Agenda packet — San Carlos City Council, January 12, 2026 (part 1 of 6)

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
January 12, 2026 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org

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

In-Person Participation:
•
Location.

City Hall – 600 Elm Street, Council Chambers.

•
Provide Public Comment.

T o address the City Council, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.

Remote Participation
:
•
Observe via:
-
Zoom.
https://us02web.zoom.us/j/88256140939; or call 1-669-900-9128 and enter the Meeting ID #: 882 5614 0939
-
Meeting Webportal
. www.cityofsancarlos.org/agenda
-
Local TV.

Comcast Channel 27 and AT&T Uverse Channel 99

•
Provide Public Comment.

If you plan to make a public comment, 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 pursuant to Government Code 54953.8.

1 MAYOR:

Pranita Venkatesh

COUNCIL:

John Dugan, Neil Layton, Sara McDowell, Adam Rak

1. CALL TO ORDER

2. TELECONFERENCE ANNOUNCEMENTS BY COUNCIL

3. PLEDGE OF ALLEGIANCE
Led by Brittan Acres Brownie Troop #62170.

4. CHANGES TO THE ORDER OF THE AGENDA

5. REPORT FROM CLOSED SESSION

6. PRESENTATIONS

Recognize

City

Manager

Jeff

Maltbie

Upon

His

Retirement

From

the

City

San
Carlos.

7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Council

Communications

and

Announcements

are

brief

items

from

members

the

City
Council

regarding

upcoming

events

the

community

and

correspondence

that

they

have
received.

They

are

informational

nature

and

action

will

taken

these

items

this
meeting.

8. PUBLIC COMMENT
Persons

wishing

address

the

City

Council

matters

NOT

the

posted

agenda

may
do so. Each speaker is limited to two minutes.

the

item

you

are

speaking

not

listed

the

agenda,

please

advised

that

the

City
Council

may

briefly

respond

statements

made

questions

posed

allowed

under

the
Brown

Act

(Government

Code

Section

54954.2).

The

City

Council's

general

policy

to
refer

items

staff

for

attention,

have

matter

placed

future

City

Council

agenda
for

comprehensive

action

report

and

formal

public

discussion

and

input

that
time.

9. CONSENT CALENDAR

Motion to Waive Reading of All Ordinances.

2 b.

Approve the November 10, 2025 City Council Regular Meeting Minutes. c.

Approve the November 13, 2025 City Council Special Meeting Minutes. d.

Approve the November 24, 2025 City Council Special Meeting Minutes. e.

Adopt

Resolution

Approving

the

Parcel

Map

for

the

11 El

Camino

Real
Development,

Assessor’s

Parcel

Numbers

045-320-170

and

045-320-220,

and
Authorizing

the

Execution

the

Subdivision

Improvement

Agreement

and

the
Project

Specific

Maintenance

Agreement

with

the

California

Department

of
Transportation.
f.

Deny Claim of Elvia Pereda.
g.

Deny Claim of Rishabh Bhandari.
h.

Adopt

Resolution

Appropriating

Additional

$23,900

Fiscal

Year

2025-26
from

the

General

Capital

Fund

Unassigned

Fund

Balance

(Fund

0025)

Project
C2515;

Authorizing

the

Execution

Agreement

for

Architectural

Services

with
Goring

Straja

Architects

for

the

Adult

Community

Center

Kitchen

Remodel
Design

Project

C2515

the

Amount

$186,569;

and

Authorizing

Expenditure
of Contingency of $37,331, for a T otal Contract Amount Not to Exceed $223,900. i.

Accept the Quarterly Reports from City Commissions and Boards. j.

Adopt

Resolution

Authorizing

the

Execution

Three-Year

Extension

with
eSentire

Managed

Security

Services

the

Amount

$215,318.55,

with

Authority
to Adjust Service Levels and Renew for Successive T erms. k.

Adopt

Resolution

Authorizing

the

Execution

Professional

Services
Agreement

with

Sciens,

LLC

the

Amount

$89,950

for

the

Consultant
Assessment

and

Recommendation

for

Public

Works

T echnology

Solutions

Project
(C2412);

and

Authorizing

the

Expenditure

20%

Contingency

the

Amount

of
$17,990, for a T otal Not-to-Exceed Contract Amount of $107,940. l.

Adopt

Resolution

Approving

the

Specifications

for

the

Library

Makerspace
Project.
m.

Deny Claim of Robert Hopkins.

10. NEW BUSINESS

Consideration

Adopting

Resolution

Awarding

the

Recipients

the

2025
Childcare

Grant

Program

and

Authorizing

the

Execution

Agreements

for

Receipt
of

Grant

Funds

with

Shu

Academy

Preschool

($35,654),

TBD/Curious

Beans

3 Shu Academy ($100,000), and Bright Horizons ($100,000). b.

Consideration

Adopting

Resolution

Approving

the

Interim

City

Manager
Agreement, Including a 5% Base Pay Increase.

11. AGENDA SETTING
Items

discussed

this

Agenda

Setting

Section

will

considered

the

Council

for
placing on a future agenda. No action will be taken on these items at this meeting.

12. ADJOURNMENT

Any

writings

documents

provided

majority

the

City

Council

regarding

any

item

this

agenda
will be made available for public inspection upon request.

compliance

with

the

Americans

with

Disabilities

Act

and

Title

VI,

and

outlined

the

City’s
Reasonable

Accommodations

Policy,

you

need

special

assistance

translation

services

participate
in

this

meeting,

please

contact

the

City

Clerk’s

Office

(650)

802-4222

via

at
[email protected].

Notification

advance

the

meeting

will

enable

the

City

make
reasonable arrangements to ensure accessibility to this meeting.

4 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
November 10, 2025 7:00 PM

MINUTES

ROLL CALL
City Council Present: Sara McDowell, Mayor
Pranita Venkatesh, Vice Mayor
John Dugan, Councilmember
Neil Layton, Councilmember
Adam Rak, Councilmember
Staff Present: Nil Blackburn, Assistant City Manager
Greg DaCunha, Deputy Fire Chief
Grace Le, City Engineer
Steven Machida, Public Works Director
Jeff Maltbie, City Manager
Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Lisa Porras, Planning Manager
Gregory Rubens, City Attorney
Al Savay, Community Development Director
Chris Valley, Building Official

1. CALL TO ORDER
Mayor McDowell called the meeting to order at 7:00 p.m.

2. ASSEMBLY BILL 2449 TELECONFERENCE REQUESTS
None.

3. PLEDGE OF ALLEGIANCE
Mayor McDowell led the Pledge of Allegiance.

4. CHANGES TO THE ORDER OF THE AGENDA
Councilmember Layton requested that Item 8e—Harrington Park Plans and Specifications—be pulled from the Consent Calendar for discussion.

5. PRESENTATIONS
a. Present a Proclamation Recognizing Natalie W. Upon Winning Second Place in the 2025 Rethink Waste Poster Contest.

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Mayor McDowell presented a proclamation to Natalie W. recognizing her achievement in earning second place in the 2025 Rethink Waste Poster Contest and also presented a certificate from Assemblymember Diane Papan’s office. Following the recognitions, Natalie spoke briefly about her project.
b. Receive a State Legislative Update from Assemblymember Diane Papan.

Assemblymember Papan provided 2025 legislative updates and responded to Council questions.

Public Comment
- Ken Castle, resident, expressed concerns regarding prior and potentially upcoming Cal Water rate increases.
- Judy Louser spoke about free speech limitations at public meetings. - Fred Leuchter spoke against a vehicle taxation registration and the importance of free speech limitations at public meetings.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Mayor McDowell thanked the Parks and Recreation Department for the Life on Laurel events and acknowledged the Youth Center’s Fallmas Craft Fair held over the weekend. She also noted her neighborhood’s fourteenth annual block party, held using the Centennial Block Party Kit, and thanked Alison Rak for her block party suggestions as a member of the Centennial Planning Committee.

7. PUBLIC COMMENT
Andrew Diesh, resident, commented about issues with local businesses and suggested the city raise taxes on businesses.

A member of the public provided comments that were off-topic.

8. CONSENT CALENDAR
Item ‘e’ was pulled from the Consent Calendar.

MOTION: Adopt City Council Consent Calendar items ‘a’ through ‘i; and Item ‘j’ - Adopt Ordinance 1629 Amending San Carlos Municipal Code Chapter

15.04 – Technical Building Codes, Adopting the 2025 Editions of the California Administrative Code, California Building Code (Volumes 1 and 2), California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, 1997 Uniform Security Code, the 2024 Edition of the International Property Maintenance Code with Amendments and Modifications, and Safety Assessment Program (SAP) Placards; and Adopt Ordinance 1630 Amending San Carlos Municipal Code Section 15.04.110 – Title 24, Part 9, California Fire Code – Adopting the 2024 Edition of the International Fire Code and the 2025 California Fire Code including all Adopted Standards; and Item ‘k’ - Adopt Ordinance 1631 Adding Chapter 8.11 to the San Carlos Municipal Code Banning the Sale and Distribution of Nitrous Oxide, Also Known as “Whippets”, with Limited Exceptions.

MOVER: Dugan

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SECONDER: Venkatesh
AYES: Dugan, Layton, Rak, Venkatesh, McDowell
NAYS: None
RESULT: Motion Passed 5 – 0
a. Motion to Waive Reading of All Ordinances.
b. Approve the September 22, 2025 City Council Regular Meeting Minutes. c. Approve the October 9, 2025 City Council Special Meeting Minutes. d. Adopt a Resolution Approving the Plans and Specifications for the Library Makerspace Project; Authorizing a Call for Bids; and Authorizing the Execution of an Agreement with the San Mateo County Library Joint Powers Authority. Resolution 2025-122 e. Adopt a Resolution Approving the Downtown Plan Implementation Phase 1A – Harrington Park Project (C2215) Plans and Specifications; Authorizing a Contract Amendment in the Amount of $300,000 to the WRT, Inc. Agreement for Design Support During Construction; and Authorizing a Call for Bids.

Item pulled from the Consent Calendar.
f. Adopt a Resolution Approving the Amended Job Classification Specification for the Position of City Manager, Effective on the First Date of Employment of the New City Manager. Resolution 2025-123
g. Deny Claim of Kelly Boyett.
h. Adopt Resolutions Summarily Vacating a 5 -Foot-Wide Sewer Easement and Accepting a 10- Foot-Wide Sewer Easement Over the Existing Sewer Main at 315 Elm Street (APN 050-052- 310). Vacate Easement – Resolution 2025-124; Accept Easement – Resolution 2025-125 i. Adopt a Resolution Accepting the Big Canyon Park Landslide Project (Behind 995 Crestview Drive) (C2318) and Authorizing the Public Works Director to Issue and Record a Notice of Completion. Resolution 2025-126
j. Adopt Ordinance 1629 Amending San Carlos Municipal Code Chapter 15.04 – Technical Building Codes, adopting the 2025 Editions of the California Administrative Code, California Building Code (Volumes 1 and 2), California Residential Code, California Electric al Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, 1997 Uniform Security Code , the 2024 Edition of the International Property Maintenance Code with amendments and modifications, and Safety Assessment Program (SAP) Placards; and Adopt Ordinance 1630 Amending San Carlos Municipal Code Section 15.04.110 – Title 24, Part 9, California Fire Code – Adopting the 2024 Edition of the International Fire Code and the 2025 California Fire Code including all Adopted Standards.
k. Adopt Ordinance 1631 Adding Chapter 8.11 to the San Carlos Municipal Code Banning the Sale and Distribution of Nitrous Oxide, Also Known as “Whippets”, with Limited Exceptions. 8e. Adopt a Resolution Approving the Downtown Plan Implementation Phase 1A – Harrington Park Project (C2215) Plans and Specifications; Authorizing a Contract Amendment in the Amount of

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$300,000 to the WRT, Inc. Agreement for Design Support During Construction; and Authorizing a Call for Bids.

Council Member Layton pulled this item from the Consent Calendar to express budgetary concerns and questioned the bidding process. City Engineer Grace Le responded to his questions.

MOTION: Adopt Resolution 2025-127 Approving the Downtown Plan Implementation Phase 1A – Harrington Park Project (C2215) Plans and Specifications; Authorizing a Contract Amendment in the Amount of $300,000 to the WRT, Inc.

Agreement for Design Support During Construction; and Authorizing a Call for Bids.

MOVER: Layton
SECONDER: Rak
AYES: Rak, Layton, Venkatesh, McDowell
NAYS: None
ABSTAIN: Dugan
RESULT: Motion Passed 4 – 0 – 1

9. STUDY SESSION
a. Receive a Report on the Results of the September 2025 Community Survey Related to Funding for City Facilities and Services and Provide Feedback.

Rebecca Mendenhall, Administrative Services Director, provided a brief overview of the request for proposal process to retain vendors to assist with polling. She then introduced Jeremy Hauser of Team CivX and Dr. Timothy McLarney of True North Research, who presented findings from a survey conducted in September regarding potential ballot measures to fund City facilities and services. Mr. Hauser, Dr. McLarney, Ms. Mendenhall, and Public Works Director Steven Machida responded to Council questions.

Council directed staff to proceed with the next steps in exploring a potential sales tax measure, including:
- Initiating community education to raise awareness of the City’s funding sources and needs, including the absence of a local sales tax in San Carlos and the potential for sales tax revenues to be imposed by another agency and used outside the City. - Developing clear and transparent messaging about how any potential sales tax revenue would be used, with particular emphasis on infrastructure needs. - Testing potential tax rates in the next tracking poll, including both a ½-cent and a ¾-cent sales tax, and clearly communicating what each option would fund. - Conducting stakeholder outreach and broader community engagement to gather input and feedback on the potential measure.

10. AGENDA SETTING
At Council M ember Layton’s request, Administrative Services Director Rebecca Mendenhall provided a brief, high-level update on the City Manager timeline and hiring process, and City Attorney Greg Rubens noted that additional details would be provided offline.

11. ADJOURNMENT
Mayor McDowell adjourned the meeting at 9:13 p.m. acknowledging Veterans Day and thanking Council Member Dugan for his service, as well as all community members who have served.

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Crystal Mui,
City Clerk

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San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
Library Community Room, 2nd Floor
610 Elm Street, San Carlos, CA 94070
November 13, 2025 2:00 PM

MINUTES

ROLL CALL
City Council Present: Sara McDowell, Mayor
Pranita Venkatesh, Vice Mayor
John Dugan, Councilmember
Neil Layton, Councilmember
Adam Rak, Councilmember
Staff Present: Sajuti Haque, Economic Development and Housing Manager Linnet Kwok, Administrative Clerk
Jeff Maltbie, City Manager
Andrea Mardesich, Assistant Community Development Director Crystal Mui, City Clerk
Lisa Porras, Advanced Planning Manager
Nicole Rios, Administrative Services Director
Gregory Rubens, City Attorney
Adolfo Ruelas, Economic Development Coordinator
Al Savay, Community Development Director
Kristie Woo, Associate Planner

1. CALL TO ORDER
Mayor McDowell called the meeting to order at 2:02 p.m.

2. PUBLIC COMMENT
None.

3. STUDY SESSION
a. Receive a Presentation on Downtown Economic Prosperity Strategies and Provide Direction to Staff. (Verbal Report Only)
Community Development Director Al Savay presented on downtown economic prosperity strategies, noting that the purpose of the meeting was to hear from Council about their priorities and to highlight available tools. He led Council discussions on downtown business mix, formula businesses, and incentivizing ground-floor commercial.

Downtown Business Mix
Council directed staff to continue evaluating desired business uses in the downtown to help generate additional foot traffic. Concerns were raised about office and service uses in the

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downtown core due to infrastructure limitations (e.g., limited drop-off capacity). There is a desire for the downtown core to remain focused on retail and dining.

Formula Businesses

While some Councilmembers expressed support for relaxing the current regulations by increasing the threshold for formula businesses, others requested additional information before forming an opinion, including lease rate comparisons with other cities and potential approaches to balancing formula businesses by block. This work would be considered as a separate action outside of the Downtown Specific Plan.

Incentivizing Ground-Floor Commercial

Council directed staff to explore all available tools to preserve ground-floor commercial space in the downtown area, recognizing the impacts of recent state housing laws. This includes examining zoning approaches for corner properties and the use of an overlay zone to preserve commercial space. These concepts would be brought forward after the Downtown Specific Plan as a potential zoning action for El Camino Real and may be discussed in greater detail at the Council’s strategic retreat to help guide next steps.

Council suggested scheduling additional opportunities for ongoing updates and discussion on economic strategies.

4. ADJOURNMENT

The meeting adjourned at 3:58 p.m.

Crystal Mui
City Clerk

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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
November 24, 2025 5:45 PM

MINUTES

ROLL CALL

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

Staff Present: Nil Blackburn, Assistant City Manager
Sajuti Haque, Economic Development and Housing Manager
Jeff Maltbie, City Manager
Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Angie Rodriguez, Human Resources Manager
Gregory Rubens, City Attorney
Al Savay, Community Development Director

1. CALL TO ORDER

Mayor McDowell called the meeting to order at 5:45 p.m.

2. PUBLIC COMMENT

None.

3. CLOSED SESSION

a. Conference with Real Property Negotiators Blackburn, Haque, Maltbie, Rubens and Savay – Held Pursuant to Government Code Section 54956.8, to Discuss Price and Terms of Payment Concerning a Portion of 1201 San Carlos Avenue Consisting of a Parking Area Adja cent to City Property (APN: 050-132-220).

b. Consider Public Employee Appointment for Interim City Manager - Held Pursuant to Government Code Section 54957.

City Manager Jeff Maltbie and Assistant City Manager Nil Blackburn excused themselves from the room for this item.

4. REPORT FROM CLOSED SESSION

City Attorney Greg Rubens reported that the City Council has unanimously appointed Nil Blackburn to serve as Interim City Manager beginning January 17, 2026.

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5. ADJOURNMENT

The meeting adjourned at 6:37 p.m.

Crystal Mui
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 12, 2026
ITEM TITLE: Adopt a Resolution Approving the Parcel Map for the 11 El Camino Real Development, Assessor’s Parcel Numbers 045-320-170 and 045- 320-220, and Authorizing the Execution of the Subdivision Improvement Agreement and the Project Specific Maintenance Agreement with the California Department of Transportation.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution approving the Parcel Map for the 11 El Camino Real Development (“Development”), Assessor’s Parcel Number(s) (APN) 045-320-170 and 045-320-220, and authorizing the execution of the Subdivision Improvement Agreement and the Project Specific Maintenance Agreement (PSMA) with the California Department of Transportation (“Caltrans”).

FISCAL IMPLICATIONS:

There is no fiscal implication associated with approving this Parcel Map.

New utility connections are needed to serve the Development, which will minimally increase City infrastructure maintenance costs after construction of the project and execution of the PSMA with Caltrans. No additional budget appropriation is needed to include these connections with regular City maintenance.

BACKGROUND:

This item is brought before the City Council to approve the Parcel Map for the Development. The Tentative Parcel Map for the Development was approved on September 18, 2023 by the Planning and Transportation Commission. The Council’s approval is required before the Parcel Map can be filed with the County Recorder.

The Development is a residential development consisting of a new six-story, 251-unit multi-family apartment with 38 Below Market Rate units. The Developer is required to improve the sidewalk frontage; provide sewer, storm and water service connections; construct streetlights and telecommunication services; install private landscaping; and complete other improvements to meet City standards.

The Developer, as subdivider, has submitted a performance bond to guarantee installation of the required subdivision improvements and has paid the required fees, as prescribed in the Subdivision Improvement Agreement (Attachment 2). The Parcel Map has, therefore, been found to be in substantial conformance with the approved Tentative Parcel Map and all conditions related to the Parcel Map have been met and/or guaranteed.

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ANALYSIS:

Approval of a Parcel Map is a "ministerial act", pursuant to the California Subdivision Map Act (Government Code Section 66474.1), once the Parcel Map is found to be in substantial conformance with the approved Tentative Parcel Map. This Development has met all City regulations and no further discretionary approvals are required.

The Development is on El Camino Real, a state highway, and the improvements will be constructed within the state right-of-way. Therefore, in addition to an encroachment permit, Caltrans is requiring the City to enter into a Project Specific Maintenance Agreement to document maintenance responsibilities.

ALTERNATIVES:

The options available to the City Council include:

1. Adopt a Resolution approving the Parcel Map for the 11 El Camino Real Development, APNs 045-320-170 and 045-320-220, and authorizing the execution of the Subdivision Improvement Agreement and the Project Specific Maintenance Agreement with the California Department of Transportation; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Subdivision Improvement Agreement

3. Project Specific Maintenance Agreement

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RESOLUTION NO. 2026 - ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING THE PARCEL MAP FOR THE 11 EL CAMINO REAL DEVELOPMENT, ASSESSOR’S PARCEL NUMBERS 045-320-170 AND 045-320-220, AND

AUTHORIZING THE EXECUTION OF THE SUBDIVISION IMPROVEMENT AGREEMENT

AND THE PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.

WHEREAS, the Planning and Transportation Commission made certain findings concerning the Tentative Parcel Map for the 11 El Camino Real Development (“Development”), as prescribed in the Tentative Parcel Map Certificate approved on September 18, 2023; and WHEREAS, the subdivider has submitted performance bonds in the amounts of $1,319,000.00 (Faithful Performance) and $659,000.00 (Labor & Materials) to guarantee installation of the required subdivision improvements shown on the approved plans, and all fees have been received, as prescribed in the Subdivision Improvement Agreement; and WHEREAS, all other conditions required per said Tentative Parcel Map Certificate have been met or guaranteed; and
WHEREAS, the Development is on El Camino Real, a state highway, and the improvements will be constructed within the state right-of-way. Therefore, in addition to an encroachment permit, the California Department of Transportation (“Caltrans”) is requiring the City to enter into a Project Specific Maintenance Agreement to document maintenance responsibilities.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves the Parcel Map for the 11 El Camino Real Development, assessor parcel numbers 045- 320-170 and 045-320-220, finds it to be in substantial compliance with the Tentative Parcel Map and the Parcel Map and grants approval. The City is hereby authorized to execute the Subdivision Improvement Agreement for the benefit of the City and the Project Specific Maintenance Agreement as required by Caltrans.
* * * * * * *
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 12th day of January 2026 by the following vote:

AYES, COUNCILMEMBERS: ________________________________________________ NOES, COUNCILMEMBERS:_______________________________________________ ABSENT, COUNCILMEMBERS:_______________________________________________ _________________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos

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SR- 82; San Carlos
PM 7.0
0 PROJECT SPECIFIC MAINTENANCE AGREEMENT
WITH

CITY OF SAN CARLOS

This Project Specific Maintenance Agreement (“AGREEMENT”) is made effective this _______ day of __________, 20___, by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the City of San Carlos (“LOCAL AGENCY” ); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”

RECITALS

1. WHEREAS, a Encroachment Permit No.____________________ dated __________ was executed between LOCAL AGENCY and STATE to document the understanding between PARTIES regarding the planned improvement of the State Highway Route (SR) 82, close to the intersection with Spring Street; and account for the assets of the local street and road system required for the development of that portion of SR 82 at Postmile 7.0; within the jurisdictional limits of the LOCAL AGENCY.

2. WHEREAS, the PARTIES hereto mutually desire to identify the maintenance responsibilities for the features and improvements, as defined herein, constructed or installed within the STATE right of way.

3. WHEREAS, the PARTIES executed prior Maintenance Agreement(s). This AGREEMENT shall supersede prior Maintenance Agreement(s) where a conflict of terms exists within the same limits as this AGREEMENT.

4. Categories of assets covered under this AGREEMENT are as shown in Exhibit

A. Landscaped Areas – These areas include hardscaping, planting, vegetation, and related landscaping improvements.

B. Crosswalk – Designated locations for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections, and on approaches to other intersections where traffic stops.

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1 5. Definitions of SHS facilities components.

A. Lighting – Electrical lamps and light posts installed within STATE ROW.

B. Sidewalk – A paved path along the side of a road.

C. Signage – Signs installed or approved by STATE.

D. Structural/Roadway Drainage Facilities – Any facility that provides drainage to any location, including , but not limited to, culverts, wing walls, drains, drain inlets, gutters, curbs, and inlet grates.

OPERATIVE PROVISIONS

1. Prior Freeway Maintenance Agreements. This AGREEMENT shall not terminate the PARTIES’ prior Freeway Maintenance Agreement (s) or any other maintenance agreements , if any exist within the same limits as this AGREEMENT. In case of inconsistency between prior maintenance agreements and this AGREEMENT, the terms of this AGREEMENT will prevail with regard to the scope of this AGREEMENT.

2. Maintenance Standards. PARTIES shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code section 27, and in accordance with California laws, regulations, and STATE standards, including STATE’S Maintenance Manual, Code of Safe Operating Practices, policies, procedures, and specifications in effect and as amended. “Maintain” or “ Maintenance” under this AGREEMENT includes routine inspections, repairs, cleaning, and State approved replacements.

3. Revising Exhibits. When another planned future improvement has been constructed and/or a revision to SHS facilities has been affected within the limits of the improvement covered by this AGREEMENT, PARTIES can revise this AGREEMENT by mutually amending, replacing, or providing additional pages to the Exhibits that must be signed by authorized representatives of PARTIES .

No formal amendment to the body of this AGREEMENT will be necessary. The revised exhibit will thereafter supersede the previous Exhibit and become part of this AGREEMENT.

4. Amendment to Agreement. Except as provided in the preceding s ection concerning Exhibit amendments, the terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES.

5. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to enter into a new agreement with STATE to accept the obligations of the

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2 LOCAL AGENCY, LOCAL AGENCY shall continue to be contractually bound to STATE by the terms of this AGREEMENT.

6. Encroachment Permits. Before LOCAL AGENCY may enter STATE ROW to install any encroachment or perform any maintenance or work in the areas covered by this AGREEMENT, LOCAL AGENCY must first apply for and obtain an encroachment permit(s) from the STATE’s District 04 Encroachment Permit Office as per STATE’s EP policy. An encroachment permit issued by the STATE will be at no cost to LOCAL AGENCY and may be made valid for an extended period of time.

7. Intersection. LOCAL AGENCY shall maintain SR-82 at postmile 7 as follows and as shown in Exhibit A:

A. LOCAL AGENCY, at LOCAL AGENCY’s expense, shall inspect, maintain, repair, replace, or complete other improvements necessary to maintain the safety of the facilities noted below:

1. LOCAL AGENCY’s improved roadway facilities, including: bulb- outs, curbs, median, new sidewalks, gutters, drainage inlets and ADA-compliant curb ramps; and

2. LOCAL AGENCY’s improved roadway facilities, including:
traffic controls, signal emergency pre- emption equipment , new signs, posts, pavement delineation, mast arm poles , pedestrian signal heads , pedestrian hybrid beacons,
accessible pedestrian signals , and improvements for
compliance with the ADA; and

3. Other improvements that may be constructed on the
improved roadway section(s) with STATE’s prior written
approval and/or encroachment permit.

10. Street Lightings. LOCAL AGENCY is responsible for the maintenance of all streetlights installed by LOCAL AGENCY as permitted encroachments within the S TATE ROW as shown in Exhibit A including ground mounted poles, conduits, and pull boxes. Responsibility of payment for electricity costs of the streetlights shown on Exhibit A shall lie with LOCAL AGENCY.

11. Legal Relations and Responsibilities.

A. No Third-Party Beneficiaries.

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3 This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the s tandard of care imposed by law.

B. Indemnification.

Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the fu llest extent permitted by law, STATE, shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.

Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. To the fullest extent permitted by law, LOCAL AGENCY, shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub -contractors, and/or its agents pursuant to this AGREEMENT.

C. Prevailing Wages and Labor Code Compliance . LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT.

D. Insurance. LOCAL AGENCY and its contractors shall maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess , as may be amended as the minimum liability coverage limits codified in the State’s Standard Specifications. LOCAL AGENCY will provide a certificate of

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4 insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT.

12. Default. If LOCAL AGENCY fails to perform obligations assumed under this AGREEMENT, STATE may by written notice request that the default be remedied within thirty (30) calendar days. I f LOCAL AGENCY fails or refuses to do so, STATE may complete the obligations and seek reimbursement from the LOCAL AGENCY who shall pay the invoice within thirty (30) calendar days.

13. Complete Agreement. This AGREEMENT, along with any attachments, is the full and complete integration of the PARTIES’ agreement with respect to the maintenance of the locations identified in Exhibit A. This AGREEMENT supersedes any previous written or oral agreements between the P ARTIES with respect to the locations identified in Exhibit A. Unless otherwise stated, to the extent there is any conflict between this AGREEMENT and any other agreement (written or oral) regarding maintenance of the area identified in Exhibit A, the terms of this AGREEMENT shall control.

14. Severability. The unenforceability, invalidity, or illegality of any provision(s) of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal.

15. Waiver. Waiver by any PARTY of any portion of this AGREEMENT shall not constitute a waiver of the same or any other portion hereof.

16. Governing Law. This AGREEMENT shall be governed by and interpreted in accordance with California law.

17. Notice. If either PARTY shall desire or is required to give notice to the other , such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case , notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case, notice is effective when delivered; (c) priority U.S. Mail, in which case, notice shall be deemed delivered on the second business day after the deposit thereo f with the U.S. Postal Service.

18. Cost. Any PARTY who is assigned obligation under this AGREEMENT shall complete them at their own cos ts, unless expressly stated otherwise in this AGREEMENT.

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5 19. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. The STATE may terminate this AGREEMENT , should the LOCAL AGENCY fail to perform the requirements of this AGREEMENT at the time and in the manner provided herein.

20. Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT.

21. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through it s regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority, as required. A true and correct copy of the local resolution or ordinance has been provided to the STATE.

22. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

THE CITY OF SAN CARLOS

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Date: Date:

Jeff Maltbie,
City Manager
Deputy District
Director
Leah Budu D4
APPROVED AS TO FORM BY:

Date:

Gregrory J. Rubens,
City Attorney

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0 EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and LOCAL AGENCY road(s) and facilities. Also attach Exhibit A of Project Specific Maintenance Agreement)

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EL CAMINO REAL

OHWOHWOHWOHWOHWOHWOHW
OHW
OHW

EL CAMINO REAL

EXHIBIT A

PROJECT SPECIFIC

MAINTENANCE AGREEMENT
11 EL CAMINO REAL

CITY OF SAN CARLOS SAN MATEO COUNTY CALIFORNIA SCALE: 1" = 50' DATE: SEPTEMBER 9, 2025
F:\3244-000\ACAD\EXHIBITS\XB-054 - FRONTAGE MAINTENANCE.DWG

CIVIL ENGINEERS SURVEYORS PLANNERS

SAN RAMON
WWW.CBANDG.COM

ROSEVILLE
(925) 866-0322
(916) 788-4456
LEGEND

SYMBOL DESCRIPTION OWNED MAINTAINED

SEE BELOW

SEE ABOVE
OHW
Postmile 7

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 12, 2026
ITEM TITLE: Deny Claim of Elvia Pereda.

RECOMMENDATION:

Staff recommend that the City Council deny the claim of Elvia Pereda as recommended by the Carl Warren representative.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Elvia Pereda (“Claimant”).

Staff recommend that the City Council deny the claim based on Carl Warren’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.

Claim Processing in San Carlos. When the City receives a claim, it is immediately forwarded to claims examiners at Carl Warren for investigation. Upon completing the investigation, Carl Warren provides the City with a recommendation on how to proceed with the claim.

About Carl Warren. Carl Warren is a leading national third-party administrator (TPA) that specializes in property and casualty claims management, subrogation recovery, and litigation management. Effective January 1, 2025, Carl Warren was hired by Pooled Liability Assistance Network Joint Powers Authority (PLAN JPA) to provide claims administration services to member cities. 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 (ABAG PLAN) on November 27, 2017, and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board members.

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ANALYSIS:

Claimant filed a claim against the City for property damage. The Claimant alleged that on November 19, 2025, she was driving into her driveway when her tires were damaged by the dis- repaired curb. The incident occurred in the driveway located at her residence.

Staff did not find related records of any previous notice or complaints at the loss location. In addition, per San Carlos Municipal Code section 12.04.020, property owners are required to maintain and repair the sidewalk area in front of their homes, including but not limited to the curb.

If, as a result of the failure of any property owner to maintain the sidewalk area in a safe and non- dangerous condition any person suffers bodily injury or property damage, the owner shall be liable to such person for the resulting damage or injury. As such, Carl Warren recommends formal rejection of Elvia Pereda’s claim.

The Council’s rejection of this claim does not prevent City staff nor the staff of Carl Warren from continuing to work with the claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny the claim of Elvia Pereda; or

2. Do not deny the claim of Elvia Pereda; 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. E. Pereda Claim Form

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 12, 2026
ITEM TITLE: Deny Claim of Rishabh Bhandari.

RECOMMENDATION:

Staff recommend that the City Council deny the claim of Rishabh Bhandari as recommended by the City’s claim administrators at Carl Warren.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Rishabh Bhandari (“Claimant”). Staff recommend that the City Council deny the claim based on Carl Warren’s guidance.

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Management Analyst as primary and alternate PLAN JPA Board members.

ANALYSIS:

Claimant filed a claim against the City for property damages. The Claimant alleged that on May 5, 2025, he was driving on Laurel Street towards Holly Street when his car went over a massive bump and hit the road. As a result, Claimant’s car was damaged and needed replacement of multiple parts. The claim is approximately $2,200.

When investigating this claim, the claims adjuster and staff went to the loss location of the intersection identified by the Claimant. Their observation confirmed that there was no dangerous condition present at the specified location - namely, the center of the intersection. While a valley gutter dip was noted, it is not significant when approached at a reasonable speed. For these reasons, Carl Warren recommends formal rejection of Rishabh Bhandari’s claim.

The Council’s rejection to this claim does not prevent City staff or the staff of Carl Warren from continuing to work with the Claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny claim of Rishabh Bhandari; or

2. Do not deny claim of Rishabh Bhandari; 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. Bhandari, R. Claim Form

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 12, 2026
ITEM TITLE: Adopt a Resolution Appropriating an Additional $23,900 in Fiscal Year 2025-26 from the General Capital Fund Unassigned Fund Balance (Fund 0025) to Project C2515; Authorizing the Execution of an Agreement for Architectural Services with Goring & Straja Architects for the Adult Community Center Kitchen Remodel Design Project C2515 in the Amount of $186,569; and Authorizing an Expenditure of Contingency of $37,331, for a Total Contract Amount Not to Exceed $223,900.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution appropriating an additional $23,900 in fiscal year (FY) 2025-26 from the General Capital Fund Unassigned Fund Balance (Fund 0025) to Project C2515; authorizing the execution of an agreement for architectural services with Goring & Straja Architects for the Adult Community Center (ACC) Kitchen Remodel Design Project C2515 in the amount of $186,569; and authorizing an expenditure of contingency of $37,331, with the total contract amount not to exceed $223,900.

FISCAL IMPLICATIONS:

Funding for this project was appropriated in the Adopted FY 2025-26 Capital Improvement Program Budget in the amount of $200,000 for the ACC Kitchen Remodel Design Project C2515.

An additional $23,900 is requested to cover the contingency budget. With the additional appropriation, the total funds authorized for the project are $223,900. There are funds available in Fund 25 to cover this request.

Goring & Straja Architects Design Contract $189,569
Contingency 37,331
Total Not to Exceed Amount $223,900
Project C2515 Adopted Budget $200,000
Additional funds needed 23,900
Total Revised Project Budget $223,900
Staff will include a budget for construction in the FY 2026-27 mid-cycle budget adjustments. The ACC has received private donations that can be used to supplement the total cost of construction.

The fund balance to date is $522,558.30.

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BACKGROUND:

The ACC was built in 1982 and hosts a wide variety of programs, classes, and events, including group exercise classes, presentations, luncheons, and various social gatherings. The facility averages over 125 daily participants and has over 1,000 active members. The ACC is also available for private rentals on weekends for events such as weddings, birthday celebrations, family gatherings, and memorials.

In 2016, the facility was renovated to meet the current need and trends in senior programming.

