Agenda packet — San Carlos City Council, April 13, 2026 (part 1 of 5)

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
April 13, 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

4. CHANGES TO THE ORDER OF THE AGENDA

5. REPORT FROM CLOSED SESSION

6. PRESENTATIONS

Present a Proclamation Recognizing April 2026 as Parkinson’s Awareness Month. b.

Present

Proclamations

Recognizing

Central

Middle

School

and

Tierra

Linda
Middle

School

for

Receiving

the

2026

California

Distinguished

School
Designation.

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 City Council February 23, 2026 Regular Meeting Minutes. c.

Approve the City Council March 6, 2026 Special Meeting Minutes. d.

Approve the City Council March 7, 2026 Special Meeting Minutes. e.

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

Adopt

Resolution

Appropriating

Additional

$32,032

from

the

General

Capital
Fund

(Fund

25)

Unassigned

Fund

Balance

the

Corporation

Yard

Roof
Replacement and Solar Panel Upgrade Project C2410.
g.

Adopt

Resolution

Approving

the

Parcel

Map

for

the

549

Prospect

Street
Development, Assessor Parcel Number 050-034-150.
h.

Adopt

Resolution

Awarding

the

San

Carlos

Library

Makerspace
Project

and

Authorizing

the

Execution

Public

Projects

Agreement

with

Foundry
Construction,

Inc.

Oakland,

California

the

Amount

$789,288

Plus

a
15% Contingency, for a T otal Not-to-Exceed Amount of $907,681.20. i.

Adopt

Resolution

Approving

the

Specifications

for

the

2026

Sewer

Lateral
Replacement Project (C1737) and Authorizing a Call for Bids. j.

Adopt

Resolution

Approving

the

Plans

and

Specifications

for

the

Library

Elevator
Upgrade Project (C2518) and Authorizing a Call for Bids. k.

Adopt

Resolution

Approving

the

Specifications

for

the

2026

Sewer

System

CCTV
Inspection Project (C1736) and Authorizing a Call for Bids. l.

Adopt

Resolution

Authorizing

the

Execution

Agreement

between

the
Metropolitan

Transportation

Commission

and

the

City

San

Carlos

for

T echnical
Assistance for the Pavement Management T echnical Assistance Program. m.

Adopt

Resolution

Approving

the

Amendment

the

Agreement

with

Azul

Works,
Inc.

Grant

T emporary

Use

the

City-Owned

Property

1800

Camino

Real
for

Construction

Staging

Associated

with

the

Harrington

Park

Refresh

Project

at
No

Charge

and

Authorizing

the

Execution

the

Amendment

and

Any

Related
Documents.
n.

Adopt

Ordinance

1634

Amending

the

San

Carlos

Zoning

Map

and

Title

18 -

Zoning
Ordinance,

the

San

Carlos

Municipal

Code

T emporarily

Excluding

Sites

Within
the

MU-DC-100

Mixed-Use

Downtown

Core,

MU-D-120

Mixed-Use

Downtown,
MU-SC-120

Mixed-Use

San

Carlos

Avenue,

and

RM-100

Multiple

Family

Zoning
Districts

that

are

Within

0.25 Miles

the

San

Carlos

Caltrain

Station,

Pursuant

to
Senate Bill (SB) 79, the Abundant and Affordable Homes Near Transit Act.

3 o. Adopt Ordinance 1635 Amending Planned Development Ordinance 1265 and Adopting a Planned Development (PD) Plan for the Property Known as the San Carlos Elms Senior Assisted Care Facility (APN 050-152-320) 707 Elm Street (PD- 14).

10. REPORTS TO COUNCIL
Reports to the Council are updates on key City Projects by City Staff and City Council Subcommittees. They are informational in nature, and no action will be taken on these items at this meeting.
a. Receive an Update Regarding Pacific Gas & Electric Company’s (PG&E) Compliance with the City’s Utility Notification Policy.

11. NEW BUSINESS
a. Consideration of Adopting a Resolution Adopting the City of San Carlos 2026 Strategic Plan.

12. AGENDA SETTING
Items discussed in this Agenda Setting Section will be considered by the Council for placing on a future agenda. No action will be taken on these items at this meeting. a. Consideration of Agendizing an Informational Item to Provide a Breakdown on the Cost of Downtown Project Phase 1B.
b. Consideration of Agendizing an Item to Discuss the Walnut Street Development Proposed by MidPen Housing and San Mateo County.

