proposed that the Bonds could be paid off early as part of the City’s Centennial celebration. Since the Bonds were due to mature in August 2026 an early payoff would be financially reasonable. By using existing fund balance from Fund 0093 and Fund 0095, taxpayers will benefit from a reduced Bond-related tax rate in FY 2024-25 and no tax relating to the Bonds in FY 2025-26.

ANALYSIS:

Based on an estimated assessed value for the City for FY2024-25, the proposed tax levy rate of

0.002136% will yield approximately $356,000. This rate represents a 10% reduction from the rate charged in FY 2023-24 of 0.002377%. Together with the projected Fund 0093 FY 2023-24 ending fund balance of approximately $867,000 and the transfer from Fund 0095 of $282,000, total available funds will be approximately $1,505,000, which is sufficient to pay off the outstanding principal balance and remaining interest on the Bonds during FY 2024-25.

The adjusted tax rate results in a tax payment for the average residential homeowner in the amount of $25.75 in FY 2024-25 and no tax assessment for FY 2025-26.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution setting the tax rate for FY 2024-25 with respect to the General Refunding Bonds for the Library Project and approving the transfer of funds from the Library Tenant Fund 0095 for an early payoff of the Bonds resulting in a 10% reduction for the taxpayers in FY 2024-25 and no tax due in FY 2025-26; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Rebecca Mendenhall, Administrative Services Director

8.h
June 10, 2024

Packet Pg. 60

Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

8.h
June 10, 2024

Packet Pg. 61

RESOLUTION NO. 2024 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS SETTING THE TAX RATE FOR FISCAL YEAR (FY) 2024-25 WITH RESPECT TO GENERAL

OBLIGATION REFUNDING BONDS FOR THE LIBRARY PROJECT AND APPROVING THE TRANSFER OF FUNDS FROM THE LIBRARY TENANT FUND (“FUND 0095”) FOR AN EARLY PAYOFF OF THE BONDS RESULTING IN A 10% REDUCTION FOR THE TAXPAYERS IN FY 2024-25 AND NO TAX DUE IN FY 2025-26.

WHEREAS, at an election held on June 4, 1996, more than two-thirds of the voters of the City of San Carlos (the “City”) approved a proposition authorizing the issuance by the City of general obligation bonds in the aggregate principal amount of $8,000,000, for the purpose of providing funds for the construction of public library facilities; and

WHEREAS, pursuant to such authorization, the City issued its City of San Carlos General Obligation Bonds, Series 1996, in the aggregate principal amount of $8,000,000, which have been refunded from the proceeds of the City of San Carlos 2015 General Obligation Refunding Bonds that were issued in the aggregate principal amount of $4,600,000 (the “Bonds”); and

WHEREAS, pursuant to Section 43632 of the California Government Code, the City Council is required annually to levy and collect a tax sufficient to pay the principal of and interest on the Bonds coming due and payable before the proceeds of a tax levied at the next general tax levy will be available; and

WHEREAS, the City wishes to pay off the Bonds early in FY 2024-25 as part of the City’s centennial celebration; and

WHEREAS, the City has determined that to provide sufficient funds, together with remaining fund balance in the Library Debt Service Fund 0093 and a transfer from the Library Tenant Fund 0095, to effect the early payoff of the outstanding principal balance and interest on the Bonds in FY 2024-25, it is necessary to levy an ad valorem property tax upon all taxable property in the City at the rate of 0.002136% of assessed valuation (representing $2.14 per $100,000 of assessed valuation), based on the estimated assessed values for all rolls (secured, unsecured and utility) for Fiscal Year 2024-25. No tax will be levied in FY 2025-26.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Carlos as follows:

SECTION 1. Levy of Tax. The City Council hereby determines that the tax rate necessary, together with remaining fund balance in the Library Debt Service Fund 0093 and a transfer from the Library Tenant Fund 0095, to affect the early pay off the outstanding principal balance and interest on the Bonds in FY 2024-25, is 0.002136% of assessed valuation (representing $2.14 per $100,000 of assessed valuation), and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law.

SECTION 2. Collection of Tax. The Administrative Services Director is hereby directed to forward a copy of this Resolution to the Controller of San Mateo County (the “County”) and to the Board of Supervisors of the County and to take such actions and execute such documents as

8.h
June 10, 2024

Packet Pg. 62

may be required to cause the tax rate set forth in Section 1 to be placed on the 2024-25 property tax bill and collected by the County.

SECTION 3. Application of Tax. As provided in Section 43634 of the California Government Code, all taxes levied pursuant to this Resolution shall be used only for payment of the Bonds and the interest thereon.

SECTION 4. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.
* * * * *
I, City Clerk Crystal Mui, 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 10th day of June, 2024, by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

8.h
June 10, 2024

Packet Pg. 63

CITY COUNCIL

STAFF REPORT
MEETING DATE: June 10, 2024
ITEM TITLE: Deny Claim of Todd Leyte-Vidal.

RECOMMENDATION:

Staff recommends that the City Council deny the claim of Todd Leyte-Vidal as recommended by the Sedgwick representative.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Todd Leyte-Vidal (“Claimant”). Staff recommends that the City Council deny the claim based on Sedgwick’s guidance.

The Tort Claims Act. California Government Code Sections 900, seq., mandates that all claims for money or damages against a public entity must be presented in writing to the public entity prior to filing suit. Generally, claims concerning personal injury, wrongful death, damage to personal property, or damage to crops must be presented to the public within six (6) months of the accrual of the claim. All other claims, principally claims on contracts and damage to real property, are subject to a one-year statute of limitations for presentation of the tort claim. Once a tort claim is received by the public entity, the entity has forty-five (45) days to act on the claim. A claim can be settled or rejected. If no action is taken within 45 days, the claim is deemed rejected by operation of law on the last day.

Claims Processing in San Carlos. When the City receives a claim, the claim is immediately forwarded to claims examiners at Sedgwick for investigation. After Sedgwick investigates the claim, Sedgwick provides a recommendation to the City on the handling of the claim.

About Sedgwick. Sedgwick is a leading global provider of technology-enabled risk, benefits and integrated business solutions. In July 2019, Sedgwick acquired York Risk Services Group (“York”). York was originally hired through the Pooled Liability Assurance Network Joint Powers Authority (“PLAN JPA”), and Sedgwick will continue claims administration services to provide claims administration services to the City. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network or “ABAG PLAN”) on November 27, 2017 and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board members.

8.i
June 10, 2024

Packet Pg. 64

ANALYSIS:

The Claimant filed a claim against the City for property damages. He alleges that while he was driving on January 15, 2024, he hit a large pothole which punctured his tire near the crosswalk at Cordilleras and Brittan Avenues. Claimant is seeking reimbursement of $344.66, which was the cost to replace his tire.

The incident location was not under any construction at the time of the date of loss. In addition, there was no prior notice of the pothole. Government code section 835 provides immunities when there was no known prior notice to the City of a ”hazardous condition”. For these reasons, Sedgwick recommends formal rejection of Todd Leyte-Vidal's claim. The pothole in question was filled shortly after the incident date.

The Council‘s rejection of this claim does not prevent City staff or the staff of Sedgwick from continuing to work with the claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny claim of Todd Leyte-Vidal; or

2. Do not deny claim of Todd Leyte-Vidal; 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. Leyte-Vidal Claim

8.i
June 10, 2024

Packet Pg. 65

8.i
June 10, 2024

Packet Pg. 66

8.i
June 10, 2024

Packet Pg. 67

8.i
June 10, 2024

Packet Pg. 68

CITY COUNCIL

STAFF REPORT
MEETING DATE: June 10, 2024
ITEM TITLE: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with CSG for On-Call Planning Consultant Services for the Community Development Department’s Planning and Economic Development & Housing Divisions, for a Period of Three Years, with the Option of Two One-Year Extensions, in an Amount Not to Exceed $300,000 Per Fiscal Year.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution authorizing the City Manager to execute a professional services agreement with CSG for on-call planning consultant services for a period of three years, with two one-year extensions, for a contract amount not to exceed $300,000 per fiscal year.

FISCAL IMPLICATIONS:

The proposed agreement for professional services would not commit the City of San Carlos to any new fiscal obligations. The purpose of this action is to pre-qualify a firm for services to be provided on an as-needed basis. The agreement includes no retainer and no guarantee of work.

When professional services are needed, staff will request a proposal from one or more of the firms on the on-call list and select the best firm based on cost, timeliness, experience, and approach.

Funding for these professional services will come from the Planning Professional Services Key Development expense account (01191000-520330-KEYDV), which has a Fiscal Year (FY) 2024- 25 Adopted Budget of $794,300 and is offset from developer fees paid into the Key Development revenue account (407009). There are also funds available in the current planning professional services account in the amount of $366,000 for these services.

BACKGROUND:

The Community and Economic Development Department has relied on on-call planning services for many years, particularly to assist the City’s full-time staff with processing development applications, managing complex projects, and facilitating key development applications. On-call planning services enable the current planning division to adjust its staffing needs up or down in accordance with economic cycles and fluctuations in workload demand.

On February 8, 2021, the City Council adopted Resolution 2021-011, approving agreements with three on-call professional planning services firms including MIG, Placeworks, and Urban Planning Partners. Each contract was approved for a period of three years, in an amount not to exceed $300,000 per year, with two, one-year extensions.

The contract for Placeworks and MIG will be extended for another year through a contract amendment. However, the contract for Urban Planning Partners will not be extended as the firm

8.j
June 10, 2024

Packet Pg. 69

has continually indicated being short-staffed. Instead, staff recommends adding CSG for on-call planning services. For the past staff report and attachments from the February 8, 2021 City Council meeting refer to: https://www.cityofsancarlos.org/agenda ANALYSIS:

Request for Qualifications: A request for qualifications (RFQ) was released on February 29, 2024 to solicit statements of qualifications from qualified firms to provide in-house planning staffing services. The RFQ was sent directly to firms and posted on three websites including the City’s, Planetizen (a professionally recognized independent resource for planning), and the American Planning Association’s (APA) website. The Community and Economic Development Department received six responses from 4Leaf, City Advisors, CSG, Good City Company, Interwest, and VCA code and short-listed two qualified firms. The below table indicates main office locations of responding firms.

Firm Location
1 4Leaf Santa Cruz, CA
2 City Advisors Rancho Mission Viejo, CA
3 CSG Orange, CA; Foster City, CA
4 Good City Company Redwood City, CA
5 Interwest Loveland, CO; Fremont, CA
6 VCA Code Orange, CA
The criteria for shortlisting firms included their ability to be physically present at City Hall, professional standing and experience in the Bay Area, alignment of planning services with the City's needs, and the regular availability of staff. Notably, some firms primarily operated in Southern California, limiting their in-person availability, while others proposed billing for travel expenses.

After careful consideration, two firms were shortlisted (CSG and Good City Company) and subsequently interviewed in-person by a selection committee consisting of Al Savay (Community and Economic Development Director), Andrea Mardesich (Assistant Community Development Director), Chris Valley (Chief Building Official), and Rucha Dande (Principal Planner). The interviews allowed the committee to engage with the firms' principals and key staff members.

While CSG was not chosen to provide in-house planning staffing services, staff recommends that CSG be added to the list of qualified firms as the services they provide are better suited for on- call planning services. The purpose of establishing a contract with CSG for on-call planning services and adding them to the on-call list of qualified firms is to streamline the project review process and provide the City with flexibility in selecting firms for specific planning projects.

Notably, CSG already has a contract with the Building Division for building plan checks, which would ensure consistent review from start to finish, if needed. Like the firms already on the on- call list, CSG is a full-service and highly qualified firm. When necessary, staff will request scopes of work and cost estimates from several on-call firms or request one firm to complete the task.

The selection will be based on the firm's expertise, experience with similar projects, availability, and cost. See Attachment 2 for CSG’s proposal.

8.j
June 10, 2024

Packet Pg. 70

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the City Manager to execute a professional services agreement with CSG for on-call planning consultant services for a period of three years with two one-year extensions, with contract amount not to exceed $300,000 per fiscal year; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Al Savay, Community Development Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. CSG Proposal

8.j
June 10, 2024

Packet Pg. 71

RESOLUTION NO. 2024 – ____

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH CSG FOR ON-CALL PLANNING CONSULTING SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT’S PLANNING AND ECONOMIC

DEVELOPMENT & HOUSING DIVISIONS, FOR A PERIOD OF THREE YEARS,

WITH THE OPTION OF TWO ONE-YEAR EXTENSIONS, IN AN AMOUNT NOT TO EXCEED $300,000 PER FISCAL YEAR.

WHEREAS, the Community and Economic Development Department has relied on on- call planning services for many years, particularly to assist the City’s full-time staff with reviewing and processing development applications, managing complex projects, and facilitating key development applications; and
WHEREAS, on February 8, 2021, the City Council adopted Resolution 2021-011, approving agreements with three on-call professional planning services firms including MIG, Placeworks, and Urban Planning Partners for a period of three years in an amount not to exceed $300,000 per year with two, one-year extensions. The contracts with Placeworks and MIG will be extended for another year through contract amendments. However, the contract with Urban Planning Partners will not be extended as the firm has continually indicated being short-staffed; and
WHEREAS, on February 29, 2024, a formal request for qualifications (RFQ) was published to select the best qualified firm for in-house planning staffing services; and WHEREAS, staff reviewed the request for proposals and statements of qualifications from six responding firms and, following interviews, found that CSG was qualified and a better fit to be added to the City’s on-call planning services list; and WHEREAS, having CSG on contract for on-call planning services and adding them to the on-call planning services list of qualified firms will streamline the project review process and provide the City with flexibility in selecting firms for specific planning projects; and WHEREAS, CSG is full-service and a highly qualified firm in the San Francisco Bay Area; and
WHEREAS, based on anticipated on-call planning services needed in the coming years and consistent with other on-call planning services firms, staff recommends the contract amount for CGS be authorized in an amount not to exceed $300,000 per each fiscal year.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Carlos authorizes the City Manager to execute a professional services agreement with CSG for on-call planning consultant services for a period of three years with two one-year extensions, for a contract amount not to exceed $300,000 per fiscal year.
* * * * *
I, City Clerk Crystal Mui, 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 10th day of June 2024, by the following vote:

8.j
June 10, 2024

Packet Pg. 72

________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

8.j
June 10, 2024

Packet Pg. 73

CITY OF

SAN CARLOS
Request for Qualifications Prepared By

CSG CONSULTANTS
3707 W. Garden Grove Blvd., Suite 100 | Orange, CA 92868 TEL : 714.568.1010 | FAX : 714.568.1028
www.csgengr.com

IN-HOUSE PLANNING STAFFING SERVICES FOR

THE CITY OF SAN CARLOS
FEBRUARY 28, 2024

8.j
June 10, 2024

Packet Pg. 74

In-House Planning Staffing Services for the City of San Carlos i February 28, 2024
Attn: Rucha Dande
Senior Planner
Community Development Department
600 Elm Street
San Carlos, California 94070
Subject: In-House Planning Staffing Services for the City of San Carlos Dear Ms. Dande,
Thank you for the opportunity for CSG Consultants (CSG) to present an overview of our Planning and Environmental services qualifications to the City of San Carlos (City). We understand the City has a need for In- House Planning Staffing Services. To meet the City’s needs, CSG brings specialized Planning and Environmental expertise, a depth and breadth of highly experienced staff, an office within proximity to the City, and the ability to adapt to the City’s changing needs. CSG has been providing services to the City of San Carlos Community Development Department, including Building Official, building plan review, and building inspection, construction management, and engineering services.

Through our many years of service to our public agency clients, we have learned that key attributes a consultant can offer a client are expertise, experience, responsiveness, flexibility and a solid understanding of community concerns. In addition to acting on these service principles, CSG has as a main objective, to focus on ensuring integrity and excellence in our analyses and processes, culminating in win-win solutions and the successful review of projects.

CSG is an employee-owned company and works solely for public agencies, serving as a seamless extension of municipal staff. We currently furnish planning, environmental, sustainability, building and safety, fire prevention, code enforcement, public works and a host of additional services to over 250 municipal clients throughout California.

From our broad bench of licensed and certified professionals, we can select and readily commit team members ideally suited to deliver the exact services required and customize results to meet our clients unique and challenging needs.

PROJECT CONTACTS
Mr. Ethan Edwards, AICP, CSG’s Vice President of Planning Services, will serve as the client manager and questions and answers/quality control provider for this contract. His contact information is provided above.

Ms. Lorraine Weiss, Principal Planner, will serve as the main point of contact for the City of San Carlos. Her contact information is provided above.

We look forward to assisting the City of San Carlos with its Planning and Environmental needs. As President, I am authorized to legally bind the firm. Ms. Weiss would be happy to answer any questions regarding our proposal.

Sincerely,
____________________________
Cyrus Kianpour, PE, PLS
President

PROJECT CONTACT S
Ethan Edwards, AICP
Vice President of Planning Services
714.699.4297
[email protected]
Lorraine Weiss
Principal Planner
415.987.3057 Mobile
[email protected]

8.j
June 10, 2024

Packet Pg. 75

In-House Planning Staffing Services for the City of San Carlos ii

TABLE OF CONTENTS

SECTIONS
Cover Letter ................................................................................................................................................................ i Qualifications and Experience .................................................................................................................................... 1 Work Plan ................................................................................................................................................................... 6 Supportive Information/References .......................................................................................................................... 9 Fee ..................................................................................................................................................................... 12

APPENDIX
A Resumes

8.j
June 10, 2024

Packet Pg. 76

QUALIFICATIONS AND EXPERIENCE

FIRM PROFILE
CSG Consultants, Inc. (CSG) is an employee-owned California company with its local and headquarters office in Foster City, California. Additional support is available from our other offices in Fresno, Newman, Orange, Paso Robles, Pleasanton, Sacramento and San Jose. Founded in 1991, CSG performs work solely for public agencies, eliminating the potential for conflicts of interest between developers and agencies. In this way, we can focus exclusively on the specific needs of our municipal clients.