New spaces included an expanded lounge, new game room, conversion of a billiards room to a dance/fitness studio, and conversion of aa computer room to a workout room with fitness equipment for seniors. Due to budget limitations during the renovation, the kitchen upgrades were minimal and included a new walk-in refrigerator and oven.

For many years, the meal program was a cafeteria-style, individual order model. However, during the pandemic, staff modified the program model to be a single entrée option and with curbside pickup and delivery for homebound seniors. Average daily lunch numbers increased from 30 per day to 150 per day. The current configuration of the kitchen no longer serves the program and is in need of operational efficiency improvements.

ANALYSIS:

The current kitchen configuration is outdated and inefficient, originally designed for much lower meal volumes. It lacks the space, modern equipment, and functional layout needed to safely support increased meal production. Many appliances date back to the 1980s, are undersized, and require frequent repairs. Tight workspaces, loose floor tiles, and unreliable aging equipment create safety hazards and workflow bottlenecks. Pilot lights on the stove and oven frequently go out, and the industrial dishwasher often breaks down. Sinks and drains are slow or back up, and garbage disposals are unreliable, making it difficult for the kitchen to keep up with demand.

The City issued a request for proposals (RFP) for ACC Kitchen Remodel Design services that was posted on the City’s website. Staff held a mandatory pre-proposal walk-through meeting at the ACC on October 9, 2025 to discuss facility inefficiencies and operational improvement opportunities. The City received proposals from three firms including RPR Architects, Object Projects, LLP, and Goring & Straja. Staff conducted in-person interviews with all three firms.

After the interview and review of the written proposals, the staff selection committee ranked Goring & Straja as the top candidate. Their recommendation is based on their competitive costs, demonstrated expertise, similar project experience, integrated team of experts, approach to the scope of work, and fit for the community. The project team at Goring & Straja is knowledgeable and recommended to complete the kitchen design. A copy of the proposal submitted by Goring & Straja is included as Attachment 2.

Design services will include the following tasks:

Task 1: Site inspection, evaluation and planning
Task 2: Preparation of construction documents
Task 3: Assisting with project bidding

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Task 4: Construction administration

If authorized by the City Council, the kitchen design will kick-off and is anticipated to take approximately 9-12 months to complete.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution appropriating an additional $23,900 in FY 2025-26 from the General Capital Fund Unassigned Fund Balance (Fund 0025) to Project C2515; authorizing the execution of an agreement for architectural services with Goring & Straja for the ACC Kitchen Remodel Design Project C2515 in the amount of $186,569; and authorizing an expenditure of contingency of $37,331, for a total contract amount not to exceed $223,900; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Amy Newby, Parks & Recreation Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Goring & Straja Proposal

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROPRIATING AN ADDITIONAL $23,900 IN FISCAL YEAR 2025-26 FROM THE GENERAL CAPITAL FUND UNASSIGNED FUND BALANCE (FUND 0025) TO PROJECT C2515; AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ARCHITECTURAL

SERVICES WITH GORING & STRAJA ARCHITECTS FOR THE ADULT COMMUNITY CENTER KITCHEN REMODEL DESIGN PROJECT C2515 IN THE AMOUNT OF $186,569; AND AUTHORIZING AN EXPENDITURE OF CONTINGENCY OF $37,331, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $223,900.

WHEREAS, the Adult Community Center (ACC) was built in 1982 and serves as a community hub for senior programming, averaging over 125 daily participants and over 1,000 active members who participate in classes, programs, presentations, special events, day trips, and the lunch program; and

WHEREAS, in 2016, the ACC was renovated to meet current needs and trends in senior programming and convert inactive spaces to be more active; the only improvements to the kitchen were a new walk-in refrigerator and oven to enhance the lunch program; and

WHEREAS, for many years, the lunch program was a cafeteria-style, individual order model; however, during the pandemic, staff modified the program model to be a single entrée option with curbside pickup and delivery for homebound seniors, resulting in a five-fold increase in the number of meals served; and

WHEREAS, originally designed for much lower lunch volumes, the current kitchen configuration is outdated and inefficient and lacks open space, modern equipment, and a functional layout needed to safely support increased lunch production; and

WHEREAS, to enhance the lunch program operations and efficiencies, the City Council appropriated $200,000 from the General Capital Fund 0025 to Project C2515 to complete the design of a kitchen remodel at the ACC; and

WHEREAS, an additional $23,900 from the General Fund unassigned fund balance is requested to complete the design and cover a portion of the project contingency budget; and WHEREAS, there are sufficient funds available in Fund 25 to cover this request; and

WHEREAS, a request for proposals was posted on the City’s website and the City received three responsive proposals; and

WHEREAS, staff reviewed the proposals and conducted an in-person interview with all three responsive firms and recommends Goring & Straja as the top candidate based on their competitive costs, demonstrated expertise, similar project experience, integrated team of experts, and approach to the scope of work; and

WHEREAS, the project team at Goring & Straja knowledgeable and is therefore recommended to complete the ACC Kitchen Design process.

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NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby appropriates an additional $23,900 in FY 2025-26 from the General Capital Fund Unassigned Fund Balance (Fund 0025) to Project C2515, authorizes the execution of an agreement for architectural services with Goring & Straja for the ACC Kitchen Remodel Design Project C2515 in the amount of $186,569, and authorizes an expenditure of contingency of $37,331, for a total contract amount not to exceed $223,900.
* * * * *
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 12th day of January 2026, 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:

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RFP – ACC COMMERCIAL KITCHEN RENOVATION

CITY OF SAN CARLOS

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T able of Contents
Consultant Profile
Applicable Experience
Staff Qualifications and Experience
Implementation and Timeline Proposal
References
Modifications to the Scope of Work
Fee Proposal
Attachment A: Acknowledgement of City’s Standard Professional Agreement Attachment B: Levine Act Disclosure
BOYS & GIRLS CLUB OF ST. HELENA AND CALISTOGA
A Gould Evans Project, Douglas Thornley Principal in Charge

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CONSUL TANT PROFILEPORTOLA VALLEY TOWN CENTER

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WOODSIDE PRIORY SCHOOL

APPLICABLE EXPERIENCE

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PROJECT 1: Woodside Priory School Dining Hall
Project Type: Institutional/ Renovation Services Provided: Executive Architect Project Size: 7,751 sq.ft. Client/ Stakeholder: Woodside Priory School Description:

After successful completion of The Benediction Classroom Buildings (2015) and The Laurel STREAM Center (2018), Goring & Straja Architects was hired for the third time, by the Woodside Priory School, to modernize their aging Dining Hall Facility.

The Dining Hall is located on the second ﬂoor of the Student Center building, a timber and masonry construction building that was originally built in the 1950s. The scope of work includes expansion of the main dining hall, kitchen upgrade, new accessible multiple accommodation restrooms, as well as seismic retroﬁt.

PROJECT 2: Healdsburg Multicultural Community Center
Project Type: Civic / Renovation Services Provided: Executive Architect Project Size: 25,000 sq.ft. Client: Healthcare Foundation of Northern Sonoma County Description:

The Healdsburg Multicultural Center was conceived to create an inclusive, multicultural community space. Goring & Straja Architects, in partnership with Carducci Associates,
collaborated with local stakeholders to develop a master plan and site study through a community-led process.

Through surveys, listening sessions, and design workshops, 129 residents contributed their perspectives, which informed ten “Design Mandates” guiding the center’s development. The design team built on this input, conducting two Visioning Workshops and reviewing OTM’s “Architect Design
Suggestions Report” to translate community priorities into architectural solutions.

The resulting master plan emphasizes inclusivity,
multigenerational activity, sustainability, communal dining, outdoor kitchens, connections to nature, native and
ethnobotanical plants, music, gathering and quiet areas, ﬂexibility for events, color and vibrancy, indoor/outdoor relationships, and a rustic or traditional architectural style rather than modern.

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PROJECT 3: Harbour-8 Hall
Project Type: Civic / New Construction Services Provided: Executive Architect Project Size: 3,356 sq.ft. Client/ Stakeholder: City of Richmond & Pogo Park Description:

Owned by the City of Richmond and managed by the Pogo
Park team (a local nonproﬁt organization), Harbour 8 Hall is a new community center in one of America’s toughest inner-city neighborhoods, Richmond’s “Iron Triangle”. The project
creates a safe, welcoming, and vibrant space where people of all ages can play, connect, and gather as a community.

The design team collaborated closely with the city, Pogo Park team and local residents, and ensured the design reﬂected the priorities of the neighborhood via a hands-on, participatory approach.

Harbour-8 Hall also achieved LEED Silver Certiﬁcation,
demonstrating a commitment to sustainability and long-term community beneﬁt.

PROJECT 4: UC Berkeley Foothill Student Housing Servery Renovation Project Type: Institutional/ Renovation Services Provided: Executive Architect (Under Construction)
Project Size: 4,389 sq.ft. Client: University of California Berkeley Description:

The UC Berkeley Foothill Servery renovation creates a bright, contemporary space that enhances functionality and elevates the dining experience.

The expanded entry introduces natural light into the servery, creating a brighter and more open atmosphere that improves both visibility and ﬂow. The color palette is designed to complement the existing dining hall, while a new wood column at the entry reference the original structure with a sleeker, modern ﬁnish. Within the existing footprint, the design team managed to incorporate an allergen station with dedicated cooking and storage areas, promoting inclusivity for diners with dietary restrictions. The renovation also includes the replacement of the outdated walk-in cooler and freezer to improve operational eﬃciency and storage capacity.

Balancing modern design, practical upgrades, and a warm sense of continuity, the project creates a servery that supports the evolving needs of UC Berkeley’s student community.

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PROJECT 5: Marin County Park Improvement at HVCA Pool Renovation and McNears Residence Project Type: Civic / Renovation Services Provided: Executive Architect Project Size: HVAC pool renovation 4,000 sq.ft & McNears Residence 1,492 sq.ft.

Client: Marin County Department of Parks and Open Space Description:

The Homestead Valley Community Center is owned by the
County of Marin and leased to the Homestead Valley
Community Association. The County partnered with HVCA in soliciting the Goring & Straja design team to renovate their aging Community Center building & pool facility, which serves roughly 1,000 households within a small neighborhood.

The Center is comprised of a community hall, library/
classroom, a kitchen, an oﬃce and manager’s residence. The outdoor amenities include a swimming pool, changing rooms, large deck and patio, and a grassy outdoor gathering area.

The project involved remodeling and expanding the existing Community Center, voluntary seismic upgrades, improvements to site accessibility, and improvements to pool facilities (bathroom/ changing room/ drainage system etc).

The McNears Residence is a renovation project of an existing home operated by the Marin County Parks district, located on the slopes of McNears Beach Park in San Rafael. The building has been through a handful of remodels and has become
vacant and in need of renovation and accessible upgrades.

With expansive views overlooking the North Bay, Marin County Parks plans to utilize the residence to house seasonal workers at the park. The scope of work includes completely replacing the kitchen, improving accessibility throughout, adjusting an existing restroom to include a new accessible shower, and signiﬁcant structural improvements to the foundations beneath the residence and deck.

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PROJECT 6: Goodnight’s Prime Steak + Spirits
Project Type: Hospitality Services Provided: Executive Architect Project Size: 3,205 sq.ft. Client/ Stakeholder: Glacier Restaurant Group Description:

Nestled in historic Healdsburg Plaza, Goodnight’s converts an old tasting room into a new Western-style steakhouse and bar.

The project re-purposes the existing building envelope and brick facade. A new roof provides space for a mezzanine dining area and outdoor terrace. A large skylight and glass elevator provide ample access to natural daylight in the challenging inﬁll site. The 3,205 Sq. Ft. project encompasses a dining area, bar, demonstration kitchen, scullery, and back prep.

Our team worked with a Montana based interior design ﬁrm to pay homage to the restaurant’s namesake & our client’s great grandfather, Charles Goodnight, while upholding the reﬁned feel of Healdsburg Plaza. Wood and metal ﬁnishes and cattle ranching motifs recall Charles Goodnight’s trailblazing days as a Texas Ranger. Stained white oak slats are backed with acoustic insulation to provide the perfect ambient dining experience.

PROJECT 7: Boys & Girls Club of St Helena and Calistoga Project Type: Civic/ Renovation Services Provided: Executive Architect Project Size: 14,500 sq.ft. Client: Boys & Girls Club of St. Helena and Calistoga Description:

The Boys & Girls Club renovation project expands capacity for youth and families while providing ﬂexible spaces for diverse programming. The City of Calistoga Parks and Recreation Department and other community groups use the facility
during non-club hours, reinforcing its role as a civic hub.

The one-story building features an indoor–outdoor dining room, a full commercial kitchen - serving full meals or healthy snacks daily - and a learning center. Its exterior is clad in öko skin, a glass ﬁber–reinforced concrete that evokes the warmth of wood with minimal maintenance. Inside, durable ﬁnishes, replaceable carpet tiles, polished concrete ﬂoors, and solar shades create a resilient and contemporary environment.

Generous windows connect the interiors to the natural beauty of Napa Valley, provide abundant daylight and highlight preserved trees on-site. ‘We had an arborist, archaeologist and a tribal representative come to the site to help us preserve what is there,' Bouilerce said. 'Our goal is to create a happy, warm and welcoming place where young people will want to come.'

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PROJECT 8: North Tahoe Event Center
Project Type: Civic / Renovation Services Provided: Executive Architect Project Size: 16,438 sq.ft. Client: North Tahoe Public Utility District Description:

Goring & Straja Architects was commissioned by the North Tahoe Public Utilities District to explore strategies that position the North Tahoe Event Center facility to both continue serving the community and best leverage its location to enhance revenue and public amenity. An ambitious improvement
approach proposes to signiﬁcantly increase the capacity of the lakeside special event space. In addition to expanding capacity within the existing footprint, the proposal completely re-imagines the appearance of the building to more
appropriately address its lake-side site, providing a ﬁtting, welcoming lodge-like space for revenue generating special events.

This project demonstrates Goring & Straja’s capabilities in architectural design, facility assessment, schematic planning, and preparation of design concepts that balance community needs, accessibility, and long-term operational goals.

PROJECT 9: Pillar Point Harbor Retail Center
Project Type: Recreational Mixed-Use Services Provided: Conceptual Design and Site Planning Project Size: 18,997 sq.ft. Client: San Mateo County Harbor District Description:

This project at the heart of Pillar Point Harbor addresses long- overdue maintenance, safety and accessibility issues with a reinvigorated retail center to better meet the needs of the community and their harbor. Our team led a months-long process of community engagement workshops, harbor district meetings and even one-on-one interviews with stakeholders and authority having jurisdictions to ensure that all voices were heard and considered as design developed.

Previously lost in a sea of parking spaces, the project positions the new building closer to the harbor, connecting circulation to waterfront pathways on one side and creating a more
accessible turnaround on the other.

The material pallet and the exposed eave framing and
guardrails along the second ﬂoor and exterior stair recall the rustic, practical roots of the ﬁshing town, while the reﬁned forms refresh the area that draws many travelers along
Highway 1. The increased footprint provides much-needed breathing room for the beloved restaurant and surf shop as well as the harbor’s administrative oﬃces.

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PROJECT 10: St. Stephen's Episcopal Church Belvedere
Project Type: Religious / Renovation Services Provided: Executive Architect Project Size: 12,500 sq.ft. Client: St. Stephen's Episcopal Church Description:

St. Stephen’s retained Goring & Straja Architects to develop a master plan addressing necessary improvements to the aging facility and an expansion, including a new Parish Hall, commercial kitchen, and oﬃce spaces, to support a growing staﬀ and religious education program.

Working closely with church and community groups, the
renovation reconﬁgures the Parish Hall to open seamlessly to a landscaped courtyard and the existing Sanctuary. The new structure, clad in wood siding with an exposed timber frame, conveys a playful, open dynamism that contrasts respectfully with the solid, monumental concrete of the Sanctuary. Inside, the hall features blond wood ﬂoors, warm softwood walls, and a gently curved timber ceiling, creating a ﬂexible, airy interior for gatherings, events, and programs. A full-size commercial kitchen enhances functionality for weddings, parish
celebrations, and educational events, while the courtyard provides an inviting, semi-private setting for both formal and informal gatherings.

Staﬀ spaces are consolidated on a new upper ﬂoor, improving workﬂow and coordination for church operations and religious education. Overall, the project balances modern, ﬂexible spaces with a sensitive dialogue with the historic Sanctuary, oﬀering a welcoming environment for worship, learning, and community life.

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Designing Today with Tomorrow in Mind

List Engineering Company

Representative Projects

Harbour 8 Hall, Pogo Park, Richmond
A new, single story, 2,400 sq. ft. Community Center including offices, toilets, a kitchen, and commons. List Engineering provided Mechanical and Plumbing Construction Documents, LEED, and Construction Support.

Reference: Mr. Douglas Thornley, AIA
Goring & Straja Architects
729 Heinz Avenue, Ste. 1
Berkeley, CA 94710
510.848.0895
[email protected]

Cooper Molera Adobe Renovation, Monterey
Renovation of a historic, multi-structure complex, including a barn with a catering kitchen, corner store with food service, addition of a warehouse restaurant, and new toilet and kitchen buildings. List Engineering provided Mechanical and Plumbing Construction Documents and Construction Support, including working with the City of Monterey through the permit process.

Reference: Ms. Naomi Miroglio, FAIA, Principal
Architecture Resources Group
Pier 9, The Embarcadero, Suite 107
San Francisco, CA 94111
415.421.1680
[email protected]

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Designing Today with Tomorrow in Mind

East Bay Provisions Cafe at the Claremont Club & Spa, Berkeley A new dining space in a historic hotel. List Engineering provided Mechanical and Plumbing Construction Documents for the restaurant space, ensuring that the hotel could remain operational and accommodate guest requirements during the construction process.

Reference: Mr. Rod Heisler
RHC Construction and Management
1853 MacArthur Boulevard, Ste. E
Oakland, CA 94602
415.741.3535
[email protected]

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Kitchen Similar Projects
Davis Intermediate School Kitchen Renovations, San Jose, CA Remodel of existing kitchen and servery, coordination with food consultant, new power and lighting design, extension of existing electrical service and distribution, extension of existing fire alarm and telephone/data systems and design.

Client: Finney Architects
Mark Finney
408-879-0600
[email protected]
Redwood Middle School Kitchen Renovations, Saratoga, CA Remodel of existing kitchen servery, power and lighting design, extension of existing distribution for HVAC and Plumbing connections, extension of existing fire alarm and telephone/data systems and design.

Client: Finney Architects
Mark Finney
408-879-0600
[email protected]
(4) High School Kitchen Remodels: Del Mar/Brahnam/Westmont and Leigh HS Kitchens Remodel (Campbell Union High School District), San Jose, CA Remodel of existing kitchens and servery, coordination with food consultant, new power and lighting design, extension of existing electrical service and distribution, extension of existing fire alarm and telephone/data systems and design. Camera additions and temp generator connections for cold storage equipment.

Client: Finney Architects
Mark Finney
408-879-0600
[email protected]
Alpine Hills Tennis and Swim Club Kitchen, Portola Valley, CA New Building with renovations to kitchen with all new equipment, bar and dining. coordination with food consultant, new power and lighting design, extension of existing electrical service and distribution, extension of existing fire alarm and telephone/data systems and design.

Client: HGHB Architecture Planning
Matt Lightner, AIA, NCARB
831-375-9594
[email protected]

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Murphy Burr Curry, Inc. | 85 Second Street, Suite 501, San Francisco, CA 94105 | 415.546.0431 | www.mbcse.com Dandelion Chocolate Factory
Murphy Burr Curry, Inc. provided the structural design for the building shell and tenant improvements for the Dandelion Chocolate Factory at 298 Alabama Street in San Francisco.

The scope of work for this project included seismic improvements to the base structure, a new mezzanine for the reﬁ ning room, and a feature stair. The design team collaborated and determined that strategically exposing some of the structural elements was a cost-effective solution that also delivered the client’s desired aesthetic.

San Francisco, CA
Dandelion Choclate Real Estate, LLC
Mark Horton Architecture
Location
Client
Architect

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Murphy Burr Curry, Inc. | 85 Second Street, Suite 501, San Francisco, CA 94105 | 415.546.0431 | www.mbcse.com Bay Street - Food Terrace
MBC partnered with Gensler to transform the second-ﬂ oor area, nicknamed Restaurant Row, at Bay Street Emeryville into a modern food hall. With the center under new ownership, and this prime area beside the movie theater largely vacant, the design directive was clear: make the space more inviting and better connected to the main mall level below while bringing the core and shell up to current standards.

A bridge over the existing stairway was removed to allow uninterrupted sight lines to the level above. Structurally, this bridge removal and subsequent adjacent reframing required special consideration and detailing as it was immediately adjacent to a seismic joint. Tenant spaces were also extended forward into the walkway, with new fully operable glass partitions that could be opened to bring the outside in.

A new glass windscreen was added to the terrace to block strong winds coming off the San Francisco Bay while still allowing diners to enjoy the view. Large suspended heaters were also added for diner comfort and provisions for modern signage bands ﬁ nished out this revitalized space.

Emeryville, CA
CenterCal Properties, LLC
Gensler
Location
Owner
Architect

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STAFF QUALIFICATIONS AND EXPERIENCEGOODNIGHT’S PRIME STEAK + SPIRITS

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GORING &STRAJA ARCHITECTS, PC
Staff Quality Assurance

Goring & Straja Architects is a skillful 8 person team. The structure of our organization ensures that projects are well covered by our team with constant and direct involvement from our principal(s). Our eight person office is knowledgable about all the firm’s projects which enables us to seamlessly apply more energy and effort into a project when needed, resulting in productivity levels comparable with a larger firm. Our sister office of 30 designers and architects in Milan Italy is available to provide backup staffing when required.

The firm reputation for producing great work with public and private entities precedes us, we have enjoyed a number of projects from return clients and referrals.

GORING&STRAJA ARCHITECTS ACC Commercial Kitchen Renovation City of San Carlos – Staffing

STRUCTURAL

ENGINEER

MECHANICAL

ENGINEER

ELECTRICAL

ENGINEER
CASp

CONSULTANT
COST

ESTIMATOR

FOOD SERVICE

CONSULTANT
Murphy Burr
Curry, Inc.

LIST Engineers Aurum
ConsulDng
Engineers
Cal
Accessibility
Bibby LLC Edward Don &
Company
Steve Curry Ron Blue Najib Anwary Bassam Altwal Douglas Bibby Marvel Gray San Francisco, CASan Francisco, CASan Jose, CASan Francisco, CABerkeley, CA Costa Mesa, CA

CITY OF SAN CARLOS
ARCHITECT + CORE TEAM
Goring & Straja Architects
James A. Goring, AIA, Principal-in-Charge
Douglas Thornley, AIA, Collaborating Principal
Dairan Xu, Project Manager

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GORING&STRAJA ARCHITECTS ACC Commercial Kitchen Renovation City of San Carlos – Staffing
PRINCIPAL, Licensed Architect, CA, License #C19278JAMES A. GORING, AIA, NCARB Education:

M.Arch, University of California, Berkeley, 1985
B. Arch, University of California, Berkeley,
1981Summa Cum Laude
Experience:

Goring & Straja Architects, Principal 1995-present
William Turnbull Associates, Associate 1987-1995
Fern &Hartman Architects, 1985-1997
Skimore Owings & Merril, 1981-1983
Jim will be the Principal in Charge for projects for the City of San Carlos. As such he will attend all client meetings, and work closely with our project manager on all work
pertaining to projects for the City of San Carlos.

Jim brings extensive knowledge from his experiences
working with public entities including but not limited to Marin County Parks, San Mateo Harbor District, North
Tahoe Public Utility District, University of California Berkeley, University of California Santa Cruz, Northeastern University and others.

PRINCIPAL, Licensed Architect, CA , License #C20018DOUGLAS THORNLEY, AIA, NCARB Education:

M. S. in Architecture and Urban Design, Columbia
University 1984
Post-Graduate Theoretical Studies,
Royal Academy of Fine Arts, Copenhagen,
Denmark 1983
B. Arch, California Polytechnic State University 1982
Experience:

Goring & Straja Architects, Principal, 2020-Present
Gould Evans, Principal, 2012-2020
Gould Evans | Baum Thornley, Principal, 2008-2012
Baum | Thornley Architects, Co-Founder, 1995-2008
Kuth Ranieri Architects, Senior Architect/Project
Manager, 1991-1994
William Turnbull Associates, Associate, 1987-1991
Douglas will act as Supporting/Collaborating Principal. This role provides our clients with the benefit of two principal architects expertise umbrellaed under one project. He will advise the project as needed, and also provide Quality
Control and budget review.

He brings invaluable experience with meeting DSA
standards and codes, as well as ADA compliance standards through his work on American River College STEM Building and University of California Berkeley’s Memorial Stadium University Club. Douglas’s public agency work also includes projects for POGO Park and the City of Richmond, Laney
College, Oakland Baller’s Raimondi Field to name a few.

DAIRAN XU, LEED AP® BD+C PROJECT MANAGER, Licensed Architect, CA, License #C40158 Education:

M. Arch, University of California Berkeley, 2015
B. Arch, Zhejiang University, 2014
Experience:

Goring & Straja Architects, 2015 - Present
Dairan will be our Project Architect for projects with the City of San Carlos. As such she will bring her deep attention to detail, exceptional design skills, and considerable experience working with public agencies on projects of varying scale and from programming through construction close out phases of work.

Most recently she has lead our efforts on the Harbour 8 Hall Community Center, and at UC Berkeley the University Club accessibility improvements, Foothill Building 4 Servery Renovation, and the Valley Life Sciences Building Classroom Renovation.

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Murphy Burr Curry, Inc. (MBC) stands as
a premier ﬁ rm for comprehensive structural
engineering consultation services.

Founded in 1997 in San Francisco, our seasoned team collaborates closely with diverse clients, including owners, architects, developers, and contractors, to provide distinctive solutions for both the structural design and construction of new buildings, including modular design, and the rehabilitation/retroﬁ t of historic structures. Additionally, we offer comprehensive consulting services, encompassing due diligence and evaluations of existing structures. MBC is a registered LBE with the City and County of San Francisco and a Certiﬁ ed Small Business with the state of California.

The intrinsic value of MBC’s client-ﬁ rst approach and commitment to each project is continually reﬂ ected in the fact that most of our workload is based on referrals and repeat business. We are committed to crafting innovative, ﬁ tting, and cost- effective design solutions that not only meet but exceed client expectations.

Our portfolio includes the development or expansion of high-end retail and commercial spaces, residential structures, medical facilities, academic institutions, and, notably, the renovation and/or retroﬁ t of various historic buildings of all sizes, largely inﬂ uenced by our San Francisco location.

In recognition of our outstanding services in the last decade, we have garnered numerous prestigious awards, such as:
• 2025 AIA Honor Award (Blue Oak Landing)
• 2024 National Association of Home Builders Silver Award for the Best 55+ Apartment or Independent Living Community (Laurel at Perennial Park) • 2023 Green Architecture Award and the 2022 Architecture Masterprize for Renovation & Restoration (Hamlin School)
• 2023 AIA COTE Top 10 Award and the 2022 AIA National Education Facility Design Award (Nueva School)
• 2021 Preservation Design Award for Rehabilitation (Hotel Tioga) • 2018 SEAONC Excellence in Structural Engineering Award of Merit (Skybridge at Market Square)
Years of Serving
the Bay Area
and Beyond27 25 +
Award
Winning
Projects
85 Second Street, Suite 501, San Francisco, CA 94105 | 415.546.0431 | www.mbcse.com

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85 Second Street, Suite 501, San Francisco, CA 94105 | 415.546.0431 | www.mbcse.com Professional Experience
1997 – Present | Murphy Burr Curry, Inc.,
San Francisco, CA
1983 – 1997 | Culley Associates, Inc.,
San Francisco, CA
Registrations
Registered Structural Engineer California
S3364
Registered Civil Engineer
California C40623
Safety Assessment Program (SAP) 10969
Afﬁ liations
Board Member, Architectural Foundation
of San Francisco
Structural Engineers Association of
Northern California (SEAONC)
Steve Curry is a registered California Structural Engineer with nearly 40 years of practice working in the San Francisco Bay Area and beyond. His porfolio includes schools, historic buildings, and various housing projects (modular, affordable, student, and senior). Steve leverages his experience to continually provide clients with design solutions that are both sustainable and cost-effective.

Steve Curry
VICE PRESIDENT | [email protected] | 415.669.5322
Recent/Relevant Experience
• RETAIL/HOSPITALITY
• SLO Hotel, Presidio, San Luis Obispo, CA
• Gucci , San Francisco, CA
• YMCA , Bay Area locations
• Neiman Marcus , Walnut Creek, CA
• Hermes , San Francisco, and Beverly Hills, CA
• DeBeers , San Francisco, CA
• Chanel , San Francisco, CA
• Prada , San Francisco, Chicago, New York, Beverly Hills, Las Vegas, NV • Miu Miu , Beverly Hills, Los Angeles, CA
• HOUSING
• Sunnydale Hope, Block 6 Housing , Sunnydale, San Francisco, CA • Potrero Block X, 110 Connecticut Street, San Francisco, CA • McArthur BART Transit Village , Oakland, CA
• The Union , Oakland, CA
• Blue Oak Landing , Vallejo, CA
• 2121 Wood Street , Oakland, CA
• Park Haven Plaza , Soquel, CA
• SCHOOLS
• Petaluma High School, Petaluma, CA,
• Waldorf School, San Francisco, CA
• Wells Middle School , Dublin, CA
• Drake High School, Larkspur, CA
• Woodbridge Elementary School , Woodbridge, CA
• Blacow Elementary School , FUSD
• Frement Elementary School , FUSD
• Durham Elementary School , FUSD
• Brown’s Valley, Alta Heights Elementary Schools, Napa Valley, CA BS, Architectural Engineering | California
Polytechnic State University, San Luis
Obispo, CA
Education

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EXPERIENCE
2008 - Present
Aurum Consulting Engineers • Monterey, California Electrical Engineer
Electrical design/coordination of construction documents.

RESUMÉ
Najib’s Engineering and Project Management capabilities include design of power, lighting, fire alarm and electrical systems and project management for new construction and remodel/renovation of hospital/medical (HCAI approved), educational, commercial, industrial, government, residential projects as well as numerous parks and recreation facilities.

He is thoroughly familiar with DSA (Division of the State Architects) requirements and has a proven record of
approved projects. Najib has also provided electrical
engineering services for design-build contractors and has provided electrical inspection for design-build government projects. He is the in-house LEED and alternative energy expert.

ACEMB.COM • 831.646.3330
404 W FRANKLIN ST, SUITE 100
MONTEREY, CALIFORNIA 93940
Najib
Anwary, P.E.

NICET II
LEED AP (BD+C)

ELECTRICAL ENGINEER

PRINCIPAL

EDUCATION
2003
University of the Pacific
Bachelor of Science
Electrical Engineering

DESIGNATIONS
Registered Professional
Engineer in California
Electrical Engineer E21043

CERTIFICATIONS
LEED AP in BD & C

ASSOCIATIONS
National Society of Professional
Engineers (NSPE)
Institute of Electrical and
Electronic Engineers (IEEE)
U.S. Green Building Council
(USGBC)

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EXPERIENCE
2004 – Present
Aurum Consulting Engineers • Monterey, California Electrical Engineer Principal
Responsible for electrical design and coordination of
construction documents.

RESUMÉ
Eldridge’s Engineering and Project Management capabilities include over twenty years of Consulting Electrical Engineering involving power, l i g h t i n g , fire alarm and electrical systems design and project management for new construction a n d remodel/renovation o f hospital/medical, educational,
commercial, industrial, government a n d residential projects.

He is thoroughly familiar with the latest California Department of Healthcare Access and Information (HCAi) procedures and regulations which govern medical facility projects and Division of State Architects (DSA) for educational projects. Eldridge has also provided electrical engineering services for design-build contractors and has provided electrical inspection for design- build government projects.

ACEMB.COM • 831.646.3330
404 W. FRANKLIN ST., SUITE 100
MONTEREY, CALIFORNIA 93940
Eldridge
O. Bell, P.E.

ELECTRICAL ENGINEER

PRINCIPAL

EDUCATION
2003
University of the Pacific Bachelor
of Science
Electrical Engineering

DESIGNATIONS
Registered Professional
Engineer in California
Electrical Engineer E17789

ASSOCIATIONS
National Society of Professional
Engineers (NSPE)
American Council of Engineering
Companies (ACEC)
Institute of Electrical and
Electronic Engineers (IEEE)
U.S. Green Building Council
(USGBC)

SOFTWARE
AutoCAD
REVIT
ETAP
Bluebeam REVU

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Cal Accessibility
Bassam Altwal
Assoc. AIA, CASp #109

Bassam Altwal holds a Master’s degree in Architecture from the University of Venice, Italy. He is an accomplished
Architectural Designer, Project Manager, and Certified Access Specialist (CASp) with over 30 years of architectural
experience, including more than 20 years in the United States and over 12 years dedicated exclusively to accessibility compliance.

He has developed and delivered numerous seminars and
workshops on accessibility and is frequently invited to provide training for organizations such as the City of San Francisco, the Bar Association of San Francisco, Contra Costa County Bar, Santa Clara County Bar, and the California State Bar. Bassam is also a founding member of the Certified Access Specialist Institute (CASI).

Recognized as a code-driven and solution-oriented
professional, Bassam combines expertise in architectural design, accessibility, and project management to deliver efficient, cost-effective, and flexible solutions to complex compliance issues. His expertise is sought after by law firms on both sides of litigation for complaint resolution and lawsuits, and he has served as an expert witness in court as well as a technical expert in mediations.

With broad knowledge across all disciplines involved in architectural and ADA projects, Bassam’s greatest strength lies in problem-solving and foresight—identifying and addressing potential challenges early to improve project outcomes. This cross-disciplinary perspective consistently enhances the quality of his work.

77 Van Ness Ave # 101
MS 1515 - San Francisco CA
94102
T 415 - 310 - 3010
[email protected]
m
www calaccessibility com

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Professional Highlights – Bassam Altwal
Media & Advisory Roles
x Featured guest three times on the legal radio show Your Legal Rights, hosted by San Mateo Deputy District Attorney Chuck Finney.
x Contributed to the City of San Francisco’s ADA Design Guidance for Historical Buildings as part of the city’s advisory committee.
x Served in an advisory role with the California Commission on Disability Access (CCDA) and continues to contribute as a member of the Education & Outreach Committee. x Founding member of CASI – Certified Access Specialist Institute. x Former Chairman and member of the City of Clayton Planning Commission. x Active volunteer with the Contra Costa Sheriff Search and Rescue (SAR) team.

Professional Expertise & Practice
x Vice President of Architecture at Designers Collective Inc., and later Principal of Cal Accessibility.
x Developed a comprehensive ADA survey checklist and conducted compliance audits and surveys for over 10 million square feet across multiple occupancy categories (Title II & Title III).
x Designed and project-managed retrofit improvements for public, commercial, and institutional facilities.
x Lead consultant for accessibility compliance on high-profile projects, including:
o City of San Francisco Office of Small Business: 200+ ADA audits for neighborhood businesses.
o SMART Rail (Marin County): ADA consultant for stations and facilities. o Marin County Office of Accessibility: current ADA expert. o Marin General Hospital: ongoing ADA consultant for over 10 years.

Legal Expertise
Bassam’s expertise is regularly retained by law firms on both plaintiff and defense sides of accessibility-related litigation. He has served as an expert witness in federal and state courts, as well as a technical expert in mediations.

Representative Law Firms (partial list):
x Erskine & Tulley, PC
x Overstreet & Associates
x Wilson Elser Moskowitz Edelman & Dicker LLP

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x Fisher & Phillips LLP
x Jackson Lewis P.C.
x Perkins Coie
x Hunton Andrews Kurth LLP
x Gordon Rees Scully Mansukhani (GRSM50)
(and many others – full list available upon request)
Representative ADA Cases (partial list):

Bassam has served as an expert witness and consultant in numerous accessibility cases across California and federal courts. His balanced practice includes both plaintiff-side and defense-side representation.