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

In compliance with the Americans with Disabilities Act and Title VI, and as outlined in the City’s Reasonable Accommodations Policy, if you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (650) 802-4222 or via email at [email protected]. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 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
February 23, 2026 7:00 PM

MINUTES

ROLL CALL

City Council Present:

City Council Absent:

Pranita Venkatesh, Mayor
John Dugan, Councilmember
Neil Layton, Councilmember
Sara McDowell, Councilmember

Adam Rak, Vice Mayor

Staff Present: Nil Blackburn, Interim City Manager
Shon Buford, Deputy Fire Chief
Baraka Carter, Fire Chief
Akanksha Chopra, Senior Management Analyst
Andrea Mardesich, Assistant Community Development Director Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Amy Newby, Parks and Recreation Director
Laura Richstone, Senior Planner
Gregory Rubens, City Attorney
Al Savay, Community Development Director

1. CALL TO ORDER

Mayor Venkatesh called the meeting to order at 7:00 p.m.

2. TELECONFERENCE ANNOUNCEMENTS BY COUNCIL

None.

3. PLEDGE OF ALLEGIANCE

Mayor Venkatesh led the Pledge of Allegiance.

4. CHANGES TO THE ORDER OF THE AGENDA

None.

5. PRESENTATIONS

a. Receive an Introduction to the New Deputy Fire Chief – Shon Buford.

Fire Chief Barack Carter introduced new Deputy Fire Chief Sean Buford, a 30-year veteran of the San Francisco Fire Department. Buford will oversee training, EMS, community risk reduction, and

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serve as City liaison.

Deputy Chief Buford expressed appreciation for the welcome and his commitment to serving the community.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Council Member Dugan reported that Peninsula Clean Energy is shifting focus to energy storage, highlighting a partnership with Hydrostor for a compressed air system to support solar power.

Mayor Venkatesh reported on the successful first wine walk and announced upcoming Lunar New Year celebrations at Burton Park and the Adult Community Center.

7. PUBLIC COMMENT

Peter, a resident, spoke regarding the Crestview Drive improvement project and urged the Council to prioritize safety for all residents.

Ben Mangiafico, a resident, expressed support for the Crestview Drive and Brittan Avenue projects.

Mariam Cortic, a resident, expressed support for the Crestview Drive and Brittan Avenue projects.

Eliana, a resident, expressed support for the Crestview Drive and Brittan Avenue projects.

8. CONSENT CALENDAR

Council Member Layton thanked the Commissioners seeking reappointment (Items ‘g’ – ‘k’), recognizing their service in advising Council. Mayor Venkatesh also expressed appreciation to these volunteers and noted this may be the first year without commission interviews.

MOTION: Adopt City Council Consent Calendar Items ‘a’ through ‘l’.

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

a. Motion to Waive Reading of All Ordinances.

b. Approve the City Council January 14, 2026 Special Meeting Minutes.

c. Approve the City Council January 26, 2026 Special Meeting Minutes.

d. Accept the Fiscal Year 2025-26 Second Quarter Financial Report for the Period Ending December 31, 2025.

e. Accept the Fiscal Year 2025-26 Second Quarter Investment Report for the Period Ending December 31, 2025.

f. Adopt a Resolution Authorizing the Execution of a Professional Services Agreement for On-Call Planning Staffing Consulting Services for the Community Development Department and Other Departments as Requested, for a Period of Three Years, with the Option of Two, One-Year

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Extensions, with Individual Contract Amounts Not to Exceed $300,000 per Contract per Fiscal Year with EMC Planning Group, MNS Engineers, and PlaceWorks. Resolution 2026-018

g. Reappoint Andy Klein to the Museum of San Carlos History Board for the Term Ending June 30, 2029.

h. Reappoint Robert Bollier to the Parks, Recreation and Culture Commission for the Term Ending June 30, 2029.

i. Reappoint Anthony Kamm to the Economic Development Advisory Commission for the Term Ending June 30, 2029.

j. Reappoint Rajesh Krishnan to the Economic Development Advisory Commission for the Term Ending June 30, 2029.

k. Reappoint Karen Molinari to the Economic Development Advisory Commission for the Term Ending June 30, 2029.

l. Appoint Vince Gritsch to the Economic Development Advisory Commission as an Alternate Member for a Full Term from July 1, 2026 to June 30, 2029.

9. NEW BUSINESS

a. Adopt a Resolution Authorizing the Creation of the City of San Carlos Electric Leaf Blower Pilot Rebate Program for Residents and Commercial Landscapers.