Our multi-disciplined municipal services staff consists of the following types of professionals:

COMPREHENSIVE MUNICIPAL SERVICES
CSG provides a wide range of services to community development and public works departments, serving as an extension of agency staff. We are customer-centric and organized into the lines of business outlined below, each managed by highly experienced industry experts. Many of CSG’s personnel serve more than one line of business, which improves the quality of customer service and results in high employee retention.

In-House Planning Staffing Services for the City of San Carlos 1

8.j
June 10, 2024

Packet Pg. 77

In-House Planning Staffing Services for the City of San Carlos 2

PLANNING EXAMPLES
Our track record of success is outstanding. The following is a small sampling of on-call contracts and projects performed under our On-Call Planning and Environmental consulting services, similar to those requested by the City. Additional examples are provided for the City’s review.

Staff Augmentation Services | Town of Colma, California 2011---Ongoing
CSG has provided complete Planning Staff Augmentation services to the Town of Colma since 2011. During this time, CSG Planners have served as the Town’s planning staff, including City Planner, which included processing of moderate and large development applications. Examples of specific policy planning services included updating the Town’s Climate Action Plan, completion of its Local Hazard Mitigation Plan, Development Fee Ordinance, Smoking Ordinance, Housing Ordinances, and Economic Development Plans. CSG staff recently managed an update to the Town’s General Plan and GP EIR, Housing Element Update, and Zoning Code and Zoning Map Update, Streetscape Master Plan for Serramonte Boulevard and Collins Avenue, and Bicycle and Pedestrian Master Plan.

Zoning Code Update and Map Update | Town of Colma, California Adopted February 2024
CSG Consultants prepared the Town of Colma Zoning Code Update and Map Update for compliance with the Town’s General Plan 2040 and Housing Element Update and State mandates. The Zoning Code Update, for its compliance with the adopted General Plan, included full review and correction of the previous code, community outreach, and public meetings throughout the adoption process. This comprehensive Zoning Ordinance Update effort aimed to be a user- friendly document with a logical order. Many sections of the ZCU have been changed in terms of their placement and new sections have been added including Objective Design Standards (ODDS). Thirteen maps, several diagrams, illustrations, and tables were created for this Zoning Code Update.

8.j
June 10, 2024

Packet Pg. 78

In-House Planning Staffing Services for the City of San Carlos 3 General Plan 2040 and Housing Element Update l Town of Colma, California As part of services for the Town, CSG Consultants were tasked with updating the Town’s General Plan. The General Plan 2040 was adopted by the City Council on March 23, 2022. CSG also worked on the Town’s Housing Element Update for its 6th Cycle, with the document adopted and certified by the City Council in January 2024, and it is currently being worked on in coordination with State Housing and Community Development Agency (HCD) for full certification by HCD this year.

Bicycle and Pedestrian Master Plan l Town of Colma, California The Town of Colma Bicycle and Pedestrian Master Plan 2023 was adopted in August 2023. The Plan focuses on developing a safe network of bikeways and walkways, identifying roadway improvements, and documenting programs and policies that supports the Town’s goal of becoming a more bicycle- and pedestrian-friendly community.

The development of this Plan will ensure consistency with the California Active Transportation Program, and aid the Town’s efforts to pursue outside funding for bicycle and pedestrian projects.

Planning Staff Augmentation Services | City of Mill Valley, California 2022---Ongoing
CSG provides current planning services to the City of Mill Valley. Services include reviewing conditional use permits and single family development permits to comply with the city’s design guidelines and neighborhood compatibility review, working with the applicants and city staff to create compatible development projects within the existing districts, downtown and historical neighborhoods. For these projects, staff services include project management, completeness reviews, prepare public notices, prepare Zoning Administrator, Planning Commission and City Council staff reports, present projects to these authorities, and prepare approval letters, and follow-up with conditions of project approval.

Planning Staff Augmentation Services | Town of Corte Madera, California 2022---Ongoing
CSG provides current planning services to the Town of Corte Madera. Services include responding to public inquiries, reviewing conditional use permits and single-family development permits to comply with the town’s design guidelines, and standard development regulations. For these projects, staff services include completeness reviews, prepare public notices, and prepare approval letters, and follow-up with conditions of project approval.

Planning Services | Town of Los Altos Hills, California 2019---Ongoing
CSG has provided staff augmentation services to the Town of Los Altos Hills. Projects have included but are not limited to a Pathway Fee Nexus Study, Master Path Map update, Natoma Oaks Subdivision, Green Infrastructure Plan and environmental review for a proposed pathway extension, and numerous single family design reviews.

Planning Support Services | City of Jackson, California 2022 - 2023
The City of Jackson contracted CSG to provide support for their Current and Long Range Planning needs. The Current Planning duties included project reviews, acting as liaison between applicant and other City departments, and reviewing of CEQA exemptions of projects. Long Range planning duties included preparation and updating of land use plans and studies.

Planning and Environmental Support Services | City of Plymouth, California 2023 - Ongoing
CSG is currently assisting the City with contact planning and environmental services. Work includes support with entitlement review and assisting with an EIR for a commercial project.

8.j
June 10, 2024

Packet Pg. 79

In-House Planning Staffing Services for the City of San Carlos 4 Staff Augmentation Services | City of Thousand Oaks, California 2021---Ongoing
CSG staff currently work with the City of Thousand Oaks to provide staff augmentation planning services by reviewing plans for compliance with zoning, design standards, and procedural requirements. Additionally, our staff help research land use issues, trends, and best practices and assist with the preparation of new land use regulations, and environmental impact reports.

Staff Augmentation Services | City of Laguna Niguel, California 2021---Ongoing
CSG is currently providing planning support services to the City of Laguna Niguel. Services include site plan reviews, entitlement processing, and public counter support.

Planning Services | City of Garden Grove, California
2014---Ongoing
CSG staff currently provides project management and staff augment planning services to the City of Garden Grove.

Staff manages the entitlement process for various priority developments and serves as the main point of contact representing the City. Staff also provide plan review, plan check and public counter coverage services.

Staff Augmentation Services | City of Scotts Valley, California 2019---Ongoing
CSG provides current and long-range planning services to the City of Scotts Valley. Tasks include customer service to the public, planning permit application processing and CEQA compliance review. Staff provide GIS support to the City and develops exhibits for projects such as the City’s General Plan Update. Staff also works on projects within the City’s Affordable Housing Program.

Planning Services | City of Carson, California
2016---Ongoing
CSG provides on-call planning and environmental services to the City of Carson. As part of this process, our Planning Lead manages technical consultants, provides document review, conducts community outreach, and attends community and City Council meetings. Our staff is currently managing The District at South Bay Specific Plan amendment for a modification to the permitted land uses and development standards for a portion of its 157-acres.

The site remains undeveloped, as it was used as a landfill site for the deposition of waste/refuse from areas throughout Los Angeles County between 1959 and 1965, prior to the incorporation of the City of Carson.

Planning Services | City of El Segundo, California
2016---Ongoing
CSG staff provides project management and entitlement processing services for the City of El Segundo. We currently manage several high-profile projects, including a ±140-acre mixed use site on the former Raytheon manufacturing site and a mixed-use media campus. Another noteworthy project is the Smoky Hollow Specific Plan Amendment and EIR for the Grand Kansas II Project. CSG staff provides entitlement project management and conducted a peer review of the environmental documentation for this office and commercial development. Our services also include Site Plan Review, Specific Plan Amendments, Coastal Development Permits, public outreach and grant administration.

City of El Segundo – Entitlement Processing

8.j
June 10, 2024

Packet Pg. 80

In-House Planning Staffing Services for the City of San Carlos 5

ENVIRONMENTAL PLANNING EXAMPLES
General Plan Update EIR | Town of Colma, California
2022
CSG Environmental Services prepared the General Plan Update EIR for the Town of Colma (Town), also know as the 2040 General Plan. The services included the environmental review and public meeting process for the GPU EIR.

Janss Marketplace Hotel EIR | City of Thousand Oaks, California 2022-2023
CSG prepared an Environmental Impact Report (EIR) to evaluate the potential environmental impacts of the development of a hotel at 225 North Moorpark Road in Thousand Oaks. The proposed project includes demolition of the current two- story retail building, to be replaced by a five-story dual hotel and retail pad, the creation of a map to designate airspace rights, and a zoning change to the footprint of the hotel to increase the building’s height limitation.

Rancho Del Mar Affordable Housing Overlay Zone IS/ND | City of Rolling Hills, California 2019
CSG prepared an environmental document to evaluate the potential environmental effects of a Mixed-Use Multi- Family Overlay Zone (Rancho Del Mar Affordable Housing Overlay Zone). The project included all associated General Plan Land Use Element updates as well as all related Zoning Ordinance and associated Map changes. The proposed mixed-use, multi-family overlay zone would accommodate the existing uses on the site and allow for new multi-family units to be developed at a future date. While preparing the IS/ND for the initial overlay zoning, General Plan and Zoning Ordinance changes, CSG was able to assist the City with initializing all associated CEQA requirements for the Housing Element updates for the 4th and 5th Cycle updates by the end of the calendar year 2020.

Administrative Headquarters Project | Orange County Sanitation District, Fountain Valley, California 2020
CSG provided peer review services for the Initial Study/Addendum to the Fountain Valley Crossings Specific Plan EIR for the proposed Administrative Headquarters Building Project sponsored by the Orange County Sanitation District. CSG’s peer review services identified potential issues and topics of concern related to the adequacy of the tiering document , consistency with impacts and conclusions of the EIR and applicability of proposed and referenced mitigation.

Staff Augmentation Services - CEQA Review | Various Client Agencies, California CSG has provided Project Management Services for several local agencies to manage, review and confirm documentation and processes are properly conducted in accordance with CEQA. Example agencies and projects include:
 Town of Colma: General Plan Update EIR, Housing Element Update CEQA  City of Sonora: Subaru facility CEQA, advisement on multiple entitlement applications for CEQA clearances  City of Plymouth: Fire Station NEPA, Arco Commercial IS/MND, CEQA advisement on entitlement applications  Calaveras County: assistance/CEQA review on entitlement applications Please refer to References in Section 6.

Town of Colma –
General Plan Update

8.j
June 10, 2024

Packet Pg. 81

WORK PLAN

METHODS AND APPROACH
CSG views every assignment and project as a way to build long-lasting, meaningful working relationships with our clients. We always seek to excel in maintaining a clear line of communication with every client, stakeholder, agency, decisionmaker and project team members to ensure assignments and projects are achieving and exceeding expectations. We work with positive attitudes, focused on teamwork and have a shared determination in exhibiting professionalism in everything we do. Our mission is to consistently meet or exceed our client’s expectations in a responsible and efficient manner.

At CSG, we act as project managers in most of our efforts, but we are first and foremost planners. Our goal is to always perform as a “partner planner” for our clients, providing additional support and services to existing agency staff members. CSG’s project managers bring decades of project management experience, implementing best practices, while delivering work products on time and within budget while.

We believe that a comprehensive approach to project management includes attention to land planning, economic feasibility, urban design, and the environment. Our project management philosophy is built upon the anticipation of, and preparation for, all issues that may arise throughout the project process. By constantly considering and developing the appropriate process and plan to address political, environmental, social, and design challenges/opportunities, we can better serve the City while delivering the highest quality product. Our management team of senior professionals will work in close partnership with City staff to ensure continuous coordination of our proposed services. They will assist the City in determining planning and environmental review requirements with support from additional CSG planners and technical staff that allow our team to provide a wide range of services in a cost-effective manner.

PLANNING
CSG's approach to current and long-range planning is to “dig in” and become familiar with the City’s General Plan, Zoning Code, ongoing projects, and development trends so that we may best assist the City. Our approach includes:
 Analyzing a project’s compliance with the City’s plans, policies and regulations. Our staff is familiar with
conducting plan checks and design review; evaluating
Tentative Maps, development permits, conditional use
permits, and other permits; and conducting General Plan and zoning amendments;
 Reviewing and processing both ministerial and discretionary applications;  Researching, compiling and analyzing social, economic, environmental and associated data;  Preparing the necessary long-range planning documents and amendments;  Meeting with developers, their consultants and other project proponents, such as property owners and other interested groups, for any project. We recognize that these are important groups and individuals to any project; and
City of Santa Ana—On-Call Planning Services
In-House Planning Staffing Services for the City of San Carlos 6

8.j
June 10, 2024

Packet Pg. 82

In-House Planning Staffing Services for the City of San Carlos 7  Providing public counter services, including but not limited to, answering general questions and processing Zoning Clearances, Accessory Dwelling Unit Zone Clearances, Temporary Use Permits, Home Occupation Permits, and/or Short-Term Rentals permits.

Members of our staff are currently actively working in a variety of methods both hybrid and in agency offices, holding regular office hours, and answering public inquiries by email, mail, or telephone, whichever schedule the client wishes. Our staff are available to attend community meetings and present at public hearings; prepare staff reports, resolutions, ordinances; and prepare oral and/or electronic presentations.

CSG staff also has knowledge and experience in providing affordable housing support, preparing and administering grants, preparing parking studies, performing fiscal and economic analyses, as well as providing Geographic Information System (GIS) assistance.

CURRENT AND ADVANCE D PLANNING
At CSG we believe that changing environmental conditions, increased need for housing, diminishing raw land supply, complex mobility issues, urban infill opportunities, and affordability are all becoming pivotal factors driving projects and the future of development. Our team is capable of fusing thoughtful creativity with function, practicality with aesthetics, and connecting places with people. Our staff have the expertise to work on various current and advanced planning projects.

Current Planning
CSG’s Planning team provides contract staff support, entitlement services and project management for a variety of types of projects. We excel at interfacing with public agencies and elected officials, tackling a wide range of current planning issues, and serving as case planners, applicant liaisons, or even assisting the public at the counter. Our staff planners perform daily planning activities, such as (but not limited to): zoning review and compliance, project entitlement services, Subdivision Map Act compliance, site plan review and design review, plan check, construction inspection services based on approved plans and conditions of approval, and other services as needed. Our planning staff also serve as an extension of city or City staff in a number of jurisdictions, preparing staff reports, ordinances, resolutions, and making presentations to Design Review Boards, Planning Commissions, City Councils or Boards of Supervisors.

Advance d Planning
CSG’s planners are well versed in the creation and management of long-range policy documents, and assist communities with visioning, goal setting and implementation, as well as project coordination for applicants and their consultant teams. Our team has prepared General Plans, Specific Plans as well as Community and Area Plans, Design Guidelines, Zoning Code updates, and Economic Development Plans.

ENVIRONMENTAL PLANNING SERVICES
CSG has the environmental staff resources to manage and prepare clear, concise, and legally defensible environmental documents under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) for projects of all types, including development, infrastructure improvements, ecological enhancements, and policy adoption documents, such as General Plans and Specific Plans. CSG will serve as an extension of City staff to ensure that the entire environmental review process is conducted in a comprehensive manner. CSG will consider recent legislation, court decisions pertaining to CEQA and NEPA and agency requirements.

Our objective is to provide premium services to our clients, along with highly accurate technical documentation and impact determinations. Our approach entails an efficient process to ensure that studies are comprehensive, objective, technically accurate, and complete, while maintaining a focus on the schedule established for the review. Our

8.j
June 10, 2024

Packet Pg. 83

In-House Planning Staffing Services for the City of San Carlos 8 approach includes consistent and regular interaction and communications between staff, our team and other interested/responsible governmental agencies and parties, as appropriate, allowing for frequent exchange of information without loss of time or resources.

Our range of types of CEQA studies includes Categorical Exemptions, Initial Studies, Negative Declarations, Mitigated Negative Declarations, Project/Program/Focused/Supplemental/Subsequent and Addendum Environmental Impact reports (EIR’s), consistency checklists, as well as mitigation monitoring programs. We can assist the City with recommendations and scoping for the appropriate CEQA and NEPA documentation and, should an EIR be the determined clearance, CSG can lead the preparation of response to comments and any required findings of facts/statement of overriding considerations. We are also ready to assist the City with project stakeholder coordination, filing of public notices, participation in public hearings and complete project management services throughout the environmental review process.

Approach to Environmental Planning
CSG planners are environmental stewards for our natural and built environments. CSG’s approach to any environmental documentation (whether for CEQA or NEPA) is to understand and analyze each project based on the environmental issues that are pertinent to a project. CSG’s approach to environmental documentation emphasizes technically solid, impartial analysis, and active management to keep projects on schedule and within budget. We pride ourselves on our ability to turn products around quickly and effectively without sacrificing quality and accuracy.

CSG recognizes that future City projects, depending on their type, size and issues of concern, may require several different types of CEQA and NEPA processes. For NEPA, the evaluation and associated environmental assessment will be prepared in accordance with the format and content specified by the NEPA lead agency. For CEQA, the work program will be initiated following the completion and confirmation of the Project Description. As directed by the City, CSG can then proceed with the preparation of an Initial Study pursuant to Appendix G of the CEQA Guidelines.

The Initial Study will provide a screening and threshold review for each topical area in order to confirm and proceed with the appropriate CEQA clearance review.