Plaintiff Cases (Sample):
x Debra Volle v. Thuy Nguyen, et al. – US District Court, Northern District of California x Shelby Gail Heifetz v. Gregory Village Partners, L.P. – US District Court, Northern District of California
x Guadagnini v. San Mateo County Transit District – US District Court, Northern District of California
x Richard Johnson v. 7-Eleven, Inc. – US District Court, Northern District of California x Eric Rojas v. Taco Bravo, Inc. – US District Court, Northern District of California x Judy Kucera v. Steven Richard Becerra, et al. – US District Court, Northern District of California
x Orlando Garcia v. JBM & K Silver, et al. – California Superior Court, San Francisco x Rodgers v. Chevys Restaurants, Inc. – US District Court, Northern District of California Defense Cases (Sample):
x Whitaker v. Ben Bridge Jeweler, Inc. – US District Court, Northern District of California x Scott Johnson v. Mo’s TBJ Campbell LP, et al. – US District Court, Northern District of California
x Moralez v. Christophe Gregoriante, et al. – US District Court, Northern District of California x Whitaker v. Van Ness Pizzeria – US District Court, Northern District of California x S. Johnson v. Los Tacos Locos, LLC, et al. – US District Court, Northern District of California x Whitaker v. King Noodle – US District Court, Northern District of California x Whitaker v. Café de Casa – US District Court, Northern District of California x S. Johnson v. Silicon Valley Auto Body & Hurwicz – US District Court, Northern District of California
x Whitaker v. Rolling Pin Donuts – US District Court, Northern District of California

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x S. Johnson v. V & Victoria, LLC, et al. – US District Court, Northern District of California (Over 100 additional ADA cases across plaintiff, defense, and neutral expert roles – full list available upon request.)

Seminars & Workshops
Bassam is a frequent lecturer on ADA and accessibility compliance. He has been invited to deliver 50+ seminars and workshops on behalf of:
x California Bar Association (Webinars)
x San Francisco Bar Association (3 seminars)
x Contra Costa, Santa Clara, and Napa County Bar Associations x City of San Francisco (6 seminars) & San Francisco Chamber of Commerce (2 workshops) x California Lodging Association (7 seminars)
x City of San Jose, City of San Pablo, and other municipalities x Real estate associations, universities, and professional groups

Peer Reviews & Collaborations
Bassam has provided peer review services for leading architectural firms, including:
x Gensler
x LCA Architects
x BAR Architects
x TEF Design
x Dahlin Group Architecture
x Hornberger + Worstell
x Perkins Eastman
x Ware Malcomb
(and many more)

Notable Projects (Partial List)
x Hospitality & Housing: Jamboree Housing (7 projects), Stanford Court Hotel (Nob Hill), Taj Compton Place, Marriott Pleasanton, Hilton Daly City, Residence Inn, Sheraton Sunnyvale, A Loft Hotel.
x Healthcare: UCLA Hospital Expansion, UCSF Medical Center at Mt. Zion, Marin General Hospital (Ongoing), Kaiser Permanente.

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x Corporate & Education: EA Sports Campus, Yahoo Campus, Levi’s Headquarters, College of Marin, Athenian High School.
x Civic & Transportation: Marin County Civic Center, Juvenile Hall, Jail, 911 Dispatch, SMART Rail Stations.
x Retail & Restaurants: McDonald’s (75 projects), Philz Coffee (17 locations), Equator Coffee (4 locations), Lulu’s Restaurants (5 locations), Café Gratitude (multiple locations).

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HOMESTEAD VALLEY COMMUNITY CENTER

IMPLEMENTATION AND TIMELINE

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WORK PLAN AND SCHEDULE
Based on the scope of services listed on the RFP , we have prepared a proposed work plan and project schedule broken down by phase.

TASK 1 - SITE INSPECTION, EVALUATION AND PLANNING
We will begin by reviewing relevant existing documents, including building plans, previous assessments, and testing reports, to familiarize ourselves with the space. This will be followed by a thorough site evaluation to verify information from the documents and establish a comprehensive understanding of current conditions. Our team will document any differences in architectural, structural, mechanical, electrical, plumbing, and kitchen equipment systems using field measurements, photographs, and observational assessments. Safety, code compliance, and workflow efficiency will be evaluated concurrently, and targeted supplemental testing will be performed where gaps or uncertainties arise.

Following the initial site visit, we will hold a kickoff meeting with design team staff, City representatives and the Adult Community Center (ACC) operations team to discuss project objectives, understand day-to- day operational challenges, review desired kitchen workflows, and establish priorities. We will then leverage the comprehensive information gathered to develop alternative conceptual schemes. These concepts will both address operational bottlenecks specific to ACC and incorporate proven best practices from current commercial kitchen design trends. Sketches and renderings will be used as communication tools to facilitate discussions with stakeholders and refine the design. Weekly progress check-ins with City staff will ensure ongoing stakeholder engagement and timely decision-making throughout the design process.

All findings will be synthesized into a Design T echnical Memorandum, which will include the prioritized scope of work, recommended design approach, supporting data and visuals, illustrated conceptual schemes, and an estimate of probable construction cost to inform budget planning. Drafts will be presented to City representatives for review to ensure alignment with operational goals and regulatory requirements.

Concurrently, we will develop a project timeline aimed at minimizing construction impacts on operations and discuss a potential transition plan for temporary kitchen setups during construction.

Deliverables:
- Detailed Site/Field Evaluation
- Design T echnical Memorandum
- An estimate of probable construction cost
- Updated Project Schedule

GORING & STRAJA ARCHITECTS, PC

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TASK 2 - CONSTRUCTION DOCUMENTS
(Design Development + Construction Documents + Plan Check) Design Development
During this phase, the concept design will be refined into a detailed architectural and engineering plan. Our team will finalize layouts, design elements, materials, finishes, and equipment arrangements to align with project goals, and circulation & aesthetic preferences. Mechanical, electrical, plumbing, food service and fire protection systems will be fully integrated with a focus on efficiency, sustainability, and maintainability. The design will be reviewed against applicable codes and regulations to ensure compliance, including health department regulations and building codes. A California Certified Access Specialist (CASp) will also review the 60% progress set and provide recommendations to ensure full accessibility compliance.

To g e t h e r w i t h t h e C i t y re p re s e n t a t i v e s w e w i l l c o n t i n u e t h e w e e k l y re v i e w s a n d f e e d b a c k s e s s i o n s t o e n s u re project continue to aligns with city’s visions and expectations.

A detailed Opinion of Probable Construction Cost will be prepared to check the budget decisions and identify issues and cost-saving opportunities. We will collaborate with the City to maintain the project within budget and provide Value Engineering recommendations as needed.

Deliverables:
- 60% Detailed Design Documents Progress Set
- DD Outline Specifications
- Opinion of Probable Construction Cost (OPC)
- Updated Project Schedule
Construction Documents & Plan Check
In this phase, we will continue to develop the design into detailed set of technical documents for project execution.

We will produce detailed architectural, structural, mechanical, electrical, plumbing and food service drawings that are necessary to obtain permit and competitive bids.

This phase involves a high-degree of interdisciplinary coordination to ensure that all systems are integrated seamlessly, including the input from City staff, consultants and specialists. At the beginning of the CD phase, we will meet with the Building, Fire and Environmental Health departments to confirm all assumptions. At completion of this phase, the CD drawings will be thoroughly reviewed for compliance with all relevant building codes and regulations both by in-house staff and a third party QAQC consultant. Revisions will be made as necessary to address any issues or changes that arise before submitting for permit.

Based on the 90% CD drawings and specifications, we will prepare an updated OPC to compare the current estimate with the project budget and identify any additional VE items if needed. Once all authorities having jurisdiction (AHJ) comments have been addressed and Building Permit is obtained, we will issue 100% CD, which will be the Bid Set.

Deliverables:

GORING & STRAJA ARCHITECTS, PC

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- 90% Permit-ready Construction Documents Progress Set
- Updated Opinion of Probable Construction Cost (OPC) with add alternates - Letter on firm letterhead certifying that the 90% documents have been reviewed and deemed acceptable by a California Certified Access Specialist (CASp) - 100% Bid-ready Construction Document Final Set
- Construction Specifications in Construction Standard Index (CSI) format TASK 3 - BIDDING
For public design-bid-build projects, the Bid Set will be issued after the building permit is obtained. We will actively support the City during the bidding TASK, which may include:
- Pre-qualification of contractors
- Attendance/presentation at pre-bid conferences or site walk - Coordination/management with the City for the interpretation of design documents and bidding RFI responses. When necessary, we will prepare and issue bid addenda to maintain consistency and ensure all contractors have accurate information.
- Evaluation of Contractor bids
TASK 4 - CONSTRUCTION ADMINISTRATION
Throughout construction, our team will provide ongoing design support to ensure that construction is in compliance with contract documents. We will participate in the Pre-Construction Meeting and weekly/ bi-weekly Owner- Architect-Contractor (OAC) meetings to coordinate design intent with field execution. We will review and respond to submittals and RFIs, interpret contract documents, conduct periodic site visits, document construction progress, make recommendations for contractor’s payment applications, review change orders, and review construction schedules.

T owards project completion, we will prepare and issue punch lists, confirm correction of deficiencies, and certify Substantial and Final Completion to ensure the facility is ready for occupancy and operation.

Deliverables:
- RFI and submittal review and responses
- Change order evaluation and recommendations
- Field notes
- Contractor payment application reviews
- Punch list

GORING & STRAJA ARCHITECTS, PC

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CITY OF SAN CARLOS ADUL T COMMUNITY CENTER COMMERCIAL KITCHEN RENOVATION Bellwether Project ScheduleOctober 31, 2025

GORING & STRAJA ARCHITECTS
2026 2027
Task Month DecJanFebMarAprMayJunJul AugSepOctNovDecJanFebMar Task 1: Site
Inspection,
Evaluation and
Planning
Selection/Negotiation
Contract Awarded ★
Due Diligence & Site Assessment
Review existing documents
Conduct site surveys
Project kick-off meeting ★
Design technical memorandum
Estimate of probable construction cost
City representatives review
Task 2:

Construction
Documents
Design Development
Design Development
60% Progress Set & Outline Speciﬁcations ★
Opinion of Probable Construction Cost
CASp Review
Construction Documents
Construction Documents
Speciﬁcations
90% Progress Set & Speciﬁcations ★
Opinion of Probable Construction Cost
CASp Review
QAQC Review
Respond to Plan Check Comments
100% Completion ★
Plan Check
Building Department
Fire Marshal
Environment, Health and Safety
Task 3: Design
support During
Bidding
Bidding & Negotiation
Bid Addendum
Bid Review and Negotiation
Award GC Contract ★
Task 3: Design
support During
Construction
Construction Administration
Mobilization / Pre-construction Meeting
Construction CONSTRUCTION
Close Out

D R A F T
9 weeks plan review 16 weeks2026 Winter

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WOODSIDE PRIORY SCHOOL

REFERENCES

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GORING&STRAJA ARCHITECTS ACC Commercial Kitchen Renovation City of San Carlos – References

REFERENCES
Harbour-8 Hall:

Toody Maher
510. 590. 1716
email: [email protected]
Executive Director, POGO Park
•Project Goals: To develop a Community Center in one of America’s toughest inner-city neighborhood, Richmond, California’s “Iron Triangle” that is a safe, beautiful public space for children to play and for the local community to gather. •Course of Action: The Design Team met with a core group of the Pogo Park Community Team who built a full-scale mock-up of their building with story poles. •State of Implementation: Scheduled to be completed November, 2025. •Innovation: The project received LEED Silver Certification. In addition, Scientific Art Studio, a local company, is training Pogo Park Community members to build furniture for the building and play equipment for the surrounding park.
•Additional Relevant Information: The Executive Director of Pogo Park is currently trying to raise funding to make Harbour-8 Hall a community Resiliency Center (and knowing her, she will).

Goodnight’s Prime Steak + Spirits
Tony Simmons
707. 303. 2630
email: [email protected]
Nordby Construction, Partner | President
•Project Goals: Converting an existing tasting room into a unique high-end restaurant and bar. The design aimed to restore the storefront to its original character preserving the history and local architectural character while integrating contemporary elements. •Course of Action: Work with the with staff and District input to identify program improvements and develop remodel recommendations to better take advantage of the lakeside mountain setting.
•State of Implementation: The project was completed in 2023. •Innovation: Additional square footage was added by raising the roof and adding a 750 SF mezzanine level and a 150 SF roof terrace. This provides more intimate spaces for diners and flow throughout the building. The narrow infill structure with neighboring buildings on either side did not provide much natural light, when reimagining the space the overly dark interior was addressed by adding a continuous skylight to 20% of the new roof.

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GORING&STRAJA ARCHITECTS ACC Commercial Kitchen Renovation City of San Carlos – References
North T ahoe Event Center
Nathan Chorey, P . E.
530. 553. 5424
email: [email protected]
Project Manager for North Tahoe Event Center
•Project Goals: Develop a ‘re-visioning’ plan and design to transform a drab but lakeside multi- purpose building into a more welcoming, celebratory and functional space for events that might also increase revenue to fund community uses.
•Course of Action: Work with the with staff and District input to identify program improvements and develop remodel recommendations to better take advantage of the lakeside mountain setting.
•State of Implementation: The study was completed and accepted in 2023. We are currently working with the District in the bidding process.
•Innovation: The building that had started life in the late 70s as a bowling alley had in the 80s been transformed into a community center. While retaining basic configuration and most structure and systems, the renovation will completely change the character of the building. •Additional Relevant Information: Multiple public agencies including the Tahoe Regional Planning Administration, the Start Parks District, and the North Tahoe Public Utilities Commission contributed to the development and review of the recommendations.

North Tahoe Event Center Re-Visioning Feasibility Study prepared for: North T ahoe Public Utility District April 2023 GORING & STRAJA ARCHITECTS, PC 729 Heinz Avenue, Suite 1, Berkeley, CA 94710 North T ahoe Event Center - Kings Beach, CA
Site Analysis
N Lake Blvd
N Lake Blvd
Deer St
T o T ahoe City
T o Nevada
Brook AveBear St
N
NORTH
EAST
SOUTH
WEST
NWNE
SESWPrevailing Wind from: West, West-Southwest and Southwest Summer SolsticeSunrise: 5:33 amDaylight: 14 hr 56 minSunset: 6:57 pm Sunset: 8:30 pm
Sunrise: 4:40 pm
Noon : 1:02 pmAngle : 74°HIGH IN SKYNoon : 12:52 pmAngle : 51°LOW IN SKYNoon : 11:58 pmAngle : 26°VERY LOW IN SKY Vernal/Autunal EquinoxSunrise: 6:47 amDaylight: 12 hr 9 minWinter SolsticeSunrise: 7:15 amDaylight: 9 hr 25 min PROJECT SITEDec, Jan: 28° - 42° Jul: 57° - 81° Views to the SouthViews to the South
Lake T ahoe
Kings BeachMain Entry100 pt
Woodside Priory School
Josie Castaneda
650. 851. 6130
email: [email protected]
Director of Finance and Human Resources
•Project Goals: Renovate existing dining facility
•Course of Action: Work with the with school input to identify program improvements and develop remodel the aging dining hall.
•State of Implementation: The project was completed in 2020.

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GORING&STRAJA ARCHITECTS ACC Commercial Kitchen Renovation City of San Carlos – References
Boys & Girls Club of St. Helena and Calistoga:

Gregg Bouilerce
707. 252. 2767
email: [email protected]
Executive Director, Former Director of BGC Calistoga
Trent Yaconelli
707. 963. 8944
email: [email protected]
Executive Director, BGC of St. Helena and Calistoga
•Project Goals: To develop spaces that provide a safe way to learn and grow in a fun environment. •Course of Action: The Design Team met with Board of Director members, leadership staff and a select group of stakeholders (boys and girls) to develop the ideal program for the building. •State of Implementation: The project is built and completed. •Innovation: The heart of the Clubhouse is the Game Room which is essentially a space for kids to meet, play, and study.
•Additional Relevant Information: the Grand Opening was held on Sunday, October 7th, 2017. That night the Nuns/Tubs fire broke out and disseminated much of Calistoga. The Boys & Girls Clubhouse immediately became a Resiliency Center for the community starting October 8th and remained as one for several months.

Homestead Valley Community Center
Tara McIntire
415. 521. 8059
email: [email protected]
Principal Landscape Architect, Marin County Parks
•Project Goals: Modernize, expand and remodel a modest community center to make it more welcoming, seismically sound, efficient and functional. •Course of Action: Work with the client - Marin County Parks, as well as the Homestead Valley Community Association - began with developing a feasibility study and conceptual design, budget and schedule. This was reviewed and accepted, and the project proceeded through completion.
•State of Implementation: The project was completed in 2013. •Innovation: Space, cost and materials use was minimized by using prior crawl space area to locate a new internal stair connecting the two levels which prior had been completely separate.

The iconic ’swizzle stick’ column at the entry was produced by a marine rigging manufacturer to mimic the proportions and material of a mast.
•Additional Relevant Information: In 2019 we were again retained by the client to carry out significant improvements to the Association's swimming pool, deck and related facilities.

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MODIFICATIONS TO SCOPE OF WORKGOODNIGHT’S PRIME STEAK + SPIRITS

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MODIFICATIONS TO SCOPE AND GOALS
The work scope described in Parks and Rec’s RFP is clear and thorough. As we sat to review this question, really only a few issues came to mind, and to amend the RFP’s scope, not radically change it.

Make sure to “Do No Harm”
In preliminary meetings with staff and community, we would seek to well understand the things most cherished about the facility in order to not design them out of future use. In other words - do no harm! The relationship between the existing main ball room and the kitchen was clearly designed to serve a buffet style self service dining event. Clear circulation into and out of the kitchen allows guests access to food as well as to the dish drop within the kitchen area. We understand this use was discontinued during Covid, and that when the large room is used for dining events, table service is provided for guests. So food prep for daily lunch service to be delivered off site is the primary use, and support of events, be that catered or prepared on site is the a secondary use. During the site visit it was mentioned that likely the walk through buffet space could be re- purposed. But retaining a layout that allows good staff/guest/server circulation into the dining room seems important to retain that dining room functionality. Or at the very least, make sure to gain a large community consensus if designing it out of the space.

Consider a Visioning Workshop
OK, likely the ACC will never quite have The
French Laundry’s kitchen, but hey - lets dream a
little. Its cheap (the dreaming part at least) and
brings out great ideas from all quarters that staff
& Parks & Rec deem to be part of the project
committee.

Obviously the food handling, preparation, and
cleanup functions need to operate at higher
productivity. That’s goal 1. But all things food
related are more and more also a part of social
functions. Keeping the community engaged and
facilitating health and entertainment instruction
could well become an additional use of the
space after hours or whenever it would not
impact production use.

GORING & STRAJA ARCHITECTS, PC

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Start With Simple Corrections
The free standing refrigerators within the main cooking area impact circulation, create noise and also create heat, which the existing HVAC system has been unable to consistently keep up with. Lets fix this. We anticipate coming to all initial workshops with very simple diagrams that are easy for all to grasp and invite feedback. We may address one or multiple issues in the diagram to best facilitate feedback.

How Much of That Structural Wall Can Reasonably be Removed? We expect to learn that that wall is part of the lateral load resisting system of the building, and at least part of it will survive our design efforts. And, for that matter, a rear wall behind a vent hood is best practice for safety as well as for air flow. But MAN - that French Laundry kitchen looks good with all island cooking work stations…

GORING & STRAJA ARCHITECTS, PC

DIAGRAM A

RELOCATE REFRIGERATOR

DIAGRAM D

WALK-IN COOLER & FREEZER

DIAGRAM B

SIMPLE CIRCULATION

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Understand Circulation and Kitchen Zoning
If we do not simply replace in kind and mostly in place, we will need to hear from staff and work with our food
service consultant to best understand whow major
functions relate to one another, and what general
arrangement will make the best and most productive
solution.

Work with Parks & Rec staff as possible to determine feasibility of on site temporary kitchen This is a tough one. The ACC site is congested and outdoor space is largely furnished and we expect well used. Access to bring in a mobile kitchen is also limited, so off site facilities are likely to be the most economical solution for the short term of construction. But we may be overlooking something. We would like to review this issue with city staff. Perhaps a curb-side location might even be possible.

GORING & STRAJA ARCHITECTS, PC

DIAGRAM C
FLIP ZONING +

DEMONSTRATION KITCHEN

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WOODSIDE PRIORY SCHOOL DINING HALL
A Gould Evans Project, Douglas Thornley Principal in Charge

BOYS AND GIRLS CLUB OF CALISTOGA

FEE PROPOSAL

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CITY OF SAN CARLOS ADUL T COMMUNITY CENTER COMMERCIAL KITCHEN RENOVATION Architectural & Consultant Fee Worksheet Conceptual Scope Estimate area $/sf cost GORING & STRAJA ARCHITECTS, PC Commercial Kitchen 1,100 $1,000$1,100,000 October 24, 2025
Te c h n i c a l
Memorandum/SD
60% Design
Submittal (DD)
90% Design
Submittal (CD)
Bidding/
Negotiation
Construction
Administration TOTAL
DESIGN TEAM SERVICES % of Const.% of Fee
Architect
Goring & Straja Architects $13,749 $20,493 $39,777 $3,733 $29,667 $107,419 9.77%60.45% Structural Engineering
Murphy Burr Curry $2,000 $4,000 $6,500 $0 $3,500 $16,000 1.45%9.00% Mech/Plumb/FP
LIST Engineering $4,000 $10,000 $4,000 $500 $4,000 $22,500 2.05%12.66% Food Service
Edward Don & Company $0 $0 $4,500 $0 $0 $4,500 0.41% 2.53% Electrical Engineering
Aurum $1,308 $4,360 $3,480 $0 $1,960 $11,108 1.01% 6.25% Cost Estimating
Bibby LLC $3,000 $2,000 $3,000 $0 $0 $8,000 0.73% 4.50% CASp
CAL Accessibility $0 $885 $885 $0 $0 $1,770 0.16% 0.95% 10%GaS consultant markup $1,031 $2,125 $2,237 $50 $946 $6,388 0.58% 3.42% PROFESSIONAL SERVICES FEE $25,088 $43,863 $64,379 $4,283 $40,073 $177,685 16.15%99.78% 5%Allowance for reimbursable expenses $1,254 $2,193 $3,219 $214 $2,004 $8,884 0.81% TOTAL PROPOSED FEE $26,342 $46,056 $67,597 $4,498 $42,076 $186,569 16.96% Notes:

1. These fees include an allowance for typical reimbursable expenses - reproduction, plotting, travel and overnight delivery.

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CITY OF SAN CARLOS ADUL T COMMUNITY CENTER COMMERCIAL KITCHEN RENOVATIONArchitectural Fee Worksheet GORING & STRAJA ARCHITECTS, PCOctober 24, 2025 Construction Budget $1,1 00,000 Design + Construction Documents T echnical60% Design90% DesignBidding / Construct Drawings Scale MemoSubmittalSubmittalNegotiationAdmin T otal 1 G0.1General Notes, Abbreviations, Index, Site location, etc.N/A 8 8 2 G0.2CALGreen Checklist N/A 2 2
3 G0.3CALGreen Checklist N/A 2 2
4 G0.3CALGreen Checklist N/A 2 2
2 A-1.1ACC Floor/Site Plan - Access diagrams, staging, temp facilities1/8 8 8 16 4 A-2.1Kitchen Floor Plan (Demo/Proposed) 1/4 20 20 20 60 5 A-2.2Kitchen RCP (Demo/Proposed) 1/4 8 16 24
7 A-3.1Kitchen Sections (Demo/Proposed) 1/4 8 8 8 24
10A-5.1Interior Elevations 1/4 16 16 32
11A-5.2Interior Elevations 1/4 16 16 32
13A-8.1Schedules NA 4 4 8
14A-9.1Interior Details 3" 40 40
16A-9.2Interior Details 3" 24 24
Sub T otal 28 80 166 0 0 274
General & Coordination
Create Base Drawings 24 24
T echnical Memorandum 32
Building Department / Code Coordination 8 4
Create 3D Study 24 24
Specifications / Product research 16 40 56
Vendor / Consultant Coordination 8 16 24
Pricing Coordination 16 16
QAQC 8 24 32
Permit Submittal / Respond to Plan Review Comments 16 16 Client Meetings / Notes (assumes 4 hours per meeting) 8 8 4 20 Pre-Bid Meeting 4 4
Response to Bidder's Questions / Addendum 8 8
VE / Contract Negation 8 8
Punch List / Follow-up (1 month past occupancy) 16 16
Construction Admin: 3 months @ 30% (RFI’s, Submittals, Change Orders, OAC mtg 162 162 0 Sub T otal General 64 72 120 20 178 410
T otal Hours 92 152 286 20 178 684
Average Hourly Rate $149 $135 $139 $187 $167 $155
T otal Architectural Fee $13,749$20,493$39,777$3,733$29,667$107,419 Person Months 0.48 0.80 1.51 0.11 0.94
Months for X people 2 0.24 0.40 0.75 0.05 0.47
Hourly Rate Calculations percent commitment for phase
Principal 250 10.00%10.00%17.00%5.00%10.00%
Project Manager 155 15.00%12.00%20.00%10.00%10.00%
Project Architect 200 0.00% 0.00%0.00%0.00%0.00%
Designer 95 20.00%35.00%50.00%0.00%10.00%
Drafter/Resource 65 0.00% 0.00%0.00%0.00%0.00%
staff alloted per month (check, should match line below)45.00%57.00%87.00%15.00%30.00% Staff/month budgeted 32.28%53.33%75.26%10.53%23.42%
anticipated duration of phase 1.50 1.50 2.00 1.00 4.00
total person-months alloted 0.48 0.80 1.51 0.11 0.94
average rate (sum rate times % / staff alloted)$149.44$134.82$139.08$186.67$166.67 Ratio of Fee per Phase of Work 12.80%19.08%37.03%3.48%27.62%100.00%

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GORING &STRAJA ARCHITECTS, PC
Hourly Rate Schedule
PERSONNEL –– HOURLY RATES:

Principal $250
Project Architect $200
Project Manager $155
Job Captain $120
Designer $95
Drafter/Resource $65

ENGINEERING AND TECHNICAL SUB-CONSULTANTS
Charged at 1.1 times amount invoiced to GaS Architects

OTHER REIMBURSABLE DIRECT PROJECT COSTS
Reproduction, postage, courier, plotting, faxing, travel: Charged at 1.1 times cost

OTHER CHARGES
Interest on past due balance: 1% per month on balances due over 30 days RATES VALID THROUGH DECEMBER 31, 2025

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List Engineering Company
Mechanical Consultants
Monterey 831.373.4390
San Francisco 415.355.1962
www.listengineering.com
Designing Today with Tomorrow in Mind
21 October 2025
Mr. Douglas Thornley, AIA

GORING & STRAJA ARCHITECTS
729 Heinz Ave. Ste #1
Berkeley, CA 94710
Re: City of San Carlos Adult Community Center
Mr. Thornley:

Thank you for this opportunity to work with your office. List Engineering Company would be pleased to provide the services outlined below.

General Provisions
• Review mechanical, plumbing and fire protection for the (e) food service area and provide a written narrative stating findings and recommendations.
• Construction documents and support for food service renovations. • Meetings to be web-based.
• Respond to plan check comments.
• A single General Contractor bid cycle.
• Construction support.

Mechanical
• Revise rangehood and dishwasher exhaust and make-up air systems. • Review to focus on condition of (e) equipment, conformance with current Codes and food service consultant requirements.

Plumbing
• Revise DCW, DHW, grease, sanitary and vent piping as required for revised food service requirements.

Fire Protection
• Revise rangehood fire protection as required for revised food service requirements.

Construction Support
• Review submittals, RFIs, one site visit for the punch list. • Construction services provided for a 9 month schedule.

Points of Interest
• Client to provide CAD files. Revit not included.
• Provide 60%, 90% and 100% CD submittals.

Items Not Included at This Time
• Renovations or upgrades to (e) central systems or portions of the facility outside of the food service area. • Life cycle cost analysis.
• Cost estimating.
• Presentations to various agencies or boards.
• Conforming drawings.

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24 October 2025
City of San Carlos Adult Community Center

Page 2 of 2 ends

• Commissioning.
• CA Energy Code documents beyond mandatory mechanical and plumbing documents. • Weekly OAC meetings.

Fees
Hourly, not to exceed:
• Basis of Design Report: $ 4,000
• 60% Construction Documents: $10,000
• 90% Construction Documents: $ 4,000
• Bidding: $ 500
• Construction Administration: $ 4,000
▪ Total: $22,500
Please call should you have any questions after reviewing this proposal for consistency with your requirements.

Sincerely,

LIST ENGINEERING COMPANY
Ronald M. Blue, PE LEED AP®
Principal

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85 SECOND STREET • SUITE 501 • SAN FRANCISCO, CA 94105 • TEL: 415.546.0431 • MBCSE.COM October 23, 2025 Agreement for Professional Services
Project Number 225-292
Douglas Thornley, AIA
Goring & Straja Architects
729 Heinz Ave, #1
Berkeley, CA 94710

Tel: 510-848-0895, email: [email protected]

Dear Douglas:

Proposal for Structural Engineering Services
City of San Carlos Adult Community Center Kitchen Renovation We are pleased to propose the following agreement to provide structural engineering services for this project.

This proposal will remain open for acceptance for one month from the date above.

Scope of Professional Services
Provide structural engineering services for the kitchen remodel at the City of San Carlos Adult Community Center.

Anticipated structural scope of work included:

1. Removal of an interior wall (assumed bearing but not part of the lateral force resisting system).

2. Anchorage and support of RTU and or kitchen equipment if required.

3. Minor reframing requirements due to proposed alterations.

The scope of work in this Agreement for Professional Services is limited to the services described above. Our proposed fees do not include any other services, such as but not limited to Inspections and Special Inspections, soil and material testing, Peer Review services, means and methods, and support of structure during construction, which may be required for the completion of this project.

Fee Arrangement
Our fees for the services provided above will be as follows, unless additional services are requested. Our work will be billed on a percentage completed basis within each of the respective phases:

Phase Fee
Concept Narrative Phase $ 2,000
SD/DD Phase $ 4,000
Construction Documents $ 6,500
Bidding --
Construction Admin $ 3,500
Totals $ 16,000

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Murphy Burr Curry Inc. Proposal for Professional Services City of San Carlos Adult Community Senter
Project Number 225-292
October 23, 2025

Page 2 of 4 ends

85 SECOND STREET • SUITE 501 • SAN FRANCISCO, CA 94105 • TEL: 415.546.0431 • MBCSE.COM We reserve the right to suspend services if accounts fall significantly in arrears. Additional services shall be charged at our current standard hourly rates. Our current standard hourly rate schedule is:

Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal or administrative proceedings will be charged at 1.6 times the hourly rates above.

Reimbursable expenses as described in the Terms and Conditions shall be billed as a multiple of 1.1 times the cost incurred.

This Letter of Agreement and the attached Terms and Conditions constitute the entire agreement between the parties. Please examine this document, and if acceptable, please return a signed copy to us. We will begin services upon receipt of a signed contract and retainer, if applicable.

We are looking forward to working with you on this project.

Offered by: Accepted by:

MURPHY BURR CURRY, INC.

GORING & STRAJA ARCHITECTS

Steven F. Curry, SE 3364
Vice President
Douglas Thornley, AIA
Date: ____________

MURPHY BURR CURRY, INC.

Schedule of Rates effective January 1, 2025
Sr. Principal/Consultant: $325/Hr. Project Engineer: $125-165/Hr.

Principal: $245-280/Hr. Jr. Engineer: $100-130/Hr.

Associate: $185-$225/Hr. CAD/Revit Specialist: $125-145/Hr.

Project Manager/Sr. Engineer: $170-200/Hr. Administration: $95/Hr.

Sr. Project Engineer: $150-180/Hr.

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Murphy Burr Curry Inc. Proposal for Professional Services City of San Carlos Adult Community Senter
Project Number 225-292
October 23, 2025

Page 3 of 4 ends

85 SECOND STREET • SUITE 501 • SAN FRANCISCO, CA 94105 • TEL: 415.546.0431 • MBCSE.COM Terms and Conditions

Murphy Burr Curry, Inc. (SE) shall perform the services outlined in this agreement for the stated fee arrangement.

Fee
The total fee, except stated lump sum, shall be understood to be an estimate, based upon Scope of Services, and shall not be exceeded by more than ten percent, without written approval of the Client. Where the fee arrangement is to be on an hourly basis the rates shall be those that prevail at the time services are rendered.

Billings/Payments
Invoices for services and reimbursable expenses will be submitted monthly and are due when rendered.

Invoices shall be considered PAST DUE if not paid within 30 days after the invoice date and the SE may, without waiving any claim or right against Client, and without liability whatsoever to the Client, terminate the performance of the service. Retainers shall be credited on the final invoice, or at the discretion of MBC should the account remain unpaid 90 days after billing. A service charge will be assessed at 1.5% (or the legal rate) per month on the unpaid balance. In the event any portion of an account remains unpaid 90 days after billing, the Client shall pay the cost of collection, including reasonable attorney's fees.

Reimbursable Expenses
Reimbursable Expenses are expenses incurred directly or indirectly in connection with the project such as, but not limited to, transportation, meals, lodging for travel, long -distance telephone calls and facsimile transmissions, overnight deliveries, courier services, AutoCAD plotting and the cost of reproductions beyond those normally required for coordination and information purposes.

Access To Site
Unless otherwise stated, the SE will have access to the site for activities necessary for the performance of the services. The SE will take precautions to minimize damage due to these activities but has not included in the fee the cost of restoration of any resulting damage.

Hidden Conditions and Hazardous Materials
A structural condition is hidden if concealed by existing finishes or if it cannot be investigated by reasonable visual observation. If the SE has reason to believe that such a condition may exist, the SE shall notify the Client, who shall authorize and pay for all costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If (1) the Client fails to authorize such investigation or correction after due notification, or (2) the SE has no reason to believe that such a condition exists, the Client is responsible for all risks associated with this condition, and the SE shall not be responsible for the existing condition nor any resulting damages to persons or property. SE shall have no responsibility for the discovery, presence, handling, removal, disposal, or exposure of persons to hazardous materials of any form.

Risk Allocation
In recognition of the relative risks, rewards, and benefits of the project to both the Client and the SE, the risks have been allocated so that the Client agrees that, to the fullest extent permitted by law, the SE's total liability to the Client, for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement, from any cause or causes, shall not exceed the total amount of $50,000, the amount of the SE's fee (whichever is greater) or other amount agreed upon when added under Special Conditions. Such causes include, but are not limited to, the SE's negligence, errors, omissions, strict liability, breach of contract or breach of warranty.

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Murphy Burr Curry Inc. Proposal for Professional Services City of San Carlos Adult Community Senter
Project Number 225-292
October 23, 2025

Page 4 of 4 ends

85 SECOND STREET • SUITE 501 • SAN FRANCISCO, CA 94105 • TEL: 415.546.0431 • MBCSE.COM Termination of Services
This agreement may be terminated upon 10 days written notice by either party should the other fail to perform his obligations hereunder. In the event of termination, the Client shall pay the SE for all services rendered to the date of termination, all reimbursable expenses, and reasonable termination expenses.

Ownership of Documents
All documents produced by the SE under this agreement shall remain the property of the SE and may not be used by the Client for any other endeavor without the written consent of the SE.

Dispute Resolution
Any claim or dispute between the Client and the SE shall be submitted to non-binding mediation, subject to the parties agreeing to a mediator(s). This agreement shall be governed by the laws of the principal place of business of the SE.

Project Disclosure
Unless otherwise agreed upon in writing, the client acknowledges that MBC may use a description of the work performed on this project for marketing purposes. During construction, if other parties (e.g. contractor, architect, etc.) are allowed to post signage at the jobsite, MBC shall be permitted to provide company signage to be displayed alongside these signs for the duration of construction.