Senior Management Analyst Akanksha Chopra presented the proposed pilot rebate program and, along with Assistant Community Development Director Andrea Mardesich, responded to Council questions.

Public Comment
- Justin Hagler, a resident, supported the rebate program and urged Council to consider a full ban; he also offered suggestions to expand the program.

- Josh Saffren, a resident, praised the program’s educational focus and provided suggestions to strengthen it.

- Emily Burt, a resident, supported the program as a first step, emphasized an eventual ban, and offered suggestions to strengthen it.

- Cecily Mock, a resident, expressed support for the rebate program and its educational campaign.

- Emma Dougherty spoke about the health benefits of transitioning to electric leaf blowers for residents and landscapers.

Council supported the proposed outreach efforts and added direction to make postcards available online for reprinting, if needed, and to consider marketing through the Garden Club.

Councilmembers expressed support for the program as a first step toward reducing pollution and noise impacts while acknowledging concerns about enforcement and program effectiveness.

They emphasized monitoring and potential adjustments to the program in future years.

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MOTION: Adopt Resolution 2026-019 Authorizing the Creation of the City of San Carlos Electric Leaf Blower Pilot Rebate Program for Residents and Commercial Landscapers with an amendment to publish a list of landscapers who use the Program.

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

10. AGENDA SETTING

a. Consideration of Agendizing an Item Sponsoring the Community Foundation of San Carlos’ 2026 Annual Community Awards and Fundraiser on April 16, 2026 in the Amount of $5,000.

Council Member Dugan requested that the Council consider discussing the City’s financial support for the Community Foundation’s annual gala.

Some concerns were raised about ongoing financial contributions. The item was tabled for future discussion.

11. ADJOURNMENT

The meeting adjourned at 8:04 p.m.

Crystal Mui,
City Clerk

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San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
The Alexandria at San Carlos, Boardroom 133
835 Industrial Road, San Carlos, CA 94070
March 6, 2026 10:00 AM

MINUTES

ROLL CALL

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

Staff Present: Rebecca Mendenhall, Administrative Services Director Angie Rodriguez, Human Resources Manager
Gregory Rubens, City Attorney

1. CALL TO ORDER

Mayor Venkatesh called the meeting to order at 10:04 a.m.

2. PUBLIC COMMENT

None.

3. CLOSED SESSION

a. Closed Session Regarding the Appointment of a Public Employee Pursuant to Paragraph (1) of Subdivision (b) of Government Code §54957 for City Manager.

4. REPORT FROM CLOSED SESSION

None.

5. ADJOURNMENT

The meeting adjourned at 6:30 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
March 7, 2026 10:00 AM

MINUTES

ROLL CALL

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

Staff Present: Rebecca Mendenhall, Administrative Services Director Angie Rodriguez, Human Resources Manager
Gregory Rubens, City Attorney

1. CALL TO ORDER

Mayor Venkatesh called the meeting to order at 10:00 a.m.

2. PUBLIC COMMENT

None.

3. CLOSED SESSION

a. Closed Session Regarding the Appointment of a Public Employee Pursuant to Paragraph (1) of Subdivision (b) of Government Code §54957 for City Manager.

b. Closed Session Conference with Labor Negotiators Black, Mendenhall, Rodriquez, and Rubens Pursuant to Govt. Code Section 54957.6 for City Manager.

4. REPORT FROM CLOSED SESSION

None.

5. ADJOURNMENT

The meeting adjourned at 4:30 p.m.

Crystal Mui
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 13, 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:

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

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 2025-26 third quarter reports from the following commissions and boards for the period of January through March 2026:

- 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:
_______________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Economic Development Advisory FY2026 Q3 Report

2. Museum FY2026 Q3 Report

3. Parks, Recreation and Culture FY2026 Q3 Report

4. Planning and Transportation FY2026 Q3 Report

5. Youth Advisory FY2026 Q3 Report

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CITY OF SAN CARLOS

ECONOMIC DEVELOPMENT ADVISORY COMMISSION (EDAC)

QUARTERLY REPORT, JANUARY-MARCH 2026

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

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 two times during the third quarter of 2025–2026.

On January 27, 2026, the commission received an introductory presentation from the Director of the San Mateo Small Business Development Center regarding the organization's services for small businesses. During the study session, the commission discussed potential business tours in the Innovation District, the planning and launch of the Business Owners Sharing Stories (BOSS) Meetup in San Carlos, and the selection of business types and guest speakers for future meetings. Additionally, the commission received an update on 2025 business outreach efforts, including Business Walks and the Holiday Passport Program.