Additionally, and more specifically, we embrace the following steps in the review process:
 Establish a communications protocol and technical leads, including subconsultants and other key team members to ensure project critical information is efficiently and accurately conveyed across the team.  Ensure roles/responsibilities are clear for efficient management of assignments and quality control of services and deliverables.
 Utilize experienced staff with extensive relevant experience who will do the job right the first time.  Agree on initial project schedule and budget and a protocol for updating status on both during all project phases.  Determine key project description details with the City early to facilitate accurate and consistent reviews and analysis.  Verify that the technical approach/scope of services, as conveyed in the proposal, meet City expectations following completion of the Project Description.
 Collaborate up front with the City on standard templates for project deliverables, including peer review technical memoranda and CEQA document components.

8.j
June 10, 2024

Packet Pg. 84

SUPPORTIVE INFORMATION /REFERENCES

TEAM AND ORGANIZATIONAL STRUCTURE
CSG’s business model is to serve as an extension of municipal staff — working solely for public agencies and not for private developers. Our team members excel at customer service and maintain CSG’s high standards of integrity, responsiveness, and work qual ity. We do this seamlessly, minimizing disruption to the City’s existing workflows and processes.

The majority of the 350+ individuals within our firm have provided public agency services throughout their entire careers. Our talented personnel, having held positions within communities facing similar development concerns as the City of San Carlos, bring a wealth of ideas, experience, and solutions. Depending upon the needs of our clients, we can serve in either a project-specific or on-call staff augmentation capacity.

Our well-rounded planning staff have the qualifications to assist with the tasks that the City of San Carlos is requesting including the following:

1. Assist the development review process for current planning and advanced planning’s long range planning initiatives.

2. Assist with housing and economic development projects, including key development.

3. Assist with environmental review.

4. Staff various committees.

5. Advise on strategic initiatives.

6. Assist with periodic municipal code and zoning amendments.

7. Perform training, oversight, and other duties.

8. Staff and support other City department(s), as needed.

CSG proposes the following staff and organizational structure for this contract. We take pride in providing team members who have a variety of project experience, who are motivated to excel in the Planning field, and who have technical and customer service skills that are crucial to on-the-job success. CSG’s Vice President of Planning Services, Ethan Edwards, AICP, will serve as contract manager and QA/QC for the City. Mr. Edwards will be supported by Lorraine Weiss, Principal Planner, Farhad Mortazavi, Principal Planner, Lisa Newman, Senior Planner, Matthew Weintraub, Senior Planner, Emma Goldsmith, Assistant Planner, Glenn Lajoie, AICP, Director of Environmental Services, Gina Paolini, Senior Planner, and Kelli Allen, Associate Environmental Planner. Ms. Weiss will manage the workflow associated with assigned planning projects and Mr. Lajoie will manage the environmental work.

Resumes for our proposed team members are provided in Appendix A.

In-House Planning Staffing Services for the City of San Carlos 9

8.j
June 10, 2024

Packet Pg. 85

In-House Planning Staffing Services for the City of San Carlos 10

CONTRACT MANAGER

ENVIRONMENTAL STAFF
Glenn Lajoie, AICP
Director of Environmental Services
Gina Paolini
Senior Planner
Kelli Allen
Associate Environmental Planner
Ethan Edwards, AICP
Vice President, Planning Services

PLANNING STAFF
Lorraine Weiss
Principal Planner
Farhad Mortazavi
Principal Planner
Lisa Newman
Senior Planner
Matthew Weintraub
Senior Planner
Claire Smith
Assistant Planner
Emma Goldsmith
Assistant Planner

8.j
June 10, 2024

Packet Pg. 86

CLIENT REFERENCES
Our track record of success with our clients is outstanding, and we encourage you to contact our references. The following is a partial list of references for which CSG has provided planning and environmental services.

City of Jackson
Yvonne Kimball
City Manager
33 Broadway
Jackson, California 95642
209.223.1646
[email protected]
On-Call Planning Services
2022-Ongoing
City of Pinole
Andrew Murray
City Manager
2131 Pear Street
Pinole, California 94564
510.724.9837
[email protected]
Staff Augmentation Services as Interim Community
Development Director
2021
City of Plymouth
Margaret Roberts
City Manager
9426 Main Street
Plymouth, California 95660
209.245.6941, ext. 257
[email protected]
Planning and Environmental Services
2023-Ongoing
Town of Colma
Daniel Barros
City Manager
1198 El Camino Real
Colma, California 94404
650.997.8318
[email protected]
On-Call Planning, Environmental, and Sustainability
Program Management Services
2014-Ongoing
County of Calaveras
Gabriel Elliott
Director of Planning
891 Mountain Ranch Road
San Andreas, California 95249
209.754.6394
[email protected]
On-Call Services
2022-Ongoing
Town of Corte Madera
Adam Wolff
City Manager/Director Planning and Building
240 Tamal Vista Blvd., Suite 110
Corte Madera, California 94925
415.927.5050
[email protected]
Planning Services
2022-Ongoing
City of Thousand Oaks
Scott Kolwitz
Interim Planning Manager
2100 Thousand Oaks Boulevard
Thousand Oaks, California 91362
805.449.2319
[email protected]
Environmental Impact Report (EIR)
2022-2023
City of Mill Valley
Patrick Kelly
Planning and Building Director
26 Corte Madera Avenue
Mill Valley, California 94941
415.388.4039
[email protected]
On-Call Planning Services
2022-Ongoing
In-House Planning Staffing Services for the City of San Carlos 11

8.j
June 10, 2024

Packet Pg. 87

FEE

HOURLY RATE SCHEDULE
CSG’s fee schedule for Planning personnel is provided in the table below.

PERSONNEL / ROLE HOURLY RATE
Publications Specialist $130
GIS Technician $105
GIS Analyst $140
Planning Technician $140
Assistant Planner $155
Associate Planner $170
Construction Inspector $165
Senior Planner $185
Principal Planner $200
Planning Manager $210
Planning Director $225
Assistant Environmental Planner $160
Associate Environmental Planner $175
Senior Environmental Planner $190
Environmental Director $225
Sustainability Programs Analyst $160
Sustainability Programs Manager $210
Principal-in-Charge $255
Note: All hourly rates include overhead costs including, but not limited to, salaries, benefits, Workers Compensation Insurance, travel and office expenses. Overtime work will be billed at 1.5x the hourly rates indicated in the table above. On July 1 of each yea r following the contract start year, CSG will initiate a rate increase based on change in CPI for the applicable region. CSG will deliver an invoice every month for services rendered during the prior month.

In-House Planning Staffing Services for the City of San Carlos 12

8.j
June 10, 2024

Packet Pg. 88

APPENDIX A
Resumes

8.j
June 10, 2024

Packet Pg. 89

1 Ethan Edwards, AICP

VICE PRESIDENT OF PLANNING SERVICES
Mr. Edwards serves as the Vice President of Planning Services for CSG Consultants. T o this role, he brings expertise in current and advanced planning, design review, coastal development review and CEOA, project and planning staff management, and professional practice building- from over 24 years of increasingly complex land use planning and management experience in Orange and Los Angeles Counties, northern California, and the State of Oregon. Prior to joining CSG, Mr. Edwards served as a planner for several public and private sector organizations and has served in various management roles including Community Development Director, Planning Manager and Principal Planner.

CSG Relevant Experience
Acting Community Development Director/Planning Manager I City of Carson, California. Mr. Edwards served as the Acting Planning Manager and Community Development Director for the City of Carson where his duties included oversight of the Planning Department (including CSG staff), project management, scheduling, budgeting, agenda review and participation in public hearings. He also managed the City's on-call environmental and design consultants and provided direction on the comprehensive General Plan Update.

Principal Planner I City of El Segundo, California. As a contract Principal Planner, Mr. Edwards manages complex discre�onary and administra�ve permits including Development Agreement nego�a�on, environmental impact report management; prepares agendas, reviews and prepares reports; conducts presenta�ons to elected oﬃcials, commissions, and ci�zen groups.

Relevant Previous Experience
Planner I City of Hun�ngton Beach, California. While working with the City of Hun�ngton Beach, Mr. Edwards managed discre�onary and administra�ve permits; mentored staﬀ; prepared agendas, reviewed and prepared reports, and interpreted zoning regula�ons as the Zoning Administrator Liaison; oversaw environmental consultants; and provided City management solu�ons for permit processing streamlining and customer service strategies.

Planning Manager I Baysinger Partners Architecture, Portland, Oregon. Mr. Edwards' du�es as Planning Manager included: supervising the planning and en�tlement division; managing staﬀ priori�es and department budget; preparing and processing applica�ons for public and private development projects; providing consultant coordina�on and project management; and professional prac�ce building.

Planner I City of Beaverton, Oregon. Mr. Edwards provided project management for current planning projects; assisted in design review code revisions; gave presenta�ons to elected oﬃcials, commissions, and ci�zen groups; and served as the City staﬀ liaison for an inter-jurisdic�onal commuter rail project and commitee.

Associate Planner I City of Santa Monica, California. Mr. Edwards gave presenta�ons to zoning administrator, planning commission, and architectural review board and prepared reports for a variety of en�tlement projects while working for the City of Santa Monica.

Education
Bachelor of Science, Urban and
Regional Planning
California State Polytechnic
University
Pomona, California
Professional Aﬃliations
American Planning Association
(APA)
 Orange County Chapter
 Los Angeles Chapter
 Northern Chapter
 Central Chapter
American Institute of Certiﬁed
Planners (AICP)
International City/County
Management Association
Association of Environmental
Professionals (AEP)

8.j
June 10, 2024

Packet Pg. 90

1 Lorraine Weiss

PRINCIPAL PLANNER
Lorraine Weiss serves as a Principal Planner for CSG Consultants and provides planning assistance to our public agency clients using her knowledge of land use entitlements, development processes, CEQA, public engagement, and policy analysis for municipalities.

Ms. Weiss is a land use planner with over 30 years of experience, has well- developed communication, organizational, and project management skills, an
d is passionate about contributing to creating a sense of place through community input and quality design.

Relevant Experience
Consulting Principal Planner l Town of Colma, California. Ms. Weiss serves as Principal Planner for the Town of Colma where she manages staff, was project manager for discretionary permit cases, legislative amendments and long range planning efforts including the Accessory Dwelling Unit Ordinance and Zoning Code Update. Ms. Weiss conducts project review, completeness reviews, prepares staff reports and notices, presents to elected officials, commissions, stakeholders and coordinates with applicants and their teams as part of these efforts.

Consulting Principal Planner l City of Mill Valley, California. Ms. Weiss serves as Principal Planner for the City of Mill Valley where she manages a variety of development applications, reviews and processes entitlements for planning projects. Ms. Weiss services also include the preparation of staff reports with findings and conditions of approval and presentations to the Zoning Administrator, Planning Commission and City Council.

Consulting Principal Planner | San Francisco Bay Area, California. Ms. Weiss provided project management services for a variety of development and redevelopment projects (residential, multi-family residential, commercial office and retail, mixed-use, industrial, educational, and institutional) for local jurisdictions in the San Francisco Bay Area. She w
as also responsible for entitlement processing, project management of entire project life cycles, management and preparation of environmental documents in accordance with CEQA, as well as a variety of municipal code amendments. She also:
 Conducted site analyses, design reviews, environmental reviews, regulatory reviews and analyses, and prepared recommendations on complex land use development projects, adhering to fiscal and timeline constraints.  Performed ordinance and resolution preparation for a variety of zoning text modifications and special projects.

Ms. Weiss has provided planning consulting services to various Bay Area jurisdictions including Town of Belvedere, Town of Corte Madera, City of Daly City, City of Larkspur, City of Menlo Park, Town of Moraga, City of Mountain View, Cit
y of Palo Alto, City of Redwood City, Town of San Anselmo, City of San Mateo, City of San Rafael, City of Sausalito, and City of Walnut Creek.

Education
UC Extension, Landscape
Architecture courses
CEQA Update and Land Use Law
Courses
Bachelor of Science, Urban and
Regional Planning
California Polytechnic University,
Pomona
Pomona, California
Certifications
Certificate in Urban Design
San Francisco Center for
Architecture and Urban Studies
Professional Affiliations
American Planning Association
(APA)
Association of Environmental
Professionals (AEP)

8.j
June 10, 2024

Packet Pg. 91

1 Glenn Lajoie, AICP

PRINCIPAL, DIRECTOR OF ENVIRONMENTAL PLANNING
Mr . Lajoie has over 35 years of experience in the practice of CEQA/NEPA environmental review and Community Planning for clients and agencies throughout California. He has spent the last year and a half serving CSG Consultants, Inc. His range of environmental review studies has included policy, land development and infrastructure projects. Along with an extensive background in CEQA/NEPA, his practices have also encompassed policy planning programs, such as General Plans, Specific Plans, neighborhood studies and due diligence analysis. Mr. Lajoie’s skill set includes project and budget management, quality assurance, meeting facilitation, agency staff service assistance, and third party/peer review verification of analysis and findings. His primary objective as a professional planner has always focused on assuring integrity, quality and legal defensibility of analysis and processes, culminating in win-win solutions for clients and communities.

Mr. Lajoie has an extensive background with local and regional agencies throughout California. The geographic context is wide ranging including: resort and destination projects in the Town of Mammoth Lakes; numerous infrastructure and water availability/desalination project reviews in the Community of Cambria; city center and neighborhood revitalization opportunities in Lancaster: over two million square feet of expansion for the Raytheon Corporate facility in El Segundo; Long Point (Terranea Resort) in Rancho Palos Verdes; downtown high rise and mixed-use proposals in Long Beach; The 2035 General Plan Update for Buena Park; buildout of the Cypress Business Park Master Plan in Cypress; campus modernization and enhancement projects at the University of California, Riverside and the master plan for beautification and growth at the Hotel Del Coronado.

Relevant Project Experience
Hyundai Motor America – North American Corporate Campus Project EIR | City of Fountain Valley, California – As Project Director, responsible for project management and QA/QC for the preparation of the EIR. The project involved removal of Hyundai’s existing headquarters in Fountain Valley and replacement with an expanded corporate campus. Primary project components included an office building, a technical services building, a five-level parking structure, and surface parking. The proposed project included a total of 469,700 square feet of a combined office and technical service area and 2,000 parking spaces (1,574 within the parking structure and 426 surface spaces). Key issues addressed within the EIR included aesthetics/light and glare, air quality, geology and soils, GHG, noise, and traffic. The analysis considered potential construction-related and operational impacts to existing single-family residential receptors located adjacent to the project site. (2012) Brookhurst Street/Adams Avenue Intersection Improvements Project EIR | City of Huntington Beach, California – As Project Manager, responsible for project management and preparation of the EIR. The project proposed improvements along Brookhurst Street, approximately 1,000 feet north of Adams Avenue, and 800 feet south of Adams Avenue, and along Adams Avenue, approximately 1,300 feet west of Brookhurst Street and 1,200 feet east of Brookhurst Street. Approximately 31,230 square feet of right-of-way from the adjoining parcels would be acquired.

The project was part of a multi-jurisdictional approach to alleviating traffic congestion along arterials in Huntington Beach, Fountain Valley, and Costa Mesa. Key issues included hazards and hazardous materials, noise, and greenhouse gas emissions. (2017)
Education
Master’s Degree in Public Policy and
Administration
California State University
Long Beach, California
Bachelor of Arts, Geography/
Urban Studies
California State University
Long Beach, California
Professional Affiliations
American Planning Association (APA)
Association of Environmental
Professionals (AEP)

8.j
June 10, 2024

Packet Pg. 92

1 Farhad Mortazavi

PRINCIPAL PLANNER
Mr. Mortazavi provides principal planner services on behalf of CSG Consultants. Through his over 25 years of experience, he has developed exper�se in urban and regional planning, governmental aﬀairs and associated communica�ons, and departmental management in planning, building, and code enforcement. He has held posi�ons including Development Services Director with the City of Shasta Lake, Community Development Director for the City of Millbrae, and has served as a contract CSG Planning Manager for mul�ple jurisdic�ons.

CSG Relevant Experience
City Planner | Town of Colma, California. As a contract city planner, Mr.

Mortazavi manages current planning daily opera�on, including supervision of the Town’s assistant and associate planner, coordina�ng with stakeholders and other departments, managing major planning permit applica�ons, preparing planning reports for city council considera�on, presen�ng to city council, monitoring Daly City/South San Francisco/San Mateo County projects.

For advance planning, Mr. Mortazavi’s work has included: processing and adop�on of Colma’s General Plan (GP) Update and its associated Environmental Impact Report, adop�on of Housing Element Update, Town’s ﬁrst Bike and Pedestrian Master Plan, preparing/processing Economic Development Plan, managed Zoning Code Update for compa�bility with General Plan land uses, assis�ng implementa�on of Colma’s 2040 General Plan vision, processing/par�cipa�ng in development of: Serramonte Master Plan, El Camino Real Master Plan, Regional Housing Needs Alloca�on, Countywide Stormwater program, Reimagine SamTrans, and Climate Ac�on Plan.

City Planner | City of Jackson, California. As a contract city planner, Mr. Mortazavi managed current planning daily opera�ons, including: processing all planning permit applica�ons, interac�ng with all City divisions for project processes and implementa�on of codes, supervision of the contract assistant and senior planners, coordina�ng with stakeholders , interac�ng with City Atorney’s oﬃce and the City Manager for legal clearance and opera�onal details, preparing planning reports for considera�on by Design Review Commitee, Planning Commission, and City Council, and monitoring Amador County and other adjacent municipali�es for regional projects.

For advance planning, Mr. Mortazavi’s work included assis�ng with consultant’s work on City’s Housing Element Update and reviewing and assis�ng the process of City’s General Plan Update.