End of Terms and Conditions

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October 20, 2025

Mr. Douglas Thornley, AIA
Goring and Straja Architects
729 Heinz Avenue, #1
Berkeley, CA 94710

Re: San Carlos Adult Community Center Kitchen Renovations San Carlos, CA
Scope of Services Letter Agreement
(hereinafter “Letter Agreement”)
AURUM No. 25-564.00

Dear Douglas,

Aurum Consulting Engineers (hereinafter “I”, “We”, “Our” or “Us”) and Goring and Straja Architects (hereinafter “You” or “Your”) have agreed to an electrical design portion of the San Carlos Adult Community Center Kitchen Renovations project (hereinafter “Project”) as follows:

This Letter Agreement’s scope of services is based on a review of the RFQ/RFP provided to us on October 16th, 2025 for the renovations of the existing kitchen. Please note that no scope outside the kitchen is included (i.e., exterior site improvements or multi-purpose area outside of Kitchen).

Electrical Service upgrades are also not included in this scope.

We propose to provide complete design of the electrical working drawings and specifications to facilitate construction of the renovations in the kitchen area of the building, as noted in the paragraph above, for this project.

Our Scope of Services will include the following:

a. Load Calculations and Single Line Diagram.
b. Electrical Distribution.
c. Power and Lighting Plans.
d. Electrical Demolition Plans.
e. Provisions for Data System (conduits and boxes only). f. Fire Alarm System Design (Deferred Submittal).
g. Intercom, Paging System, Clock/Signal System Design. h. Title 24 Lighting Calculations (indoor only).
i. Green Building Standards Code Compliance Assistance for required measures. j. Coordination with Mechanical Engineer.
k. Electrical specifications.
l. Site visit to establish existing conditions to the extent necessary to accomplish the electrical design.

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m. Submittal Set and Responses to comments for City.
n. Construction support services.

Technical Memorandum (BOD Narrative): $1,308
60% Design Submittal (SD/DD): $4,360 Construction Documents: $3,480
Construction Support Services: $1,960
Total Fee: $11,108*/**

*WHERE ELECTRICAL SERVICE UPGRADE IS NECESSARY, ADDITIONAL FEE OF: $8,200

**WHERE GENERATOR FOR BACK UP POWER IS REQUESTED, ADDITIONAL FEE OF: $6,600

If we are requested to attend City or County appointment for the Permit back check review, we will provide the additional service on an hourly basis, and billed at Our current rates.

Construction support includes review of submittals, responding to questions from the field, one on site review of the contractor’s work upon request and a final walk through observation report of the completed work. Regularly scheduled job meetings during construction or periodic on-site inspections are not included in Our scope of services (weekly or bi-weekly meetings).

Not included in Our scope of services:

a. Electrical Utility Design (power, telephone & cable TV) beyond the Project property lines. b. Upgrade of existing on-site utilities (power, telephone & cable TV). c. Exterior Lighting or Controls.
d. Emergency Voice Evacuation Systems Design.
e. Data System Active electronics or cabling.
f. Telephone Switch design.
g. Title 24 Commissioning.
h. Title 24 certification, testing and documentation.
i. Green Building Code (Cal Green) voluntary measures.
j. Mechanical controls.
k. Generator Design.
l. Fire Pump Design.
m. Photovoltaic System Design.
n. Battery Energy Storage System Design.
o. Security System Design.
p. CCTV System Design.
q. Bid review.
r. As – built Drawings.
s. Power Coordination Study etc.

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t. Preparation or review of energy rebate applications. u. Opinion of probable cost.
v. LEED Certification.
w. Value Engineering Reviews.
x. Design using Revit or other BIM software.
y. Structural Calculations.

2025 Hourly Rate Schedule

Engineering Director $ 244.00/hr.

Senior Project Manager $ 218.00/hr.

Project Manager $ 211.00/hr.

Electrical Designer $200.00/hr.

CADD Manager/ Drafter $ 156.00/hr.

Drafter $134.00/hr.

The above proposed fee does not include fees assessed by agencies as a result of obtaining information, plans, existing conditions, etc. in order to accomplish Our scope of services. These will be considered out-sourced expenses should it occur.

Additional compensation will be requested when:

• Revisions are requested after the substantial completion of the documents. • It is necessary to review change orders not initiated by or as a result of Our design. • When additional work not in the scope of services listed above (included services) is requested.

Letter Agreement Terms

An invoice from Us for Our services will be submitted monthly. Invoices are payable within thirty (30) days after the invoice date.

Accounts unpaid sixty (60) days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid ninety (90) days after billing, You shall pay all costs of collection, including reasonable attorney’s fees.

If You object to any portion of the invoice, You agree to notify Us in writing within ten (10) days of receipt of invoice. You will identify the specific cause of the disagreement and will pay when due that portion of the invoice not in dispute.

Payment of invoices is in no case subject to unilateral discounting or set-offs by You and payment is due regardless of suspension or termination of the Letter Agreement by You or Us.

This Letter Agreement proposal and pricing will expire in ninety (90) days if a fully executed Letter Agreement is not received.

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This Letter Agreement entered into as of the day and year first written below:

Agreed to by Us:

Najib Anwary, P.E. 10/20/2025
Printed Name Our Signature Dated

Agreed to by Your authorized representative:

Printed Name Your Signature Dated

Enclosed:

Letter Agreement Terms and Conditions
Contacts sheet

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UCSC STUDENT SERVICES BUILDING
APPENDIX: ADDENDA 1 & RESUMESA Gould Evans Project, Douglas Thornley Principal in Charge

BALDACCI FAMILY WINES

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Acknowledgement of City’s standard Professional Services Agreement (Attachment A):

Goring & Straja Architects and their sub-consultants have hereby reviewed the terms and conditions of City’s standard Professional Services Agreement, and have included comments for revision and clarification.

Should Goring & Straja Architects and sub-consultant team be selected, the necessary insurance and other documents will be provided as required.

GORING&STRAJA ARCHITECTS ACC Commercial Kitchen Renovation City of San Carlos – Acknowledgement of Attachment A

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The Letter Agreement Terms and Conditions is part of this Letter Agreement between You and Us and the following definitions apply:

• Aurum Consulting Engineers, referenced to as DESIGN PROFESSIONAL • Goring and Straja Architects, referenced to as CLIENT • San Carlos Adult Community Center Kitchen Renovations, referenced to as PROJECT

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AGREEMENT FOR ARCHITECTURAL, LANDSCAPE ARCHITECTURAL,

ENGINEERING OR LAND SURVEYOR SERVICES
This Agreement is made and entered into as of __________________ by and between the City of San Carlos hereinafter called "CITY" and ____________________ hereinafter called "CONSULTANT".

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

A.That CITY desires to engage CONSULTANT to render certain professional services in the CITY;
B.That CONSULTANT is qualified to provide such services to the CITY and;

Therefore, the CITY has elected to engage the services of CONSULTANT upon the terms and conditions as hereinafter set forth.

1. Services. The services to be performed by CONSULTANT under this Agreement shall include those services set forth in Exhibit A, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said Exhibit is hereby made an obligation of by CONSULTANT under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

IOA COMMENTS:

Insurance protection only applies if an “obligation” involves a negligence related situation that is covered by an insurance policy (i.e., professional liability, commercial general liability, commercial auto liability, etc).

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

IOA COMMENTS:

What is contained in Exhibit A?

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon completion of performance of services hereunder by CONSULTANT. (b) Notwithstanding the provisions of (a) above, CITY may terminate this Agreement without Agreement for Architectural Engineering Landscape Services Revised 09/04/20251

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cause by giving written notice not less than ten (10) days prior to the effective date of termination, which date shall be included in said notice. In the event of such termination, CITY shall compensate CONSULTANT for services rendered, and reimburse CONSULTANT 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 CONSULTANT for all services performed by CONSULTANT hereunder in an amount based upon CONSULTANT’s hourly rates during the time of the performance of said services. A copy of CONSULTANT’s hourly rates for which services hereunder shall be performed are set forth in CONSULTANT’s fee schedule marked Exhibit “B” hereof, 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 _____________________ ($________________) unless the performance of services and/or reimbursement of costs and expenses in excess of said amounts have been approved in advance of performing such services or incurring such costs and expenses by CITY’s City Manager (for contracts less than $75,000 or authorized by City Council action for contracts $75,000 or more by motion duly made and carried)..

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefore by CONSULTANT to CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services. In the event CITY desires the performance of additional services not otherwise included within the services described in Exhibit A, such services shall be authorized in advance of the performance thereof by CITY’s City Manager (for contracts less than $75,000 or authorized by City Council action for contracts $75,000 or more by motion duly made and carried). Such amendment to this Agreement shall include a description of the 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 for the accomplishment of such services. Any additional services causing the total contract price to exceed $75,000, shall require approval by the City Council. Except to the extent modified Agreement for Architectural Engineering Landscape Services Revised 09/04/20252

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by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. CONSULTANT shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by CONSULTANT hereunder. Said records shall be available to CITY for review and copying during regular business hours at CONSULTANT’s place of business or as otherwise agreed upon by the parties.

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

7. Reliance on Professional Skill of CONSULTANT . CONSULTANT represents that it has the necessary professional skills possesses and will maintain all professional licenses and approvals required by governmental authorities to to perform the services required and the CITY shall rely on such skills of the CONSULTANT accepts the relationship of good faith and fair dealing established by this Agreement, consistent with its standard of care between CITY and CONSULTANT t o perform its work do and possesses and will maintain all professional licenses and approvals required by governmental authorities to practice and perform the work in the jurisdictions in which the Project is located and in which Services are rendered. In performing services hereunder CONSULTANT shall be provided consistent with adhere to t h e standards standard of care generally prevailing for the performance of expert consulting services similar to those to be performed by CONSULTANT hereunder, practicing in the same or similar locality under the same or similar circumstances. Such standard of care is not a warranty or guarantee and CONSULTANT shall have no such obligation. CONSULTANT acknowledges the importance to CITY of the skill, competency, ability to appropriately work with CITY staff and expertise of individual staff assigned to the project, and accordingly the individuals assigned to the Project shall be acceptable to CITY.

IOA COMMENTS:
•1st Comment, Design Professional Qualifications:

Representations and warranties need to be limited to the Design Professional’s staff being properly (1) licensed and (2) experienced in connection with its industry professional standard of care*. * The Standard of Care is the standard by which a Design Professional’s performance is judged. The standard is not one of perfection, which means there is no warranty or guaranty of the efficacy of professional services. •2nd Comment, Fiduciary Liability Obligation:

Agreement for Architectural Engineering Landscape Services Revised 09/04/20253

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Design Professionals do not owe a fiduciary duty to their Clients. Their legal and professional obligation is to perform services in accordance with the applicable standard of care, the ordinary degree of skill and care exercised by peers under similar circumstances.

Because Design Professionals often serve a quasi-judicial function, interpreting contract requirements and evaluating change orders, they must remain independent and impartial. Imposing a fiduciary duty would conflict with that role and could undermine the objectivity required to serve both client and project fairly.

Contract provisions using terms such as “special expertise,” “trust and confidence,” or “endeavor to guard” should be revised to (1) reference good faith and fair dealing or (2) tie directly to the standard of care. Courts already imply a duty of good faith, and this does not create a fiduciary relationship.

Insurance Note: Professional liability policies respond to claims for negligent acts, errors, or omissions. They generally exclude fiduciary liability or breach-of-contract obligations unless negligence is also alleged. Maintaining language that aligns with negligence-based exposure ensures the obligation remains insurable.
•3rd Comment, Design Professional’s Qualifications:

The Standard of Care is a measure by which a Design Professional’s services are judged. It is not one of perfection, and does not impose a warranty or guaranty of results. Instead, it is a negligence- based standard requiring a Design Professional exercise the ordinary degree of skill, care, and judgment commonly exercised by other reasonably competent practitioners of the same discipline, under similar circumstances (e.g., a concept dating back to English common law). Importantly, whether a Design Professional has met the standard is determined in context, based on the information, conditions, and customary practices at the time of service, not by what only became known later.

8. Documents. CITY acknowledges all documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered are Instruments of Service, and have been prepared by CONSULTANT for use solely with respect to this Project, pursuant to the terms of this Agreement, shall, upon preparation completion of the work and delivery to CITY, become the property of CITY and payment of all undisputed amounts invoiced by CONSULTANT.

CITY agrees that no Instruments of Service shall be reused by any party without CONSULTANT’S prior review and written reuse authorization.

Agreement for Architectural Engineering Landscape Services Revised 09/04/20254

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CITY understands that review and authorization are essential because of the different circumstances associated with reuse, not the least of which is passage of time. CITY also understands that CONSULTANT’S review will necessitate a separate fee.

CITY acknowledges that CONSULTANT’S Instruments of Service may be stored and delivered to CITY and others in electronic files (“Data”), and that anomalies and errors can be introduced into the Data when it is transferred or used in conjunction with incompatible computer equipment or software. CONSULTANT’s Data is being furnished "as is" and CONSULTANT shall have no duty to modify or update the Data.

CONSULTANT reserves the right to retain an archival paper or electronic copy of the Data delivered to CITY or the general contractor which shall be referred to and shall be conclusive proof and govern in all disputes over the form or content of the Data furnished by CONSULTANT.

CITY acknowledges that ownership of, and any copyrights to, CONSULTANT’s and CONSULTANT’s consultants pre-existing standard details and specifications shall remain with their respective owners and CITY shall not acquire any rights in any such pre-existing standard details.

CITY hereby gives consideration to CONSULTANT for relinquishing ownership of Instruments of Service by agreeing, to the fullest extent permitted by law, indemnify, and hold harmless CONSULTANT from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages arising out of or resulting from any party’s unauthorized reuse, distribution, or modification of CONSULTANT’s Instruments of Service.

IOA COMMENTS:

If the Design Professional agrees to allow the Client to have ownership of (or an unlimited license to use) its Instruments of Service, the Client should be required to indemnify, hold Design Professional harmless for liability incurred as a result of any modification or use of the instruments of service without the Design Professional’s written authorization. Apart from requiring full payment prior to transfer, the Client needs to:
•Acknowledge the documents are project-specific and are not intended for re-use on other projects.
•Agree that any re-use by the Client without the involvement of the Design Professional will be at the Client’s sole risk.
•The Client agrees to indemnify and hold the Design Professional harmless from any claims brought against them arising out of the re-use.
•The Design Professional has the right to re-use standard details of the contract documents.

Agreement for Architectural Engineering Landscape Services Revised 09/04/20255

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•Include language that (i) electronic documents may be unintentionally altered, (ii) are for informational purposes only and not intended as an end product, (iii) Design Professional makes no warranties regarding fitness or suitability, and (iv) Client will indemnify and hold harmless Design Professional for claims relating to unauthorized use, reuse, or alteration of the electronic documents.

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

10. Schedule. CONSULTANT shall adhere to the schedule set forth in Exhibit A as is consistent with CONSULTANT’S standard of care; provided, that CITY shall grant reasonable extensions of time for the performance of such services occasioned by governmental reviews of CONSULTANT’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, CONSULTANT’s officers or employees. CONSULTANT acknowledges the importance to CITY of CITY’s Project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent CONSULTANT’S standard of care with that schedule.

IOA COMMENTS:

A Time is of the Essence provision needs to be properly qualified/connected to a Design Professional’s standard of care.

It is/may be impossible to tell with certainty how long it will be needed to complete the various phases of a project (i.e., unanticipated problems, site conditions, client delays, uncertainty in the scope and scale of the Client's program, acts of God can render any estimation of a schedule for a Design Professional's services pure guesswork). Further, Design Professional’s have an Ethical Canon obligation to the Public; of which a Client’s schedule cannot overrise this ethical canon.

11. Indemnity. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2 7 8 2 . 8 as it was in effect as of the date of this Agreement), CONSULTANT shall defend (with legal counsel reasonably acceptable to the CITY) (but shall not defend for professional negligence claims, demands, actions, suits or matters connected therewith), indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees and any other entity or person for which CONSULTANT is legally liable (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of CONSULTANT or its subconsultants), expense and liability that Indemnitees incurs from third party claims, demands, actions, suits or matters connected therewith, of every kind, nature and description Agreement for Architectural Engineering Landscape Services Revised 09/04/20256

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(including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness or willful misconduct of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control and any other entity or person for which CONSULTANT is legally liable (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of such Indemnitee.

To the extent there is an obligation to indemnify under this Section 11, CONSULTANT shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from CONSULTANT’s negligence, recklessness, or willful misconduct.

CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth in this indemnity provision from each and every subcontractor it retains.

In no event shall the indemnification obligation extend beyond the date when the institution of legal or equitable proceedings for professional negligence would be barred by any applicable statute of repose or statute of limitations.

IOA COMMENTS:

The proposed Indemnity provision contains obligations that go beyond what the law would otherwise require of Design Professionals and are problematic with respect to protection afforded by Client-required insurance policies, such as:

1. Professional Liability

2. Commercial General Liability

3. Commercial Automobile Liability

4. Non-Owned/Hired Automobile Liability
As with any business insurance policy, the scope of coverage does not extend beyond monetary responsibilities to the extent caused by a Design Professional firm’s negligence. In other words, if a Design Professional contractually agrees to defend a Client irrespective of their negligence and is not directly linked to monetary responsibilities, the Design Professional’s insurance company will probably not cover said contractual obligation(s).

Key California Issue: The passage of Senate Bill 496 (which modified California Civil Code 2782.8) added significant licensed Design Professional* protections with respect to the duty to defend in public and private contracts executed after 1/1/18. As a result, Senate Bill 496 creates a requirement that there be a determination of the proportional liability of a Design Professional first, before there’s any payment or reimbursement of attorney’s fees and costs under an indemnity agreement**.

Agreement for Architectural Engineering Landscape Services Revised 09/04/20257

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* The term Design Professional limited to licensed (1) Architects, (2) Landscape Architects, (3) Land Surveyors and (4) Registered Engineers
** For example, if a Design Professional was found to be 25% at fault, then the law provides that the Design Professional would only be liable for 25% of the attorneys’ fees and costs of a party seeking contractual indemnity and defense cost reimbursement
Summary: If the indemnity obligation addresses other risks, or, extends beyond the proportion of the Design Professional firm’s negligence, that part of the indemnification obligation is not within the scope of coverage and uninsurable.

KEY PROBLEMATIC ISSUE SUMMARY
•Indemnity Not Created for Design Professional Practice IOA COMMENTS: The proposed Indemnity was not created for a Design Professional practice, which means it contains provisions that go beyond a Design Professional’s well-established, Standard of Care. •Indemnity Not Limited to Negligence
incidental and consequential damages,
To the extent there is an obligation to indemnify under this Section 11, CONSULTANT shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from CONSULTANT’s negligence, recklessness, or willful misconduct.

IOA COMMENTS: Insurance protection does not cover an indemnitee(s) “representation or warranty”, breach of contract” (aka “incidental damages”), “contractual liability” or performance-based obligation unless related to negligent performance of services (i.e., to the extent caused by Design Professional’s failure to meet its standard of care).
•Indemnity Obligation Not Limited to Third (3rd) Party Claims IOA COMMENTS: When negotiating Indemnification provisions in Design Professional contracts (and other types of contracts as well), it is important to carefully craft the provision so that the obligation to indemnify is limited to damages arising out of third-party claims against the indemnitee to the extent of damages caused by the Design Professional’s negligence. •Beyond the Scope of Insurance Policy Covered Parties
of CONSULTANT, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control
IOA COMMENTS: Insurance policies do not cover other parties that are not (1) its employees or (2) over 50% owned entities of a Design Professional, including its Clients, except “to the extent found Agreement for Architectural Engineering Landscape Services Revised 09/04/20258

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legally liable”. That said, the Design Professional shall address this issue by obtaining executed indemnity agreements with provisions identical to those set forth in this indemnity provision from each and every consultant it retains.
•Uninsurable Liability Damage Obligation(s)
incidental and consequential damages,
To the extent there is an obligation to indemnify under this Section 11, CONSULTANT shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from CONSULTANT’s negligence, recklessness, or willful misconduct.

IOA COMMENTS: Consequential Damages claims (aka “loss of use” or “economic harm” claims) may, or may not, be covered by insurance policies and tend to be damages that are remote and difficult to evaluate: meaning, coverage applies if the allegations pertain to negligence and is covered by a policy. •Expanded Client Indemnification Obligations/Disproportionate Risk from and against any and all
IOA COMMENTS: Insurance policies do not apply on an “and all” or “all” claims basis. Rather, insurance policies apply to “any” claim, to the extent coverage applies. There cannot be any broader classification than the words “and all”. In its ordinary and natural meaning, the words “and all” leaves no room for exceptions.
•Words That Obligate Design Professionals to Defend Clients (Beyond Insurance Policy Coverage)
CONSULTANT shall defend
IOA COMMENTS: A&E professional liability policies do not assume the defense (i.e., “free”, “save” and “protect” also means defend) of a Client based upon allegations of professional negligence in the services provided for the Client. Those allegations must be proven before the insurance company will cover the defense costs “in the form of damage payments” through an indemnification agreement. That said, Commercial General Liability policies may assume the defense of a Client (when covered by an Additional Insured Endorsement) provided the allegations involve negligence in services provided for the Client.

Further, A&E Professional Liability scope of coverage defines as “Claim” as a demand for money or services, including, but not limited to a complaint in a civil proceeding in a court of law or in an arbitration proceeding, received by Client, arising out of a Design Professional’s performance of its services.
claims, loss, cost, damage, injury
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IOA COMMENTS: The implied duty to defend applies to “claims, demands, allegations, litigation, actions, causes of action, lawsuits” and/or “suits” is triggered as soon as one of the aforementioned situations arises: rather than after a judgment is entered or loss has been proven, like an indemnification clause. This means, the duty to defend anticipates unproven allegations (i.e., prior to any factual findings of negligence or breach).
of every kind, nature and description
, directly or indirectly, in whole or in part,
IOA COMMENTS: The terms “arising out or in any way connected to”, “arising out of ”, “of every (or whatsoever) kind, nature and description”, “in connection with”, “of any kind”, or “by or through or under” and other similar terms has been construed as a very broad, general, and comprehensive term; meaning “originating from or growing out of or flowing down”. ”Arising out of ” also does not mean losses must be caused by the Design Professional’s negligence or breach: a claim merely has to involve an alleged negligent act, error or omission in the performance of the contract. The words “pertain to, or relate to” also present similar issues. The proper words that focus liability in accordance with a Design Professional’s standard of care is “to the extent caused by the negligence”. That said, Commercial General Liability policies, via its additional insured coverage endorsement, provide coverage “caused in whole or in part by” a Design Professional, which means a Design Professional’s vicarious or contributory negligence (not sole negligence).
(including, without limitation,
IOA COMMENTS: Use of the words “without limitation”, “including, but not limited to”, or “otherwise alleged” is not suggested because the words equate to an undefined expansion of a Design Professional’s obligations within a Client Agreement; of which further negotiation is suggested so the words are no longer necessary.
•Inappropriate & Beyond Scope of Insurance Policy Covered Indemnitee(s) indemnify and hold harmless CITY and its officers, agents, departments, officials, representatives and employees
IOA COMMENTS: Avoid indemnitee requests to protect inappropriate parties whose connection with the Design Professional is remote* (i.e., who is not directly part of the Client entity) and may not ordinarily be entitled to indemnity under common law negligence (i.e., in the absence of a contractual connection). An appropriate solution is the delete these terms and replace with “any other entity or person for which Design Professional is legally liable”. That said, Commercial General Liability policies will protect assume the defense of a Client’s landlord and property manager along with respective heirs, executors, and administrators (when covered by an Additional Insured Endorsement) provided the allegations involve negligence in services provided for the Client. * For example, “agents", “designees”, “volunteers”, “invitees” , “servants” and “representatives” are considered an undefined term and may enable a clearly unintended party to claim indemnified party status and be positioned to hinder or even scuttle settlement discussions. Other problematic examples include “attorneys”, “insurers”, “parent company”, “subsidiaries”, “affiliates/affiliated companies”, “controlled entities”, “trustees”, “shareholders”, “joint Agreement for Architectural Engineering Landscape Services Revised 09/04/202510

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venturers”, “assigns”, “lenders”, “sureties”, “contractors”, “sub-contractors”, “consultants” and “unknown additional insureds”.
•Other, Beyond the Scope of Policy Covered Issues
To the fullest extent permitted by law
IOA COMMENTS: Use the phrase “to the fullest (or “maximum” or “greatest”) extent permitted by law” goes beyond the Standard of Care that is normally required of a Design Professional, which is uninsurable. Additionally, insurance policies do not cover “to the fullest (or maximum) extent permitted by law” or “entry of a non-appealable final judgment after trial, an award after arbitration” indemnity obligations that obligate a Design Professional to, conceivably, the CA or US Supreme Court: with a continuing obligation after the Design Professional is no longer a party to the issue in question. indemnity obligations that obligate a Design Professional to, conceivably, the CA or US Supreme Court:
with a continuing obligation after the Design Professional is no longer a party to the issue in question. attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) IOA COMMENTS: Professional liability insurance policy protection does not pay for Client (or non- direct client) attorney fees, except (1) to the extent of a final determination of liability based upon the Design Professional’s proportionate or comparative percentage of fault, or (2) if agreed upon by insurance company prior to final determination of liability. That said, Commercial General Liability policies may assume the defense of a Client (when covered by an Additional Insured Endorsement) provided the allegations involve negligence in services provided for the Client.

California Civil Code Sections 2782 and 2782.8)
IOA COMMENTS: California Civil Code 2782.8 only applies to licensed (1) Architects, (2) Landscape Architects, (3) Land Surveyors and registered (4) Engineers.

12. Insurance. CONSULTANT shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, to the extent applicable owned and non-owned and hired automobile liability, and professional liability insurance covering risks arising from CONSULTANT’s services to be performed hereunder 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. CONSULTANT shall submit
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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 bodily injury, personal injury, and property
damage, including without limitation,
blanket contractual liability to the extent
insurable, 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.

IOA COMMENTS:
•1st Comment, “Unqualified” Contractual Liability Coverage:

Needs to be qualified to insert the words “, to the extent insurable,” because every Commercial General Liability insurance policy contains Contractual Liability coverage, which is qualified as follows:
“The insurance does not apply to Contractual Liability for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) bodily injury, property damage or personal and advertising injury that the insured would have in the absence of the contract or agreement.” •2nd Comment, Coverage Without Limitations:

Insurance policy exclusions are generic in nature, of which claims are unique in nature (i.e., unknown allegations until known). Therefore, insurance companies (and governing State Departments of Insurance), will not allow deletion of policy exclusions as requested in the Client’s insurance requirements provision.

For example, every insurance policy contains unavoidable limitations such as the scope of the insuring agreement, policy definitions, exclusions, general policy conditions, and the maximum policy limit of liability available.

Commercial Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage
required to the extent applicable to
CONSULTANT’s vehicle usage in
performing services hereunder)
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IOA COMMENTS:

Add the word “Commercial” in-front of the word “Automobile”.

The insurance industry uses the title “Commercial” or “Business” Automobile Liability o n policies it issues. The aforementioned term is used to differentiate this type of policy from an individual person’s “Personal” automobile insurance policy, which does not provide the additional insured coverage, notice of cancellation and other items listed above and/or elsewhere in the proposed insurance requirements.

Professional Liability $2,000,000 per claim and in aggregate 1 Other Insurance Provisions
Concurrently with the execution of this Agreement, CONSULTANT 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; IOA COMMENTS:

The insurance company can only provide 30-day notice to Clients of the Design Professional for events that it can control, which is the reason why only 30-day notice is available if the insurance company cancels or non-renews a policy (10-days if cancelled for non-payment of premium).

Stated another way, insurance companies are only allowed to issue a 30-day, advance notice of cancellation endorsement if the insurance company cancels your insurance policy*. * Insurance companies are prohibited by Department of Insurance regulations from forcing its policyholders to defer cancelling a policy “30-days after” requested plus the additional number of days required to (1) process, (2) mail, and (3) for the Client to receive the cancellation notice.”
(b) Contractor’s CONSULTANT’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 to the extent insurable shall be additional insureds under such policies. An endorsement providing Note: Professional liability insurance coverage is not required if the contractor/vendor/consultant is not 1 providing a service regulated by the state. (Examples of service providers regulated by the state are insurance agents, professional engineers, doctors, certified public accountants, lawyers, etc.) Please check and initial the following if professional liability is NOT required for this agreement. ! Recommended ______ [Project Manager] ! Approved _______[Risk Manager] Agreement for Architectural Engineering Landscape Services Revised 09/04/202513

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completed operations coverage for the additional insured, ISO form CG 20 37, is also required.

IOA COMMENTS:

Added “to the extent coverage applies” because questionable whether an insurable interest exists for agents, representatives, trustees, shareholders and independent counsel under a Commercial General or Commercial Automobile liability insurance policy.

It is important to note that coverage provided by an Additional Insured endorsement is limited “to liability caused in whole or in part by your work.” This means that coverage will only respond to damages incurred by the Additional Insured if there is an insurable connection with the operations of your practice.

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 Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Consultant shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’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
Consultant hereby grants to CITY a waiver of any right to subrogation which any insurer of said Consultant 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.

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Special Risks or Circumstances
CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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.

CONSULTANT 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 to the extent a claims- made insurance policy applies. 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 CONSULTANT.

IOA COMMENTS:

There is no need to continuously renew an “occurrence-based” Commercial General Liability, because your practice’s policy terms “do not apply” on a “claims-made” basis. Another way to view an “occurrence-based” policy is the limit in-place, at the date when the work was performed that led to a claim being reported, is the limit that is available to cover the claim. * Occurrence Based Policy Definition: A policy covering claims that arise out of damage or injury that took place during the policy period, regardless of when a claim is made Primary and Non-Contributory Coverage
The Additional Insured coverage under the Consultant’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 13.

IOA COMMENTS:

Revised because the most current edition date of this endorsement is 04 13* (e.g., April of 2013). * There never has been a 04 12 edition date of this endorsement 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 Agreement for Architectural Engineering Landscape Services Revised 09/04/202515

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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.

13. Subcontractors. CONSULTANT 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 CONSULTANT agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Contract documents.

Subcontract shall agree to include these same provisions in any agreement with a sub-subcontractor. Consultant 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 CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT 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.

14. Workers’ Compensation. CONSULTANT acknowledges and certifies awareness 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 CONSULTAN T certifies and agrees to compliance with such provisions before commencing the performance of the work of this agreement.

15. Non-Discrimination. The CONSULTANT 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 CONSULTANT 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,. CONSULTANT shall comply with its EEO Certification (Form PW-7). In addition, CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONSULTANT will take affirmative action to insure that applicants are employed and the employees are Agreement for Architectural Engineering Landscape Services Revised 09/04/202516

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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 CONSULTANT 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 CONSULTANT 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.

16. Notice. All notices required by this Agreement shall be given to the CITY and CONSULTANT in writing, by first class mail, postage prepaid, addressed as follows:

CITY: City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention: ________________
CONSULTANT: ____________________________
(Fill in CONSULTANT Name, Address, Phone
N u m b e r, a n d P r o j e c t M a n a g e r f o r

CONSULTANT)

17. Non-Assignment. This Agreement is not assignable either in whole or in part.

18. Business Registration. CONSULTANT agrees to comply with Chapter

5.04 of the Municipal Code and pay all fees required to be paid. By entering into this Agreement, CONSULTANT acknowledges and agrees they are conducting business with the City and will apply for and obtain a City Business registration certificate.

19. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.

20. 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.

21. 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 Agreement for Architectural Engineering Landscape Services Revised 09/04/202517

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unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

22. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. If a party refuses or fails to participate in mediation in good faith prior to filing a lawsuit, then that party shall be barred from recovery of attorneys fees and costs of suit.

23. Conflict of Interest. CONSULTANT may serve other clients, but none who are active within the City of San Carlos or who conduct business that would place CONSULTANT in a "conflict of interest" as that term is defined in State law.

24. 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 supersedes 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.

MISSING PROVISIONS TO CONSIDER*
* Reason: This Agreement was not created for Design Professional services IMPT: To implement a provision, change the words “Design Professional” to “CONSULTANT” and “Client” to “CITY”
Add Standard of Care & Compliance with Code Provision
IOA COMMENTS:

It is a challenge to design to multiple standards that conflict, or to design in-compliance with codes, laws, and regulations that are not published and in effect at the time the design services are provided:
in-addition to varying interpretations, probability of conflicts and overwhelming (if not impossible) task of discovering, reviewing and complying with all codes, laws and regulations. Furthermore, Design Professional’s already are required to comply with codes, laws and regulations. Failure to Agreement for Architectural Engineering Landscape Services Revised 09/04/202518

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design to the standards set by the local building codes is negligence per se. Use of proper language to appropriately establish Client expectations should be included within Client agreements.

SAMPLE “COMPLIANCE WITH CODE” PROVISION
Design Professional shall exercise due and reasonable professional care in observing those non- conflicting federal, state, and local codes, standards, statutes and regulations (“Codes”) applicable at the time Design Professional renders service. It is understood, however, that various Codes are subject to varying and sometimes contradictory interpretation. Design Professional shall exercise its professional skill and care consistent with, and limited to, the generally accepted standard of care to provide a design that complies with such Codes.

Add Certification (of Documents) Liability Provision
IOA COMMENTS:

Certifications or warranties can result in Design Professional’s assuming a level of liability well above the standard of care required by law; which may be uninsurable. In addition, by certifying something, the Design Professional may be assuming another party’s liability too. Under the law, Design Professionals do not have to guarantee their work or the work of others.

Certifications should be
•Based on the contractual services
•Identified as to the purpose of the certification
•Indicated as being at a specific time and for a specific entity, and •Limited to a statement of facts directly known by the Design Professional, or clearly identified as an expression of a Design Professional’s professional opinion, such as by including a statement that you have based the certification on the Design Professional’s knowledge, information, and belief.

SAMPLE “CERTIFICATION” PROVISION
Design Professional shall not be required to execute certificates, consents or reliance letters that would require knowledge, services or responsibilities beyond the scope of this Agreement, and shall not be required to sign any documents that would result in Design Professional having to certify the existence of conditions whose existence Design Professional cannot reasonably ascertain beyond its standard of care.

Client also agrees not to make resolution of any dispute with Design Professional or payment of any amount due to Design Professional in any way contingent upon Design Professional’s signing any such certification.

Add Unauthorized Change to Plans Provision
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IOA COMMENTS:

Sometimes changes are made to construction documents by the Client, Owner, Contractor or even a building department official without the knowledge and approval of the Design Professional.

In a few states, the law gives the Design Professional protection from liability. This is not true in many jurisdictions. In most states, absent some contractual safeguards, the Design Professional may well become liable – or at least have to mount a defense – because of someone else’s mistakes.

This exposure increases if the Design Professional is only performing only limited construction phase services or none at all.

Add a provision that absolves the Design Professional for changes made without prior authorization.

SAMPLE “UNAUTHORIZED CHANGE TO PLANS” PROVISION
In the event Client, Client's contractors or subcontractors or anyone for whom Client is legally liable, makes or permits any changes to be made to any reports, plans, specifications or other construction documents prepared by Design Professional without obtaining Design Professional's prior written consent, Client agrees to waive any claim against Design Professional and to release Design Professional from any liability arising directly or indirectly from such changes. In addition, Client agrees (1) to the fullest extent permitted by law, to indemnify and hold harmless Design Professional from any damages, liabilities or costs arising from such change, and (2) to include in any contracts for construction appropriate language that prohibits any contractor or subcontractors of any tier from making any changes or modifications to Design Professional's construction documents without the prior written approval of Design Professional and that further requires contractor to indemnify both Design Professional and Client from any liability or cost arising from such changes made without such proper authorization.

Add Cost or Budget Estimate Provision
IOA COMMENTS:

Cost estimates provided by the Design Professional should be carefully qualified. It should be emphasized that estimates are, by necessity, limited in their purpose and based on some conceptual estimating technique. Estimates refined during the design process can be described as being based on the professional experience and judgment of the Design Professional. Since a Design Professional has no control over market conditions or bidding procedures, the Client should not expect that bids or ultimate construction costs remain consistent with cost estimates.