On March 24, 2026, the commission received a presentation from Rebecca Cicirelli of MidPen Housing, which included an introduction to the organization and a discussion regarding the 626 Walnut St. project. The commission also heard an update from Andrew Douglass on the Downtown Prosperity Team (DPT) workplan as it relates to the Downtown/Harrington Park construction. The subsequent study session featured a debrief on the upcoming BOSS meeting and recent business tours, alongside brainstorming for future tour opportunities. Finally, the commission received an update on the newly launched Instagram account and discussed potential strategies for future social media content.

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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
1/27/2026 P P U PPPP N / A
3/24/2026 PPEPPPP N / A
Total Unexcused Absences
3rd Quarter 00 1 - U 00000
Total Unexcused Absences
This Fiscal Year 00 1 - U 00000
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
3nd Quarter Report to the San Carlos City Council
January 1, 2026 – March 31, 2026

This report covers the time period from January 1, 2026 - March 31, 2026.

The Museum Board had 2 regularly scheduled meetings during this time period. The January & March meetings took place as scheduled. The meetings were held via Zoom and were attended by all Board members.

The 3rd quarter was a busy one, creating and improving displays and participating in many Week of the Family events.

Attendance
• All three City representatives were present at the January 14th meeting; • Two City representatives were present at the March 10th meeting; • The Villagers, the Museum docent group, held in-person meetings at the Museum on January 14th and March 11th. 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, many attending the first time for special events. • The time capsule was buried for the next 25 years on January 30, 2026, there was a reception held after the burial.
• The museum held an open house from 10:00-11:30 on January 31, 2026 following the Week of the Family history walk.
• The Week of the Family Boondoggle event started at the Museum and ended at the Museum bringing new visitors to us.
• All professional signage for the Lamchin, Arguello, and Baseball exhibits have been installed.
• We repaired some water damage to a wall near the Lamchin exhibit, and it is now being painted.
• The new War Dogs exhibit has been installed. We are waiting on a small display case to place beneath it; the video display will be set up after the case is in place. • The new Miss San Carlos exhibit was installed. The display case and video are being set up now.

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

Respectfully Submitted by,

Cori Menezes Carpenter
MSCH Secretary
3/30/26

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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 000
11/12/2025 P P P
Total Unexcused Absences
2nd Quarter 000
1/14/2026 PPP
3/10/2026 EPP
Total Unexcused Absences 3rd
Quarter 000
Total Unexcused Absences
This Fiscal Year 000
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
Third Quarter for FY 2026
January – March 2026

The Parks, Recreation & Culture Commission did not meet during third quarter, FY 2026.

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Planning and Transportation Commission
FY 2026 Q3 Quarterly Report
January 1, 2026 – March 31, 2026

Summary of Accomplishments

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

February 2, 2026:

1. 1301 Old County Road - Public Hearing to Consider a Conditional Use Permit Amendment to remove a condition of approval for Ducky’s Express Car Wash (APN: 046-191-100).

Environmental Determination: Categorically exempt under CEQA 15301 Existing Facilities, Class 1. The CUP Amendment will not result in expansion of the existing use or floor area – Approved.

March 2, 2026:

1. 707 Elm Street - Request to approve a Conditional Use Permit, Design Review, and adopt a Resolution recommending the City Council amend Planned Development Ordinance 1265 and Approve a Planned Development Plan to allow a floor area addition and interior remodel to the existing senior living facility, resulting in three (3) net new units, pursuant to San Carlos Municipal Code (SCMC) Chapters 18.27, 18.29, 18.30, and 18.36. APN: 050-152- 320 – Approved.

2. Consideration of a Resolution Recommending the City Council Adopt an Ordinance to Amend the San Carlos Zoning Map and Title 18, Zoning Ordinance, of the San Carlos Municipal Code Temporarily excluding sites within the MU-DC100 Mixed-Use Downtown Core, MU-D-120 Mixed-Use Downtown, MU-SC-120 Mixed-Use San Carlos Avenue, and RM- 100 Multiple Family Zoning Districts that are within 0.25 miles of the San Carlos Caltrain Station, from Senate Bill (SB) 79, the Abundant and Affordable Homes Near Transit Act – Approved.