Project Manager | City of Hayward, California. Mr. Mortazavi managed State Density Bonus law integra�on into City’s Zoning Ordinance by processing and presenta�ons to both planning commission and City Council members.

Interim Community Development Director | City of Pinole, California. As the interim director, Mr. Mortazavi oversaw the daily opera�on of Planning, Building and Code Enforcement Departments, assisted in the selec�on of Economic Development Plan’s consul�ng group, oversaw the en�tlement process and permi�ng of a 174-unit transit-oriented s
enior housing project, assisted in the process and selec�on of Housing Element Update’s consul�ng team, and par�cipated in Planning Commission and City Council mee�ngs.

Education
Masters, Urban Planning
San Jose State University
San Jose, California
Bachelor of Science, Urban and
Regional Planning
Cal Poly Pomona
Pomona, California
Professional Aﬃliations
American Planning Association (APA)

8.j
June 10, 2024

Packet Pg. 93

1 Gina Paolini

SENIOR PLANNER
Ms. Paolini brings more than 30 years of planning experience to CSG, including expertise in CEQA review, current planning, permit center procedures and code enforcement. She also possesses a comprehensive knowledge of General Planning Law, The Subdivision Map Act, and other state and federal laws related to planning (SB330 and SB35). Ms. Paolini has spent 23 years alone managing public sector planning agencies.

Relevant Experience
Principal Planner | City of Morgan Hill, California. Ms. Paolini served as the Principal Planner for the City of Morgan Hill for a nine-year period. In this role, she was responsible for providing technical reviews of all staff reports and public hearing notices, while managing the publication of the Planning Commission agenda. Ms. Paolini also managed, coached and mentored planning and support staff, in addition to collaborating with clerical staff to update procedures manuals. Notable programs/projects she was directly involved with during her time with the City include:
 Principal-in-Charge of the City’s Growth Control Program, known as the “Residential Development Control System.”  Principal-in-Charge of the development of the Objective Design Standards, as well as SB 330 and SB 35 residential development processes
 Coordinated review of NEPA compliance and HUD funding documentation for 100% Affordable Housing developments.

Management Specialist | County of Monterey, California. As Management Specialist for the Code Enforcement Division, Ms. Paolini assisted the Chief Building Official with administrative oversight of staff—including planning, organizing, scheduling, assigning and managing the work of technical and support personnel. She was also responsible for analyzing and recommending improvements for the Code Enforcement Hearing Officer program, including new policies and procedures to facilitate success. Additional duties included providing land use expertise to Code Enforcement staff and acting as a liaison for the Planning Department to help clear cases.

Senior Planner/Principal Planner | County of El Dorado, California. For a 12-year period, Ms. Paolini served as Senior Planner/Principal Planner for El Dorado County, managing the Planning Division for Development Services. In this role, she supervised staff planners and consultants in a variety of planning functions, including current planning, permit compliance, and permit center operations. Ms. Paolini also worked directly with the Deputy Director and fiscal unit to review monthly invoices, in addition to working with clerical staff to update Development Services applications.

Senior Planner | City of Scotts Valley, California. For more than four years, Ms. Paolini served as Senior Planner for the City of Scotts Valley, supervising planners in a variety of planning functions. These included, but were not limited to current planning, permit compliance, permit counter and grant administration. She was responsible for interviewing, hiring, training and evaluating new planning staff—while also overseeing the work of existing planning staff assigned to work for the City.

Additionally, Ms. Paolini prepared annual State of the City reports and worked with the Director to prepare yearly budgets.

Education
Bachelor of Science
City and Regional Planning
California State Polytechnic
University
San Luis Obispo, California
Professional Affiliations
Ongoing Training Through UC
Extensions and San Francisco
Bay Area Planning and Urban
Research Association (SPUR)
Annual CEQA and Land Use
Updates and Housing Law
Updates

8.j
June 10, 2024

Packet Pg. 94

1 Lisa Newman

SENIOR PLANNER
Ms. Newman has provided a comprehensive range of city and environmental planning services in the San Francisco Bay Area for more than 30 years. She has served as both public agency staff and as the Principal/Owner of Newman Planning Associates (NPA). Ms. Newman is adept at building and managing teams of professionals, advisory groups and non-profit Board members to achieve strategic goals.

Relevant Experience
Senior Planner | City of Mill Valley, California. As Senior Planner for more than eight years (2014-2022), Ms. Newman managed a wide range of current planning discretionary applications, while providing City oversight and response to major development projects in the region. In this role, she orchestrated weekly Departmental Review Team meetings to coordinate project reviews and resolve process issues. Notable contributions include developing and managing the first Short-term Rental Registration Program in Marin County and managing a Historic Preservation Program that included preparing a Historic Context Statement and Historic Resource Inventory. Additionally, Ms. Newman was the responsible planner for significant development projects that include:
 Mill Valley Lumber Yard Redevelopment: Managed multiple applications for historic preservation, renovation and conversion of the Mill Valley Lumber Yard from manufacturing use to mixed commercial/live-work use through a highly controversial, yet successful planning process.
 550 Miller Avenue Mixed Use Development: Managed redevelopment of older one house/commercial space into a 7-unit residential project that included commercial space, shared parking, and 2 BMR units.  Bayside Park Pier Reconstruction: Managed a team of consultants to prepare NEPA compliance environmental documents and multi-jurisdictional permitting to reconstruct a storm-damaged public pier.

Principal/Owner | Newman Planning Associates. For more than 25 years (1988-2014), Ms. Newman provided comprehensive current and long-range planning and environmental services to local government agencies, community organizations, and private clients throughout the Bay Area. Representative projects include:

City of San Rafael
 Marin Airporter Transfer Terminal Conditional Use Permit and Design Review.  Focused EIRs on Cultural Resource impacts (San Rafael 815 B Street: 41-unit Residential Mixed-Use Project & San Rafael Carriage Townhouse Development Project).
 Mt. Tamalpais Cemetery Master Plan and Use Permit (managed planning process to redevelop the historic, 53-acre cemetery).
 Wireless Communications Facilities Ordinance (prepared ordinance and mitigated negative declaration for Council adoption).
 Chapel Cove Residential Subdivision (Managed entitlement process for a 15-unit planned residential development project that retained a historic Catholic chapel).

Education
Master of City and Regional
Planning, Emphasis in Land Use
and Environmental Planning
University of California, Berkeley
Bachelor of Science with
Distinction, Land Resource
Planning
Stanford University
Rotary International Fellow,
Scandinavian City Planning |
University of Oslo (Norway)
Professional Affiliations
American Planning Association
(APA)
Association of Environmental
Professionals (AEP)
California Preservation
Foundation

8.j
June 10, 2024

Packet Pg. 95

1 Matthew Weintraub

SENIOR PLANNER/GIS ANALYST
Mr. Weintraub has more than 20 years of experience in a wide range of planning fields, including geographic information systems (GIS), policy analysis and development, environmental review, transportation planning, and historic preservation. He has provided planning services to jurisdictions throughout California including cities and towns, counties, and State agencies. His broad planning experience, background in geography, and GIS expertise make him a versatile team member.

CSG Project Experience
Senior Planner, CSG Consultants, California Mr. Weintraub joined CSG in 2022 as a planner, cartographer, and GIS specialist. He conducted all phases of GIS analysis for the Town of Colma Bicycle and Pedestrian Plan. He defined the project methodology, gathered geospatial data, modeled the traffic behavior, created maps in ArcGIS, and prepared a written analysis.

Mr. Weintraub also prepared the new GIS zoning maps for the Town of Colma, including amendments, corrections, and visual formatting. In addition, he prepared GIS maps, tables, and other graphic exhibits for the City of Thousand Oaks Janss Marketplace Hotel Project EIR and the Electric Vehicle Charging Station Project EIR; the City of Plymouth ARCO Commercial Center and Car Wash Project IS/MND; the City of Gustine Environmental Justice Element and Safety Element; and the Town of Colma El Camino Real Improvement Plan and Serramonte Blvd West Phase I Project. Mr. Weintraub provides staff training in cartography and GIS. He also contributes project management expertise, application review, and environmental analysis to projects located in the cities of Oxnard, Mill Valley, Los Altos Hills, and Colma.

Other Relevant Experience
Planner | Town of Ross, California. Mr. Weintraub served as a Planner for the Town of Ross from 2019 to 2022. He reviewed and processed residential development applications, prepared and presented reports to the design board and town council, comanaged the Housing Element Update, and prepared zoning code updates and public information bulletins. During this time, he also served as Acting Planning Manager for the Town.

Senior Planner | City of Sausalito, California. Mr . Weintraub prepared the updated wireless telecommunications ordinance and processed development applications including capital improvement projects. Additionally, he prepared and presented reports to the planning commission and city council, while staffing the historic resources commission.

Planner III | City of Oakland, California. Mr. Weintraub conducted CEQA reviews and managed the preparation of major environmental documents for the City. During that time, he applied and interpreted historic preservation regulations and guidelines, and he processed the development application for The Key at 12th rehabilitation project.

Planner | City of Palo Alto, California. Mr. Weintraub served as a Planner for the City of Palo Alto for three years. He managed the development of design guidelines for historic neighborhoods, conducted historic preservation reviews, and CEQA environmental reviews for both residential and commercial projects. Mr. Weintraub was also responsible for staffing the historic resources board while managing grant programs and projects.

Education
Master of Arts, Geography
San Francisco State University
San Francisco, California
Bachelor of Arts, Geography
San Francisco State University
San Francisco, California
Certifications
Geographic Information Systems
(GIS), San Francisco State
University
Professional Affiliations
Contra Costa College
Human & Cultural Geography
Adjunct Instructor

8.j
June 10, 2024

Packet Pg. 96

1 Emma Goldsmith

ASSISTANT PLANNER
Ms. Goldsmith is an experienced Planner who is well-versed in preparing regional transportation and housing plans. She excels at synthesizing information from reports, case studies, and local/state/federal laws. Through her experience, Ms. Goldsmith has developed a deep knowledgebase surrounding city planning documents such as general plans and zoning codes—while gaining familiarity with regional planning documents that include Regional Transportation Plans (RTP) and the Regional Housing Needs Allocation (RHNA) process. Additionally, her understanding of state and federal planning laws that include the California Environmental Quality Act (CEQA), SB-743, the National Environmental Policy Act (NEPA) and the Infrastructure Investment and Jobs Act (IIJA) is a tremendous asset to CSG and our clients.

CSG Relevant Experience
Assistant Planner | City of Sonora, California. As an Assistant Planner for CSG Consultants, Ms. Goldsmith has provided planning services for the City of Sonora.

Other Relevant Experience
Associate Planner/Assistant Planner | Stanislaus Council of Governments. Ms. Goldsmith served the Stanislaus Council of Governments in Modesto, CA as both an Assistant Planner (2021-2022) and Associate Planner (2022-2023) prior to joining CSG Consultants. In these roles, she was responsible for monitoring state and federal regula�ons and programs to maintain regional compliance. Addi�onal du�es included:
 Ensuring project grant applica�on consistency in accordance with grant guidelines and local policies and plans  Preparing and submi�ng project ﬁles to state and federal agencies  Providing project management support by leading project management mee�ngs, reviewing consultant deliverables, and conduc�ng in-person data gathering eﬀorts such as site visits and public outreach  Gathering, interpre�ng, and sharing regional data as the liaison between federal, state and local agencies  Preparing and presen�ng monthly reports to seven advisory commitees, while iden�fying recommenda�ons for the Policy Board
 Coordina�ng with the public, community-based organiza�ons, and local agencies to address ques�ons on public planning processes
Research Assistant | UC Davis Ins�tute of Transporta�on Studies. As a Research Assistant for the UC Davis Ins�tute of Transporta�on Studies, Ms. Goldsmith conducted a qualita�ve analysis for a 230-page academic study of seven ci�es in California. Addi�onally, she reviewed more than 50 documents related to local ordinances, policies, programs, and projects for transit-oriented development, transit, and ac�ve transporta�on. Ms. Goldsmith also played an instrumental role in collabora�ng with two student researchers to synthesize the transporta�on and land use policies—with considera�on to regional context and historical development style.

Undergraduate Research Fellow | Na�onal Center for Sustainable Transporta�on. As an Undergraduate Research Fellow for the National Center for Sustainable Transportation in Davis, California, Ms. Goldsmith developed preliminary research finding for a 40-page report on transit-oriented development for the Cities of San Francisco, Oakland and San Jose. She synthesized and communicated the findings to these three central Bay Area cities in a 20-minute presentation.

Education
Bachelor of Science,
Environmental Policy Analysis
and Planning
University of California, Davis
Davis, California

8.j
June 10, 2024

Packet Pg. 97

1 Claire Smith

ASSISTANT PLANNER
Claire serves as an Assistant Planner for CSG Consultants and is currently providing staff support to CSG clients. Ms. Smith provides planning assistance to public agencies using her knowledge of administering municipal codes and her communication skills in providing information to the public and other City departments.

CSG Relevant Experience
CSG Assistant Planner | Town of Colma, California. Ms. Smith provides staff augmentation services to the Town of Colma and functions as an extension of Town staff. Her daily tasks include processing administrative applications, assisting customers with current Planning inquiries, reviewing plans and zoning code regulations, and coordinating with various Town and external departments. In addition to current Planning tasks, Ms. Smith has also assisted the Town in implementing recent Sustainability regulations including SB 1383 and the Town’s Sustainable Foodware Ordinance. Ms. Smith’s efforts on sustainability projects have included implementing recordkeeping and recording systems, community outreach and education, and website content development and design. Most recently, Ms. Smith has been working within a project team to prepare the Town’s most recent Housing Element Update, and has added processing discretionary entitlements to her workload.

CSG Assistant Planner | City of Jackson, California. Ms. Smith supports staff with current Planning tasks including processing administrative applications, assisting customers with current Planning inquiries, and performing plan checks on behalf of planning staff.

Planning Intern | County of San Luis Obispo, California. Ms. Smith assisted the Planning Department in processing discretionary land use permits including Minor, Conditional Use, and Coastal permits. She prepared for pre-application meetings by conducting preliminary resource and zoning surveying using GIS. Her responsibilities also included synthesizing information to prepare staff reports and working alongside the Coastal Teal to review development per the County general plan and land use plan.

Natural Resource Intern | Green Diamond Resource Company. Ms. Smith assisted with research and provided administrative support for real property records, deeds, easements, access permits, land use agreements, and leases.

She collected data and organized written reports and coordinated with contractors to develop solutions to problems and discuss scope of work. She also prepared plot maps and edits road layouts using GIS, aerial photographs, and GPS data and assisted with forest management practices.

Ms. Smith also participated in the 2021 Carbon Reinventory project to update availability of carbon credits.

Student Research Assistant | California State Polytechnic University, San Luis Obispo in collaboration with Cal Fire, California. Ms. Smith collaborated with Cal Fire personnel and Cal Poly students to conduct an assessment of wildfire fuel treatments and greenhouse gasses. She utilized methodology given by Cal Fire coupled with GIS and Forest Vegetation Simulator software to collect and analyze project data.

Education
Bachelor of Science, City and
Regional Planning
California State Polytechnic
University
San Luis Obispo, California

8.j
June 10, 2024

Packet Pg. 98

1 Kelli Allen

ASSOCIATE ENVIRONMENTAL PLANNER
Kelli Allen serves as an Associate Environmental Planner for CSG Consultants and is currently providing staff support to CSG clients. Ms. Allen’s background aligns well with her roles and growth as a contributor to the environmental practice and CEQA compliance study assignments at CSG. Ms. Allen is a recent graduate of UCLA, earning a Bachelor of Arts Degree in Geography, with a focus on Environmental Studies, and in Political Science. Her responsibilities with the project review will include research and background baseline information for various topical areas.

Relevant Project Experience
Janss Marketplace Hotel EIR | City of Thousand Oaks, California. Ms. Allen assisted in the preparation of an environmental impact report to evaluate the potential environmental impacts of the development of a hotel at 225 North Moorpark Road in Thousand Oaks. The proposed project includes demolition of the current two-story retail building, to be replaced by a five- story dual hotel and retail pad, the creation of a map to designate airspace rights, and a zoning change to the footprint of the hotel to increase the building’s height limitation. (2022-2023).

ARCO Commercial Center and Car Wash Project | Plymouth, California. Ms. Allen assisted in the preparation of an initial study/mitigated negative declaration to evaluate the potential environmental impacts of the development of a commercial store, gas station, and car wash at 18725 CA 49 in Plymouth. The proposed project includes development of the currently vegetated site to construct a fuel canopy, car wash, convenience store, and parking lot, a general plan amendment, and a zoning change to accommodate the high-traffic commercial use in the downtown area. (2023) 1890 South Coast Highway IS/MND | Laguna Beach, California. Ms. Allen is assisting in the preparation of an initial study/mitigated negative declaration to evaluate the potential environmental impacts of the development of a mixed- use retail and residential project at 1890 South Coast Highway in Laguna Beach. The proposed project involves the demolition of an existing car wash facility to be replaced by a mixed-use retail and residential complex with a subterranean garage and approximately 5,200 square feet of deck area. (2023-On-going) Safety Element Update | Gustine, California. Ms. Allen is assisting in the preparation of a safety element update for the City of Gustine. The element evaluates the future hazard risks associated with fire, flood, dam inundation, seismic and geologic conditions, cybercrime, outdated emergency services infrastructure and staffing, and climate change in Gustine. (2023) Sewer Line Reconstruction Project IS/MND | Millbrae, California. Ms. Allen is assisting in the preparation of an initial study/mitigated negative declaration to evaluate the potential environmental impacts of the development of upgraded sewer infrastructure in the City of Millbrae. (2023-On-going) M&J Pallet Building IS/MND | San Bernardino, California. Ms. Allen assisted in the preparation of an initial study/mitigated negative declaration to evaluate the potential environmental impacts of the development of a pallet building warehouse the County of San Bernardino. The proposed project involves the demolition of all existing on-site improvements, to be replaced by an approximately 22,267 square foot commercial warehouse and parking and circulation system improvements. (2023)
Education
Bachelor of Arts Degree,
Geography/Environmental Studies and
Political Science with International
Relations Concentration.