It’s important to qualify the Design Professional’s opinions or estimates of cost as being based on experience and qualifications that represent the Design Professional’s best judgment, not a guarantee.

Add if the Agreement does not include a cost or budget estimate provision:

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SAMPLE COST OR BUDGET
“NOT PROVIDED” PROVISION
Client agrees and acknowledges that Design Professional shall not be responsible for providing cost or budget estimates. Any review or evaluation of cost, data, budgets, or estimates by Design Professional shall not be interpreted as Design Professional’s approval or ratification of such cost data, budgets, or estimates.

SAMPLE COST OR BUDGET
“PROVIDED” PROVISION
When included in Design Professional’s scope of services, opinions or estimates of probable construction cost are prepared on the basis of Design Professional’s experience and qualifications and represent Design Professional’s judgment as a professional, generally familiar with the industry.

However, since Design Professional has no control over the cost of labor, materials, equipment or services furnished by others, over contractor’s methods of determining prices, or over competitive bidding or market conditions, Design Professional cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Design Professional’s opinions or estimates of probable construction cost.

Add Construction Observation Services Provision
IOA COMMENTS:

The Design Professional’s role on the jobsite is to generally “observe” the progress of the Contractor’s work and communicate its observations to the Client. Delete contract language requires the Design Professional to “supervise” or “inspect” the Contractor’s work since such language suggests a higher level of involvement and could be interpreted as establishing a responsibility to guarantee the performance of the Contractor.

The Design Professional should not assume any contractual responsibility for jobsite safety. The Contractor is in charge of the project jobsite and has actual control of the site and those on the site; therefore, the Contractor should be solely responsible for jobsite safety.

It is essential that the Design Professional include language explicitly disclaiming responsibility for the Contractor’s means, methods, sequences, and safety procedures.

SAMPLE PROVISION
OBSERVATION SERVICE - “APPLIES”
(Source: AIA B101-2017ed)
Design Professional shall visit the Project at intervals appropriate to the stage of construction, or as otherwise required by Client and agreed upon by Design Professional, to become generally familiar with the progress and quality of the contractor’s work completed, and to determine, in general, if the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the Contract Documents. However, Design Professional shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the portion of work completed. Design Professional does not guarantee the performance of, and shall Agreement for Architectural Engineering Landscape Services Revised 09/04/202521

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have no responsibility for, the acts or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project.

If Client desires more extensive project observation or full-time project representation, Client shall request such services be provided by Design Professional as Additional Services in accordance with the terms of this Agreement.

SAMPLE PROVISION
OBSERVATION SERVICE - “DOES NOT APPLY”
If construction observation services are not included in the scope of services, Client assumes all responsibility for interpretation of the Contract Documents and for construction observation and the Client waives any claims against Design Professional that are connected with the performance of such services.

Add Waiver of Personal Liability Provision (BECAUSE ARE INCORPORATED) IOA COMMENTS:

Just having “Incorporation Status” is not enough to protect a Design Professional practice from professional liability related claims: unlike other forms of businesses that automatically gain this protection once incorporated. That said, licensed Design Professionals (i.e., that sign/seal plans) need to include a “Waiver of Personal Liability” provision in any professional service agreement in order to protect their personal assets.

This provision enables your Client to sue the name of any of the contracting parties, but agrees (i.e., for the same reason they are incorporated) that no director, officer, member, partner, shareholder, or employee(s) of the practice will be personally liable for an alleged breach of their agreement or negligent design.

SAMPLE “WAIVER OF PERSONAL LIABILITY” PROVISION
(Incorporated Design Professional & Its Consultants)
It is intended by the parties to this Agreement that Design Professional, or its consultant(s), services in connection with the Project, shall not subject Design Professional or its consultant(s) individual employees, officers and directors to any personal legal exposure for the risks associated with the Project or this Agreement, or any Addenda. Therefore, and notwithstanding anything to the contrary contained herein, Client agrees that as Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Design Professional, Enter Your State Followed by Your Business Structure (i.e., such as “a California Corporation”) , or its incorporated consultant(s), and not against any of Design Professional’s consultant(s), individual employees, officers and directors.

Add Waiver of Consequential Damages Provision
IOA COMMENTS:

Key Point: Waiving Consequential Damages, within a professional services agreement, is important Agreement for Architectural Engineering Landscape Services Revised 09/04/202522

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because it means the Client and Design Professional are (1) acknowledging known and calculable risks and (2) recognizing that many unclear and incalculable risks also exist.

Consequential Damages are expenses that result as a consequence of another event, such as the loss of “profit/use/enjoyment/occupancy“ of a facility, that are the indirect result of an alleged failure by the Design Professional.

Examples include:
•Delay caused by the Design Firm in reviewing shop drawings that ultimately caused a seasonal product store to not be completed in time for holiday season. •Minor error by a Design Professional that resulted in a system failure that interrupted a Client’s production by two months.

The potential for substantial Consequential Damages is particularly acute on projects that rely heavily on the stream of commerce and profits, such as casinos, shopping malls, hotels, and restaurants.

Consequential Damages differ from “Direct Damages”; which may be awarded to the Plaintiff in a civil action alleging the terms of an agreement were not honored. When a contract is breached, the recognized remedy for the Client is recovery of Direct Damages that resulted from the breach, such as the cost to repair or complete the work in accordance with the contract documents, and/or the loss of value of lost or damaged work.

Consequential Damages, also known as “Indirect or Special Damages”, includes the loss of product, profit and/or revenue and that may be recovered if it is determined such damages were reasonably foreseeable or “within the contemplation of the parties” at the time of the contract. This is a factual determination that could lead to a Design Professional or Contractor’s incurring liability for an enormous loss.

IOA suggests:
•Deleting any Consequential Damages provision in Client agreements •Revise the agreement so neither your Design Professional firm nor its Client will be held responsible for Consequential Damages because of alleged failures of the other party: except for your Design Professional firm’s responsibility for Consequential Damages to the extent such damages are covered by its insurance policy.

SAMPLE “CONSEQUENTIAL DAMAGES” WAIVER PROVISION
Neither Client or Design Professional shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of, or connected in any way to the Project or this Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of reputation, unrealized savings or diminution of property value and shall apply to any cause of action including negligence, strict liability, breach of contract, and breach of warranty. Notwithstanding anything to the contrary set forth in the Agreement, the foregoing waiver shall not apply if the consequential damages are covered by Design Professional’s insurance policy(ies).

Agreement for Architectural Engineering Landscape Services Revised 09/04/202523

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Add No Third Party Beneficiaries Provision
IOA COMMENTS:

Obviously, a disappointed Client can sue the Design Professional with whom it has a contract.

However, suits have been brought by Contractors or other third parties not in contractual privity with the Design Professional. Such a third party may contend that it has a “third-party beneficiary” right in the contract. These third parties will claim to have relied upon the Design Professional’s services (i.e., opinions, reports, surveys, plans and specifications).

For example:
•A Contractor may claim additional costs or delays due to alleged errors and omissions in the plan, specifications, or reports prepared by the Design Professional. •Another consultant or the Client’s lender may claim damages because it relied upon statements, opinions, drawings, or reports in its performance of services or in advancing loan monies. •A future purchaser of the property may claim damages resulting from reliance upon information contained in the Design Professional’s opinions or reports in deciding to purchase the property.

To mitigate this exposure, contracts should contain a “no third-party beneficiary” provision.

SAMPLE “NO THIRD PARTY BENEFICIARIES” PROVISION
(Source: AIA B101-2017)
Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either Client or Design Professional.

Add Jobsite Safety Provision
IOA COMMENTS:

A positive statement that the Contractor is solely responsible for the means, methods, techniques, sequences and procedures of the construction work, and for the final project, should be included in any design contract leading to construction.
•One in ten liability claims against Design Professionals are related to jobsite safety and the federal government increasingly seeks to impose substantial (and uninsurable) fines on Design Professionals for construction worker injuries.
•Jobsite safety is the primary responsibility of the General Contractor because they have control of their employees and of the site; therefore, the Contractor should be solely responsible for jobsite safety.
•Make it clear to the Owner and the contractor that the Design Professional is not responsible in any way for the means, methods, sequence, procedures, techniques or scheduling of construction - or for jobsite safety.

Agreement for Architectural Engineering Landscape Services Revised 09/04/202524

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•Include language explicitly disclaiming responsibility for the Contractor’s means, methods, sequences, and safety procedures.

SAMPLE “JOBSITE SAFETY” PROVISION
Design Professional shall not supervise, direct or have control over general contractor or its subcontractors, regardless of tier, any employee or agent thereof (hereinafter “Contractor”) work.

Design Professional shall not have authority over or responsibility for the construction means, methods, techniques, sequences or procedures or for safety precautions and programs in connection with the work of Contractor. Design Professional does not guarantee the performance of the construction contract by Contractor and does not assume responsibility for Contractor’s failure to furnish and perform its work in accordance with the Construction Documents.

Add Delay (aka Force Majeure) Provision
IOA COMMENTS:

It’s important to contractually define a Design Professional’s obligations with respect to project delays to appropriately qualify risk associated with delays beyond a Design Professional’s control. A proper delay (aka Force Majeure) provision operates to release a Design Professional when a project is delayed due to causes beyond its reasonable control.

SAMPLE “DELAY” PROVISION
Design Professional shall not be responsible for delays caused by factors beyond Design Professional’s reasonable control, including but not limited to delays caused because of strikes, lockouts, work slowdowns or stoppages, government ordered industry shutdowns, power or server outages, acts of nature, widespread infectious disease outbreaks (including but not limited to epidemics and pandemics), failure of any governmental or other regulatory authority to act in a timely manner, failure of Client to furnish timely information, or approve or disapprove of Design Professional’s services or work product, or delays caused by faulty performance by Client’s or contractors of any level. Cyberattacks, data breaches, and hacking of Design Professional’s systems are not force majeure events. When such delays beyond Design Professional’s reasonable control occur, Client agrees that Design Professional shall not be held responsible for damages, nor shall Design Professional be deemed in default of this Agreement.

Add Information Provided by Others Provision
IOA COMMENTS:

Design Professionals are often required to rely upon the data and documents prepared or collected by other parties (such as location of underground utilities, as built drawings for an older building undergoing renovation).

While it may be possible to indicate beforehand all the documents needed, some of the documents may be unavailable or long gone. In addition, it may be difficult to identify all the information needed from others until services begin. It also is expensive, time consuming or impossible for Agreement for Architectural Engineering Landscape Services Revised 09/04/202525

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scheduling or conducting the research and investigation necessary to verify someone else's data; plus the Client might not be willing to pay for such an effort.

It is also in the Client’s best interests that the Design Professional is notified by the Client’s contractors on the same basis as the Client requires of the Design Professional.

The best solution might be an express understanding that the Design Professional will rely on other's information to the extent practical, and the Client will underwrite the resulting risk rather than funding it through risk reduction efforts such as research.

SAMPLE “INFORMATION FROM OTHERS” PROVISION
Design Professional shall be entitled to rely, without liability, on the completeness and accuracy of any and all information and data provided by Client, its consultants and contractors, and information from public records, without the need for independent verification. Notwithstanding the foregoing, Design Professional shall use its reasonable judgment and experience in determining whether such reliance is advisable.

Client will also require its consultants and contractors to promptly notify Client if its consultants or contractor(s) observes or becomes aware of faults or defects in documents prepared by Design Professional and Client will provide prompt written notice to Design Professional.

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: _______________ ______________________________ Nil Blackburn, Assistant City Manager
ATTEST:

Dated: _______________ ______________________________ Crystal Mui, City Clerk
APPROVED AS TO FORM:

Dated: _______________ ______________________________ Gregory J. Rubens, City Attorney
Agreement for Architectural Engineering Landscape Services Revised 09/04/202526

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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: _______________ ______________________________ Agreement for Architectural Engineering Landscape Services Revised 09/04/202527

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ATTACHMENT B

SIGNED AND COMPLETED LEVINE ACT DISCLOSURE

WOODSIDE PRIORY SCHOOL

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Updated 1.1.25

California Levine Act Statement
California Government Code SecƟon 84308, commonly referred to as the "Levine Act," prohibits any San Carlos City Council Member from parƟcipaƟng in any acƟon related to a contract or applicaƟon if they receive any poliƟcal contribuƟons from the business or applicant totaling more than $500 within the previous twelve months, and for twelve months following the date of a ﬁnal decision.

The Levine Act also requires a member of the San Carlos City Council who has received such a contribuƟon to disclose the contribuƟon on the record of the proceeding.

Current San Carlos City Council Members are listed at: www.cityofsancarlos.org/CityCouncil.

Proposers are responsible for accessing this link to review the names prior to answering the following quesƟons:

1. Have you or your company, or any agent on behalf of you or your company, made any poliƟcal contribuƟons of more than $500 to any San Carlos City Council Member in the 12 months preceding the date of the submission of your proposal or applicaƟon, or the anƟcipated date of any Council acƟon?

Yes. List Council Member(s):

No
2 Do you or your company, or any agency on behalf of you or your company, anƟcipate or plan to make any poliƟcal contribuƟon of more than $500 to any San Carlos City Council Member in the 12 months following any Council acƟon related to your proposal or applicaƟon?

Yes. List Council Member(s):

Answering yes to either of the two quesƟons above does not preclude the San Carlos City Council from awarding a contract or approving an applicaƟon or any subsequent acƟon. It does however, preclude the idenƟﬁed Council Member(s) from parƟcipaƟng in any acƟons related to your proposal or applicaƟon.

_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name

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PORTOLA VALLEY TOWN CENTER

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 12, 2026
ITEM TITLE: Accept the Quarterly Reports from City Commissions and Boards.

RECOMMENDATION:

Staff recommend that the City Council accept the quarterly reports from the City’s Commissions and Boards.

FISCAL IMPLICATIONS:

None for this action.

BACKGROUND:

Every quarter the City Council receives a report from each commission and board. These reports provide updates on the activities and initiatives undertaken during the preceding period.

Additionally, each report includes a detailed member attendance record, ensuring accountability regarding participation in meetings and decision-making processes. These updates help the City Council stay informed about the work of its advisory bodies and support effective governance.

ANALYSIS:

Attached are the fiscal year (FY) 2025-26 second quarter reports from the following commissions and boards for the period of October through December 2025:
- Downtown Advisory Committee
- Economic Development Advisory Commission
- Museum of San Carlos History
- Parks, Recreation and Culture Commission
- Planning and Transportation Commission
- Youth Advisory Council
Consistent attendance at commission meetings is essential to maintaining a quorum, which is necessary for conducting official business, as well as ensuring steady communication and staying informed on current discussions. Pursuant to the Commissioners’ Handbook, three (3) unexcused absences within a fiscal year (July – June) will result in the commissioner’s seat being declared vacant. For commissions that meet less than once a month, two (2) unexcused absences will result in vacancy. Staff have alerted all members with two (2) absences—or one (1) absence for commissions meeting less than monthly— that any additional unexcused absence within the fiscal year will result in removal.

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ALTERNATIVES:

The alternatives available to the City Council include:

1. Accept the Quarterly Reports from City Commissions and Boards; or

2. Do not accept the Quarterly Reports from City Commissions and Boards; or

3. Provide staff with alternative direction.

Respectfully submitted by:

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

1. Downtown Advisory FY 2026 Q2 Report

2. Economic Development Advisory FY 2026 Q2 Report

3. Museum FY 2026 Q2 Report

4. Parks, Recreation and Culture FY 2026 Q2 Report

5. Planning and Transportation FY 2026 Q2 Report

6. Youth Advisory FY 2026 Q2 Report

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Downtown Advisory Committee (“DTAC”)
Q2 Quarterly Reports
October 1, 2025 – December 31, 2025

Summary of Accomplishments

There were no meetings held in Q2 FY25/26.

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CITY OF SAN CARLOS

ECONOMIC DEVELOPMENT ADVISORY COMMISSION (EDAC)

QUARTERLY REPORT, OCTOBER-DECEMBER 2025

Commissioners
Heather Liu (Chair)
Rajesh Krishnan (Vice-Chair)
Kelly Hickey, Anthony Kamm, Madhura Kumar, Sailesh Mehra, Karen Molinari Laura Kotee (Alternate Member)

Advisory
Al Savay, Community Development Director
Sajuti Haque, Economic Development & Housing Manager
Adolfo Ruelas, Economic Development Coordinator

Meetings Summary

The Economic Development Advisory Commission (EDAC) convened one time during the second quarter of 2025–2026.

On October 28, 2025, the commission received a presentation from the Community Development Director on the Alexandria Development Project. The commission then held a study session to discuss the 2026 Workplan, including roundtable topics, guest speaker options, Economic Development Plan priorities, and a review of the Business Resource Website.

Reports were also provided on the Shop Local Passport Program and tote bag voting results, along with an update on individual commissioner outreach protocols and direction on outreach expectations.

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Meeting Date Sailesh Mehra Anthony Kamm Madhura Kumar Ke lly Hickey Heather Liu Rajesh Krishnan Karen Molinari Laura Kotee
(Alternate)
8/26/2025 PPPEPPP N / A
Total Unexcused Absences
1st Quarter 00000000
10/28/2025 PPPPPPP N / A
Total Unexcused Absences
2nd Quarter 00000000
Total Unexcused Absences
This Fiscal Year 00000000
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Economic Development Advisory Commission Attendance Log Consistent attendance at commission meetings is essential to maintainin g a quorum, which is necessary for conducting official business, as well as e nsuring steady communication and staying informed on current discussions. Members are expected to attend all scheduled meetings and should make every effort to do so. Pursuant to the Commissioners' Handbook, for Commissions that meet less than once a month, two (2) unexcused absences within a fiscal year (July-June) will result in the commissioner's seat being declared vacant.

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1 Museum of San Carlos History
2ndQuarter Report to the San Carlos City Council
October 1 – December 31, 2025

This report covers the time period from October 1, 2025-December 31, 2025.

The Museum Board had 1 regularly scheduled meeting during this time period. The November meeting took place as scheduled. The meetings were held via Zoom and were attended by all Board members.

The 2nd quarter was a busy one, creating and approving the budget, training new Board members, a Villagers meeting, one Board meeting and holding our Fall Event: the Ice Cream Social.

Attendance
• All three City representatives were present at the November meeting. • The Villagers, the Museum docent group, held an in-person meeting at the Museum in September. Several Museum Board members attended that meeting as well.

Activities & More
• The Museum was open to the public every Saturday during this period from 1 to 4pm. • We had several visitors this month. We attribute this in part to marketing on Next Door, Facebook, and new signs downtown.
• At the November meeting, a budget and a policy committee were formed. • During this quarter, the Centennial Exhibit committee improved exhibits’ positions and signage in the Museum, completed the exhibit text for the new and permanent Founder’s Wall, updated the Arguello exhibit, moved the 1961 Babe Ruth championship exhibit and moved the War Dog and Early Merchants exhibits.
• The time capsule committee collected items until December 10, 2025. The plan is to bury the time capsule on January 30, 2026, during the Week of the Family 2026.

The next report will be submitted at the end of March 2026.

Respectfully Submitted by,

Cori Menezes Carpenter
MoSCH Secretary
12/15/25

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Meeting Date Russ Bertetta Andy Klein Alexandra Seeber
7/15/2025 P P E
9/24/2025 E P P
Total Unexcused Absences
1st Quarter 0 0 0
11/12/2025 P P P
Total Unexcused Absences
2nd Quarter 0 0 0
Total Unexcused Absences
This Fiscal Year 0 0 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Museum of San Carlos History Attendance Report
Consistent attendance at commission meetings is essential to maintaining a quorum, which is necessary for conducting official business, as well as ensuring steady communication and staying informed on current discussions. Members are expected to attend all scheduled meetings and should make every effort to do so. Pursuant to the Commissioners' Handbook, for Commissions that meet less than once a month, two (2) unexcused absences within a fiscal year (July-June) will result in the commissioner's seat being declared vacant.

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Parks, Recreation & Culture Commission
Second Quarter for FY 2026
October - December 2025

The Parks, Recreation & Culture Commission met twice during the second quarter, FY 2026, on October 8 and December 3, 2025. The meetings were held in-person at the San Carlos Library Community Rooms.

October 8
• Commissioners received a presentation from the Parks and Recreation Foundation of San Carlos by Richard Armanino, President.
• Commissioners discussed and provided recommendation to City Council on Parks Master Plan Draft recommendations from Gates Studio.
o Three options were provided, two options at Burton Park and one option at Laureola Park
o Commissioners recommended Burton Park Option 1 as the preferred site for the Community & Aquatics Center with consideration to preserve 3 tennis courts at surface level and explore additional courts at Laureola Park. o Commissioners recommended the Parks Master Plan with provided feedback; return Kiwanis Building to community use and not renew the lease as part of the Parks Master Plan, emphasis on increasing accessibility and inclusion in parks and playgrounds, consideration of blue light emergency call stations along trails, improvements needed at crossings near Highlands Park, emphasis on developing a future master plan for Laureola Park, concerns raised about dog use at Hillcrest Park and prioritizing short-term improvements, which will be included in a implementation/action plan for the City.
• Commissioners also received updates on Parks & Recreation programs and services from Tyler Muela, Recreation Manager and Amy Newby, Parks & Recreation Director.

December 3
• Commissioners received updates on the Museum of San Carlos History Board by Commissioner Alexandra Seeber.
• Commissioners received a presentation on Special Events by Shannon Petersen, Recreation Coordinator and Lauren Burd, Recreation Supervisor. • Commissioners approved recommendation of Selected Artists by Public Art Task Force for Artist Rotation Program.
• Commissioners also received updates on Parks & Recreation programs and services from Tyler Muela, Recreation Manager.

Please see attached PR&C Commission Attendance Log.

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Meeting Date Bob Bollier Elaine Ki stenmacher Julie Lubetkin Alexandra Seeber Mark Stogner Alexis McFarlane
(Alternate)
8/6/2025 PPPPPP
Total Unexcused Absences
1st Quarter 000000
10/8/2025 PPPPPP
12/3/2025 PPPPPE
Total Unexcused Absences
2nd Quarter 000000
Total Unexcused Absences
This Fiscal Year 000000
P = Present
U = Unexcused Absence
E = Excused
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg cancelled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Parks, Recreation and Culture Commission Attendance Log Consistent attendance at commission meetings is essential to maintaining a quorum, which is necessary for conducting official b usiness, as well as ensuring steady communication and staying informed on current discussions. Members are expected to attend all scheduled meetings and should make every effort to do so. Pursuant to t he Commissioners' Handbook, for Commissions that meet less than once a month, two (2) unexcused absences within a fiscal year (July-June) will result in the commissioner's seat being declared vacant.

Planning and Transportation Commission
FY 2026 Q2 Quarterly Report
October 1, 2025 – December 31, 2025

Summary of Accomplishments

The Planning and Transportation Commission (PTC) held four meetings in the second quarter of FY 2025/2026 and addressed the following items:

October 6, 2025:

1. Harrington Park (APNs 050-154-160 and 050-154-170) - Public Hearing to Consider Approving the Design Review, Protected Tree Removal Permit, and Variance to Allow a Building Within the Normally Required Interior Side and Rear Setbacks - Approved.

2. 642 Quarry Road - Request for a Conditional Use Permit to Operate a Volleyball Training Facility. APN: 046-041-380 – Approved.

November 3, 2025:

1. Consideration of Four Resolutions Recommending that the San Carlos City Council: Adopt a Resolution Approving the Addendum to the City of San Carlos 2045 General Plan Reset Environmental Impact Report; Adopt a Resolution Amending the San Carlos General Plan Land Use Map, Land Use Element, and Circulation and Scenic Highways Element; Introduce an Ordinance to Amend the San Carlos Zoning Map and Municipal Code, Title 18, Zoning; and, Introduce an Ordinance to Adopt the San Carlos Downtown Specific Plan – Approved.

November 17, 2025:

1. Receive a presentation from the City/County Association of Governments of San Mateo County (C/CAG) and the San Mateo County Transportation Authority (SMCTA) and obtain feedback from the Planning Commission on the Countywide Transportation Plan (CTP) Update.

2. 808 Alameda de las Pulgas Townhouse Development - Public Hearing to Consider a Two- Year Extension of the Approved Entitlements for the Development of Construct 87 Townhouse Units - Approved.

December 15, 2025:

1. 930 Commercial Street – Request for a Design Review, Protected Tree Removal Permit, Dirt Haul and Grading Certificate, Transportation Demand Plan and certification of an Initial Study and Mitigated Negative Declaration for a new 48,370 square-foot automotive repair building, surface parking lot, and dedication of an 8-foot wide public pathway easement.

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APN: 046-161-030 – This item was continued to the Tuesday, January 20, 2026 Planning and Transportation Commission Meeting.

2. 333 Shoreway Road (APN: 046-081-820) - Consideration of Design Review approval of a new Sign Program - Approved.

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Meeting Date Twisha Anand Summer Bund y Kristen Clements Frank Kenniast y Jorge Tapias 7/7/2025 - C
7/21/2025 - C
8/4/2025 P P P P P
8/18/2025 P P P P P
9/2/2025 P P P P P
9/15/2025 P P P P P
Total Unexcused Absences
1st Quarter 00 0 0 0
10/6/2025 P P P P E
10/20/2025 - C
11/3/2025 P E P P P
11/17/2025 P P P P P
12/1/2025 - C
12/15/2025 P P P P E
Total Unexcused Absences
2nd Quarter 00 0 0 0
Total Unexcused Absences
This Fiscal Year 00 0 0 0
P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum City of San Carlos
Planning and Transportation Commission Attendance Log
Consistent attendance at commission meetings is essential to maintaining a quorum, which is necessary for conducting official business, as well as ensuring steady communication and staying informed on current discussions. Members are expected to attend all scheduled meetings and should make every effort to do so. Pursuant to the Commissioners' Handbook, three (3) unexcused absences within a fiscal year (July – June) will result in the commissioner’s seat being declared vacant.

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YOUTH ADVISORY COUNCIL (YAC): QUARTERLY REPORT

October 2025 – December 2025

October 2025:
• The Youth Advisory Council designed, scripted, and performed in the annual Youth Center Haunted House and Movie Night on October 17th, where community members participated in plants and graveyard themed games, face painting, crafts, and eating Mister Softee Ice Cream. • The Youth Advisory Council and Adult Community Center gathered for Generation Buddies on Monday, October 27th and played various card games together including Uno, Would You Rather, P is for Pizza and more! The teens and active adults topped off new friendships with a pasta dinner and ice cream for dessert.

November 2025:
• On November 15th, the Youth Advisory Council volunteered at the Stanford Blood Center Blood Drive at the Youth Center.
• The Youth Advisory Council and Adult Community Center kicked off the Fall season on November 17th with a beading themed Generation Buddies. Participants enjoyed making beaded bracelets, pens, keychains, and necklaces while feasting on a burrito bowl dinner.

December 2025:
• The Youth Advisory Council hosted a winter-wonderland themed photobooth at the annual Night of Holiday Lights community event on December 5th. YAC members volunteered at the event while assisting by taking pictures for families and friends with the photo backdrop who were in the festive spirit.
• On December 13th, The Youth Advisory Council attended a district-wide social with other youth advisory councils and committees from the greater peninsula, hosted at Burlingame Community Center. The YAC Social allowed students to get together to socialize, network and plan for the upcoming YAC Attack mini conference. Over 60 teens across 8 Bay Area cities connected to exchange ideas on how they can better their communities. • On December 15-17
th the Youth Advisory Council hosted a “Finals and Fries” event for High School students at the Youth Center. This free event included a table full of fries from a variety of local restaurants, studying supplies, and two collaborative spaces with varying noise levels.

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Meeting Date Maya Kacholiya Aditya Gupta
Karan
Sangani
Eva
Greenbaum Ellora Mehta Hanna Kent Nikhil N unna Avi Canc illa Keira Nayberg Vir Rao Johan Sijp Dori Lin
(Alternate)
Connor Huh
(Alternate)
7/9/2025 - C (Summer Break)_
8/27/2025 P P P P P P P P P P P UU
9/10/2025 P P P P P P P P P P P P P
9/24/2025 P P E P P P P E P E E P E
Total Unexcused Absences
1st Quarter 00 0 0 0 0 0 0 0 0 0 1 - U 1 - U
10/8/2025 P P P P P P P P P P P P P
11/12/2025 P P P P P U P P P PPP P
12/10/2025 P P P U P U P P P PEP P
Total Unexcused Absences
2nd Quarter 00 0 1 - U 0 2 - U 0 0 0 000 0
Total Unexcused Absences
This Fiscal Year 00 0 1 - U 0 2 - U 00 0 0 0 1 - U 1 - U P = Present
U = Unexcused Absence
E = Excused Absence
QA = Mtg canceled for lack of quorum, Commissioner wasn't able to attend QP = Mtg canceled for lack of quorum, Commissioner would have been able to attend C = Mtg Canceled for any reason other than lack of quorum Consistent attendance at commission meetings is essential to maintaining a quorum, which is necessary for conducting official business, as well as ensuring steady communciation and staying informed on current discussions. Members are expected to attend all scheduled meetings and should make every effort to do so. Pursuant to the Commissioners' Handbook, three (3) unexcused absences within a fiscal year (July - June) will result in the commissoner's seat being declared vacant.

City of San Carlos
Youth Advisory Council Attendance Log

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 12, 2026
ITEM TITLE: Adopt a Resolution Authorizing the Execution of a Three-Year Extension with eSentire Managed Security Services in the Amount of $215,318.55, with Authority to Adjust Service Levels and Renew for Successive Terms.

RECOMMENDATION:

Staff recommend the City Council adopt a Resolution authorizing the execution of a three-year extension with eSentire Managed Security Services in the amount of $215,318.55, with authority to adjust service levels and renew for successive terms.

FISCAL IMPLICATIONS:

There is no fiscal impact and no additional appropriation is required. Managed security services have been budgeted annually in the Information Technology (IT) professional services account since 2023. The total cost of the three-year agreement extension is $215,318.55, and will be funded through the adopted Information Technology budget.

BACKGROUND:

On January 9, 2023, the City Council approved a three-year agreement with eSentire, Inc. (Resolution No. 2023-002) to replace the City’s end-of-life SecureWorks services and expand managed detection and response (MDR) capabilities. The initial term included esENDPOINT MDR (CrowdStrike managed detection/response), MDR for Microsoft Defender for Office 365, esNETWORK managed network monitoring, esLOG managed log ingestion/monitoring, and managed vulnerability service (MVS) for hybrid cloud scanning. Together, these services provide comprehensive coverage across City endpoints, cloud applications, network traffic, and security logs, allowing threats to be detected, investigated, and contained in real time.

Since implementation, eSentire has provided reliable around-the-clock protection while reducing the internal burden on the City’s IT staff. In the most recent service period summarized in eSentire’s renewal correspondence, eSentire reported 15 total investigations, 381 proactive threat hunts, and 266,931 threat sweeps against 44 indicators of compromise (IOCs), along with 2,145 novel detections added to strengthen monitoring against emerging threats. These results reflect the proactive and continuous security oversight delivered through the City’s MDR and managed security services.

The Master Security Services Agreement and Order Form provides for an initial three-year term with automatic 12-month renewals unless the City provides notice of termination. Staff are bringing forward this proactive three-year extension to ensure continuity of critical cybersecurity services and to secure favorable multi-year pricing.

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ANALYSIS:
eSentire serves as the City’s outsourced security operations center (SOC), providing 24/7 monitoring and rapid response that would otherwise require substantial internal staffing and specialized tools. Their MDR services continuously monitor City endpoints, network sensors, and security logs to detect suspicious activity, conduct threat-hunting and investigations to confirm true incidents, and actively contain or disrupt threats before they spread. eSentire also delivers managed vulnerability scanning to identify security gaps and help prioritize remediation. This integrated, round-the-clock capability maintains strong visibility and protection across the City’s on-premises and cloud environments.

Outsourcing these services remains the most effective and cost-efficient approach for the City.

Replicating eSentire’s coverage in-house would require multiple full-time cybersecurity analysts to provide 24/7 shift coverage, along with enterprise monitoring platforms, ongoing licensing, and continuous training to keep pace with evolving threats. Recruiting and retaining qualified security staff is highly competitive and costly, as coverage gaps could occur during nights, weekends, or vacancies. By continuing with eSentire, the City receives immediate access to experienced analysts, advanced threat intelligence, and continuous monitoring at a predictable cost, allowing City IT staff to focus on core operations while maintaining strong cybersecurity protection.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the execution of a three-year eSentire managed security services extension in the amount of $215,318.55, with authority to adjust service levels and renew for successive terms; 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. Renewal Quote for Services

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3 3
0 1
RESOLUTION NO. 2026 – ____

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

AUTHORIZING THE EXECUTION OF A THREE-YEAR EXTENSION WITH ESENTIRE MANAGED SECURITY SERVICES IN THE AMOUNT OF $215,318.55, WITH AUTHORITY TO ADJUST SERVICE LEVELS AND RENEW FOR SUCCESSIVE TERMS.

WHEREAS, the City utilizes managed cybersecurity services to provide continuous threat monitoring, detection, investigation, and response for City systems; and

WHEREAS, on January 9, 2023, the City Council approved an agreement with eSentire, Inc. (Resolution No. 2023-002) for Managed Detection and Response (MDR) and related managed security services; and
WHEREAS, eSentire has continued to meet the City’s operational and cybersecurity needs, and uninterrupted managed security services are critical to protecting City networks, endpoints, and cloud services; and
WHEREAS, eSentire has provided renewal pricing for a three-year agreement extension in the amount of $215,318.55, which supports operational continuity and budget predictability; and WHEREAS, the City Council authorizes the execution of a three-year agreement extension, adjust service quantities as needed to meet changing operational requirements, and renew the agreement for successive terms of up to three years, subject to available appropriations.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council authorizing the execution of a three-year eSentire managed security services extension in the amount of $215,318.55, with authority to adjust service levels and renew for successive terms. * * * * *
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 12th day of January 2026, 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:

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1 Renewal Quote
Quote: Q-62194
Quote Term: 36 months
Currency: USD
Valid to: 2026-02-07
Customer: City of San Carlos
Customer Address: 600 Elm Street, San Carlos,
California, United States 94070

SOLUTION PROPOSAL

SE R VIC E FE AT URE S
24x7 for Monitoring, Investigation, Response, and
Remediation Included
SOC Analyst Support Included
Customer Success Manager Included
8X5 Technical Support with after-hours support Included Detection Engineering – continuous updates Included
Automated Blocking Included
Alerting Included
Response and Remediation Included
Insight Portal – service overview, threat case details, reporting and data access Included
TRU Threat Hunting Included
TRU Threat Sweeping Included
TRU Threat Research and Intelligence Briefing Included

SUM M AR Y QU AN TI TY
Network Services 20.00 Users
Network Services- 201 Series Sensor 1.00 Unit
Network Services - 100 Series Sensor 1.00 Unit
Endpoint Services - Crowdstrike - Prevent, Detect and
Respond 170.00 Endpoint
Log Services- Sumo Logic 11.99 GB/day
Managed Vulnerability Service - Cloud, Co-Managed 1.00 Unit Managed Vulnerability Service - per scanned asset 550.00 IP Managed Vulnerability Service - Hybrid Sensor 1.00 Unit

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2 Managed, Detection and Response Services with
Microsoft Defender for Office 365 170.00 Users

PRIC ING
Annual Subscription $122,228.90
Discount $50,456.05
Total Annual Subscription $71,772.85

Fees are exclusive of all taxes. Fees shall be paid annually in advance.

Service Features listed in this quote may apply to one or more services outlined in the summary section.

ServiceDescriptions: https://www.esentire.com/legal/documents

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 12, 2026
ITEM TITLE: Adopt a Resolution Authorizing the Execution of a Professional Services Agreement with Sciens, LLC in the Amount of $89,950 for the Consultant Assessment and Recommendation for Public Works Technology Solutions Project (C2412); and Authorizing the Expenditure of a 20% Contingency in the Amount of $17,990, for a Total Not-to-Exceed Contract Amount of $107,940.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution authorizing the execution of a professional services agreement with Sciens, LLC (“Sciens”) in a not-to-exceed contract amount of $89,950 for the Consultant Assessment and Recommendation for Public Works Technology Solutions Project (C2412) (“Project”); and authorizing the expenditure of a 20% contingency in the amount of $17,990 for a total not-to-exceed contract amount of $107,940.

FISCAL IMPLICATIONS:

There are no fiscal impacts, and no additional funding is needed.

Funding for the Project will come from C2412, which has an available budget of $150,000 in fiscal year (FY) 2025-26. There is sufficient budget to award and complete the project with contingency.

Sciens $89,950
Contingency 20% $17,990
Total Not to Exceed Amount $107,940
Project C2412 available budget $150,000
Balance Remaining $42,060
BACKGROUND:

The City of San Carlos is seeking to modernize how it manages infrastructure assets, maintenance operations, and capital improvement projects across its Public Works Department.

Currently, the City relies on Lucity (CentralSquare EAM) for asset and work order management; however, the system no longer meets the City’s operational, integration, and usability needs. In addition, many workflows are supported by siloed systems and spreadsheets, limiting efficiency and data accessibility.

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To address these challenges, the City issued a request for proposals (RFP) on September 2, 2025, seeking qualified consulting firms to assist with the selection of a new, integrated Public Works Enterprise System. The selected consultant will lead a comprehensive needs assessment, facilitate stakeholder engagement, evaluate market solutions, and support the City through the vendor selection process. The future system is expected to support asset management, work order tracking, and project management functions, with robust GIS integration, mobile compatibility, and interoperability with existing tools such as Inform San Carlos (“Accela”).

The RFP closed on October 2, 2025. Following a review of submitted proposals, the top four firms were invited to participate in interviews to further assess their fit for the City’s needs.

ANALYSIS:

In response to the City’s RFP for Consulting Services for a Public Works Enterprise System, the City received a total of 14 proposals from qualified firms across the country. Proposals were evaluated based on responsiveness to the RFP, relevant experience, technical qualifications, understanding of the City’s needs, and proposed cost.

Following the initial review, the top four firms were invited to participate in interviews with a panel of City staff. Each firm demonstrated the technical capability to perform the work; however, the interviews were used to assess qualitative factors such as communication style, approach to stakeholder engagement, adaptability to San Carlos’ organizational culture, and overall fit.

Based on the interviews and proposal evaluations, staff identified the consultant that best aligns with the City’s goals and working style and recommend award of the contract to Sciens.

For the software selection phase of the Project, Sciens will focus on data gathering, review the Public Works Department’s current processes, conduct a needs assessment, develop an RFP, and assist with vendor evaluations and vendor selection. Sciens will work closely with the City to plan and support effective change management, with an emphasis on clear communication and maintaining a positive perception of the system transition. Organizational change management (OCM) is embedded throughout the project to ensure staff are engaged, informed, and supported.

This approach emphasizes early involvement, transparent communication, and opportunities for employee input, helping to build buy-in and facilitate a smooth transition to the new system.

Staff may consider including Sciens in the implementation phase of the Project to assist staff with implementation of the selected software solution and provide continued OCM support.

Therefore, staff recommends executing a professional services agreement with Sciens in the amount of $89,950 and authorizing the expenditure of a 20% contingency.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the execution of a professional services agreement with Sciens, LLC for the Consultant Assessment and Recommendation for Public Works Technology Solutions Project (C2412) in the amount of $89,950; and authorizing the expenditure of a 20% contingency in the amount of $17,990 for a total not-to-exceed contract amount of $107,940; or

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2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Steven Machida, Public Works Director
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Sciens Proposal

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RESOLUTION NO. 2026 – ____

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

AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH SCIENS, LLC IN THE AMOUNT OF $89,950 FOR THE CONSULTANT ASSESSMENT AND RECOMMENDATION FOR PUBLIC WORKS TECHNOLOGY SOLUTIONS PROJECT (C2412), AND AUTHORIZING THE EXPENDITURE OF A 20% CONTINGENCY
IN THE AMOUNT OF $17,990, FOR A TOTAL NOT-TO-EXCEED
CONTRACT AMOUNT OF $107,940.

WHEREAS, the City of San Carlos seeks to modernize its Public Works operations by identifying and implementing an integrated enterprise system for asset management, work orders, and project management; and
WHEREAS, the City issued a request for proposals (RFP) on September 2, 2025, and received 14 proposals from qualified consulting firms; and WHEREAS, after a thorough evaluation process, including interviews with the top four firms, Sciens, LLC (“Sciens”) was selected as the most qualified and best suited to support the City’s goals; and WHEREAS, Sciens will focus on data gathering, review current processes, conduct a needs assessment, develop an RFP, conduct vendor evaluations, and assist with final vendor selection; and WHEREAS, staff may consider including Sciens in the implementation phase to assist staff with implementation of the selected software solution and continued Organizational Change Management (OCM) support.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the execution of a professional services agreement with Sciens, LLC in a the amount of $89,950 for the Consultant Assessment and Recommendation for Public Works Technology Solutions Project (C2412), and authorizes the expenditure of a 20% contingency in the amount of $17,990 for a total not-to-exceed contract amount of $107,940.
* * * * *
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 12th day of January 2026, 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:

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The City of San Carlos, CA

Consulting Services for a Public
Works Enterprise System for Asset
Management, Work Orders, and
Project Management Proposal

Proposal Submitted On:

October 2, 2025 before 3:00 p.m. PDT
Sciens LLC
5900 South Lake Forest Drive
McKinney, Texas 75070

Proposal Contact:

Steven Barcey, Partner
[email protected]
(469) 346-6288
www.sciens.com

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Transmittal Letter

October 2, 2025

City of San Carlos, California
Tracy Scramaglia, Assistant Public Works Director
600 Elm Street
San Carlos, CA 94070

Dear Tracy Scramaglia:

Thank you for the opportunity for Sciens Consulting to present this proposal in response to the City of San Carlos’ request for Consulting Services for your Public Works Enterprise System for Asset Management, Work Orders, and Project Management project. We are excited to work with the City to contribute our expertise and support to ensure a successful outcome for your organization.

Sciens is a highly specialized technology management consulting firm that has dedicated itself to serving the needs of local governments like San Carlos. We provide our clients with personal service and dedicated attention not available in larger, more impersonal consulting firms. Just ask our customers , they know the difference.

Because of our commitment to the local government market, we understand the unique demands municipalities face. From public works operations to Capital Improvement Project (CIP) project management, we know your business. We have extensive experience assessing and replacing municipal systems for asset management, work orders, inventory, and CIP project management, including guiding hundreds cities through stakeholder engagement, needs assessment, vendor evaluation, and implementation support. Most importantly, the Sciens team has significant experience leading public works and enterprise asset systems replacement initiatives, where we’ve supported organizations in evaluating current usage, identifying system and process gaps, and planning for a successful transition to a modern, integrated solution.

Sciens will partner closely with your operational departments to conduct an independent assessment of your core business processes and related systems. As one of the firm’s owners, you have my commitment that your project will achieve these goals, and we will do it within the schedule defined and the budget allotted.

Sciens has no vendor affiliations, relationships, or preferences and will act in an unbiased manner as we assist the City. If you have any questions regarding our proposal, please consider me y our primary point of contact and feel free to contact me directly.

Respectfully submitted,

STEVEN BARCEY
Partner, Sciens LLC
5900 South Lake Forest Drive
McKinney, Texas 75070
(469) 346-6288 | [email protected]

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TABLE OF CONTENTS

Consultant Profile .......................................................................................................................... 1 Company History .................................................................................................................... 2 Trusted Advisors in EAM Strategy, Selection & Implementation ................................................ 2 Why Sciens is the Best Fit ........................................................................................................ 2 Applicable Experience ................................................................................................................... 3 Experience with Local Government Clients ............................................................................. 5 Experience with Enterprise Asset Management Products......................................................... 6 Staff Qualifications and Experience ................................................................................................ 7 Implementation and Timeline Proposal ........................................................................................ 15 Our Understanding of the City of San Carlos’ Needs .............................................................. 15 Project Methodology ............................................................................................................. 15 Phase 1.1 – Project Management, Data Gathering and Interviews .......................................... 16 Phase 1.2 – Needs Assessment and Recommendations Report ............................................ 18 Phase 1.3 – Request for Proposals Development ................................................................... 19 Phase 1.4 – Vendor Evaluation and Selection ........................................................................ 20 EAM System Implementation Project Management Support (Optional) .................................. 21 Project Timeline .................................................................................................................... 24 References .................................................................................................................................. 25 Modifications to Scope of Work .................................................................................................... 27 Fee Proposal................................................................................................................................ 28 Acknowledgement of City’s Standard Professional Services Agreement ....................................... 29 Signed and Completed Levine Act Disclosure .............................................................................. 30 Why Choose Sciens For Your EAM Project? .................................................................................. 31

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1 Consultant Profile

At Sciens, we understand that selecting and
implementing a new Public Works Enterprise System is an important and complex initiative for a city to undertake.

With over 35 years of experience supporting
municipalities, we’ve helped numerous public works
teams modernize how they manage infrastructure, crews,
and CIP from assessment through implementation.

Sciens partners are seasoned industry experts with over 60 years of combined technology consulting experience.

Many of our team members have worked in local
government roles themselves. We’ve sat in your seat,
faced the same operational challenges, and know how to
balance progress with practical constraints. We’ve also supported several cities successfully evaluate and
replace legacy systems including Lucity (CentralSquare
Enterprise Asset Management ( EAM) and understand the
technical and organizational complexities of making that transition.

Our firm’s story is best told not only through words, but through the numbers that highlight the scale, breadth,
and impact of our work.

Sciens by the Numbers

35+
Years of Public
Sector
Consulting
250+
Local Governments
Served
400+
Successful
Engagements
95%
Retention
Rate

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2 Company History
Based in the Dallas metro and serving local government agencies nationwide since 1989, Sciens helps cities and counties navigate an ever-changing landscape of Enterprise Asset Management (EAM) systems. Whether you’re evaluating your current platform, or planning a major transition to a new, integrated solution, Sciens implements real -world solutions to streamline Public Works operations and optimize inventory and asset management efficiencies.

Trusted Advisors in EAM Strategy, Selection & Implementation The City of San Carlos is taking an important step to modernize how Public Works plans, tracks, and delivers services. By evaluating and planning for a new integrated Public Works EAM system, the City seeks to optimize their asset management, work order processing, and CIP project management across its Public Works divisions and City Departments . This initiative is about more than technology; it’s about making your crews, supervisors, and managers more effective and better equipped to serve the community.

Sciens Consulting is uniquely qualified to partner with the City on this effort. We have guided numerous public works agencies across the country through comprehensive needs assessments, vendor evaluations, and implementation planning for enterprise systems , particularly in the areas of asset tracking, preventive maintenance, work order management, and CIP project oversight. Our team understands the day -to-day realities of Public Works operations as well as the technology landscape that supports them.

Why Sciens is the Best Fit
• Tailored Deliverables Focused on Your Goals: We build roadmaps and recommendations that fit the way your crews and supervisors actually work, not one-size-fits-all reports. • Deep Knowledge of Public Works Systems : We’ve worked with a wide range of asset management, work order, and project management platforms. We know what features save time in the field, what dashboards matter to supervisors, and what integrations keep data from getting siloed. • Long-Term Client Relationships: Our clients stay with us (many for decades) because we’re responsive, reliable, and committed to supporting them well beyond system selection and go-live. • Seasoned Experts with Local Government Experience: Our partners bring over 60 years of combined experience in public-sector operations, strategy, and enterprise system planning. We’ve worked with over 250 cities, counties, and utility districts across the country. • Vendor-Neutral, Independent Advice: We don’t sell software. We don’t take vendor commissions. Our only goal is to help you pick the system that makes your crew’s jobs easier and your operations more efficient.
• Hands-On, Collaborative Approach: We’re not just consultants who hand over a report. We sit down with your staff, walk your job sites, access your workflows, and guide you step -by-step through vendor evaluation, data migration, and implementation planning.

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3 Applicable Experience

Sciens has successfully supported public sector agencies across the country in selecting and implementing new Public Works Enterprise Systems. Our experience spans diverse municipal and county environments, each with its own operational complexity, technical infrastructure, and stakeholder engagement requirements. Below are a few representative projects of similar scope and scale:

Keller, TX – EAM Selection and Implementation
We supported the City of Keller, Texas, in the successful transition from CentralSquare Lucity to a modern EAM system. Our team led the development of detailed system specifications aligned with the City’s operational goals and future scalability needs. We facilitated the vendor selection process, ensuring a transparent and well - documented evaluation that resulted in the selection of a modern EAM system.

Following selection, we provided full project management services throughout the implementation, coordinating closely with City staff, vendor project teams, and stakeholders to ensure a smooth migration, effective data conversion, and seamless integration with existing systems. Our work helped position the City for long -term success with a modern, Geographic Information System (GIS) integrated asset management platform.

Norman, OK – EAM/Utility Billing Selection and Implementation We led the project management effort for the City of Norman, Oklahoma, in the successful implementation of a multi -vendor enterprise system that included Enterprise Resource Planning system (ERP) and EAM platforms, a new utility billing solution, and integration with the City’s 311 citizen service request system. Our team provided comprehensive oversight across all phases of the project, including vendor coordination, architectural design, interface development, testing, and system integration.

We were instrumental in designing the integrated architecture and managing the development of seamless data exchanges to support a fully connected EAM environment. Integration points included linking the EAM system with Utility Billing to capture asset -related costs, connecting ERP financials to track expenditures and recoveries, and ensuring 311 service requests were automatically routed into work orders for Public Works crews. These integrations provided end -to-end visibility of service requests, asset us age, and financial impacts, while reducing manual data entry and improving service response times.

Additionally, we facilitated the integration of third -party components outside of the primary platforms, ensuring full interoperability across departments. By aligning data exchanges with the City’s operational goals and technical standards, we helped Norman establish a sustainable, scalable solution that improved utility billing accuracy, enhanced asset management, and strengthened citizen service delivery.

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4 Plantation, FL – EAM Selection with Future Implementation We assisted the City of Plantation, Florida, in the successful selection of a modern EAM system integrated with Finance and H uman Capital Management . Our team performed a detailed functional analysis to align business needs with system capabilities, developed both existing and future -state integration diagrams to guide technical planning, and led the development of a comprehensive R equest for Proposals (RFP) that ensured competitive vendor responses.

We also supported the City in negotiating a multi -year implementation agreement with the selected vendors that balanced cost, scope, and long-term support. With the project scheduled to kick off in January 2026, our role will extend into project management, where we will oversee the execution and ensure successful delivery across all phases of the implementation.

North Richland Hills – EAM Selection and Implementation We led the selection and implementation effort for the City of North Richland Hills, Texas, as part of a city-wide ERP replacement initiative. This complex effort required ensuring seamless communication and integration across multiple systems, with consolidated financial reporting on the backe nd to support the City’s Finance system. Our oversight ensured that labor rates flowed accurately from the payroll system into financial reporting and that data across Finance, HCM, and Payroll modules remained synchronized and reliable.

In addition to the core ERP modules, the project required integration with the City’s Permitting and Inspections system to support Public Works inspections and Code Enforcement activities. By linking permitting data with ERP functionality, the City gained better visibility into operational costs, inspection workloads, and compliance tracking allowing field and administrative staff to operate from a single source of truth.

Our team provided comprehensive project management, including vendor coordination, payroll parallel testing, benefits module deployment, and data migration. We facilitated issue resolution, risk management, and configuration alignment throughout the proces s. As a result, the City now operates within a fully integrated ERP environment that supports accurate reporting, streamlined operations, and greater efficiency across Public Works and other City operational departments.

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5 Experience with Local Government Clients
Sciens brings unmatched experience working with hundreds of local governments to modernize their technology landscapes and optimize day -to-day operations. Every engagement with a city is thoughtfully tailored, grounded in real-world constraints, and focused on delivering sustainable, actionable results. Below is a summary of some of our recent clients we have assisted with their technology projects.

• Ada, OK
• Alachua County, FL
• Allen, TX
• Amarillo, TX
• Bi-County Police
Information Network, WA
• Boone County, KY
• Burleson, TX
• Carrollton, TX
• Cedar Park, TX
• Charlotte, NC
• Citibank
• Cleburne, TX
• Colleyville, TX
• Collier County, FL
• Collin County, TX
• Columbia, MO
• Columbus, OH
• Conroe, TX
• Dallas County, TX
• Danville, VA
• Deer Park, TX
• Delray Beach, FL
• DeSoto, TX
• Ector County, TX
• Fort Lauderdale, FL
• Franklin & Benton
Counties, WA
• Gilbert, AZ
• Greene County, MO
• Hastings, NE
• Hialeah, FL
• Hillsborough County, FL
• Indianapolis, IN
• Irving, TX
• Jacksonville Beach, FL
• Johnson County, TX
• Jupiter, FL
• Jupiter and Palm Beach
Gardens, FL
• Keller, TX
• Kennewick, WA
• Lancaster County, Sc
• Lincoln, MA
• Loveland, CO
• Lubbock, TX
• Martin County, FL
• Maui County, HI
• McKinney, TX
• Mecklenburg County, NC
• Mesa, AZ
• Miami International
Airport, FL
• Norcross, GA
• Norman, OK
• North Richland Hills, TX
• North Central Texas
Council of Governments
• Northampton County, PA
• O’Hare International
Airport, IL
• Odessa, TX
• Onondaga County and
Syracuse, NY
• Owensboro, KY
• Oxnard, CA
• Palm Beach Sheriff’s
Office, FL
• Palm Beach, FL
• Parkland, FL
• Pearland, TX
• Plano, TX
• Plantation, FL
• Polk County, FL
• Pompano Beach, FL
• Port Arthur, TX
• Prosper, TX
• Richardson, TX
• Richland, TX
• Richland, WA
• Sony Corporation
• Southlake, TX
• Spartanburg County Parks
& Rec Commission, SC
• St. Petersburg, FL
• Sugarland, TX
• Sun Prairie, WI
• Sunrise, FL
• Syracuse, NY
• Truckee, CA
• Universal Studios, Japan
• University Park, TX
• Victoria, BC, Canada
• Waco, TX
• Wayne County Probate
Court, FL
• Westlake, TX
• Westminster, CA
• Wichita Falls, TX
• Wilmette County, IL
• Wylie, TX
• Yuma, AZ

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6 Experience with Enterprise Asset Management Products
As a truly local government EAM consulting firm, Sciens offers objective, vendor-neutral guidance backed by deep knowledge of the software landscape.

We have led local government clients across the country through the full lifecycle of EAM transformation, from needs assessment and system selection , to contract negotiation and successful implementation. Our team has hands-on experience with a wide range of EAM platforms, ensuring we bring practical insight and proven strategies tailored to each client’s goals. Below is a list of EAM systems with which we have recent, hands-on experience.

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7 Staff Qualifications and Experience
The foundation of a successful project is assembling a highly qualified team supported by a clear and disciplined framework for execution. In our experience, the strongest outcomes are achieved through partnerships built on trust, respect, and accountability. As outlined in the project organization below, Sciens will integrate seamlessly with the City’s project management team while establishing a formal governance structure to guide planning, execution, and quality assurance.

To deliver on this commitment, the following Sciens team members will bring the specialized expertise required to support the City throughout the project lifecycle:

We are 100% committed to the success of the City’s Public Works Enterprise System project. Working with executive management and end users, the Sciens team provides leadership and execution expertise to ensure the project stays within budget and schedule. Other members of the Sciens team may be brought in throughout the project as needed. We have a large pool of resources in our firm that we can draw from to ensure that our quality will stay consistent throughout the lifecycle of the project.

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8 Ernest Pages – Engagement Lead
Ernest oversees the modernization initiatives for city governments, guiding teams in ERP and EAM projects. He oversees the practice and provides experienced systems integration planning, selection, and contract negotiation expertise, ensuring business needs drive technology decisions. His experience includes transitions from legacy ERP/EAM systems to modern platforms . With expertise in Information Technology ( IT) governance, risk management, and system integrations (including GIS), he helps cities fully le verage new enterprise systems while maintaining operational continuity.

As Engagement Lead for the City’s Public Works Enterprise System for Asset Management, Work Orders, and Project Management project, Ernest will have overall responsibility for delivering the services outlined in our proposal. He will ensure Sciens commits the right expertise and resources to support the City’s needs.

Steven Barcey – Project Manager
Steven Barcey, a Sciens partner, has been with the firm for 10 years as an EAM/ERP consulting leader. Steven brings a unique blend of financial economics, risk management, and municipal systems expertise to help cities modernize technology investments. He has led business process reengineering, large-scale EAM/ERP software needs analyses, and system procurements for diverse municipalities in addition to developing specifications, evaluating vendors, and supporting contract negotiations and implementations. Steven is well equipped to assist the City on a day-to-day basis in identifying and procuring an integrated software solution that supports asset management, work order processing, and CIP project management across the City’s Public Works divisions and departments to ensure alignment with City priorities.

As Project Manager for the City’s Public Works Enterprise System for Asset Management, Work Orders, and Project Management project, Steven will be the primary liaison between City staff and Sciens, ensuring clear communication and coordinated activities throughout the engagement.

Sarah Martin – Business Process SME
Sarah Martin has been with the firm for 5 years and is a seasoned project manager with over 20 years of experience leading EAM/ERP evaluations, needs analyses, selections, and large -scale business system implementations. She brings her tenure experience managing EAM/ERP implementations for public agencies, where she guided financial and HR module conversions, data migrations, and end -user training. Sarah excels at aligning system design with client expectations, documenting and optimizing processes, and dri ving projects to on-time, on-budget completion. With this expertise, she is well prepared to streamline workflows, identify system requirements, and deliver a thorough analysis of the City’s needs.

As Business Process SME for the City’s Public Works Enterprise System for Asset Management, Work Orders, and Project Management project , Sarah will advise on best practices for all current financial processes ensuring future systems are configured to align with the City’s workflows and operational needs.

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9 Steven Graves – Technical Advisor
Steven Graves has been with the firm for 6 years and offers more than 30 years of local government technology leadership, bringing practical, hands-on experience in aligning IT strategy with municipal operations. As a retired Chief Information Officer for the City of Richardson, Texas, he directed large teams deploying complex enterprise systems, standardizing applications, and building technology roadmaps that improved service delivery and reduced risk. Steven’s deep expertise in EAM/ERP software needs analysis, system assessment, resource planning, and contract negotiations uniquely positions him to help the City evaluate its current technology environment and plan a secure, cost-effective transition to a new unified system. His background in cloud and hybrid architectures also enables him to advise on future -ready solutions that maximize the City’s new system investment.

As Technical Advisor for the City’s Public Works Enterprise System for Asset Management, Work Orders, and Project Management project , Steven will guide best practices for technical and strategic processes, leveraging over 30 years of municipal IT experience to support a secure, efficient transition to a new system based on the City’s needs.

Lani Munguia – Deliverables Writer
Lani Munguia has been with the firm for 5 years and brings more than a decade of combined Human Resources leadership and Information Systems management experience, including eight years focused on Enterprise and timekeeping solutions. At Sciens, Lani has provided market research, consultant support, and technical writing proficiency. She has assisted in EAM/ERP software needs analyses, contributing to gap analyses, vendor evaluations, and process mapping for multiple public-sector clients.

As a Deliverables Writer, Lani will provide support to the main team members as needed.

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10 Summary
Ernest is an internationally recognized operations management expert with over 25 years of experience advising public and private -sector leaders on strategic operations improvements spanning financial management, work process optimization, and technology m odernization. He combines deep technical knowledge with business insight to deliver effective EAM/ERP needs analyses, system selections, and implementations for municipalities and other organizations.

Relevant Experience
Executive Leadership
Ernest has directed enterprise system planning for over 80 local governments, leading efforts to evaluate and procure software solutions. He has developed RFPs, facilitated stakeholder interviews and workshops, and supported vendor demonstrations, scoring, and contract negotiations. His focus is on reducing risk, aligning system capabilities with citywide goals, and delivering cost-effective and future-ready technology investments.

Municipal EAM/ERP Modernization & Process Improvement
He has conducted dozens of enterprise needs assessments and gap analyses for city and county governments. Ernest brings specific experience in evaluating legacy platforms, identifying integration challenges, and designing strategies to support seamless GIS integration, mobile access, and cross-departmental data sharing.

Technology Strategy, Risk & Continuity Planning
Ernest has overseen IT governance reviews, system redesigns, and disaster recovery planning using COBIT and ITIL best practices. He is skilled at designing resilient hybrid, cloud, and on -premises system configurations, ensuring security, scalability, and operational continuity. He has worked closely with municipal GIS vendors to align enterprise asset systems with geospatial data infrastructure, ensuring accurate, real -time updates and cross-departmental accessibility.

Recent Clients
Norman, OK
Plantation, FL
Keller, TX
North Richland Hills, TX
Boone County, KY
Conroe, TX
Delray Beach, FL
Hastings, NE
Kennewick, WA
McKinney, TX
Moore, OK
Owensboro, KY
Oxnard, CA
Plano, TX
Prosper, TX
Southlake, TX
Truckee, CA
Waco, TX
Westminster, CA

Education
University of Miami School of
Business
Masters of Business
Administration

Florida Atlantic University
School of Engineering
Bachelors of Science in
Mechanical Engineering

Ernest Pages
Engagement Lead

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11 Summary
Steven leverages his expertise in financial economics, risk management, business analysis, and strategic management consulting to deliver practical, data-driven solutions to local governments. He has developed strategic master plans for cities of varying s ize and technological maturity and stays current on emerging technologies, governance best practices, and evolving municipal service demands.

Relevant Experience
Enterprise Project Management
Steven has managed numerous municipal enterprise system projects, providing oversight across Finance, Human Resources, Utility Billing, Citizen Portals, and Public Works functions. He has led needs assessments, defined functional and technical requirements , guided change management strategies, and supported implementation planning to ensure successful system transitions that minimize disruption and reduce organizational risk.

Municipal Process & Data Planning
He has worked extensively with city departments to analyze operations, map existing workflows, and document opportunities for modernization. Steven has designed new processes, trained staff, and developed specifications that support asset management, work order processing, and CIP project management. His facilitation of stakeholder engagement, vendor evaluations, and demonstrations ensures solutions are cost -effective, user- friendly, and aligned with community priorities.

Enterprise Procurement & Evaluation
Steven has authored RFPs and procurement documents addressing cloud hosting, pricing structures, technical requirements, and municipal contractual standards. He has conducted objective scoring of proposals, overseen vendor demonstrations, and prepared fina l recommendations to city management. His work ensures enterprise system investments are future-ready, scalable, and in step with best practices in local government technology.

Recent Clients
Plantation, FL
Keller, TX
North Richland Hills, TX
Boone County, KY
Conroe, TX
Delray Beach, FL
Johnson County, TX
Kennewick, WA
Lubbock, TX
Moore, OK
Owensboro, KY
Oxnard, CA
Plano, TX
Prosper, TX
Southlake, TX
Truckee, CA
Waco, TX
Westminster, CA

Education
University of Texas
Bachelors of Science in
Finance and Economics

Steven Barcey
Project Manager

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12 Summary
Sarah is a seasoned leader and project manager with over 20 years of experience managing technology implementations, evaluations, and business process optimization for public -sector organizations. She has led Enterprise software projects for numerous city and county governments, providing actionable recommendations to guide system selection, migration planning, and process improvement.

Relevant Experience
Asset Management Expertise
She brings deep knowledge of municipal Public Works operations, asset lifecycle management, capital planning, and maintenance tracking. Sarah has supported governments in aligning asset management systems with compliance standards, service delivery goals, and financial accountability requirements.

Enterprise Transition & Implementation Management
Sarah has directed large -scale enterprise transitions, overseeing the implementation of Asset Management, Work Order, Utility, and related systems into new enterprise environments. She has led stakeholder engagement across Public Works, Utilities, and othe r operational departments, conducted needs assessments, and defined requirements to support smooth transitions.

Process Mapping & Needs Assessment
Sarah has performed detailed workflow and gap analyses for dozens of municipalities, helping identify efficiency opportunities across Public Works, Utilities, and Infrastructure Management. She has facilitated vendor demonstrations and evaluations, develop ed system requirements, and provided roadmaps for successful asset management modernization. Her work ensures municipalities adopt technology solutions that extend asset life, improve service delivery, strengthen accountability, and reduce long - term risk.

Recent Clients
Plantation, FL
Keller, TX
Town of Prosper, TX
City of Cleburne, TX
City of Longview, TX
Haltom City, TX
North Richland Hills, TX
Longmont, CO
Vallejo Flood and Wastewater,
CA
Ector County ISD, TX
Richardson ISD, TX
Leander ISD, TX
YES Prep Public Schools

Specialization
Leadership
Systems Analysis, Selection &
Procurement
Data Management
Business Process Analysis
Project Management

Sarah Martin
Business Process SME

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13 Summary
With more than 30 years in local government technology leadership, Steven applies practical, hands -on experience to solving complex IT challenges, managing resources, mitigating risk, and guiding municipalities through modernization initiatives. He has led Enterprise software needs analyses for multiple local governments, providing actionable recommendations on system selection, migration, and enterprise architecture improvements. Prior to joining Sciens Consulting, Steven served as Chief Information Office r for the City of Richardson, Texas, where he managed a staff of over thirty professionals at two locations.

Relevant Experience
Enterprise Systems Strategy & Deployment
Steven has led multiple municipal Enterprise implementations and system portfolio realignments to improve efficiency and long -term sustainability. He has managed needs assessments, defined technical requirements, and developed strategies for standardization and simplification, helping local governments transition to cohesive, maintainable enterprise architectures.

Technology Assessment & Planning
He has conducted technology environment assessments for city governments to identify risks, gaps, and opportunities. Steven develops forward-looking roadmaps that align enterprise platforms , including asset, work order, and project management systems, with operational priorities and best practices. His recommendations support scalable modernization and improved user satisfaction.

Technology Budgeting & Cloud/Outsourcing
Steven has directed all technology planning, budgeting, and operational initiatives for a 1,000+ employee local government, making executive decisions on IT development, expansion, and hybrid cloud strategies using AWS and Microsoft Azure to ensure cost -effective, secure solutions. His expertise supports municipalities in selecting scalable enterprise platforms.

Recent Clients
Keller, TX
Plano, TX
Prosper, TX
Lubbock, TX
McKinney, TX
Moore, OK
Cleburne, TX
Johnson County, TX
Westminster, CO

Specialization
Applications Development
City-wide Applications Strategy
Public Safety System
Deployment
Capital Planning & Zero-based
Budgeting
Data Center Operations
Voice/Data Communications
WiMAX 4.9 / Mesh Wireless
Planning
Cloud/Outsourcing Models
IT Green Initiatives
Disaster Recovery Planning
SCADA Water Systems
Trunked Radio Systems
NexGen 911 Systems

Steven Graves
Technical Advisor

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14 Summary
Lani has more than 12 years of combined Local Government and Information Systems management experience and over eight years working directly with Enterprise and timekeeping systems. Lani has provided market research, consultant support, and technical writing proficiency. She has assisted in EAM/ERP software needs analyses, contributing to gap analyses, vendor evaluations, and process mapping for multiple public-sector clients.

Relevant Experience
Deliverable Writing & Business Analytics
Lani provides high quality business analysis services to local government clients. She brings strong communication and critical thinking skills to software system selection and implementation projects, and is adept at coordinating communications between staff, vendors, system implementors, and Sciens. She assists with scheduling, reporting, and contributing to project deliverables.

Enterprise System Applications Procurement
Lani has developed procurement documents for local governments that include optional cloud -hosting, alternate pricing, contractual requirements, end-user functional requirements, technical environment limitations, and prioritization criteria. She has provided objective evaluation and ranking of proposals, guided and evaluated vendor demonstrations, and delivered final reports with actionable recommendations. Her work has supported EAM/ERP software needs analyses and vendor selection for multiple public -sector clients.

Technology Assessment & Planning
Lani provides robust support to local governments implementing and transitioning E AM systems. H er strong written and verbal skills make h er effective at coordinating communications among city staff, vendors, and project teams. Lani contributes to best -practice research, project documentation, and meeting logistics to ensure needs assessments and procurement activities run smoothly for municipalities.

Recent Clients
Keller, TX
City of Cibolo, TX
Lancaster County, SC
Plantation, FL
Forney, TX
Town of Prosper, TX
Boone County, KY
City of Cleburne, TX
City of Longview, TX
Haltom City, TX
North Richland Hills, TX
YES Prep Public Schools

Specialization
Project Management
Team Building
Systems Analysis, Selection &
Procurement
Human Resources Business
Processes
Finance Business Processes
Data Management
Business Process Analysis
Leadership
Time Keeping Systems

Education
Angelo State University
Bachelors of Business in
Marketing

Lani Munguia
Deliverables Writer

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15 Implementation and Timeline Proposal

Our Understanding of the City of San Carlos’ Needs
The City of San Carlos has utilized its current Lucity EAM system for asset and work order management for nearly a decade, supporting approximately 25 active users. The new system must offer robust GIS integration, mobile compatibility, and the ability to centralize operational data across all City Departments and seven Public Works Divisions: Sewers, Streets, Traffic, Storm, Parks, Facilities, and Fleet. The City expressed that while the Lucity system initially met its needs, it was not regularly updated or supported by dedicated staff. As operations have expanded, the system has become outdated, lacking modern GIS integration and interoperability with other City systems. Staff rely on spreadsheets and CalCAD for GIS support, an approach that is costly, difficult to maintain, and limits effective management of assets, work orders, and projects.

Upon careful review of the RFP, we understand the following services are being requested:
➢ Needs assessment and stakeholder interviews
➢ Requirements gathering
➢ Market research and vendor comparisons
➢ RFP preparation and evaluation of solutions providers ➢ Facilitating demos, scoring, and a final recommendation.

As such, Sciens has developed the following Scope of Work to support the City in identifying and procuring an integrated EAM software solution.

Project Methodology
The project is managed hand-in-hand with the City, with Sciens’ leadership every step of the way. The phase breakdown of our methodology is shown below.

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16 Phase 1.1 – Project Management, Data Gathering and Interviews Phase 1.1 will establish the foundation for the project by defining the business context, evaluating existing processes, and identifying opportunities for operational improvement. This phase will focus on understanding how the City of San Carlos currently utilizes its asset, work order, and project management systems, and determining what functional, technical, and process changes may be required to meet future needs.

We begin by evaluating:
• The reliability of data, queries, and reports
• Possible use of ancillary technologies to automate functions, such as: bar coding in inventory control and field automation for data entry/retrieval • Use of geo -data for address entry/lookup and validation to minimize data entry errors
• How much current processes rely on manual effort
• Process areas prone to errors (e.g., open text entry, missing required fields) • Whether the current EAM supports future technologies like AI and real-time dashboards.

In addition, we examine the business case for and make recommendations to the City regarding possible future EAM delivery models: on-premise and cloud methods, specifically:
• On-Premise: On-premise delivery models assume that businesses license EAM software and install it on computers at their location. EAM software users are responsible for buying computer hardware and software for these solutions. They are also responsible for applying any software upgrades, patches or fixes provided by the software vendor.
• Cloud Delivery : Cloud delivery models allow the software user to use application software on another firm’s computing equipment; in the case of some EAM vendors, it runs on their system in their data center.

Pricing for these solutions is often done on a monthly basis and may scale up or down based on a customer’s usage of the product. This environment also means that software users to do not have to perform software maintenance and upgrade activities with their own internal staff. • Hybrid Solution: In a hybrid environment, a software vendor can offer multiple methods for deploying the software. It can be used on -premise, hosted on the vendor’s cloud or on another firm’s cloud. These solutions may also possess the flexibility to go from on -demand to on-premise (and in some cases back to on-demand) to give you the ability to bring an application in -house should they anticipate the need to make modifications that exceed the capabilities of the standard cloud offering.