University of California
Los Angeles
Minor in Global Studies
University of California
Los Angeles
Wildlands Studies Belize Program
Concentration in Environmental
Conservation
Environmental Wildlands Studies
Environmental Field Survey
Wildlands Environment and Culture
Western Washington University
Professional Affiliations
Association of Environmental
Professionals Member

8.j
June 10, 2024

Packet Pg. 99

Glenn Lajoie, AICP | Director of
Environmental Planning Services
CSG Consultants
3707 W Garden, Suite 100
Garden Grove, California, 92868
Tel: 714.815.8124
Fax: 714.568.1028
Email: [email protected]
Website: www.csgengr.com
Foster City • Orange • Sacramento • Pleasanton • San Jose • Newman • Fresno • Paso Robles

PROJECT CONTACT

8.j
June 10, 2024

Packet Pg. 100

CITY COUNCIL

STAFF REPORT
MEETING DATE: June 10, 2024
ITEM TITLE: Adopt A Resolution Approving the Amended Arroyo Avenue and Chestnut Street Safe Routes to School Improvements C2201 Plans & Specifications; Appropriating $342,000 from the General Capital Fund (“Fund 25”) Unassigned Balance in Fiscal Year 2024-25 for the Project; Awarding the Project; Authorizing the City Manager to Execute an Agreement with FBD Vanguard Construction, Inc. in the Amount of $564,475; and Authorizing the Expenditure of Contingency in the Amount of $112,895.

RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution approving the amended Arroyo Avenue and Chestnut Street Safe Routes to School Improvements C2201 (“Project”) plans and specifications; appropriating $342,000 from the General Capital Fund (“Fund 25”) Unassigned balance in Fiscal Year (FY) 2024-25 for the Project; awarding the Project; authorizing the City Manager to execute an agreement with FBD Vanguard Construction, Inc. in the amount of $564,475; and authorizing the expenditure of contingency in the amount of $112,895.

FISCAL IMPLICATIONS:

An appropriation of $342,000 is needed from the Fund 25 in FY 2024-25 to fully fund the Project.

The City has secured $150,000 from the State of California Department of Transportation’s Priority Legislative Budget Grant which will offset the Project cost. Additionally, it is the intention of the San Carlos School District (“District”) to reimburse the City $20,456.50 for its share of the work, but they are waiting for final School Board approval.

Funding for the Project comes from C2201, which currently has an available budget of $336,194.47 for FY 2023-24. The Project construction cost is $546,475, plus a 20% contingency of $112,895, for a total cost of $677,370.

In addition to the City’s scope to perform pedestrian crossing improvements, the Project includes an alternate bid item of $40,913 to improve portions of District and 1722 Arroyo Avenue properties. Please see the red outlined area in the diagram below. It is the intention of District to reimburse the City $20,456.50, or half of the alternate bid cost, for their share of the improvements.

8.k
June 10, 2024

Packet Pg. 101

Offset
Available Project Budget $336,194.47
Project Cost, including contingency $677,370
Appropriation Needed $342,000 rounded
Priority Legislative Budget Grant $150,000
District Reimbursement $20,456.50
BACKGROUND:

On February 27, 2023, the City Council adopted a Resolution approving the Safe Routes to School (“SRTS”) improvement recommendations. The recommendations show the preferred streets for walking and biking, which help students, parents, and school staff decide the best routes to travel to school.

The improvements at the intersection of Arroyo Avenue and Chestnut Street are identified in the SRTS plan because of their proximity to the Central Middle and Arroyo Elementary Schools. The Project will improve safety and accessibility for community members of all ages and abilities traveling to and from Central Middle School, Arroyo Elementary School, Burton Park, and the San Carlos Youth Center.

The scope of work includes upgrades to existing crosswalks, construction of Americans with Disabilities Act (ADA) compliant curb ramps, installation of rectangular rapid flashing beacon (RRFB) system, striping, pavement markings, signage, replacement of the exposed aggregate concrete sidewalk along Arroyo Avenue, tree removal and replacement, and pavement and valley gutter rehabilitation at the intersection. The design evaluated other locations and found that the most optimal location was in front of Arroyo Upper Elementary School and 1655 Arroyo Avenue

8.k
June 10, 2024

Packet Pg. 102

because this location would minimize parking loss to only three spaces, while maintaining visibility of pedestrians and existing usage.

The area experiences consistent water pooling at the edge of the District and 1722 Arroyo Avenue properties due to the current grades, causing pavement damage. It is not possible to address all the safety and drainage issues in this area without grading and repaving the area within the District and 1722 Arroyo Avenue properties outside of the City right of way. While this area is on private property, the work must be constructed with the City’s Project to ensure proper street slope, drainage, and pavement conformity with Arroyo Avenue.

ANALYSIS:

On April 22, 2024, the City Council adopted a Resolution approving plans and specifications for the Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Project and authorizing a call for bids.

On May 21,2024, staff received three responsive bids as listed below and recommends award to the lowest bidder, FBD Vanguard Construction Inc., in the amount of $564,475.

Engineer’s Estimate $554,600.00
Contractor Total Bid Amount
FBD Vanguard Construction, Inc. $564,475.00
Ray’s Electric $660,179.00
Sposeto Engineering, Inc. $661,636.10
With the City Council’s approval, the Project is anticipated to be constructed during the summer, prior to the start of the 2024-2025 school year. Project closeout is anticipated in fall 2024.

Staff requests that the City Council also make a finding that the improvements on private property are for the benefit of the entire community because they would improve pedestrian safety and ensure proper street drainage. The Council will fund the Project alternate bid shortfall of $20,456.50.

According to CEQA Guidelines Section 15301, this Project is categorically exempt since it consists of a minor alteration of existing public streets and sidewalks, involving negligible or no expansion of existing use.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution approving the amended Arroyo Avenue and Chestnut Street Safe Routes to School Improvements C2201 plans and specifications; appropriating $342,000 from the General Capital Fund (“Fund 25”) Unassigned balance in Fiscal Year 2024-25 for the Project; awarding the Project; authorizing the City Manager to execute an agreement with FBD Vanguard Construction, Inc. in the amount of $564,475; and authorizing the expenditure of contingency in the amount of $112,895; or

2. Do not adopt the Resolution; or

8.k
June 10, 2024

Packet Pg. 103

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. Arroyo Avenue & Chestnut Street SRTS Improvements Project Plans

3. Arroyo Avenue & Chestnut Street SRTS Improvements Project Specifications

8.k
June 10, 2024

Packet Pg. 104

RESOLUTION NO. 2024 – ____

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

APPROVING THE AMENDED ARROYO AVENUE AND CHESTNUT STREET SAFE ROUTES TO SCHOOL IMPROVEMENTS C2201 PLANS AND SPECIFICATIONS; APPROPRIATING $342,000 FROM THE GENERAL CAPITAL FUND (“FUND 25”) UNASSIGNED BALANCE IN FISCAL YEAR 2024-25 FOR THE PROJECT; AWARDING THE PROJECT; AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FBD VANGUARD CONSTRUCTION, INC. IN THE AMOUNT OF $564,475; AND AUTHORIZING THE EXPENDITURE OF CONTINGENCY IN THE AMOUNT OF $112,895.

WHEREAS, on April 22, 2024, the City Council approved the Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Project C2201 (“Project”) and authorized a call for bids; and
WHEREAS, the scope of the Project includes upgrades to existing crosswalks, construction of Americans with Disabilities Act (ADA) compliant curb ramps, installation of a rectangular rapid flashing beacon (RRFB) system, striping, pavement markings, signage, replacement of the exposed aggregate concrete sidewalk along Arroyo Avenue, tree removal and replacement, and pavement and valley gutter rehabilitation at the intersection; and WHEREAS, the cost for the work within the School District’s property totals $20,465.50 and will be reimbursed to the City; and
WHEREAS, the lowest responsive bid was received from FBD Vanguard Construction, Inc. in the amount of $564,475; and
WHEREAS, the total construction cost is $677,370, which includes work within the San Carlos School District and 1722 Arroyo Avenue properties, as well as construction contingency; and WHEREAS, the Project is anticipated to be constructed during the summer 2024 and closed out in fall 2024; and
WHEREAS, the City Council makes a finding that the improvements on private property are for the benefit of the entire community as they would improve pedestrian safety and ensure proper street drainage, and the Council will fund the Project alternate bid shortfall of $20,456.50.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Carlos hereby:
•approves the amended Arroyo Avenue and Chestnut Street Safe Routes to School Improvements C2201 plans and specifications;
•appropriates $342,000 from the General Capital Fund (Fund 25) Unassigned Balance in Fiscal Year 2024-25 for the Project;
•awards the Project; authorizes the City Manager to execute an agreement with FBD Vanguard Construction, Inc. in the amount of $564,475; and •authorizes the expenditure of contingency in the amount of $112,895. * * * * *

8.k
June 10, 2024

Packet Pg. 105

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

8.k
June 10, 2024

Packet Pg. 106

1.ALL MATERIAL AND WORKMANSHIP SHALL FULLY CONFORM WITH THESPECIFICATIONS, STANDARDS, AND ORDINANCES OF THE CITY OF SANCARLOS. STANDARD SPECIFICATIONS AND DETAILS ARE AVAILABLE IN THEOFFICE OF THE CITY ENGINEER.2.THE OFFICE OF PUBLIC WORKS INSPECTION SHALL BE NOTIFIED AT LEAST 72HOURS IN ADVANCE OF ANY WORK.3.IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEEXISTENCE AND LOCATION OF ALL UTILITIES. THE UNDERGROUNDCONTRACTOR SHALL NOTIFY UTILITY COMPANIES AT LEAST 48 HOURS INADVANCE OF CONSTRUCTION TO FIELD LOCATE UTILITIES. CONTACTUNDERGROUND SERVICE ALERT AT 800-227-2600.4.THE CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ANY FIELD CHANGESMADE WITHOUT WRITTEN AUTHORIZATION FROM THE CITY ENGINEER.5.CONTRACTOR SHALL PROVIDE ADEQUATE TRAFFIC CONTROLS & SHALLSUBMIT A TRAFFIC CONTROL PLAN PRIOR TO START ANY ROADWORK.6.ALL EXISTING UTILITIES AND PRIVATE IMPROVEMENTS THAT BECOMEDAMAGED DURING CONSTRUCTION SHALL BE COMPLETELY RESTORED TOTHE SATISFACTION OF THE CITY ENGINEER, AT CONTRACTOR'S SOLEEXPENSE.7.THE CONTRACTOR AGREES THAT, IN ACCORDANCE WITH GENERALLYACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BEREQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITECONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT,INCLUDING SAFETY OF ALL PERSONS AND PROPERTY AND THAT THISREQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT JUSTDURING NORMAL WORKING HOURS.8.EXCAVATIONS SHALL BE ADEQUATELY SHORED, BRACED AND SHEETED SOTHAT THE EARTH WILL NOT SLIDE OR SETTLE AND SO THAT ALL EXISTINGIMPROVEMENTS OF ANY KIND WILL BE FULLY PROTECTED FROM DAMAGE.ANY DAMAGE RESULTING FROM A LACK OF ADEQUATE SHORING, BRACING ORSHEETING, SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR AND SHALLMAKE NECESSARY REPAIRS OR RECONSTRUCTION AT CONTRACTOR OWNEXPENSE.WHERE THE EXCAVATION FOR A CONDUIT TRENCH, AND/ORSTRUCTURE IS FOUR FEET OR MORE IN DEPTH, THE CONTRACTOR SHALLPROVIDE ADEQUATE SHEETING, SHORING AND BRACING OR EQUIVALENTMETHOD, FOR THE PROTECTION OF LIFE, OR LIMB, WHICH SHALL CONFORMTO THE APPLICABLE CONSTRUCTION SAFETY ORDERS OF THE DIVISION OFINDUSTRIAL SAFETY OF THE STATE OF CALIFORNIA. THE CONTRACTOR SHALLALWAYS COMPLY WITH OSHA REQUIREMENTS.9.SHOULD IT APPEAR THAT THE WORK TO BE DONE, OR ANY MATTER RELATIVETHERETO, IS NOT SUFFICIENTLY DETAILED OR EXPLAINED ON THESE PLANS,THE CONTRACTOR SHALL CONTACT THE ENGINEER FOR SUCH FURTHEREXPLANATIONS AS MAY BE NECESSARY.10.EXISTING UTILITIES SHALL BE MAINTAINED IN SERVICE AND IN PLACE BY THECONTRACTOR DURING CONSTRUCTION UNLESS OTHERWISE SHOWN.11.CONTRACTOR SHALL PROTECT ALL MONUMENTS.12.ALL USA MARKINGS TO BE REMOVED AT END OF CONSTRUCTION.

GENERAL NOTES:

CITY OF SAN CARLOSARROYO AVENUE AND CHESTNUT STREETSAFE ROUTES TO SCHOOL IMPROVEMENTS(PROJECT NO. C2201) SHEET INDEX:1C1.1COVER SHEET2C2.1DEMOLITION PLAN3C3.1IMPROVEMENT PLAN4C4.1GRADING PLAN5C4.2GRADING PLAN6C5.1SIGNING & STRIPING PLAN7C6.1CIVIL DETAILS8C6.2CIVIL DETAILS9C7.1CONSTRUCTION BEST MANAGEMENT PRACTICES

SHEET NUMBERDESCRIPTION
LOCATION MAP:NTS
1 C1.1COVER SHEET

ABAGGREGATE BASEACASPHALT CONCRETEACPASBESTOS CEMENT PIPEAT&TAMERICAN TELEPHONE & TELEGRAPHBCBEGIN CURVE, BOTTOM OF CURBBOCBACK OF CURBBWBACK OF WALKC CURVECDFCONTROLLED DENSITY FILLCICAST IRONCLCENTERLINECMPCORRUGATED METAL PIPECOMCOMMUNICATIONCONCCONCRETECYCUBIC YARDDIDRAIN INLETDIFFDIFFERENCE IN ELEVATION BETWEEN NEW & EXDWYDRIVEWAYEELECTRICAL, EASTINGECEND CURVEEPEDGE OF PAVEMENTEWEDGE OF WALKEXEXISTINGFDACFULL DEPTH ASPHALT CONCRETEFHFIRE HYDRANTFLFLOW LINEFOFIBER OPTICSFSFIRE SERVICEFWFACE OF WALKGGASGBGRADE BREAKHDPEHIGH DENSITY POLYETHYLENE PIPEHPHIGH POINTHVHIGH VOLTAGEHYDFIRE HYDRANTINVINVERTIRRIRRIGATIONLLEFT, LINE, LENGTHLFLINEAR FEETLPLOW POINTLTLEFTMHMANHOLEMISCMISCELLANEOUSMONMONUMENT

MWMONITORING WELLNNORTHINGOCON-CENTEROH OVERHEAD UTILITY LINEPBPACIFIC BELLPCCPORTLAND CEMENT CONCRETEPG&EPACIFIC GAS & ELECTRICPLPLASTICPOCPOINT OF CONNECTIONPTPOINTPUE PUBLIC UTILITIES EASEMENTPVCPOLYVINYL CHLORIDERRADIUS, RIGHTRCRELATIVE COMPACTIONRCPREINFORCED CONCRETE PIPEREHABREHABILITATIONRRFB RECTANGULAR RAPID FLASH BEACONRTRIGHTRWRIGHT OF WAYSSOUTHSDSTORM DRAINSDMHSTORM DRAIN MANHOLESDRSTANDARD DIMENSION RATIOSFWSAN FRANCISCO WATERSLSTATION LINE, STREET LIGHTSMSURVEY MARKERSSSANITARY SEWERSSCOSANITARY SEWER CLEANOUTSSMHSANITARY SEWER MANHOLESTASTATIONSTDSTANDARDSWSIDEWALKTCTOP OF CURBTELTELEPHONE, TELECOMTFLTHEORETICAL FLOW LINETTCTHEORETICAL TOP OF CURBTYPTYPICALUTUTILITYVCPVITRIFIED CLAY PIPEW, WTRWATERWMWATER METERWVWATER VALVEWWWELDED WRAP ABBREVIATIONS:

VICINITY MAP:NTS

CITY OFSAN CARLOS

ARROYO AVE &CHESTNUT ST
BID SUBMITTALAPRIL 22, 2024
DWG NO.JOB NO.OF CALIFORNIA BY9SAN CARLOSC2201SAN MATEO COUNTY

ARROYO AVENUE AND CHESTNUT STREET SAFEROUTES TO SCHOOL IMPROVEMENTS

SSSSSSSSSSSSSSSSSSSSSSSSSSSS

SSSSSSSSSSSSSSSSSSSSSSSS
10" VCP
10" VCP
10" VCP
10" VCP
10" VCP
12"
12"
SSSSSSSSSSSSSSSSSSSSSSSSSSSS10" VCP
10" VCP
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
G
G
G
G
G
G
G
G
G
G
G
G
GGGG
G