Sciens recognizes that the City’s current IT environment is a hybrid of cloud -based and on-premises hosting.

Looking forward, the City has expressed a preference for Software -as-a-Service (SaaS) solutions that offer vendor-supported, upgradeable Application Programming Interfaces (APIs). These capabilities are critical to ensuring interoperability with both existing and future applications, supporting seamless integration, scalability, and long-term system sustainability.

Next, we meet with staff onsite to gather input, discuss gaps in workflow and define system requirements. We also begin reviewing hardware, software, training, integration points, and support processes.

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17 Key activities in this phase include:
• On-Site Interiviews – We conduct end user/mangement interview sessions relevant to business processes. • City Strategic Direction and Goals – We collaborate with City leaders to understand strategic goals and define how a modern EAM system can support them.
• Functional and Business Process Review – We meet with cross -functional teams consisting of department representatives knowledgeable in their portion of the business process and actively utilize the current EAM system. During these meetings, we capture:
o Workflow and business process limitations of the existing system o Financial reporting capabilities focused on City-specific needs o Budget and grant tracking functionality or limitations o Manual recurring data entry to/from the current system with other ancillary systems o SWOT Analysis (Strengths, Weaknesses, Opportunities, Threats) of current processes.

Business Process Review Areas
Service Requests
• Types of Service Requests
• Service Requests Entry
• Mobile & 311
• Review & Prioritization
• Transfer to Work Order

Work Orders
• Types of Work Orders
• Work Order Creation
• Prioritization & Scheduling
• Work Order Process
• Labor Rate Calculation
• Tying Inventory to Wos

Project Management for CIPs
• Types of CIPs
• Tracking
• Project Management
• Budget Management
• Contract Management

Inventory Management
• Types of Inventories
• Warehouses
• Inventory Control
• Procurement
• Inventory Counts

Asset Management
• Asset Entry
• GIS (Layers, Attributes)
• Asset Tracking
• Asset
Valuation/Depreciation/
Replacement Cost
GIS
• GIS Layers
• GIS Attributes
• Assets Stored in GIS
• Entering GIS data
• GIS Integration

Reporting
• Service Request Metrics
• Work Order Reporting
• Inventory Reporting
• Asset Reporting
• Field Mobility
• Dashboards and Analytics
• Organziational C hange Management (OCM ) – Sciens embeds Organizational Change Management throughout all phases of the project to ensure staff are engaged, informed, and supported. Our approach emphasizes early involvement, clear communication, and opportunities for employees to provide input, helping build buy-in and foster a smooth transition to the new system. • Technology and Infrastructure Review – We work with IT staff to review the City’s current technical environment, including servers, network infrastructure, and business applications , to determine how to support a modern EAM system. This helps identify any upgrades or changes that may be needed to ensure system compatibility, minimize disruptions and reduce the need for future technical rework.

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18 • Integration Review – During both business process and IT Department discussions, we examine systems currently integrated with the EAM and assess ways to streamline and improve them. • System Support Review – We evaluate how the current system is being supported based on interviews with the IT staff and end-user support staff, including:
o Level of support provided by current EAM vendor, including responsiveness and escalation process o City's reliance on external support for issue resolution and system changes o Internal IT support structure for handling back-end administrative tasks. • CalCAD GIS Review – We will assess the City’s GIS and CalCAD environment, including current workflows, integration points, and overall support structure. This review will help define how GIS/CalCAD should align and integrate with the future Asset Management System for the most effective solution.

Phase 1.2 – Needs Assessment and Recommendations Report Building on the findings from Phase 1.1, Sciens will produce a comprehensive report that clearly documents the City of San Carlos ’ current Public Works system environment and outlines a practical roadmap for its future enterprise system. This report will be developed and used as the foundational element to the City’s RFP.

Needs Assessment and Recommendations
Sciens will perform a full evaluation of the City’s existing EAM and related systems, including Asset Management, Work Order Management, Project Management, and other core functions. Sciens will:
• Document the current state of the Public Works environment, system integrations, and support structures.
• Capture the City’s vision for a modern, fully integrated software solution. • Define functional and technical requirements for each department, including infrastructure, application architecture, integration needs, security, and support expectations.
• Provide targeted recommendations for improving business processes, reducing redundancies, and moving toward industry best practices.
• Provide recommendations regarding GIS and CalCAD ensuring integration and optimization opportunities are considered.
• OCM: Evaluate the Town’s readiness for change, including staffing capacity, support levels, and the organizational requirements needed for a successful implementation. This review identifies where additional resources, training, or communication efforts may be needed and outlines a practical OCM approach that prepares staff, builds buy -in, and ensures departments are equipped to support the transition to a new system.

System Selection Roadmap with Cost/Timeline Estimates
Within this report, Sciens will also develop an initial budget and implementation timeline to guide the City’s planning efforts. Drawing on our extensive experience with local government EAM projects and the

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19 information gathered during the assessment, we will prepare cost estimates covering required modules, interfaces, hardware, and services. These will be presented as high and low -range figures to give the City flexibility during budget development.

The preliminary timeline will outline a realistic sequence of activities , from procurement and configuration through phased implementation and change management , based on industry standards and the City’s organizational capacity for change.

Phase 1.3 – Request for Proposals Development
In this phase, Sciens works closely with the City and its Purchasing team to develop a complete Request for Proposals (RFP) package.

We begin by drafting detailed functional specifications based on the findings from the interviews and data gathering conducted in Phase 1.1. Once reviewed and approved by the City, these specifications are compiled into the RFP package, along with structured response forms and supporting documentation.

Specifically, the compiled RFP package includes:
• RFP Narrative – The RFP Narrative serves as the core of the RFP package. It provides vendors with essential context and clear instructions for submitting a complete and compliant proposal. The narrative outlines why the City is replacing its EAM system, what goals and objectives the new system is intended to achieve, and a summary of the current and future application environment.

It also includes detailed sections on:
o Infrastructure and hosting requirements
o Maintenance and support expectations
o Implementation approach and timeline
o Acceptance testing criteria
o Contractual requirements and terms.

Needs Assessment and Recommendations Report
✓ Business Process Review of Departments
✓ City Management Vision and Goals
✓ IT/Backend Technical Review
✓ Applications Integration Diagram
✓ Current/Future State Analysis
✓ High-level Requirements Matrix
✓ Financial Reporting Limitations
✓ EAM Vendor Marketplace
✓ Analysis Recommended Next Steps
✓ Staffing Requirements to Support New EAM
✓ EAM Implementation Timeline
✓ Preliminary Budget Breakdown
✓ Change Management Recommendations
✓ Risk Mitigation Strategy

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20 • Functional Requirements – Sciens develops tailored specifications based on input gathered during earlier phases. Specifications include software (functional) requirements grouped by major components of the EAM system which can include: Asset Management, Work Order Management, Project Management, and other core functions.
• Technical Specifications – In addition, infrastructure specifications are created that define technical requirements including system architecture (On-Premises vs. Cloud), network design, server and storage needs, database compatibility, security, scalability, performance, system backup, and integration capabilities.
• Vendor Response Forms - Sciens develops formal, structured response forms that vendors are required to complete as part of their proposal submission. These forms are designed to ensure that all vendors answer questions in a standardized format, allowing the City to make clear, side -by-side comparisons across key functional, technical, and service areas. In addition, detailed pricing sheets are included to establish uniform pricing parameters, ensuring consistency in vendor cost proposals and eliminating hidden or non-comparable pricing components.

As part of the RFP definition process and prior to its release to the marketplace, Sciens collaborates with the City to define the evaluation criteria and assign weights to key scoring categories. This ensures that all vendor proposals are assessed consistently and reflect the City's priorities. Sciens also reviews the complete RFP package with the project team to finalize language and confirm all components are ready for release. Once approved, the package is submitted for publication by the Purchasing department, with support from Sciens.

Phase 1.4 – Vendor Evaluation and Selection
In Phase 1.4, Sciens supports the City throughout the evaluation and selection process for E AM vendors. We guide the City in reviewing submitted proposals, shortlisting vendors for demonstrations, scoring performance, and making a final selection. This phase also includes reference checks, site visit feedback, and contract and statement of work (SOW) negotiation support.

Sciens facilitates this process by coordinating the Bidders’ Conference, evaluating vendor submissions for compliance with RFP requirements, and using a structured Vendor Evaluation Matrix to track performance across all evaluation steps. We work closely w ith the City to ensure that both technical and business needs are objectively assessed and reflected in the final decision.

Once all proposals and demonstrations have been evaluated, Sciens assists the City in selecting a finalist and supports contract and SOW development.

Specifically, this phase involves the following activities:
• Bidders’ Conference and Vendor Q&A Addendum – Shortly after the RFP is released, Sciens coordinates and proctors the Bidders’ Conference via MS Teams. At the conference, the City presents an overview of the RFP, outlines its objectives, and answers vendor questions. Following the meeting, Sciens drafts a formal Q&A addendum summarizing responses to all submitted questions, which is posted by the City as an official RFP update.

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21 • Vendor Evaluation Matrix – Sciens develops a weighted scoring matrix to evaluate each vendor’s performance at all stages of the process , proposal review, demonstrations, pricing, and more. This tool ensures consistent and objective evaluation across all categories. • 10-Year Total Cost Analysis – To provide a long -term cost perspective, Sciens prepares a 10 -year total cost of ownership (TCO) model for each vendor. These cost estimates are incorporated into the evaluation matrix and contribute to the final scoring and ranking. • Vendor Proposals Evaluation – Sciens leads the review of vendor proposals using the evaluation matrix, assessing each submission for technical and functional compliance, completeness, and overall fit with the City’s goals. We also guide the City’s internal project team in conducting their own evaluations, ensuring all perspectives are considered.
• Vendor Shortlist and Demonstration Selection – Based on proposal evaluations and cost analysis, Sciens and the City identify a shortlist of up to three vendors to participate in system demonstrations. This shortlist reflects the vendors’ estimated ability to meet the City’s system requirements. • Vendor Demonstrations – Sciens manages and facilitates up to three vendor demonstration days ( three vendors, one day each ). We provide scoring tools for City staff to evaluate each demonstration consistently. If requested, Sciens will also score vendor performance independently. Results are compiled and added to the evaluation matrix.
• Contract and Statement of Work (SOW) Negotiation Support – Once a vendor is selected, Sciens supports the City through up to 40 hours of contract and SOW review and negotiation. We work closely with the City to review vendor documents, participate in negotiations, and help ensure the final agreement reflects the City’s goals and setup for a successful and collaborative implementation.

Phase 2 of the project , implementation of the selected EAM system , will commence once the City has executed a contract with the chosen vendor. At that point, Sciens will work with the vendor and City staff to initiate project planning activities, confirm scope and responsibilities, finalize the schedule, and prepare departments for the upcoming configuration, data migration, testing, training, and go-live activities.

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22 Phase 2.1 – Project Implementation Assessment & Planning Throughout all phases of implementation, the Sciens team will assist the City with implementation management of the new system, including project planning and governance, vendor supervision, and expert guidance during each module’s business process analysis.

Complex, technical projects are prone to failure; however, that failure is largely due to inadequate or insufficient project planning and management. While the vendor typically provides a project manager, their mission is to represent the interests of the vendor, not the City; and, the project typically is larger than the scope being overseen by the vendor. Sciens will work with the City to ensure that activities critical to the project’s success are planned and executed well, and that sufficient vendor oversight is provided to ensure the project is successful and remains on schedule and budget.

The specific tasks performed as part of project management are as follows:
• Implementation Governance : Assist the City with establishment of a project steering committee that govern the implementation of the new system and ensure that all stakeholders/users have a voice in the new system definition. • Establish Project Teams: Assist the City with identification of roles to be filled on the project teams, by phase, including subject matter experts (SMEs), business leads and IT leads. Provide characteristics of individuals that make strong, successful team members.
• GIS Planning : Sciens will work with the City to review the current state of GIS readiness for the EAM system, identify gap areas, define the timeline for closing gaps, identify resources assigned responsibility for closing the gaps, and follow up and milestone goals. • Change Management Planning : Sciens will work with the City to plan for change management that focuses on clear communications and maintaining a positive perception of the system change for the duration of the project.
• Data Conversion Planning: Sciens will work with the City and Vendor to plan for data conversion detailing data sources, resources required, validation and testing methods, schedules, and follow up and milestone goals for staff.
• End User Training Planning : Sciens will work with the City and Vendor to plan for training detailing (a) required training by user group, (b) timing, and (c) logistical requirements. • Risk Mitigation Planning : Sciens will work with the City to identify Vendor -dependent (e.g., data conversion) and non -Vendor-dependent (e.g., City resources availability) project risks. Create a project risk register which the Project Management team will use to identify the prob ability of risks occurring, potential impact on the project (including dependencies), mitigation actions to be taken, and assignment of resources responsible for mitigation.
• Comprehensive Project Implementation Planning : Sciens will work with the City and the Vendor to conduct upfront project planning and define the Vendor’s Project Plan. This will include a review of materials, conference calls and onsite participation in the kickoff and negotiation of the Plan. The Pla n and GANTT should include both vendor activity (e.g., system installation, configuration, data conversion,

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23 training) and non -vendor activity (e.g., change management, infrastructure setup, risk management planning, disaster recovery planning) required to make the project successful including follow up for milestones and goals.

Phase 2.2 – Project Implementation Management Support
In Phase 2.2, the Sciens team will assist the City with project management of the implementation, including Project Plan and GANTT execution and vendor supervision. Phase 2.2 will be executed through onsite project management meetings and remote project management activities, including regular weekly conference calls with the City’s Project Management Team and separate calls with the Vendor.

Specifically, this include:
• Onsite Project Review Meetings : Sciens will conduct periodic onsite visits in coordination with the City and the Vendor to support key project activities, including initial analysis sessions, staff training, and go -live support. These onsite engagements help ensure alignment, monitor progress, and address any emerging needs. While actual timing will depend on the project, approximately three onsite trips are anticipated. • Ongoing Remote Project Management Advisement : Assist the City in active management of the vendor and its execution of the project over the project implementation by actively participating in weekly Vendor Management Calls for the duration of the project to assist with keeping tasks and resources on schedule; includes review of the overall project, progress against both schedule and budget, and review of Risk Register and Change Management requests. Provide guidance and expertise on configuration and system setup following best practice methodology leveraging Sciens’ team of consultants throughout the project.

The City will need to assign a project analyst/coordinator to assist with this project internally for the City.

Sciens will work directly with them to ensure that activities critical to the project’s success are planned and executed well, and that vendor oversight is provided to ensure the project is successful and remains on schedule and budget.

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24 Project Timeline
A draft GANTT chart for this project, identifying the major tasks with anticipated start and completion timelines, and milestones, is shown below. Consultant selection is estimated to begin the week of November 3, 2025. The contract effective date is estimated to be in place by January 5, 2026. Implementation is estimated to begin in 2027. Sciens is available to start at any time and will work with the City to arrive at a schedule that meets your objectives and deadlines.

ID Task Name Start Finish
Q4 25
JulMar Apr Aug SepMay
1 2
3 6
7 8
9 10
11 12
13 14
2/6/20261/5/20261.1 Project Management, Data Gathering & Interviews 1/23/20261/5/2026Project Kickoff and Initial Data Gathering 2/6/20261/26/2026Onsite Department Interviews
4/24/20263/11/20261.3 Request for Proposals Development 3/31/20263/11/2026Technical Specifications Development
4/24/20264/1/2026RFP Development
8/27/20264/27/20261.4 Vendor Evaluation & Selection
5/26/20264/27/2026Vendor Proposal Development
6/12/20265/27/2026Bidders Conference, Q&A Addendum, Vendor Evaluation Matrix, Proposals Evaluation
7/8/20266/15/2026Short List Notification & Vendor Preparation for Demonstrations
7/29/20267/9/2026Vendor Demonstrations
8/27/20267/30/2026Contract and SOW Negotiations
JunFeb
4 3/10/20262/9/20261.2 Needs Assessment & Recommendations Report 5 3/10/20262/9/2026Needs Assessment Development
Jan
Q1 26 Q3 26
Dec
Q2 26

3 WHAT HAPPENS DURING THE FIRST FEW WEEKS AFTER YOU BECOME A CLIENT? Once we receive the signed engagement letter, we immediately begin the client set -up process and have a kickoff meeting with you and your team. In this meeting, we iron out the schedule above and begin preparing you for the interviews and data collection process.

Meeting Plan Execute

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25 References

While all of our clients are referenceable, we have highlighted a few clients who selected Sciens to develop assist them with assessing, selecting and implementing their new systems. These projects have all occurred within the last few years and are similar in scope to the City’s project.

Project Information Details
Name of Organization City of Keller, Texas
Population Size Population: 45,000
Project Dates Selection completed in 2024, 6 months remaining for Implementation.

Service Provided Replacement of their Lucity (CentralSquare EAM) system to a modern, detailed system specifications aligned with the City’s operational goals and future scalability needs.

Services included:
• Assessment & Planning
• Business Process Review
• Specifications Development
• Proposals Evaluation
• Short List Recommendation
• Demonstration Proctoring
• Final Recommendation
• Contract & SOW Negotiations
• Implementation Project Management
Contact Contact Name: Ryan Lee, Support Services Manager Address: 1100 Bear Creek Parkway, Keller, TX 76248
Phone: (817) 743-4095
Email: [email protected]
Project Information Details
Name of Organization City of Norman, Oklahoma
Population Size Population: 131,000
Project Dates Project completed in 2024.

Service Provided Replacement of their multi-vendor enterprise system that includes ERP and EAM platforms, alongside a Utility Billing solution. Services included:
• Assessment & Planning
• Business Process Review
• Specifications Development
• Proposals Evaluation
• Short List Recommendation
• Demonstration Proctoring
• Contract & SOW Negotiations
• Implementation Project Management
Contact Contact Name: Kari Madden, Applications Manager Address: 201 W Gray Street, Norman, OK 73069
Phone: (405) 226-0023
Email: [email protected]
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26 Project Information Details
Name of Organization City of Plantation, Florida
Population Size Population: 101,000
Project Dates Selection completed in 2025, Implementation scheduled for January 2026.

Service Provided Selection of their Utility Management/Enterprise Asset Management (UM/EAM) integrated with Finance and HCM.

Services included:
• Assessment & Planning
• Business Process Review
• Specifications Development
• Proposals Evaluation
• Demonstration Proctoring
• Contract & SOW Negotiations
• *Implementation Project Management scheduled for
January 2026
Contact Contact Name: Laura Karpaviciute, Assistant City Administrator
Address: 400 NW 73rd Avenue, Plantation, Florida 33317
Phone: (954) 797-2224
Email: [email protected]
Project Information Details
Name of Organization City of North Richland Hills, Texas Population Size Population: 71,500
Project Dates Project completed in 2023.

Service Provided Selection and Implementation of their ERP and EAM system. Services included:
• Assessment & Planning
• Business Process Review
• Specifications Development
• Proposals Evaluation
• Short List Recommendation
• Demonstration Proctoring
• Contract & SOW Negotiations
• Implementation Project Management
Contact Contact Name: Bob Weakley, IT Director
Address: 4301 City Point Drive, North Richland Hills, Texas 76180
Phone: (817) 427-6233
Email: [email protected]

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27 Modifications to Scope of Work
As stated in the City’s RFP: “ The selected consultant will lead an RFP effort to help identify at least three software vendors.” Sciens fully understands and acknowledges the Scope of Work outlined in the City’s RFP.

We respectfully note, however, that the requirement for consultants to identify “at least three software vendors” cannot be absolutely guaranteed, as vendor participati on is ultimately determined by market dynamics beyond the City’s or the consultant’s control.

That said, Sciens brings more than 35 years of public-sector consulting experience, and, in that time, we have not encountered a system selection process in which fewer than three qualified vendors participated. In most cases, our RFPs yield significantly more than three proposals, providing a strong pool of options . Based on this track record, we are confident that the City of San Carlos will receive proposals from a competitive pool of vendors sufficient to support a robust evaluation and informed selection.

Sciens has also reviewed and understands the additional tasks as outline d on page 6 of the City’s RFP . Our team will conduct assessments of existing workflows, business processes, GIS capabilities, application limitations, and staffing requirements to inform the City’s needs. Responsibilities such as data field definition, data migration, system integrations, and implementation of GIS and mobile functionality will be clearly required by the software vendor through the RFP. This approach ensures vendor accountability while providing the City with a comprehensive and sustainable solution.

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28 Fee Proposal

Project Cost Detail
The total project professional fees for services on the City of San Carlos’ Public Works Enterprise System for Asset Management, Work Orders, and Project Management project are outlined in the Project Cost Breakdown below. Based on the scope of work description, deliverables, and our proposed method for conducting the services outlined below, our total not -to-exceed fixed fee cost to complete all tasks is as follows.

PHASE 1: CONSULTING SERVICES FOR PUBLIC WORKS ENTERPRISE SYSTEM Phase Activity Hours Fees Expenses Total

1.1 Project Management, Data Gathering & Interviews
A Data Gathering and Onsite Interviews 95 $ 20,650 $ 2,100 $ 22,750

1.2 Needs Assessment & Recommendations Report
A Needs Assessment Development 64 $ 12,000 $ - $ 12,000

2.1 Request for Proposals Development
A RFP Development and Review 108 $ 21,000 $ - $ 21,000

2.2 Vendor Evaluation & Selection
A Bidders Conference, Q&A Addendum, Vendor
Evaluation Matrix & Proposals Evaluation 52 $ 9,000 $ - $ 9,000 B Short List Demos 48 $ 12,000 $ 1,200 $ 13,200 C BAFO & Final Recommendations 8 $ 2,000 $ - $ 2,000 D Contract & SOW Negotiation Support 40 $ 10,000 $ - $ 10,000 TOTAL 415 $ 86,650 $ 3,300 $ 89,950

Outlined below are the project fees for Phase 2, Implementation Project Management Services. Billing is a flat rate per month and will occur monthly until the implementation is complete depending on the selected vendor’s timeline (estimated 12 months).

PHASE 2: IMPLEMENTATION PROJECT MANAGEMENT SERVICES
Phase Activity Hours Fees Expenses Total
2 Project Implementation Management Support
A Ongoing Remote Project Management Support
(40 Hours/Month, Billed Monthly) 40 $ 10,000 $ - $ 10,000 / month
B Onsite Project Review Meetings
(Approx. 3 Visits, Billed each Trip) 24 $ 6,000 $ 1,800 $ 7,800 / trip
ESTIMATED 12-MONTH TOTAL 552 $ 138,000 $ 5,400 $ 143,400

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29 Acknowledgement of City’s Standard Professional
Services Agreement

We hereby acknowledge receipt and review of the City’s standard professional services agreement and all attachments/addenda associated with this RFP. Sciens confirms and accepts the agreement as written and that the required insurance will be furnished if selected for this project.

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30 Signed and Completed Levine Act Disclosure

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31 Why Choose Sciens For Your EAM Project?
It is a pleasure to submit this proposal to
The City of San Carlos
Once again, thank you for taking the time to consider our firm to assist you with your Public Works Enterprise System project. We understand this project is tremendously important to the City and thus you are seeking a qualified, experienced consulting firm to ensure the City selects the best fit system for its needs . You can be assured that we will work with your organization and end users to develop an RFP that is tailored to your goals and strategic vision to move the City ahead for the future as technology becomes more critical to the way you do business.

Some aspects that make us unique:

True Local Government Experts
We have dedicated ourselves to learning and working solely with local cities, counties, and utility districts enabling us to develop a deep comprehension of your business processes and technology needs. Many of our staff have worked in local government organizations, expanding our knowledge base even further.

Customized Deliverables to Capture Your Goals
We understand that no two clients are the same, each having their own set of challenges and business needs. Sciens works with each organization to personalize their RFP to meet these requirements in order to accurately depict the entire picture for the software vendors. We work with over 1500 specifications tailoring your RFP for the best outcome.

Considering Every Angle of the Project
In addition to capturing the business processes, workflows, and reports of the new system, Sciens also considers the technical and data flow aspects of the EAM and how other operational systems will “talk” to it. We help architect the future design to incorporate every system into the environment.

EAM Software Experienced Project Management and Advisement Many of our expert staff have previously worked for some of the top EAM software companies as senior project managers and implementation consultants. This gives Sciens a unique
advantage when implementing these systems as we have
hands-on, in-depth knowledge that proves to be extremely beneficial for our clients in making decisions throughout their implementation projects.

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32 Sciens Consulting
5900 S. Lake Forest Drive, Suite 300
McKinney, Texas 75070
888.898.3468

sciens.com

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CITY COUNCIL

STAFF REPORT
MEETING DATE: January 12, 2026
ITEM TITLE: Adopt a Resolution Approving the Specifications for the Library Makerspace Project.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution approving the full bid set for the Library Makerspace Project (“Project”).

FISCAL IMPLICATIONS:

There is no fiscal impact to the City for the Council to approve the specifications.

BACKGROUND AND ANALYSIS:

On November 10, 2025, the City Council adopted Resolution 2025-122 approving the plans and specifications for the Project, authorizing a call for bids, and authorizing execution of an agreement with the San Mateo County Library Joint Powers Authority (“Library JPA”). Upon further review of the Project, staff identified additional specifications, specifically the General Provisions and Specific Provisions, that require City Council approval. This item returns to Council to review and approve those specifications as they were previously omitted in the November 10, 2025 plans and specifications.

Project Background. The Library JPA Governing Board approved a Makerspace Master Plan in September 2017 that has served as a roadmap for developing community spaces that foster curiosity, creativity, and learning. This plan was created after an extensive community engagement process that included input from the San Carlos community and the Friends of the San Carlos Library.

In June of 2023, San Mateo County Libraries and City staff began discussing a conceptual plan for adding a makerspace to the San Carlos Library. In November 2023, the Library hired WRNS Studio architectural firm and launched a local community engagement process to develop a makerspace conceptual design that would meet community needs and interests. A task force, comprised of Library staff, City staff, and members of the Friends of the San Carlos Library, helped develop a conceptual design that features community interests, including 3D printing, sewing machines, and a laser cutter. The makerspace design is now complete and has been reviewed and approved by the City. The project is ready to move from concept to construction.

The Project will involve renovating a 1,000-square-foot space on the second floor of the library.

This renovation will include installing new resilient flooring, cabinets with a sink, a new exhaust fan for the laser cutters, and solar tube lighting. The innovative space will feature modern furniture, a creative work counter, cutting-edge technology, cozy lounge areas, a writable wall, and a digital

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screen for brainstorming and instruction. The design also incorporates light elements inspired by the library's rotunda dome, blending functionality with aesthetic appeal.

Under the Library JPA Agreement, San Mateo County Libraries is responsible for library operations, including staffing, services, programs, collections, furniture, fixtures, and equipment.

Member cities are responsible for facility maintenance and repair, which include utility, janitorial, and facility improvement costs, including capital projects.

The City of San Carlos has executed an agreement with the Library JPA regarding construction and construction management for the Makerspace Project. The agreement clearly defines the responsibilities of both parties, specifying that the City will issue a request for proposals (RFP) to select a contractor for the construction of the makerspace. This includes holding the contract with the construction contractor. City staff will also oversee construction management of the makerspace including establishing regular project meetings, maintaining meeting documentation, tracking and coordinating requests for information (RFIs), and ensuring the construction contractor meets established project milestones, timelines, and budget. Although the project will be between the City and the contractor, the contractor will bill the Library JPA directly.

Together, the San Mateo County Libraries and the City of San Carlos will provide a place where the community can develop timeless STEAM (Science, Technology, Engineering, Arts, and Mathematics) skills through educational activities that promote problem-solving, critical thinking, creativity, and curiosity.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution approving the specifications for the Library Makerspace Project; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Chris Valley, Building Official; and
Al Savay, Community Development Director
Approved for submission by:
____________________________
Jeff Maltbie, City Manager
ATTACHMENT(S):

1. Resolution

2. Full Bid Set with Specifications

3. Makerspace Project Plans (approved on November 10, 2025)

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING THE SPECIFICATIONS FOR THE LIBRARY MAKERSPACE PROJECT.

WHEREAS, the San Mateo County Library Joint Powers Authority (“Library JPA”) Governing Board approved a Makerspace Master Plan in September 2017 that has served as a roadmap for developing community spaces that foster curiosity, creativity, and learning; and WHEREAS, in June of 2023, San Mateo County Libraries and City staff began discussing a conceptual plan for adding a makerspace to the San Carlos Library; and WHEREAS, the Library Makerspace Project (“Project”) is estimated to cost $760,655 and is fully funded through a combination of funds, including current year San Mateo County Libraries revenue and an anticipated pledge from the Friends of the San Carlos Library; and WHEREAS, in November 2023, the Library hired WRNS Studio architectural firm and launched a local community engagement process to develop a makerspace conceptual design that would meet community needs and interests; and
WHEREAS, a task force, comprised of Library staff, City staff, and members of the Friends of the San Carlos Library, helped develop a conceptual design; and WHEREAS, the makerspace design is now complete and has been reviewed and approved by the City. The project is ready to move from concept to construction; and WHEREAS, the City of San Carlos and the Library JPA have executed an agreement regarding construction management for the Makerspace Project that defines the responsibilities of both parties; and
WHEREAS, on November 10, 2025, the City Council adopted Resolution 2025-122 approving the plans and specifications for the Project, authorizing a call for bids, and authorizing execution of an agreement with the San Mateo County Library JPA. Upon further review of the Project, staff identified additional specifications that require City Council approval. This item returns to Council to review and approve those specifications as they were previously omitted in the November 10, 2025 plans and specifications.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves the specifications for the Library Makerspace Project, set forth as Attachment 2 to the staff report.
* * * * *
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 12th day of January 2026, by the following vote:

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

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA
Building Division
600 Elm Street
San Carlos, CA 94070
Contract Documents
For the
San Carlos Library Makerspace Project
Bid Release: Wed, January 14, 2026
Mandatory Pre-Bid Onsite Meeting: Wed, January 21, 2026, 10:00 a.m Bid Proposals Due/Bid Opening: Thurs, February 19, 2026, 9:30 a.m.

BID SET

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his Page Intentionally Left Blank

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iii

TABLE OF CONTENTS
A. INTRODUCTORY PAGES
Title Page No.

Cover Page i
Table of Contents ii
Notice Inviting Sealed Proposals iii
Instructions to Bidders iv
Schedule of Required Bid Documents and Agreement Forms v B. BID PROPOSAL
Bid Proposal Cover Page P-1
Bid Proposal Table of Contents P-2
Bid Proposal P-3
Bidding Requirements P-4
Bid Schedule P-6
Designation of Subcontractors P-8
Department of Industrial Relations Registration Requirement P-8 Certifications and Affidavits
Non-Collusion Affidavit P-9
Bidder’s Qualifications P-10
Bidder’s References P-11
Signature Pages P-12
Bidder’s Bond P-14
C. AGREEMENT AND AGREEMENT FORMS
Agreement and Agreement Forms Table of Contents A-1
Construction Agreement A-2
Exhibit A – Contractor’s Bid Proposal A-11
Exhibit B – Insurance Coverage Form A-12
Resolution of Construction Claims A-13
Agreement Forms
Payment Bond A-15
Performance Bond A-17
Workers Compensation Certification A-19
Certification of Safety Requirements for Contractors and Vendors A-20 Drug-Free Workplace Certification A-21
Escrow Agreement for Security Deposits in Lieu of Retention (Optional) A-22 Guarantee A-24
D. GENERAL PROVISIONS
Section 1 Terms and Definitions GP-1
Section 2 Proposal Requirements and Conditions GP-5
Section 3 Review of Bids, Contract Award and Execution GP-8 Section 4 Scope and Control of the Work GP-13
Section 5 Changes of Work GP-20
Section 6 Control of Materials GP-24
Section 7 Utilities GP-27
Section 8 Prosecution and Progress GP-30
Section 9 Responsibilities of the Contractor GP-39
Section 10 Measurement and Payment GP-54
Section 11 Guarantee GP-60

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E. SPECIAL PROVISIONS

Section 1 Description of Work SP-1
Section 2 Location SP-1
Section 3 Days and Hours of Operation SP-1
Section 4 Staging/Construction Area SP-1
Section 5 Water SP-1
Section 6 Power SP-1
Section 7 Owner/Contractor meetings SP-2
Section 8 Notification of Residents and Merchants SP-2
Section 9 Storm Water Pollution Prevention SP-2
Section 10 Construction and Demolition Debris SP-2
Section 11 Haul Routes SP-3
Section 12 Sanitation Facilities and Utilities SP-3
Section 13 Sequence of Work SP-3
Section 14 Clearance Heights SP-4
Section 15 Safety of Persons and Property SP-4
Section 16 Traffic Control SP-5
Section 17 Construction Schedule SP-6
Section 18 Daily Work Reports SP-6
Section 19 Submittals SP-7
Section 20 Sweeping SP-7

F. TECHNICAL SPECIFICATIONS

Division 1 General Requirements
Division 2 Existing Conditions
Division 3 Concrete
Division 4 Masonry
Division 5 Metals
Division 6 Wood, Plastics, and Composites
Division 7 Thermal and Moisture Protection
Division 8 Openings
Division 9 Finishes
Division 10 Specialties
Division 11 Equipment
Division 12 Furnishings
Division 13 Special Construction
Division 14 Conveying Equipment
Division 21 Fire Suppression
Division 22 Plumbing
Division 23 Heating, Ventilation and Air Conditioning
Division 25 Integrated Automation
Division 26 Electrical
Division 27 Communications
Division 28 Electronic Safety and Security
Division 31 Earthwork
Division 32 Exterior Improvements
Division 33 Utilities

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v
CI

TY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

NOTICE INVITING SEALED PROPOSALS
NOTICE IS HEREBY GIVEN that sealed proposals or bids for the San Carlos Library Makerspace Project shall be publicly opened, examined and announced on Thursday, February 19, 2026, at 9:30 a.m. at the San Carlos City Clerk’s Office at City Hall - 600 Elm Street, San Carlos, CA 94070. Sealed bi
d proposals shall be received in- hand by the City Clerk before the bid opening date and time. A mandatory pre-bid onsite meeting has been scheduled for Wednesday, January 21, 2026, 10:00 a.m., at the San Carlos Library, 610 Elm Street, Second Floor, San Carlos, CA, 94070.

A
Class B General 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.

T
he scope of work generally includes the demolition of existing interior walls per plan and construction of the Makerspace Project. Bids are required for the entire work described herein in accordance with the instructions to bidders. The Architect of Record has provided a construction cost estimate of $735,452.

B
ids 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.

T
he 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.

A
s 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.

P
lans 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 [email protected]; or visit the City of San Carlos Website at www.cityofsancarlos.org. Bidders must register with ARC Document Solutions to obtain further information.

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

Cr
ystal Mui, City Clerk
Published: January 14 and 19, 2026
If you require translation for this notice, please contact the City Clerk’s Office at 650-802-4222.

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vii

CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA
I

NSTRUCTIONS TO BIDDERS

1. P
roposal 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. R
eceipt of Bids and Bid Opening: Proposals shall be received at the office of the City Clerk, 600 Elm Street , 2nd Floor, San Carlos, CA 94070, no later than 9:30 a.m. on Thursday, February 19, 2026 as d escribed in the Notice Inviting Sealed Proposals.

Proposals shall be submitted in a sealed envelope, plainly marked on the outside "San C
arlos Library Makerspace Project.”

3. Ti
me of Completion and Liquidated Damages: All work shall be diligently prosecuted to completion before the expiration of 270 Calendar 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 One Thousand Dollars ($1000) for each calendar day beyond the specified time limit until the project is completed. See the Special Provisions for additional time of completion milestone requirements.

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

5. Bi
d Guarantee: No bid shall be withdrawn except as provided 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. Cont
ractor’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, the bidder must have the followi ng c
lassification of contractor’s license: Class B General Contractor’s License.

7. A
dditional 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 2
nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. Contractor and all Subcontractors shall also obtain a City business license prior to the work being performed.