GGGGGGGGGGGGGGGGGGGGGGGGGGGG
GGG
WWWW

WWWWWWWWWWWW

WWWWWWWWWWWW
W
W
W
W
W
W
W
W
W
W

W WWWWW

WWWWWWWWWWWWWWWWW
W
W
W
6"
6"6"
6"6"6"4"
2"
SSSSSS
2221/2 PL1/2 PL
G

GGGGGGGGGGG

GGGGGGGG
GGGG
R1
R1 R1
R1
R1
R1
R1R1
R1R5 P1
P3
P2
P2
P2
R4
P6P6P5P4
P8
P8
P8
P8
P8
P8R3
P8
P8
P6
P8
P8
P10
P10
P9
P9
P11
P11
P11P11 R1
R2
P9
P7
R6
R2
R2 R2
BEGIN
END
BEGIN
BEGIN
BEGIN
END
END
END
END
BEGIN
END
BEGIN
BEGIN
END
P12
BID SUBMITTALAPRIL 22, 2024
DWG NO.JOB NO.OF CALIFORNIA BY9SAN CARLOSC2201SAN MATEO COUNTY

ARROYO AVENUE AND CHESTNUT STREET SAFEROUTES TO SCHOOL IMPROVEMENTS

REVISIONSBYDATE
CITY OF SAN CARLOSPUBLIC WORKS DEPARTMENT600 ELM STREETSAN CARLOS, CA 94070TEL: (650) 802-4200WWW.CITYOFSANCARLOS.ORG 04-22-2024
925 • 685 • 4569 bellecci.comC2.12 LEGEND:

SAWCUT FROM NEAREST SCORE JOINT & REMOVE CONCRETE, BASE,& SUBSOIL. EXCAVATE AS NECESSARY TO MEET THE GRADESREQUIRED FOR DESIGN SUBGRADE. SEE GRADING PLANS APPROXIMATE RIGHT OF WAYREMOVE EXISTING LANDSCAPE MATERIALS. EXCAVATE AS NECESSARYTO MEET THE GRADES REQUIRED FOR DESIGN SUBGRADESAWCUT & REMOVE AC PAVEMENT (INCLUDING PAVEMENTMARKINGS & STRIPING), BASE, & SUBSOIL (TO INSTALL CONCRETE IMPROVEMENTS). EXCAVATE AS NECESSARY TO MEET THE GRADESREQUIRED FOR DESIGN SUBGRADE. SEE GRADING PLANSREMOVE SEEDED CONCRETE PAVEMENT, BASE, & SUBSOIL (TO INSTALLCONCRETE IMPROVEMENTS). EXCAVATE AS NECESSARY TO MEET THEGRADES REQUIRED FOR DESIGN SUBGRADE2" AC GRIND. SEE GRADES ON DETAIL PLANSGENERAL NOTES:1. EXISTING UTILITY LOCATIONS ARE SHOWN IN THEIR APPROXIMATE LOCATION TO THEBEST OF OUR KNOWLEDGE BASED ON RECORD INFORMATION. CONTRACTOR SHALLCONTACT USA PRIOR TO ANY CONSTRUCTION AND SHALL EXERCISE CAUTIONWHILE EXCAVATING AND PERFORMING CONSTRUCTION IN THE VICINITY OF THEUNDERGROUND LINES. CONTRACTOR SHALL REPLACE AND REPAIR ANY DAMAGE TOTHE EXISTING UTILITY LINES AT THE SOLE EXPENSE OF THE CONTRACTOR.

CHESTNUT STREET

ARROYO AVENUE

DEMOLITION PLAN

BURTON PARK

BAYTREE ROAD
REMOVE 6" TO 12" AC. EXCAVATE AS NECESSARY TO MEET THE GRADESREQUIRED FOR DESIGN SUBGRADE. SEE GRADES ON DETAIL PLANS CONSTRUCTION NOTES:P1SEWER MANHOLE - SEE IMPROVEMENT PLANSPROTECT IN PLACE (PIP) P2WATER VALVE - SEE IMPROVEMENT PLANSP3PIP DIP4PIP FHP5PIP UTILITY POLEP6PIP SIGNP7PIP TREEP8PIP FENCEP9PIP WALL R1REMOVE CURB & GUTTERREMOVE, REPLACE, AND/OR RELOCATE
R2REMOVE CURBR3
P10PIP BRICK COLUMN

WATER METER - SEE IMPROVEMENT PLANS
P11
REMOVE 17" TREER4

CEDAR STREET
REPLACE & RELOCATE SIGNR5
ADD ALTERNATE A -IMPROVEMENTS WITHIN ARROYOSCHOOL & 1722 ARROYO AVENUE

REMOVE BRICK

ARROYO SCHOOL
REMOVE 24" TREE
R6
REMOVE 4" TO 7" AC. EXCAVATE AS NECESSARY TO MEET THE GRADESREQUIRED FOR DESIGN SUBGRADE. SEE GRADES ON DETAIL PLANS PIP BRICK PATHP12
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD
SD

SSSSSSSSSSSSSSSSSSSSSSSSSSSS
SSSSSSSSSSSSSSSSSSSSSSSSSS 10" VCP
10" VCP
10" VCP
10" VCP
10" VCP
12"
12"
SSSSSSSSSSSSSSSSSSSSSSSSSSSS10" VCP
10" VCP
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
G
G
G
G
G
G
G
G
G
G

GGGGGGG

GGGGGGGGGGGGGGGGGGGGGGGGGGGG
GGG
WWWW

WWWWWWWWWWWWW

WWWWWWWWWWWWW
W
W
W
W
W
W
W
W
W
W

W WWWWWWWWWWWWWWWWWWWWW
W
W
W
W
6"
6"6"
6"6"6"4"
2"
SSSSSS
2221/2 PL1/2 PL

GGGGGGGG

GGGGGGGGGGG
G
GGGGG
2 13
14 1
1-PHOTO.SEEDETAIL.
5 BID SUBMITTALAPRIL 22, 2024
DWG NO.JOB NO.OF CALIFORNIA BY9SAN CARLOSC2201SAN MATEO COUNTY

ARROYO AVENUE AND CHESTNUT STREET SAFEROUTES TO SCHOOL IMPROVEMENTS

REVISIONSBYDATE
CITY OF SAN CARLOSPUBLIC WORKS DEPARTMENT600 ELM STREETSAN CARLOS, CA 94070TEL: (650) 802-4200WWW.CITYOFSANCARLOS.ORG 04-22-2024
925 • 685 • 4569 bellecci.comC3.1IMPROVEMENT PLAN3

APPROXIMATE RIGHT OF WAY
LEGEND:CONCRETE IMPROVEMENTS. SEE GRADING PLANS

APPROXIMATE LIMIT OF WORK
INSTALL CONCRETE VALLEY GUTTER. SEE DETAILINSTALL 2" AC INLAY. SEE GRADING PLANSINSTALL LANDSCAPE MATCH ADJACENTLANDSCAPE IN-KIND CONSTRUCTION NOTES:123 LOWER & RESTORE TO GRADE WATER VALVELOWER & RESTORE TO GRADE SEWER MANHOLE (TEMPORARY FALSEBOTTOM TO BE INSTALLED PRIOR TO ANY MANHOLE WORK, &REMOVED AFTER)

CHESTNUT STREET

ARROYO AVENUEBURTON PARK

BAYTREE ROAD

CEDAR STREET
ARROYO SCHOOLADD ALTERNATE A -IMPROVEMENTS WITHIN ARROYOSCHOOL & 1722 ARROYO AVENUE INSTALL 4" TO 7" AC . SEEGRADING PLANS & DETAIL2C6.2 1 - 4" SCHEDULE 40 IRRIGATION CHASE. COORDINATEWITH PROPERTY OWNER TO REPLACE & EXTENDIRRIGATION INSTALL 6" TO 8" AC . SEEGRADING PLANS & DETAIL2C6.2
4LOWER & RESTORE TO GRADE WATER METER
INSTALL CONCRETE WITHBRICK BOARDER. SEE PHOTO
PHOTO CONCRETE WITH BRICK BOARDER1 NO TO SCALE
1-
5PROTECT IN PLACE WATER VALVE

3.06.0 AC 42.20DIFF: -0.12AC 42.17DIFF: -0.10

0.5% MATCH EXAC 43.87AC 43.23DIFF: -0.13

2.0%

1.4%
BW 41.98DIFF: -0.30
BW 42.01DIFF: -0.30

7.4%

1.4%TC 41.91EW 41.91DIFF: -0.28
TC 41.94EW 41.94DIFF: -0.20
TC 41.85FL 41.35DIFF: -0.34LIP 41.48DIFF: -0.35TC 41.88FL 41.38DIFF: -0.36LIP 41.51DIFF: -0.38

0.5%

5.0%

0.5%

1.2% LIP 41.58DIFF: -0.38LIP 41.59DIFF: -0.46LIP 41.90DIFF: -0.51 LIP 42.68DIFF: 0.00 LIP 42.21DIFF: -0.09LIP 41.59DIFF: -0.04
LIP 41.61DIFF: -0.02
LIP 41.63DIFF: -0.16
LIP 41.68DIFF: -0.13
FL 41.45DIFF: -0.36FL 41.46DIFF: -0.38FL 41.77DIFF: -0.34 TC 42.78FL 42.41DIFF: -0.07LIP 41.90DIFF: -0.50
LIP 41.54DIFF: -0.18TC 41.91FL 41.41DIFF: -0.27
MATCH EXTC 43.00FL 42.57

1.5%

1.3%

1.9%

1.3%

1.4%

0.5%

0.5%
FL 42.04DIFF: -0.16TC 41.98FL 41.48DIFF: -0.18
TC 42.05FL 41.55DIFF: -0.18FG 42.05DIFF: -0.18
TC 42.03EW 42.03DIFF: -0.07 FG 42.12DIFF: -0.63
TC 42.70FG 42.20DIFF: -0.85TC 42.72FG 42.22DIFF: -0.83
TC 42.08FL 42.08DIFF: -0.55
TC 42.64FG 42.14DIFF: -0.70
MATCH EXBW 43.14
TC 41.50FL 41.50DIFF: -0.28
TC 42.70FL 42.20DIFF: -0.13
MATCH EXFL 42.22
MATCH EXFL 42.13
MATCH EXFL 42.11
LIP 41.70DIFF: -0.09
AC 41.90DIFF: +0.09
AC 41.88DIFF: +0.03FL 42.14DIFF: -0.34
MATCH EXTC 42.05AC 42.05
TC 42.14FL 41.64DIFF:-0.34
TC 42.40AC 41.90DIFF: -0.24
MATCH EXLIP 43.05

1.7%

1.5%

1.8%

2.7%

2.8%

0.5%

7.4%

2.5%

1.2%

1.0%

0.5% TC 42.81FG 42.81DIFF: -0.14TC 42.63FL 42.13DIFF: -0.55

4.2%

2.0%MATCH EXAC 43.87

1.4%AC 42.73DIFF: -0.15
AC 42.59DIFF: -0.17
MATCH EXGLIP 41.30
LIP 42.62DIFF: -0.02

3.8%

1.4%

0.5%

2.7%AC 43.09DIFF: -0.17

2.9%

8.5%

4.9% MATCH EXAC 43.58

0.5%TC 42.07FL 41.57DIFF: -0.18
TC 42.27LIP 41.77DIFF: -0.18

1.0%

0.5%

1.0%

0.5%

2.0%

0.5%

2.0%

0.5%
TC 42.03FL 41.53DIFF: -0.19

0.5%

7.4%
MATCH EXTC 41.70FL 41.24
BW 42.22DIFF: -0.12
TC 41.82FL 41.32DIFF: -0.12
AC 42.20DIFF: -0.12AC 42.17DIFF: -0.10MATCH EXAC 42.12

1.5%

1.0%

1.5%
FL 42.08

1.0%

1.4%

0.5%

1.0%

8.8%
MATCH EXEW 41.82MATCH EXBW 41.90

0.5%

0.5%BW 42.03DIFF: -0.29

1.4%

2.0%AC 43.09DIFF: -0.17AC 42.73DIFF: -0.15AC 42.27DIFF: -0.23

0.5%

5.0%
AC 42.27DIFF: -0.23

0.5%

1.5%

2.0%
BW 42.27DIFF: -0.18

1.5%
AC 41.88DIFF: +0.06
TC 42.67FL 42.17DIFF: -0.16

1.6%

1.6%
TC 41.96FL 41.46DIFF: -0.24
TC 42.51AC 42.01DIFF: -0.074' TRANSITION FROM6" TC TO MATCHINGAC ELEVATION BID SUBMITTALAPRIL 22, 2024
DWG NO.JOB NO.OF CALIFORNIA BY9SAN CARLOSC2201SAN MATEO COUNTY

ARROYO AVENUE AND CHESTNUT STREET SAFEROUTES TO SCHOOL IMPROVEMENTS

REVISIONSBYDATE
CITY OF SAN CARLOSPUBLIC WORKS DEPARTMENT600 ELM STREETSAN CARLOS, CA 94070TEL: (650) 802-4200WWW.CITYOFSANCARLOS.ORG 04-22-2024
925 • 685 • 4569 bellecci.comC4.1GRADING PLAN4 GENERAL NOTE:1.FOR ALL RAMP IMPROVEMENTS, SEE CALTRANS STD PLANA88A, SEE DETAIL2.FOR CURB & GUTTER, SEE DETAIL3.FOR SIDEWALK, SEE DETAIL4.AC PAVING IMPROVEMENTS - SAWCUT & REMOVE/EXCAVATEEXISTING AC, BASE & SUBGRADE AS NECESSARY TO MEETTHE GRADES REQUIRED FOR DESIGN SUBGRADE.5.FOR AC CONFORM AT CURB RAMPS, SEE DETAIL 3C6.16C6.2MATCHLINE: SEE SHEET C4.2
MATCHLINE: SEE SHEET C4.2
MATCHLINE: SEE SHEET C4.2

ARROYO AVENUE

ARROYO SCHOOL
6C6.23C6.1

0.7%

1.6%

1.4%

1.6%

0.9%

1.6%

1.2%

8.3%

6.0%

1.2%

0.7%

0.5%

2.6%

0.5%

2.0%

4.6%

1.2%

1.7%

3.7%

3.3%

1.4%

6.5%

0.7%

0.5%

0.7%

0.6%

1.4%

1.6%

7.4%
MATCH EXFL 42.81FL 42.65DIFF:-0.18FL 42.21DIFF: -0.18 LIP 42.78DIFF: -0.32 FL 42.36DIFF: +0.05FL 42.24DIFF: -0.28MATCH EXTC 42.53FL 42.15 BW 42.75DIFF: -0.04
TC 42.41FL 42.41DIFF: +0.04
TC 42.38FL 42.38DIFF: +0.04
MATCH EXTC 42.90FL 42.44
MATCH EXTC 42.79FL 42.29
FG 42.67DIFF: -0.07FG 42.70DIFF: -0.09
MATCH EXBW 42.72
MATCH EXFG 42.87MATCH EXBW 42.93
MATCH EXBW 42.65
MATCH EXEW 42.68
MATCH EXBOC 43.40
FG 43.27DIFF: -0.16
TC 43.18FL 42.68DIFF: -0.20
FG 43.20DIFF: -0.09
EW 43.51DIFF: -0.22FG 43.55DIFF: -0.15MATCH EXEW 43.65MATCH EXEW 43.59 TC 43.32FG 43.17DIFF: -0.15

2.6%

3.5%

0.6%

1.0%

1.7%

2.9%
LIP 42.60DIFF: -0.16

7.0%

2.9%

1.3% FL 42.67DIFF: -0.19
MATCH EXEW 43.85
MATCH EXEW 43.80

0.7%
EW 43.24DIFF: -0.24

2.2%

3.3%

2.5%

1.0%

1.3%

0.4%

0.5%EW 43.70DIFF: -0.06

1.6%
AC 42.99DIFF:-0.13
AC 42.75DIFF:-0.05

2.1%

1.0%

1.1%

0.5%
LIP 42.87DIFF: +0.15
LIP 42.85DIFF: +0.15
LIP 42.43DIFF: 0.00LIP 42.47DIFF: 0.00LIP 42.53DIFF: 0.00 LIP 42.67DIFF: 0.00

1.5%

1.0%
LIP 42.39DIFF: 0.00 LIP 42.78DIFF: -0.05
TC 43.25FL 42.75DIFF: -0.01
BW 42.10DIFF: -0.02
TC 42.03EW 42.03DIFF: +0.03
TC 42.00FL 41.50DIFF: -0.19LIP 41.63DIFF: -0.18
BW 42.17DIFF: -0.03
TC 42.10EW 42.10DIFF: +0.02
TC 42.05FL 41.55DIFF: -0.30LIP 41.68DIFF: -0.18

1.4%

0.4%

2.0%

1.3%

1.8%0.6%

7.4%
AC 42.20DIFF: -0.12AC 42.17DIFF: -0.10

4.0%

1.0%

0.5%
MATCH EXFL 41.38
MATCH EXFL 41.66TC 42.10FL 41.60DIFF: -0.11FL 41.46DIFF: -0.02 TC 41.92FL 41.42DIFF: +0.11

1.4%

1.0%

0.8%

0.7%

2.2%
LIP 41.73DIFF: -0.10MATCH EXLIP 41.76LIP 41.56DIFF: +0.14MATCH EXLIP 41.32 MATCH EXLIP 42.96LIP 42.84DIFF: -0.20MATCH EXLIP 42.28LIP 42.31DIFF: -0.28

2.0%MATCH EXAC 43.87

1.4%AC 42.73DIFF: -0.15

3.6%

0.8%
AC 42.84DIFF: +0.07AC 42.91DIFF: +0.04
MATCH EXAC 43.10

1.8%

2.0%

1.9%TC 42.72FL 42.72DIFF: -0.12

1.0%
LIP 42.53DIFF: -0.53

3.9%

0.5%

2.7%

2.8% AC 43.09DIFF: -0.17

3.0%MATCH EXBW 42.38

0.8%MATCH EXEW 42.23
MATCH EXAC 43.22
MATCH EXLIP 42.80±

9.9%AC 43.61DIFF: 0.00MATCH EXAC 41.70

7.0%

2.0%

1.5%AC 42.64DIFF: -0.04

1.0%

1.9%
MATCH EXAC 42.98
MATCH EXAC 42.76

3.4%

3.3%

1.8%

4.1%AC 42.86DIFF:-0.08

2.6%

1.0%

1.8%
LIP 42.53DIFF: -0.21

4.3%

4.3%
MATCH EXEW 43.87

1.5%
LIP 42.40DIFF: -0.50
AC 42.20DIFF: -0.12AC 42.17DIFF: -0.10MATCH EXAC 42.12

1.4%

0.5%AC 42.27DIFF: -0.23

0.5%

0.5%
LIP 42.83DIFF: +0.15
LIP 42.70DIFF: -0.03
MATCH EXBW 41.94MATCH EXEW 41.86

1.7%

1.6%
MATCH EXEW 42.30MATCH EXEW 42.36
MATCH EXFG 42.27MATCH EXFG 42.22

3.6%
BID SUBMITTALAPRIL 22, 2024
DWG NO.JOB NO.OF CALIFORNIA BY9SAN CARLOSC2201SAN MATEO COUNTY

ARROYO AVENUE AND CHESTNUT STREET SAFEROUTES TO SCHOOL IMPROVEMENTS

CHESTNUT STREETARROYO AVENUEBURTON PARK
GENERAL NOTE:1.FOR ALL RAMP IMPROVEMENTS, SEE CALTRANS STD PLANA88A, SEE DETAIL2.FOR CURB & GUTTER, SEE DETAIL3.FOR SIDEWALK, SEE DETAIL4.AC PAVING IMPROVEMENTS - SAWCUT & REMOVE/EXCAVATEEXISTING AC, BASE & SUBGRADE AS NECESSARY TO MEETTHE GRADES REQUIRED FOR DESIGN SUBGRADE.5.FOR AC CONFORM AT CURB RAMPS, SEE DETAIL 3C6.16C6.26C6.23C6.1
20'
5 4
3 5
6 2
2 4 71111
END
BEGIN
END
BEGIN
BEGIN
END
BEGIN
END
BEGIN
END
5 6
6 6
66 108
119
119108
12 TO
FROM
20'
11'11'7' 7'
11'
11'
7'
7'
36' 11
BEGIN
END
13 13
BID SUBMITTALAPRIL 22, 2024
DWG NO.JOB NO.OF CALIFORNIA BY9SAN CARLOSC2201SAN MATEO COUNTY

ARROYO AVENUE AND CHESTNUT STREET SAFEROUTES TO SCHOOL IMPROVEMENTS

APPROXIMATE RIGHT OF WAY
LEGEND:

CONSTRUCTION NOTES:12
45 3
6 DETAIL 22 PER CALTRANS STD PLAN A20A"SHARED ROADWAY BICYCLE MARKING"PER CALTRANS STD PLAN A24CWHITE YIELD LINE PER CALTRANS STANDARD PLANA24E 7 "STOP" MARKING PER CALTRANS STD PLAN A24DYELLOW LADDER CROSSWALK. SEE CALTRANS STD PLANA24FRED CURB WITH "SC PD" STENCILED IN WHITEBLUE HYDRANT MARKER

CHESTNUT STREET

ARROYO AVENUE

BURTON PARK

ARROYO SCHOOL
8INSTALL RRFB ASSEMBLY AND SIGNS PER CALTRANS.SEE DETAIL1C6.1 INSTALL PEDESTRIAN PUSH BUTTON DETAIL B POST PERCALTRANS STD PLAN RSP ES-7A. INSTALL CONDUIT,CONDUCTORS AND CONNECT TO RRFB ASSEMBLY. SEE DETAIL 10" MAX HORIZONTAL CLERANCE BETWEEN FACE OFPUSH BUTTON & EDGE OF LANDING CONTRACTOR TO POTHOLE TO LOCATE EXISTING UTILITIES PRIORTO DETERMINING RRFB POLE FOUNDATION LOCATION1AC6.1 RELOCATE R1-1 SIGN ON NEW POST. SEE DETAIL31C6.2
910
1112INSTALL R1-5 SIGN ON NEW POST. SEE DETAIL31C6.2 13
C6.1CIVIL DETAILS7
CARMANAH SC315CONTROLLER ANDSOLAR PANEL
W11-2 (FRONT ANDBACK) PER CAMUTCDSTD
CARMANAH SC315RRFB LIGHT BAR(FRONT AND BACK)W16-7P (FRONT ANDBACK) PER CAMUTCD STDTYPE 1-B POLE ANDFOUNDATION. SEECALTRANS STD PLANDETAIL ES-7B ONACCESSIBLEPEDESTRIAN SIGNALASSEMBLY (INCLUDESPUSH BUTTONASSEMBLY AND R62E(CA) PEDESTRIANCROSSING PLATE) - SEEPLANS FOR LOCATION TYPICAL SOLAR PANEL ANDPUSH BUTTON INSTALLATION1 NO TO SCALECALTRANS STD PLAN ES-7A1ANO TO SCALE 1B-
BID SUBMITTALAPRIL 22, 2024
DWG NO.JOB NO.OF CALIFORNIA BY9SAN CARLOSC2201SAN MATEO COUNTY

ARROYO AVENUE AND CHESTNUT STREET SAFEROUTES TO SCHOOL IMPROVEMENTS

AC CONFORM (DIMENSIONS TO BEVERIFIED IN FIELD)EX AC

EX AC
FDAC PATCH PAVE(6" MIN DEPTH)

CURB &GUTTER
5% MAX

CURB &GUTTERAC CONFORM (DIMENSIONS TO BEVERIFIED IN FIELD)

MIN GRIND - SEE PLANS

MIN GRIND - SEE PLANS
CASE 1 - CONFORM WHEN IMPROVEMENT IS ABOVE EXISTING

GRIND DEPTH VARIES -SEE PLANS
5% MAX

AC DEPTH VARIES -SEE PLANS
FDAC PATCH PAVE(6" MIN DEPTH)
1'
1'
CASE 2 - CONFORM WHEN IMPROVEMENT IS BELOW EXISTING
COMPACT EX BASE ORSUBGRADE TO 95% RC

EX AC SURFACE
NEW DESIGN GRADE(DEPTH OF CUT VARIES)AC (DEPTH - 6")

REMOVE AC (INCLUDES AB & SUBSOIL AS NECESSARY),DEPTH VARIES (SEE GRADING PLANS & DETAIL PLANS)REMOVE AC (INCLUDES AB & SUBSOIL AS NECESSARY)TO INSTALL AC (SEE GRADING PLANS & DETAIL PLANS) DEPTH VARIES. SEE GRADING PLANS
CASE 1 - WHEN DESIGN GRADE IS BELOW EXISTING

EX AC SURFACE
DEPTH VARIES. SEE GRADING PLANS
COMPACT EX BASE ORSUBGRADE TO 95% RC

NEW DESIGN GRADE(DEPTH OF FILL VARIES)

AC (DEPTH SEE PLANS)
LEGENDCASE 2 - WHEN DESIGN GRADE IS ABOVE EXISTING
C6.2CIVIL DETAILS8
AC CONFORM AT CURB RAMPSSCALE: NTS1BID SUBMITTALAPRIL 22, 2024 DWG NO.JOB NO.OF CALIFORNIA BY9SAN CARLOSC2201SAN MATEO COUNTY

ARROYO AVENUE AND CHESTNUT STREET SAFEROUTES TO SCHOOL IMPROVEMENTS

CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA
Public Works Department
600 Elm Street
San Carlos, CA 94070
Contract Documents
For the

ARROYO AVENUE AND CHESTNUT

STREET SAFE ROUTES TO SCHOOL

IMPROVEMENTS
CITY PROJECT NO: C2201
BID OPENING: Tuesday May 16, 2024 at 10:00 a.m.

BID SET

8.k
June 10, 2024

Packet Pg. 116

8.k
June 10, 2024

Packet Pg. 117

Arroyo Avenue and Chestnut Street Safe Routes to School Improvements

City Project No. C2201

DESIGN CERTIFICATION

The Plans and Technical Specifications contained herein have been prepared by, or under the responsible charge of, the following registered person(s):

Prepared by:


_________________________________________________________ MANNY ABUCAY, P.E., CIVIL ENGINEER Date Bellecci
2290 Diamond Boulevard, Concord, CA 94520
(925) 685-4569

Approved for Construction:

___________________________________________________________ GRACE LE, P.E., CITY ENGINEER Date
Public Works Department
City of San Carlos
600 Elm Street, San Carlos, CA 94070
(650) 802-4201

4/24/2024

8.k
June 10, 2024

Packet Pg. 118

This Page Intentionally Left Blank

8.k
June 10, 2024

Packet Pg. 119

iii

TABLE OF CONTENTS

A. INTRODUCTORY PAGES
Title Page No.

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

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-10
Department of Industrial Relations Registration Requirement P-10 Certifications and Affidavits
Non-Collusion Affidavit P-11
Bidder’s Qualifications P-12
Bidder’s References P-13
Signature Pages P-14
Bidder’s Bond P-16

C. AGREEMENT AND AGREEMENT FORMS

Agreement and Agreement Forms Table of Contents A-1
Agreement for Public Projects 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-17
Certification of Safety Requirements for Contractors and Vendors A-18 Drug-Free Workplace Certification A-19
Escrow Agreement for Security Deposits in Lieu of Retention (Optional) A-20 Guarantee A-22

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

8.k
June 10, 2024

Packet Pg. 120

E. SPECIAL PROVISIONS

Section 1 Description of Work SP-5
Section 2 Location SP-5
Section 3 Qualification of Bidders SP-5
Section 4 Project Information Sign SP-5
Section 5 Portable Changeable Message Sign (PCMS) SP-5 Section 6 Days & Hours of Operation SP-5
Section 7 Control of Work SP-6
Section 8 Sequencing and Order of Work SP-6
Section 9 Staging Area SP-7
Section 10 Furnished Materials SP-7
Section 11 Noise Control SP-7
Section 12 Protection of Trees SP-7
Section 13 Time of Completion and Liquidated Damages SP-7 Section 14 Licenses and Permits SP-8
Section 15 “No Parking Signs” SP-8
Section 16 Safety and Health Regulations SP-8
Section 17 Safety of Persons and Property SP-9
Section 18 Protection of Existing Installations SP-10
Section 19 Contractor’s Plant and Equipment SP-10
Section 20 Water SP-10
Section 21 Power SP-10
Section 22 Dust Control SP-10
Section 23 Cleanup SP-11
Section 24 Construction and Demolition Debris SP-11
Section 25 Clearing and Grubbing SP-11
Section 26 Haul Routes–Holly Street East of El Camino Real Prohibited SP-12 Section 27 Sanitation Facilities SP-12
Section 28 Arrangements for Temporary Construction Facilities SP-12 Section 29 Protection and Restoration of Existing Improvements SP-12 Section 30 Existing Utilities SP-13
Section 31 Utility Coordination SP-14
Section 32 Obstructions SP-14
Section 33 Owner and Contractor Meetings SP-15
Section 34 Notification of Residents and Merchants SP-15 Section 35 Storm Water Pollution Prevention SP-16
Section 36 Traffic Control SP-17
Section 37 Construction Schedule SP-18
Section 38 Street Sweeping SP-18
Section 39 Protection of Public Safety SP-19
Section 40 Daily Work Reports SP-19
Section 41 Submittals SP-19
Section 42 Record Drawings SP-19

F. BID ITEM DESCRIPTIONS

G. TECHNICAL PROVISIONS

Section 011100 Summary of Work TP – 1
Section 013000 Special Project Constraints TP – 6
Section 013100 Coordination TP – 7
Section 013300 Contractor Submittals TP – 10
Section 014516 Quality Control TP – 18
Section 015050 Mobilization TP - 24
Section 015100 Temporary Utilities and Facilities TP – 27 Section 015550 Temporary Traffic Control Systems TP – 29

8.k
June 10, 2024

Packet Pg. 121

v
Section 015600 Protection of Existing Facilities TP – 35 Section 020010 Site Conditions TP – 41
Section 020030 Existing Utilities and Underground Structures TP – 44 Section 021100 Site Preparation TP – 46
Section 024100 Demolition TP – 48
Section 310513 Clearing & Grubbing, Excavation, and Earthwork TP – 55 Section 320120 Asphalt Concrete Grinding TP – 64
Section 321123 Aggregate Base Courses TP – 68
Section 321216 Asphalt Paving and Miscellaneous Paving Items TP – 72 Section 321313 Concrete Improvements TP – 85
Section 321723 Traffic Striping, Pavement Markers, Pavement Markings & Signage TP – 90
Section 332250 Shoring and Trench Safety TP – 100
Section 332315 Excavation and Backfill TP – 104
Section 333600 Grout TP – 114
Section 344133 Pedestrian Warning Lights TP – 120

H. APPENDIX

Appendix A Daily Work Report

8.k
June 10, 2024

Packet Pg. 122

This Page Intentionally Left Blank

8.k
June 10, 2024

Packet Pg. 123

vii

CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

NOTICE INVITING SEALED PROPOSALS

NOTICE IS HEREBY GIVEN that sealed proposals or bids will be for the " Arroyo Avenue and Chestnut Street Safe Routes to School Improvements, City Project No. C2201 ” shall be received at the San Carlos City Clerk’s Office at City Hall – 600 Elm Street, San Carlos, CA 94070 by Thursday, May 16, 2024 at 10:00 a.m. and will immediately then be publicly opened, examined and announced by the San Carlos City Clerk. No Pre -Bid Conference has been scheduled for this Project.

A Class A, 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 scope of work generally includes mobilization, traffic control, water pollution control, dust prevention and control, site cleanup, asphalt concrete grinding/removal, asphalt concrete installation, concrete bulb -out installation, ADA ramp construction, utility cover lowering & restoring to grade, rectangular rapid flash beacon (RRFB) installation, striping removal, replacement & installation and all other work as shown on the Plans and as called for in the Technical Provisions and as directed by the Engineer.

Bids are required for the entire work described herein in accordance with the instructions to bidders. The Engineer’s Estimate is between $430,000 and $550,000.

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 the Contractor (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 their 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 Lane, San Carlos, CA 94070, (650) 631 -2310; email at sancarlos@e -arc.com; or visit 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.

Crystal Mui, City Clerk

Published: April 25 and May 1, 2024

If you require translation for this notice, please contact the City Clerk’s Office at 650-802-4222.

8.k
June 10, 2024

Packet Pg. 124

viii

This Page Intentionally Left Blank

8.k
June 10, 2024

Packet Pg. 125

CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

INSTRUCTIONS 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 “Arroyo Avenue and Chestnut Street Safe Routes to School Improvements No. C2201”.

3. Time of Completion and Liquidated Damages: All work shall be diligently prosecuted to completion before the expiration of Thirty (30) Working Days from the date 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 Thousand Dollars ($5,000) for each calendar day beyond the specified time limit until the project is completed. This project is anticipated to be substantially complete before August 21, 2024.

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, ca shier’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 is enclosed 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 A, 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 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. Prevailing 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.

8.k
June 10, 2024

Packet Pg. 126

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 in the specifications.

10. Security 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. Pre-Bid Conference: No pre-bid conference has been scheduled for this project.

12. Requests 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) working days before the bid opening. Questions received after this time and date may not be addressed.

City of San Carlos – Public Works Department
600 Elm Street, San Carlos, CA 94070
Attention: Jana Cadiz, Associate Engineer - Traffic
[email protected]
Telephone: (650) 802-4108

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

8.k
June 10, 2024

Packet Pg. 127

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. Worker’s Compensation
E. Certifications

1. Workers Compensation

2. Safety 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

8.k
June 10, 2024

Packet Pg. 128

xii

This Page Intentionally Left Blank

8.k
June 10, 2024

Packet Pg. 129

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-1 City Project No. C2201

CITY OF SAN CARLOS

PUBLIC WORKS DEPARTMENT
600 Elm Street
San Carlos, CA 94070

BID PROPOSAL

FOR:

"Arroyo Avenue and Chestnut Street Safe Routes to School Improvements”
City Project No. C2201

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.

8.k
June 10, 2024

Packet Pg. 130

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-2 City Project No. C2201

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-11 Department of Industrial Relations Registration Requirement ............................. P-11 Certifications and Affidavits
Non-Collusion Affidavit ................................ ................................ ................. P-12 Bidder’s Qualifications ................................ ................................ .................. P-13 Bidder’s References ................................ ................................ ...................... P-14 Signature Pages ................................ ................................ ................................ . P-15 Bid Bond ................................ ................................ ................................ ............ P-17

8.k
June 10, 2024

Packet Pg. 131

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-3 City Project No. C2201

BID PROPOSAL

"Arroyo Avenue and Chestnut Street Safe Routes to School Improvements”

CITY PROJECT NO. C2201

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 proposal 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

8.k
June 10, 2024

Packet Pg. 132

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-4 City Project No. C2201 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.

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.

8.k
June 10, 2024

Packet Pg. 133

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-5 City Project No. C2201 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.

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 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. S tructural 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 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.