8. P r
evailing 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.

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viii

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 . S ecurity Substitution: Pursuant to California Public Contract Code Section 22300, and at the request and expense of the Contractor to whom the Contract is awarded, securities of a value equivalent to the retention amount, in a form approved by the City, shall be permitted in substitution for money withheld by the City to ensure performance under the Contract.
1 1. Mandatory Pre-Bid Meeting: A mandatory pre-bid onsite meeting has been scheduled for Wednesday, January 21, 2026, 10:00 a.m., at the San Carlos Library, 610 Elm Street, Second Floor, San Carlos, CA, 94070.
1 2. R equests for Clarification and Project Communication: In the event the bidder has 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. All questions and comments regarding the plans and specifications should be directed t o all three of the contact persons indicated below and will only be responded to if received in writing by email before Thursday, January 22, 2026, 5:00 p.m. Questions received after this time and date may not be addressed.
• R
achel McDonnell - [email protected]
• Natalie Kittner - [email protected]
• Pauline Souza - [email protected]

13. P
osted Responses: Responses to questions received by January 22, 2026 5:00 p.m. will be posted as an addendum on the City’s website and ARC’s public plan room by Thursday, February 5, 2025.
1 4. S
chedule summarized below:

15. Thes
e “Instructions to Bidders” are hereby made a part of the Contract Documents.

Action Date
Bid Release January 14, 2026
Mandatory Pre-Bid Meeting January 21, 2026 10:00 a.m.

Vendor Questions Deadline January 22, 2026, 5:00 p.m.

Responses to Vendor Inquiries By February 5, 2026
Proposals Due/Bid Opening February 19, 2026, 9:30 a.m.

Council Approval of Contract March 9, 2026

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SCHEDULE OF REQUIRED

BID DOCUMENTS AND AGREEMENT FORMS

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

Completed Bid Proposal consisting of:

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

1. Non-Collusion Affidavit

2. Bidder’s Qualifications

3. Bidder’s References

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

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

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

1. General Liability

2. Automobile Liability

3. 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

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Agreement 2nd Floor Library Makerspace Project
Page P-1

CITY OF SAN CARLOS

BUILDING DIVISION
600 Elm Street
San Carlos, CA 94070

BID PROPOSAL

FOR:

San Carlos Library Makerspace Project

CITY OF SAN CARLOS, COUNTY OF SAN MATEO

STATE OF CALIFORNIA

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

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Agreement 2nd Floor Library Makerspace Project
Page P-2

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-9 Department of Industrial Relations Registration Requirement ............................. P-9 Certifications and Affidavits
Non-Collusion Affidavit ................................................................................. P-10 Bidder’s Qualifications .................................................................................. P-11 Bidder’s References ...................................................................................... P-12 Signature Pages ................................................................................................. P-13 Bid Bond ............................................................................................................ P-15

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BID PROPOSAL

San Carlos Library Makerspace Project

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 indir ectly 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 perfor m all the labor required to complete the work in accordance with the plans, specifications and other contract documents, for the unit or lump sum prices set forth in the Bid Schedule.

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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 estim ate 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 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 antic ipated profit for any bid item omitted in its entirety , and payment will only be made based on actual quantities of work performed.

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

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

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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.

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

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

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

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

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

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

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BASE BID ITEMS ARE AS FOLLOWS:

San Carlos Library Makerspace Project

BASE BID

GENERAL REQUIREMENTS

PROJECT MANAGEMENT AND COORDINATION

OVERHEAD AND PROFIT

PROJECT ADMINISTRATION

FLOOR PROTECTION

CLEANING AND WASTE MANAGEMENT

FINAL CLEANING
GENERAL REQUIREMENTS SUBTOTAL:

DEMOLITION

DUMPSTER AND HAULING
DUMPSTER AND HAULING SUBTOTAL:

ROLLER SHADES

FURNISH AND INSTALL ROLLER SHADES
ROLLER SHADES SUBTOTAL:

METALS & SUSPENDED CEILING

FURNISH AND INSTALL WALL FRAMING AND SOFFET

FURNISH AND INSTALL SUSPENDED CEILING
METALS & SUSPENDED CEILING SUBTOTAL:

WOOD, PLASTICS AND COMPOSITES

FURNISH AND INSTALL CABINETRY PER PLAN

FURNISH AND INSTALL CABINET HARDWARE PER PLAN
WOOD, PLASTICS AND COMPOSITES SUBTOTAL:

SOLAR TUBES

FURNISH & INSTALL SOLAR TUBE(S) AND ASSOCIATED FRAMING,

WATERPROOFING AND FLASHING

SOLAR TUBES SUBTOTAL:

DOORS AND WINDOWS

FURNISH AND INSTALL ENTRY DOOR

FURNISH AND INSTALL REPLACEMENT DOORS

FURNISH AND INSTALL DOOR HARDWARE

FURNISH AND INSTALL WINOW MATERIAL
DOORS AND WINDOWS SUBTOTAL:

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FINISHES
FURNISH AND INSTALL 5/8" GYP BD. LEVEL 5 FINISH

FURNISH AND INSTALL CARPET AND / OR FLOOR TILES

FURNISH AND PROVIDE PAINTING, WALL PANELS AND WHITE BOARD

FURNISH AND INSTALL COUNTERTOPS

FURNISH AND PROVIDE ALL FURNITURE

FURNISH AND INSTALL DOOR HARDWARE
FINISHES SUBTOTAL:

THIS SECTION LEFT BLANK

SUBTOTAL:

EQUIPMENT

EQUIPMENT RENTAL AS NEEDED
EQUIPMENT SUBTOTAL:

ALARM & SPRINKLER SYSTEMS (DEFERRED SUBMITTAL)

DESIGN AND INSTALL OF ALARM & SPRINKLER SYSTEMS (DEFERRED) ALARM & SPRINKLER SYSTEMS SUBTOTAL:

PLUMBING

FURNISH AND INSTALL SINK AND FAUCET MATERIALS

FURNISH AND INSTALL ROUGH AND FINISH PLUMBING
PLUMBING SUBTOTAL:

HEATING, VENTILATION & AIR CONDITIONING

FURNISH AND INSTALL NEW HVAC AND DUCT WORK
HEATING, VENTILATION & AIR CONDITIONING SUBTOTAL:

ELECTRICAL, LOW VOLTAGE AND LIGHTING

FURNISH AND INSTALL ELECTRICAL & LOW VOLTAGE

FURNISH AND INSTALL LIGHTING
ELECTRICAL, LOW VOLTAGE AND LIGHTING SUBTOTAL:

TOTAL BID AMOUNT:

Notes:

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

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

3. Refer to approved plans dated May 28, 2025.

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

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

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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 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.

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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/she/they have 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 their 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.

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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 an awarded contract from a governmental entity, except as follows: (Name all exceptions and reasons therefore):

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

List of Personnel Knowledge/Skills Experience

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BIDDER’S REFERENCE

List three (3) major projects which the Bidder has performed comparable work within the last four (4) years. Provide a contact person and a description of the project, or other such information that will demonstrate the ability to vigorously prosecute the work.

1. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

2. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

3. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

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

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

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

Bidder’s Guarantee:

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

Company Profile:

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

Firm Name:

Business Address:

Names and Titles of Company Officers:

1. 2.

3. 4.

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Proposal Execution:

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

IF SOLE OWNER, sign here:

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

Social Security Number:_________________________________________________

Employer Identification Number:___________________________________________

IF PARTNERSHIP, sign here:

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

______________________________________________________________________

Federal Tax Identification No. (EIN):_________________________________________

State Tax Identification No.:_______________________________________________

IF CORPORATION, execute here:

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

Corporate name _________________________________________________________

By_____________________________________ (Title) _________________________

Incorporated under the laws of the State of ___________________________________

Federal Tax Identification No. (EIN):_________________________________________

State Tax Identification No.:_______________________________________________

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

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

Signature of Notary Public:________________________

My Commission expires __________________, 20_____ (Seal)

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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 her eby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that 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 San Carlos Library Makerspace Project.

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

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

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

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

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

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

_____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________ (Seal)

My Commission expires __________________, 20_____

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

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The Plans and specifications prepared by WRNS STUDIO, 501 2nd Street, #402, San Francisco, CA 94107, dated 03/28/2025, and the City of San Carlos General Provisions are made part of the Contract and are hereby incorporated by this reference.

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AGREEMENT AND AGREEMENT FORMS

TABLE OF CONTENTS

Public Project Agreement ......................................................................................... 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

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1 Agreement for Public Projects Revised 09/04/2025

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 the San Mateo County Library Joint Powers Authority hereinafter called "LIBRARY” has agreed to be responsible for all payments to the CONTRACTOR by separate agreement with the City and shall handle all payments and costs directly with the CONTRACTOR;

C. That CONTRACTOR has agreed to accept payments due under the Contract from Library;

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

THEREFORE, the CITY and the LIBRARY have 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

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2 Agreement for Public Projects Revised 09/04/2025
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. LIBRARY 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 $220,000 or authorized by City Council action for contracts $220,000 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 $220,000 or authorized by City Council action for contracts $220,000 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 $220,000, shall require approval by the City Council. Except to

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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 and LIBRARY 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 nor LIBRARY.

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.

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.

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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 willful 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

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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)

Professional Liability $1,000,000 per claim and if a
general aggregate limit applies,
general aggregate limit shall be
twice the required occurrence
limit.

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.

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2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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

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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

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provisions before commencing the performance of the work of this agreement.

16. Non-Discrimination. The CONTRACTOR hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Section 2000 (e)(17), to the end that CONTRACTOR will not exclude any person from participation in, be denied the benefits 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: _____________________

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.

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20. Business Registration. CONTRACTOR agrees to comply with Chapter

5.04 of the Municipal Code and pay all fees required to be paid. By entering into this Agreement, CONTRACTOR acknowledges and agrees they are conducting business with the City and will apply for and obtain a City Business registration certificate.

21. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

22. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

23. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. If a party refuses or fails to participate in mediation in good faith prior to filing a lawsuit, then that party shall be barred from recovery of attorneys fees and costs of suit.

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 supersedes 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.

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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: _______________ ______________________________ Nil Blackburn, Interim City Manager

ATTEST:

Dated: _______________ ______________________________ Crystal Mui, City Clerk

APPROVED AS TO FORM:

Dated: _______________ ______________________________ Gregory J. Rubens, City Attorney

CONSULTANT/CONTRACTOR/VENDOR:

Dated: _______________ ______________________________ Name:_________________________
Title:__________________________

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Page A-12

EXHIBIT A

CONTRACTOR’S BID PROPOSAL

[This page to be used for other Exhibits to add on, if any]

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EXHIBIT B
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:

Named Insured: ___________ Effective Work Date(s): __________ _ Description of Work/LocationsNehicles: ______________________ _ 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) u 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}
u 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. u Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
u 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.
u Professional LiabiliiY:

Insurer Policy No.

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 Department, 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, ___________________________ (prinUtype 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: __________________ _
Agreement and Agreement Forms
TELEPHONE: ..__ _ __,_ _______ _
San Carlos Library Makerspace Project

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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.

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(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 their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

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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 San Carlos Library Makerspace Project, 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 success ors, 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 perfor med under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal or its subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor that the Surety will pay for the same, in an amount not exceeding the amount hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney’s fee, to be fixed by the court. We hereby state and confirm that we are a “California admitted insurer” as defined by the California Department of Insurance.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

This bond is given to comply with Sections 3247 and 3248 of the Civil Code. The liability of the Principal and Surety hereunder is governed by the provisions of said Code, all acts amendatory thereof, and all other statutes referred to therein, including Section 3225 of the Civil Code.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

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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 notarial seal
(Surety)

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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 San Carlos Library Makerspace Project, 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 the Contractor’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to the Contractor’s 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, comple te 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 “Cali fornia 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 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.

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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 notarial seal
(Surety)

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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.

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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 the Contractor’s 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 the Contractor’s 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 the Contractor’s 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.

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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.

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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (Optional) Public Contract Code Section 22300

This Escrow Agreement is made and entered into by and between _______________________________ whose address is __________________________________________________ hereinafter called "Owner,"________________________________ whose address is ______________________________
____________________hereinafter called "Contractor" and ____________________________________ whose address is __________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________ dated __________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____________________, and shall designate the Contractor as the beneficial owner.

(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated.

The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

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(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account.

The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent:

___________________________ ___________________________ _______________________________ Title Title Title

___________________________ ___________________________ _______________________________ Name Name Name

___________________________ ___________________________ _______________________________ Signature Signature Signature

___________________________ ___________________________ _______________________________ Address Address Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:

______________________________ ___________________________________ Title Title

______________________________ ___________________________________ Name Name

______________________________ ___________________________________ Signature Signature

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GUARANTEE
(To Be Submitted Prior to Project Acceptance)

FOR THE
City of San Carlos
San Carlos, CA 94070

San Carlos Library Makerspace Project

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 coll ectively 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.

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D. GENERAL PROVISIONS

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TABLE OF CONTENTS

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms ................................................................................................................................ 1

1.02 Definitions .......................................................................................................................... 1

SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General .............................................................................................................................. 6

2.02 Proposal Forms ................................................................................................................. 6

2.03 Qualifications of Bidders .................................................................................................... 6

2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities ........................ 6

2.05 Submission of Bids ............................................................................................................ 6

2.06 Approximate Estimate ....................................................................................................... 7

2.07 Examination of Plans, Specifications and Work Site ......................................................... 7

2.08 Withdrawal of Proposals .................................................................................................... 7

2.09 Proposal Guarantee .......................................................................................................... 7

2.10 Disqualification of Bidders ................................................................................................. 7

2.11 Bid Protest Procedures ..................................................................................................... 7

2.12 List of Subcontractors ........................................................................................................ 8

2.13 Required Contractor and Subcontractor Registration ....................................................... 8

SECTION 3 – REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION

3.01 Public Bid Opening and Initial Review ............................................................................... 9

3.02 Determination of Lowest Responsible Bidder ................................................................... 9

3.03 Notice of Award ................................................................................................................. 10

3.04 Contract Execution ............................................................................................................ 10

3.05 Status of Contractor .......................................................................................................... 10

3.06 Assignment ........................................................................................................................ 10

3.07 Recognition of Subcontractors .......................................................................................... 10

3.08 Return of Bid Security ....................................................................................................... 10

3.09 Forfeiture of Proposal Guarantee ...................................................................................... 11

3.10 Contract Bonds .................................................................................................................. 11

3.11 Notification of Surety Companies ...................................................................................... 12

3.12 Power of Attorney .............................................................................................................. 12

3.13 Insurance Requirements ................................................................................................... 12

3.14 Special Requirements ....................................................................................................... 12

3.15 Builders Risk Insurance ..................................................................................................... 13

3.16 Certificates ........................................................................................................................ 13

3.17 Legal Address of Contractor .............................................................................................. 13

3.18 Office of Contractor at Site ................................................................................................ 13

SECTION 4 – SCOPE AND CONTROL OF THE WORK

4.01 Work to be Done ............................................................................................................... 14

4.02 Plans and Specifications ................................................................................................... 14

4.03 Reference to Standards and Codes .................................................................................. 14

4.04 Authority of the Architect ................................................................................................... 15

4.05 Contract Documents and Precedence .............................................................................. 15

4.06 Interpretation of Specifications and Drawings ................................................................... 15

4.07 Figured Dimensions .......................................................................................................... 15

4.08 Errors or Discrepancies ..................................................................................................... 16

4.09 Drawings to be Furnished by Contractor ........................................................................... 16

4.10 Additional Drawings by City ............................................................................................... 16

4.11 Lines and Grades .............................................................................................................. 16

4.12 Record Documents ............................................................................................................ 16

4.13 Record Drawings ............................................................................................................... 16

4.14 Reuse of Documents ......................................................................................................... 17

4.15 Subsurface Data ................................................................................................................ 17

4.16 Right-of-Way ..................................................................................................................... 17

4.17 Removal of Defective and Unauthorized Work ................................................................. 17

4.18 Acceptance of Defective Work .......................................................................................... 17

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4.19 Submittals .......................................................................................................................... 17

4.20 Substitutions ...................................................................................................................... 18

4.21 Construction Staking Lines and Grades ............................................................................ 19

4.12 Inspection of the Work ....................................................................................................... 19

4.23 Testing ............................................................................................................................... 19

SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Orders ............................................................ 21

5.02 Contractor Liability for Unapproved Change Orders ......................................................... 21

5.03 Non-Material Change Requests by the Contractor ........................................................... 21

5.04 Effect of Extension of Time ............................................................................................... 21

5.05 Letters of Instruction .......................................................................................................... 21

5.06 Requests for Information, Inconsistencies and Changed Conditions ................................ 21

5.07 Extra and Omitted Work .................................................................................................... 22

5.08 Change Orders .................................................................................................................. 22

5.09 Disputed Work ................................................................................................................... 24

SECTION 6 – CONTROL OF MATERIALS

6.01 Materials and Workmanship .............................................................................................. 25

6.02 Protection of Work and Materials ...................................................................................... 25

6.03 Trade Names or Equals .................................................................................................... 25

6.04 Inspection of Materials by City .......................................................................................... 26

6.05 Inspection of Materials by Others ...................................................................................... 26

6.06 Tests of Materials .............................................................................................................. 26

6.07 Certification ....................................................................................................................... 26

6.08 Weighing and Metering Equipment ................................................................................... 26

6.09 Calibration of Testing Equipment ...................................................................................... 27

SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation ................................................................................................. 28

7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure ........................ 28

7.03 Location ............................................................................................................................. 28

7.04 Protection .......................................................................................................................... 29

7.05 Shut Down Notification ...................................................................................................... 29

7.06 Removal ............................................................................................................................ 29

7.07 Relocation ......................................................................................................................... 29

7.08 Delays ............................................................................................................................... 30

7.09 Cooperation ....................................................................................................................... 30

SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed .............................................................................................................. 31

8.02 Commencement of Work ................................................................................................... 31

8.03 Subcontracting .................................................................................................................. 31

8.04 Administrative Duties ......................................................................................................... 31

8.05 Baseline Construction Schedule ....................................................................................... 31

8.06 Three-Week Look Ahead Schedule .................................................................................. 31

8.07 Construction Sequence ..................................................................................................... 32

8.08 Recording Existing Conditions .......................................................................................... 32

8.09 Preconstruction Conference .............................................................................................. 32

8.10 Progress Meeting .............................................................................................................. 32

8.11 Hours of Construction ........................................................................................................ 32

8.12 Prosecution of Work .......................................................................................................... 32

8.13 Suspension of Work .......................................................................................................... 33

8.14 Default by the Contractor and Termination of Control ....................................................... 33

8.15 Contractor’s Right to Stop Work or Terminate Contract .................................................... 34

8.16 City’s Right to Terminate Contract .................................................................................... 34

8.17 Time of Completion and Days Charged ............................................................................ 35

8.18 Liquidated Damages ......................................................................................................... 35

8.19 Delays and Extension of Time ........................................................................................... 36

8.20 Substantial Completion ..................................................................................................... 38

8.21 Project Closeout ................................................................................................................ 38

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8.22 Final Completion ............................................................................................................... 38

8.23 Final Acceptance ............................................................................................................... 39

8.24 Risk of Loss ....................................................................................................................... 39

8.25 Use of Improvements During Construction ...................................................................... 39

SECTION 9 – RESPONSIBILITIES OF THE CONTRACTOR

9.01 Contractor’s Responsibility for the Work ........................................................................... 40

9.02 Contractor’s Responsibility for Subcontracted Work ......................................................... 40

9.03 Superintendent .................................................................................................................. 40

9.04 Character of Workers ........................................................................................................ 40

9.05 Laws to be Observed ........................................................................................................ 40

9.06 Permits and Fees .............................................................................................................. 42

9.07 Coordination and Cooperation .......................................................................................... 42

9.08 Use of Premises ................................................................................................................ 43

9.09 Construction Staging and Field Office ............................................................................... 43

9.10 Site Security ...................................................................................................................... 44

9.11 Construction Water ............................................................................................................ 44

9.12 Project Site Maintenance .................................................................................................. 44

9.13 Preservation of Property .................................................................................................... 46

9.14 Protection of Buried Utilities .............................................................................................. 47

9.15 Protection of Bridges ......................................................................................................... 47

9.16 Protection of Traffic Signal Facilities ................................................................................. 47

9.17 Restoration of Adjacent and Existing Improvements ......................................................... 48

9.18 Archeological Remains ...................................................................................................... 48

9.19 Access to Private Property ................................................................................................ 48

9.20 Traffic Control and Public Convenience ............................................................................ 48

9.21 Safety ................................................................................................................................ 51

9.22 Patent Fees or Royalties ................................................................................................... 53

9.23 Advertising ......................................................................................................................... 53

9.24 Antitrust Claims ................................................................................................................. 53

9.25 Audit and Examination of Records .................................................................................... 53

9.26 Notice of Entrance ............................................................................................................. 54

9.27 Additional and Emergency Protection ............................................................................... 54

9.28 Placing Portions of Work in Service .................................................................................. 54

9.29 Rights of Way .................................................................................................................... 54

SECTION 10 – MEASUREMENT AND PAYMENT

10.01 Measurement of Quantities for Unit Price Work ................................................................ 55

10.02 Bid Items ........................................................................................................................... 55

10.03 Bid Quantities .................................................................................................................... 55

10.04 Progress Payments ........................................................................................................... 56

10.05 Retentions ......................................................................................................................... 57

10.06 Final Payment ................................................................................................................... 58

10.07 Acceptance ........................................................................................................................ 59

10.08 Compensation for Extra Work Omitted .............................................................................. 59

10.09 Compensation to City for Extension of Time ..................................................................... 59

10.10 Claims ............................................................................................................................... 59

10.11 Time Limit on Claims ......................................................................................................... 59

10.12 City Response to Claims ................................................................................................... 60

10.13 Appeal of Architect’s Decision ........................................................................................... 60

SECTION 11 – GUARANTEE

11.01 Contractor’s Guarantee ..................................................................................................... 61

11.02 Correction of Defective Work During the Guarantee Period ............................................. 61

* * *

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GENERAL PROVISIONS

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms – Unless otherwise stated, the words “directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory,” or words of like meaning, refer to actions, expressions, and prerogatives of the Architect.

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 Architect 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 warranty bonds and other instruments of security.

Change Orders – A written order by the Architect 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.

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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.

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 Architect; and all drawings submitted by the Architect 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 Architect, or requirements of any inspection, reference standard, test, or approval specified in the Contract Documents, or has been damaged prior to the Architect’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.

Architect - The Architect 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 Architect, 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.

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Final Completion - The point at which work has been completed in accordance with the contract documents, plans and specifications to the satisfaction of the Architect and there are no items of work remaining to be completed. See General Provisions, Section 8.22, “Final Completion”.

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 Architect 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 Architect.

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 Architect 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.

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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 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’ Standard 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 Architect 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

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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 Architect, the contractor may be required 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 Architect. This suspension of work will be at no cost to the City. Working days will not be assessed during this suspension of work.

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SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General - Bidders may obtain complete sets of the Contract Documents, including the proposal forms to be used for bidding, at the location designated in the Notice to Bidders. Bidders shall use complete sets of Contract Documents in the preparation of bids. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the work and does not confer a license or grant permission for any other use of the Contract Documents.

2.02 Proposal Forms – The portion of the Contract Documents entitled “Bid Proposal” focuses the Bidders attention on the requirements for submitting a proposal, including the Notice to Bidders, and the Bid Proposal Forms.

Bids are required for the entire work described herein and shall 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 Guaranty, 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 he has 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.

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Bids may be mailed or delivered by messenger. It is the Bidder’s responsibility alone to ensure that the Bid is received prior to the bid opening deadline at the place specified in the Notice to Bidders.

Whether or not bids are opened exactly at the time fixed in the public notice inviting bids, any bid received after that time shall be returned unopened.

2.06 Approximate Estimate - The quantities listed in the bid schedule are approximate only, supplied as a general indication of the scope of work and to be used as a basis for comparing bids. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to delete any portions of the work in their entirety, from the quantities listed on the bid schedule, as may be deemed necessary or advisable by the Architect.

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 been scheduled by the City or not. It will be assumed that the bidder has investigated and is aware of the conditions to be encountered in carrying out the proposed work, and is fully satisfied as to the scope, character, quality, quantity and requirements of the proposed work, and the submission of a bid will be an acknowledgement of that assumption.

The bidder shall receive no additional compensation for obstacles or difficulties due to surface or subsurface conditions actually encountered. Where investigations of surface or subsurface conditions have been made by the City in respect to foundation or other structural design, and that information is shown in the plans, said information is included only for the convenience of bidders. The City assumes no responsibility whatsoever as to the sufficiency or accuracy of borings, or of the log of test borings or other investigations or tests, or of the interpretation thereof; there is no guaranty, 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 Procedures – Any protest of the proposed contract award shall be submitted in writing to the City Clerk no later than 5:00 p.m. on the fifth (5th) business day following the date of the bid

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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.

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 that any of the provision in Labor Code Section 1771.1(c) are satisfied.

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SECTION 3: REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION

3.01 Public Bid Opening and Initial Review - Bids which have been submitted in accordance with the requirements of the Bidding Documents, and which are received on or before the bid deadline will be opened publicly, and the dollar amounts of each bid shall be read aloud.

The City shall have the right to reject all bids. The City shall have the right to reject any bid not accompanied by the required bid security or any other item required by the Bidding Documents, or a bid which is in any other way incomplete or irregular. The City shall have the right to waive irregularities in a bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.

3.02 Determination of Lowest Responsible Bidder - Criteria 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 Architect’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 Architect 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 Architect 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 Architect shall report the findings to the City Council.

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If the Architect finds that the Lowest Monetary Bidder’s bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Architect may review the responsiveness and responsibility of the next Lowest Monetary Bidder. If the Architect 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 Architect shall report its findings as recommendations to the City Council. This process may continue until the Architect 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 Architect to be non-responsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Architect for consideration, within five (5) working days after the Bidder receives the notice.

All findings by the Architect 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 Architect and written approval by the affected Bidder.

3.03 Notice of Award – Should the City decide to proceed with the award of contract 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 guarantees accompanying the proposals that are not to be considered in

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making the award. All other proposal guarantees will be held until the Agreement has been fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.

3.09 Forfeiture of Proposal Guaranty - 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 guaranty to the City. The City may then award the contract to next Lowest Responsible Bidder. The forfeited proposal guaranty 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 guaranty 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.

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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.

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3.15 Builders Risk Insurance - Under the policy of insurance, the policy shall contain the following provisions:
(a) The City shall be included as insured.
(b) Losses shall be payable to the contractor and City as their interest may appear. (c) Deductible amounts of all losses covered by insurance shall be borne by the contractor.

3.16 Certificates - Prior to beginning work, contractor shall furnish certificates satisfactory to the City as to contents and carriers of such insurance.

3.17 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 the performance of the contract, Contractor 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.

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SECTION 4 - SCOPE AND CONTROL OF WORK

4.01 Work to be Done – The work to be done consists of furnishing all labor, materials, tools, equipment and services necessary to complete the project, as further described in the Notice to Bidders of these Specifications, and as necessary to leave the site in a neat and finished condition with all equipment properly installed and working to the satisfaction of the Architect.

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 the determination of how reliable might be any conclusion appearing in (or inferred from) the information. The Contractor may not rely upon “record drawings” or similar final or accepted drawings or maps constructed on public or private property. Such information may be used for reference only. Actual locations and depths shall be determined by field investigations by the Contractor.

No oral or telephonic agreement or conversation with any officer, agent, or employee of the City or the Architect, 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 Architect, 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 Architect, or any of the Architect’s Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the Contractor.

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4.04 Authority of the Architect – The City has the final authority in all matters affecting the work.

Within the scope of the Agreement, the Architect has the authority to enforce compliance with the Plans and Specifications and the Contractor shall promptly comply with instructions from the Architect. The decision of the Architect 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, Warranty 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 Architect 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 Architect.

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 Architect 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 Architect 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 Architect 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,

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including those which may have been reduced for reproduction.

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, it shall have the duty to inform the Architect immediately in writing, and the Architect 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 Architect 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 Architect for review. Should the Architect take exception with any drawings furnished by the contractor, the contractor shall make the revisions required, and resubmit them to the Architect for review. After a satisfactory review by the Architect, 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 Architect'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 Architect 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 Architect 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 Architect as a reference at all times. Upon completion of the work, these record documents will be delivered to Architect.

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 Architect 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

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the project’s acceptance, the Contractor shall submit to the City the completed as-built record Drawings on one (1) set of full size prints prepared on 22" x 34" paper.

Record Drawings are full size drawings (Plans) which marked up during construction to delineate 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 Architect. 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 Architect.

4.15 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 Architect, 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.

4.16 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 Architect. 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.

4.17 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 Architect, submittals shall be provided electronically in .pdf 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 Architect. 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.

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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 Architect 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 Architect 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.

4.18 Substitutions – Proposed requests by the Contractor for changes in products, materials, equipment, and methods of construction required under the Contract Documents after the award of contract are considered "requests for substitutions.” For proposed “or equal” substitutions, attention is directed to General Provision Section 6.03, “Trade Names or Equals.”

Each request for substitution shall be prepared and presented to the City in accordance with the procedures for submittals, except that the following additional information shall be provided.

(a) An explanation of the advantages to the City for accepting the substitution. (b) A comparison of significant qualities of the proposed substitution with those specified. (c) A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors, that will be necessary to accommodate the proposed substitution.
(d) A statement indicating the substitution's effect on the Construction Schedule compared to the Baseline Construction Schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time. (e) Cost information, including a proposal of the net change, if any, in the Contract Sum. (f) Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions, that may be necessary because of the substitution's failure to perform adequately.

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.

4.19 Inspection of the Work - All work is subject to inspection and approval of the Architect.

Unless otherwise stated in the specifications, the City shall perform all required inspections. The Contractor shall notify the Architect before noon of the working day before inspection is required. Unless otherwise authorized, work shall be done only in the presence of the Architect. Any work done without proper inspection will be subject to rejection. The Architect 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

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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 Architect’s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect’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 Architect has not specifically requested to observe prior to it’s being covered, the Architect 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.

Construction noise hours for the City of San Carlos are 8:00 a.m. to 5:00 p.m. Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays. No construction noise on Sundays and holidays, and no radios will be allowed on this Project. If the Contractor works outside these times, the Contractor may be charged for additional inspection. Inspection by the Architect 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.

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SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Orders - The Contractor recognizes that the City is a public agency and that it can only act through its duly authorized agents. In this regard, the Contractor agrees that only written change orders, executed by the governing body of the City, shall be valid. The Architect 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 Architect. 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 Architect 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 Architect by writing a Request for Information, and await direction from the Architect before proceeding.

If the Contractor encounters a changed condition, as defined by one or more of the conditions below, the Contractor shall notify the Architect 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.

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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 Architect 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 Architect’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 Architect, 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 Architect and increase the amount of work to be done, such added work shall be known as Extra Work. When such corrections, alterations or modifications decrease the amount of work to be done, such deleted work shall be known as Omitted Work. The General and Special Provisions shall apply with equal force to all extra and omitted work.

When the Contractor considers that any changes ordered involve extra or omitted work, Contractor shall immediately notify the Architect 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 substantiating records and documentation with records and/or claims for compensation to be provided no later than 30 days following the time in which the work claiming to be extra was performed.

Unless notification of extra work is documented, and unless a complete statement of materials used and expenses incurred is furnished by the Contractor, 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 Architect.

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.

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A change order may be in the form of a City directed change order or an agreed upon change order. Upon the receipt of either form of change order, the Contractor shall proceed promptly and diligently with the extra work.
(a) City Directed Change Orders - A City directed change order may be issued by the City without the Contractor’s signature where the City 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 Architect with a cost proposal in a form satisfactory to the Architect, 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 records

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and reports shall be submitted to the ArchitectCity 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 ArchitectCity.
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 Architect, 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 Architect and Contractor fail to agree as to whether an alteration ordered by the Architect 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 Architect, within ten (10) working days after receiving direction from the Architect, a written protest detailing the particulars of the dispute and the amount of additional compensation or time required for the alteration. Failure of the Architect 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 Architect.

If the Contractor has complied with the notification requirements of this sub-section, consideration of payment due shall be made as later determined through claim resolution procedures as set forth in General Provisions, Section 10, “Measurement and Payment”.

Although not to be considered as approval for proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with General Provisions, Section

5.07, “Extra Work”.

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SECTION 6 - CONTROL OF MATERIALS

6.01 Materials and Workmanship - All materials, parts and equipment furnished by the Contractor in the work shall be new, high grade, and free from defects. Workmanship shall be in accordance with generally accepted standards. Materials and workmanship shall be subject to the Architect’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 Architect.

If the Contractor fails to replace any defective or damaged work or material after notice from the Architect, the Architect 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 Architect 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 Architect with periodic reports to inform the Architect 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 the contract.

The Contractor shall not, without the City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be 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 Architect, the proposed substitution must be submitted in sufficient time, before the normal use or installation of the material, process or equipment, for the Architect to determine the equivalency and for the Contractor to make any required purchases (including delivery).

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The Architect shall be responsible for solely determining whether the material proposed for substitution is equivalent to that specified, and the Architect’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 Architect 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 Architect. Unless otherwise provided by the Special Provisions, all testing shall be performed under the direction of the Architect, 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.

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SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation - Pursuant to Government Code, Section 4215: “in any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is the subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the Contractor for the costs of location, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. The Contract documents shall include provisions that the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities.”

7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure - The Contractor shall locate and protect service laterals, conduits, and appurtenances of any underground facility, the presence of which could be reasonably inferred from the Contract Documents or from the presence of visible facilities such as buildings, meters, and junction boxes, prior to doing any work that may damage any such facilities, or interfere with their service. Where underground main distribution conduits, such as water, gas, sewer, electric power, telephone, or cable television are shown on the plans, the Contractor shall assume that every parcel will be served by a service connection for each type of utility. The Contractor shall comply with all requirements for the protection of underground infrastructure as set forth in Government Code, Sections 4215 through 4216.9.

It shall be the Contractor’s responsibility to complete all work in a manner that satisfies utility company standards, providing if requested, detailed plans prepared by a California Registered Civil Architect 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 Architect, 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 Architect 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 Architect 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

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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 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 Architect, 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 Architect, additional protection may be paid by change order, for utilities other than a service connection.

The Contractor shall immediately notify the Architect 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, the Contractor’s expense, a cushion of expansion joint material, clear opening, sleeve, or other suitable material approved by the Architect so as to prevent embedment or bonding of the utility with the concrete shall be furnished and installed.

ArchitectArchitect

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.

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 Architect 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.

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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 Architect 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 operations so as to permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.

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SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed - Within twenty-one (21) calendar days following receipt of the signed agreement, bonds and insurance, the City shall issue the Contractor a Notice to Proceed provided that the documents are acceptable to the City. Unless stated otherwise, the contract 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 Architect 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 Architect’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 Architect, on a weekly basis at the project’s progress meetings, a three-week look ahead schedule. The schedule

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must show planned activities in sufficient detail to allow proper monitoring of the planned construction activities.

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 Architect, 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. When 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 Architect 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) .
(e) A draft of the master Baseline Construction 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) .
(i) Videotape and/or photography of the project’s existing condition (to be completed prior to starting construction.
(j) .

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 Architect at a time agreeable to both the Architect and the Contractor. Contractor shall also attend special meetings in addition to regular progress meetings if necessary and directed by the Architect.

8.11 Hours of Construction - Construction activities shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. No work shall be done on weekends, holidays or outside these specified hours, unless otherwise approved by the City. 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 5:00 p.m. Monday through Friday, unless approved by the City.

8.12 .

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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 Architect’s opinion, the suspension is necessary and in the interest of the City.

The Contractor shall immediately comply with any written order of the Architect 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 Architect. 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 Architect 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 Architect 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 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

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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 Architect 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.

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.

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(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 estimate of the amount of such damages. The Architect may deduct any liquidated damaged owed to the City, as determined by the Architect 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

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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 Architect’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 Architect. 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 Architect 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 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”.

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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.

San Carlos City CouncilJanuary 12, 2026

San Carlos City Council
January 12, 2026