8.k
June 10, 2024

Packet Pg. 134

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-6 City Project No. C2201

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.

8.k
June 10, 2024

Packet Pg. 135

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-7 City Project No. C2201 BID ITEMS ARE AS FOLLOWS:

"Arroyo Avenue and Chestnut Street Safe Routes to School Improvements”

PROJECT NO. C2201

Base Bid

Item
No.

Description of Items

Estimated
Qty
Unit Unit
Price
Item Total
Amount
1 Mobilization 1 LS $ $
2 Traffic control 1 LS $ $
3 Storm Water Pollution Control 1 LS $ $
4 Remove AC (for Concrete Improvements) 875 SF $ $
5 Remove AC (for Road Improvements) 5,020 SF $ $
6 Remove Seeded Concrete 4,418 SF $ $
7 Remove PCC Curb and Gutter 145 LF $ $
8 Remove PCC Curb 10 LF $ $
9 Remove PCC Sidewalk and Curb Ramp 620 SF $ $
10 Remove Landscape 315 SF $ $
11 Remove 17" Tree 1 EA $ $
12 Remove 24" Tree 1 EA $ $
13 2" AC Grind 460 SF $ $
14 Install PCC Curb and Gutter 142 LF $ $
15 Install PCC Curb 10 LF $ $
16 Install PCC Curb Ramp 460 SF $ $
17 Install PCC Sidewalk 4900 SF $ $
18 Install PCC Valley Gutter 815 SF $ $
19 Install PCC Sidewalk With Brick Boarder 260 SF $ $
20 Install Landscape Match Adjacent Landscape In-Kind 390 SF $ $ 21 Asphalt Concrete 265 TN $ $

8.k
June 10, 2024

Packet Pg. 136

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-8 City Project No. C2201 Base Bid

Item
No.

Description of Items

Estimated
Qty
Unit Unit
Price
Item Total
Amount
22 Lower & Restore to Grade Manhole Frame & Cover 1 EA $ $ 23 Lower & Restore to Grade Water Valve 1 EA $ $
24 Rectangular Rapid Flashing Beacon & PPB 1 LS $ $
25 Relocate R1-1 Sign on New Post 1 EA $ $
26 Install R1-5 Sign on New Post 2 EA $ $
27 Detail 22 70 LF $ $
28 Yellow Ladder Crosswalk 3 EA $ $
29 White Yield Line 2 EA $ $
30 "STOP" Marking 1 EA $ $
31 "SHARROW" Marking 2 EA $ $
32 Blue Hydrant Marker 1 EA $ $
33 Red Curb with "SC★PD" Stenciled In White 90 LF $ $

BASE BID COST
$

Alternative A (Improvements within Arroyo School & 1722 Arroyo Avenue)

Item
No.

Description of Items

Estimated
Qty
Unit Unit
Price
Item Total
Amount
A1 Mobilization 1 LS $ $
A2 Traffic control 1 LS $ $
A3 Storm Water Pollution Control 1 LS $ $
A4 Remove AC (for Road Improvements) 1,060 SF $ $
A5 Remove PCC Curb and Gutter 22 LF $ $
A6 Remove PCC Sidewalk 175 SF $ $
A7 Remove PCC Curb 46 LF $ $
A8 Install PCC Curb and Gutter 22 LF $ $
A9 Install PCC Curb 46 LF $ $

8.k
June 10, 2024

Packet Pg. 137

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-9 City Project No. C2201 Alternative A (Improvements within Arroyo School & 1722 Arroyo Avenue)

Item
No.

Description of Items

Estimated
Qty
Unit Unit
Price
Item Total
Amount
A10 Install PCC Sidewalk 175 SF $ $
A11 Asphalt Concrete 40 TN $ $
A12 Lower & Restore to Grade Water Valve 1 EA $ $
A13 Lower & Restore to Grade Water Meter 1 EA $ $

ALTERNATIVE A COST
$

TOTAL BID:
(BASE BID AND ALTERNATIVE A):

TOTAL BID AMOUNT: $___________________

Notes:

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

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

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

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

8.k
June 10, 2024

Packet Pg. 138

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-10 City Project No. C2201

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: THIS 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.

8.k
June 10, 2024

Packet Pg. 139

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-11 City Project No. C2201

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: THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED AS PART OF THE CONTRACTOR’S BID PROPOSAL.

8.k
June 10, 2024

Packet Pg. 140

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-12 City Project No. C2201 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

8.k
June 10, 2024

Packet Pg. 141

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-13 City Project No. C2201 BIDDER’S REFERENCE

List three (3) major projects which the Bidder has performed comparable work wi thin 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

8.k
June 10, 2024

Packet Pg. 142

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-14 City Project No. C2201

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.

8.k
June 10, 2024

Packet Pg. 143

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-15 City Project No. C2201 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)

8.k
June 10, 2024

Packet Pg. 144

Bid Proposal Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page P-16 City Project No. C2201 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 Arroyo Avenue and Chestnut Street Safe Routes to School Improvements , No. C2201.

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.

8.k
June 10, 2024

Packet Pg. 145

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-1 Project No. 2201

AGREEMENT AND AGREEMENT FORMS

TABLE OF CONTENTS

Agreement for Public Projects ................................ ................................ .................. A-2 Exhibit A: Contractor’s Bid Proposal ................................ ................................ ....... A-10 Exhibit B: Insurance Coverage ................................ ................................ ................ 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

8.k
June 10, 2024

Packet Pg. 146

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-2 Project No. 2201

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 in 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 under 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

8.k
June 10, 2024

Packet Pg. 147

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-3 Project No. 2201 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.

8.k
June 10, 2024

Packet Pg. 148

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-4 Project No. 2201 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 without
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. Coverage 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 the extent applicable to
CONTRACTOR’s vehicle usage in
performing services hereunder).

8.k
June 10, 2024

Packet Pg. 149

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-5 Project No. 2201

Concurrently with the execution of this Agreement, CONTRACTOR shall furnish CITY with certificates and copies of information or declaration pages of the insurance required 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 beginnin g 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

8.k
June 10, 2024

Packet Pg. 150

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-6 Project No. 2201 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.

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.

8.k
June 10, 2024

Packet Pg. 151

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-7 Project No. 2201

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 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. CONTRACTOR 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 pur poses of the settlement

8.k
June 10, 2024

Packet Pg. 152

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-8 Project No. 2201 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.

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]

8.k
June 10, 2024

Packet Pg. 153

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-9 Project No. 2201

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:

8.k
June 10, 2024

Packet Pg. 154

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-10 Project No. 2201

EXHIBIT A

CONTRACTOR’S BID PROPOSAL

[To be attached]

8.k
June 10, 2024

Packet Pg. 155

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-11 Project No. 2201

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: The 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 NOTICE. 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: The 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: ( ) _______

8.k
June 10, 2024

Packet Pg. 156

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-12 Project No. 2201

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.

(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.

8.k
June 10, 2024

Packet Pg. 157

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-13 Project No. 2201

(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 this 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.

8.k
June 10, 2024

Packet Pg. 158

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-14 Project No. 2201

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 the Arroyo Avenue and Chestnut Street Safe Routes to School Improvements, Project No. C2201 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.

8.k
June 10, 2024

Packet Pg. 159

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-15 Project No. 2201 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)

8.k
June 10, 2024

Packet Pg. 160

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-16 Project No. 2201

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 the Arroyo Avenue and Chestnut Street Safe Routes to School Improvements, Project No. C2201, 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

8.k
June 10, 2024

Packet Pg. 161

Agreement and Agreement Forms Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page A-17 Project No. 2201 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)

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: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

8.k
June 10, 2024

Packet Pg. 162

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: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

8.k
June 10, 2024

Packet Pg. 163

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: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

8.k
June 10, 2024

Packet Pg. 164

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.

8.k
June 10, 2024

Packet Pg. 165

(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.

(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

8.k
June 10, 2024

Packet Pg. 166

GUARANTEE
(To Be Submitted Prior to Project Acceptance)

FOR THE
City of San Carlos
San Carlos, CA 94070

Arroyo Avenue and Chestnut Street Safe Routes to School Improvements, Project No.

C2201

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: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO PROJECT ACCEPTANCE.

8.k
June 10, 2024

Packet Pg. 167

GENERAL PROVISIONS

8.k
June 10, 2024

Packet Pg. 168

This Page Intentionally Left Blank

8.k
June 10, 2024

Packet Pg. 169

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

8.k
June 10, 2024

Packet Pg. 170

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

8.k
June 10, 2024

Packet Pg. 171

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

* * *

8.k
June 10, 2024

Packet Pg. 172

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-1 Project No. C2201

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, body, official(s) to which or to whom the power belonging to the City Council has been properly delegated.

8.k
June 10, 2024

Packet Pg. 173

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-2 Project No. C2201

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, design 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 - All 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 their 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, corporation, 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, with instruction to the Contractor pertaining to the completion of a project objective; including, but not limited to responses to requests for information, clarifications, letters of instruction, the notice of award and the notice to proceed.

Engineer - The 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 the Engineer, 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”.

8.k
June 10, 2024

Packet Pg. 174

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-3 Project No. C2201

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 - The engineering or technical inspector(s) duly authorized or appointed by the Engineer or City, limited to the particular duties entrusted to 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

8.k
June 10, 2024

Packet Pg. 175

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-4 Project No. C2201

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 – The 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 – The 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

8.k
June 10, 2024

Packet Pg. 176

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-5 Project No. C2201

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.

8.k
June 10, 2024

Packet Pg. 177

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-6 Project No. C2201

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 be 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 Guarant y, 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 and 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 they have the requisite experience and ability and that the bidder has sufficient capital, facilities and plant to enable them 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.

8.k
June 10, 2024

Packet Pg. 178

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-7 Project No. C2201

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 Examination 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 bee n 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 guarant y, 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 they have 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 their 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 Proposal Guaranty - 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 Disqualification 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 Procedure s – 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.

8.k
June 10, 2024

Packet Pg. 179

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-8 Project No. C2201

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 Required Contractor and Subcontractor Registration - In accordance with Labor Code Section 1725.5 and 1771.1, the contractor and all subcontractors 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 th at any of the provision in Labor Code Section 1771.1(c) are satisfied.

8.k
June 10, 2024

Packet Pg. 180

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-9 Project No. C2201

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 for 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 Requirements. 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) Demonstrated 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

8.k
June 10, 2024

Packet Pg. 181

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-10 Project No. C2201

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 City 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 which 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 Contract 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 guaranty 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 Status 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 them 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

8.k
June 10, 2024

Packet Pg. 182

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-11 Project No. C2201

fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.

3.09 Forfeiture of Proposal Guarant y - 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 guarant y to the City. The City may then award the contract to next Lowest Responsible Bidder. The forfeited proposal guarant y 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 guarant y 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 authorized 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 any 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.

8.k
June 10, 2024

Packet Pg. 183

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-12 Project No. C2201

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.

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 Power 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 Insurance Requirements - Contractor shall provide at their 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 their employees to be engaged in the work under this contract. Should any such work be sublet, the contractor shall require each of their 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 their operation, 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 their 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.

8.k
June 10, 2024

Packet Pg. 184

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-13 Project No. C2201

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 Legal 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 Office of Contractor at Site - During th e 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 when absent 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.

8.k
June 10, 2024

Packet Pg. 185

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-14 Project No. C2201

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 an independent opinion thereon, including thedetermination 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 the project subcontractors. In general, the Special Provisions, General Provisions, 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.

8.k
June 10, 2024

Packet Pg. 186

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-15 Project No. C2201

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 Figured 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 that are in possession, including those which may have been reduced for reproduction.

8.k
June 10, 2024

Packet Pg. 187

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-16 Project No. C2201

4.08 Errors or Discrepancies - 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, shall have the 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 Drawings 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 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 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 .. 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 submitting a request in writing to the Engineer at least two (2) weeks in advance of the time they are required.

4.11 Lines 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 approved 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.

8.k
June 10, 2024

Packet Pg. 188

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-17 Project No. C2201

Record Drawings are full size drawings (Plans) which marked up during construction to delineate 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 data, 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 any required 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 Contractor 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

8.k
June 10, 2024

Packet Pg. 189

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-18 Project No. C2201

format at least twenty-eight ( 28) calendar days prior to the approval being necessary for the work.

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

8.k
June 10, 2024

Packet Pg. 190

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-19 Project No. C2201

Contractor's waiver of rights to additional payment or time extensions, that may be necessary because of the substitution's failure to perform adequately.

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 Contractor.

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 work 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 4:00 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

8.k
June 10, 2024

Packet Pg. 191

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-20 Project No. C2201

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, 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 required tests are successfully passed.

8.k
June 10, 2024

Packet Pg. 192

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-21 Project No. C2201

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 Effect 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 its 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.

8.k
June 10, 2024

Packet Pg. 193

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-22 Project No. C2201

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 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 C ontractor considers that any changes ordered involve extra or omitted work, Contractor shall immediately notify the Engineer in writing and subsequently keep them 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 substanti ating 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 documented, 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 any 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 requests an extension of time, within five (5) working days the Contractor must 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 the obligation to perform in accordance with the Contract Documents.

8.k
June 10, 2024

Packet Pg. 194

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-23 Project No. C2201

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 determines 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 asserts 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 price 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 full 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

8.k
June 10, 2024

Packet Pg. 195

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-24 Project No. C2201

records and reports shall be submitted to the Engineer for approval on a daily 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”.

8.k
June 10, 2024

Packet Pg. 196

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-25 Project No. C2201

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 at the Contractor ’s, 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 thecontract.

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 necessary 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 manufacturer 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).

8.k
June 10, 2024

Packet Pg. 197

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-26 Project No. C2201

The Engineer shall 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 coating 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 electrical 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 materials for testing shall be delivered to the place by Contractor, 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 any 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 materials 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 past 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.

8.k
June 10, 2024

Packet Pg. 198

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-27 Project No. C2201

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.

8.k
June 10, 2024

Packet Pg. 199

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-28 Project No. C2201

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 any 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

8.k
June 10, 2024

Packet Pg. 200

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-29 Project No. C2201

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 be familiar 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, at the Contractor’s expense such protective measures shall be furnished and placed.. 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 utility owner when Contractor 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, at the Contractor’s expense, 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 shall be furnished and installed.

7.05 Shut Down 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. The 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. Has 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.

8.k
June 10, 2024

Packet Pg. 201

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-30 Project No. C2201

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 convenience shall be theresponsibility of Contractor. Contractor shall make all arrangements, obtain all approvals, and bear all costs. The Contractor may, for 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 toperations so as to permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.

8.k
June 10, 2024

Packet Pg. 202

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-31 Project No. C2201

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 time 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 within 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.

8.k
June 10, 2024

Packet Pg. 203

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-32 Project No. C2201

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 8:00 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

8.k
June 10, 2024

Packet Pg. 204

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-33 Project No. C2201

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 Engineer 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 any 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

8.k
June 10, 2024

Packet Pg. 205

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-34 Project No. C2201

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 the 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 the 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 if 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.

8.k
June 10, 2024

Packet Pg. 206

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-35 Project No. C2201

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 Notice 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

8.k
June 10, 2024

Packet Pg. 207

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-36 Project No. C2201

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 every effort to obtain the materials from all known sources within reasonable reach of the proposed work has been made . 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

8.k
June 10, 2024

Packet Pg. 208

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-37 Project No. C2201

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 conditions 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 the 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 delay. (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 maximum 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 project 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.

8.k
June 10, 2024

Packet Pg. 209

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-38 Project No. C2201

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

8.k
June 10, 2024

Packet Pg. 210

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-39 Project No. C2201

occupancy shall not constitute an acceptance of any part of the work, unless so stated in writing by the City.

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 resulting 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.

8.k
June 10, 2024

Packet Pg. 211

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-40 Project No. C2201

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 the 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 written 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 Contractor’s duly 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 the 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 be fully informed of, and at all times observe and comply with all Federal, State and County laws, including those of CAL -OSHA; all municipal

8.k
June 10, 2024

Packet Pg. 212

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-41 Project No. C2201

ordinances and regulations of the City of San Carlos; and all orders and decrees 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, and 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 and 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 Contractor or by any hired Subcontractor 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 California 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 reference 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 in 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 the 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.

8.k
June 10, 2024

Packet Pg. 213

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-42 Project No. C2201

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 , Department 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, contact the Division of Apprenticeship Standards, 425 Golden Gate Avenue, 4th 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 Permits 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

8.k
June 10, 2024

Packet Pg. 214

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-43 Project No. C2201

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 the 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 Contractor’s 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 the Subcontractors or employees causes loss or damage to any separate Contractor on the work, the Contractor, by agreement or arbitration, if they 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 the bid all costs involved in coordinating the 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, make special arrangements with neighboring property City(s) to secure a staging area for a field office and/or material and equipment storage, at Contractor’s expense. The staging area must be fenced, with screening, and shall be operated in a manner that minimizes the inconvenience to neighbors.

8.k
June 10, 2024

Packet Pg. 215

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-44 Project No. C2201

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 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 will 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

8.k
June 10, 2024

Packet Pg. 216

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-45 Project No. C2201

be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance.

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 material 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 Contractor 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 effort 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.

8.k
June 10, 2024

Packet Pg. 217

General Provisions Arroyo Avenue and Chestnut Street Safe Routes to School Improvements Page GP-46 Project No. C2201

(h) Temporary Light, Power and Water - The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water, including piping, wiring, lamps, and other equipment, necessary for the work at Contractor’s expense . The Contractor shall not 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 appropriate 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.

San Carlos City CouncilJune 10, 2024

San Carlos City Council
June 10, 2024