March 16, 2026:

1. Northeast Area Specific Plan - Public Comment Hearing on the Draft Environmental Impact Report (EIR) – Approved.

2. Receive a presentation on the City of San Carlos’ 2025 Housing Element Annual Progress Report.

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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 PPPPP
8/18/2025 PPPPP
9/2/2025 PPPPP
9/15/2025 PPPPP
Total Unexcused Absences
1st Quarter 00000
10/6/2025 PPPPE
10/20/2025 - C
11/3/2025 PEPPP
11/17/2025 PPPPP
12/1/2025 - C
12/15/2025 PPPPE
Total Unexcused Absences
2nd Quarter 00000
1/5/2026 - C
1/20/2026 - C
2/2/2026 PPEPE
2/17/2026 - C
3/2/2026 PPPPP
3/16/2026 PEPPE
Total Unexcused Absences
3rd Quarter 00000
Total Unexcused Absences
This Fiscal Year 00000
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 e nsuring steady communication and staying informed on current discussions. Members are expected to attend all scheduled meetings and should make every effor tt o 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

January 2026 – March 2026

February 2026:
• On February 27th YAC made the decorations for the Youth Center Glow Dance and managed the coat and bag check for 200 middle schoolers who attended the dance.

March 2026:
• On March 3rd, YAC began a four-week “Poetry and Wellness” series for the Youth Center Drop-In program. The program aims to explore poetry as a tool for self- expression, reflection, and confidence-building. YAC members guided Drop-In participants through lessons including Poetry and Haiku, Rhyme and Rhythm, and Free Form and Personal Voice.
• On March 7th, YAC attended a one-day conference called “YAC Attack” at the Los Altos Community Center. During YAC Attack, YAC members learned about local government by attending a keynote panel of elected officials. YAC networked with youth council members from various cities in San Mateo and Santa Clara counties while attending workshop sessions led by both industry professionals and other youth councils.

Additionally, the YAC Wellness Subcommittee led a presentation on “A Systematic Approach to Mental Health” which focused on mechanisms to creating actionable change on a local level.
• YAC began recruitment efforts for the 2026-2028 term by advertising the YAC application, creating school-wide presentations, and communicating with local schools with information on applying to the Youth Advisory Council. • On March 21st, YAC organized a Laurel Street Cleanup for middle and high school students. At the cleanup, YAC collected trash and debris from the alleyways surrounding the 600 and 700 blocks of Laurel Street.
• YAC led a yoga and mindfulness-themed presentation for 25 teens during the Teen Wellness Retreat on March 28th. Participants de-stressed while learning basic yoga techniques and practicing mindfulness through guided meditation.

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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
1/14/2026 P P P P P P P P P P P P P
2/11/2026 P P P P P P P U P EPP P
3/11/2026 - C C C C C C C C C C C C C C
Total Unexcused Absences
3rd Quarter 00 0 0 0 0 0 1 - U 0 000 0
Total Unexcused Absences
This Fiscal Year 00 0 1 - U 0 2 - U 0 1 - U 00 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 Commissioner's 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: April 13, 2026
ITEM TITLE: Adopt a Resolution Appropriating an Additional $32,032 from the General Capital Fund (Fund 25) Unassigned Fund Balance to the Corporation Yard Roof Replacement and Solar Panel Upgrade Project C2410.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution appropriating an additional $32,032 from the General Capital Fund (Fund 25) Unassigned Fund Balance to the Corporation Yard Roof Replacement and Solar Panel Upgrade Project (C2410) (“Project”).

FISCAL IMPLICATIONS:

An appropriation of $32,032 is requested from Fund 25 in fiscal year (FY) 2025-26 to the Project for an increase in costs associated with the requirement to remove the existing solar panel brackets, procure and install new brackets for the solar panel upgrades by McMillian Renewable Power Systems. The $32,032 requested will be reimbursed by the Peninsula Clean Energy (PCE) Authority grant and allow use of the entire available grant. The available PCE grant, approved project budget, and total project budget needed are shown below.

Corp Yard Roof Replacement and Solar Panel Upgrade Project Total Maximum Available Peninsula Clean Energy Authority Grant $457,832 Total Approved Project Budget (C2410) $425,800
Remaining Available Peninsula Clean Energy Authority Grant $32,032 Total Payable to Diablo Roofing to complete roof replacement $404,186.45 Contract Amount Approved with McMillan Renewable Power Systems $47,000 Total Project Budget Needed $451,186.45
Additional Project Amount Requested $32,032
BACKGROUND:

The City Council adopted Resolution 2025-035 on May 12, 2025, which authorized the execution of a public projects agreement with Diablo Roofing for replacement of the Corporation Yard Roof.

An agreement was executed between the City and Diablo Roofing on May 28, 2025.

On October 6, 2025, the City executed an agreement with McMillan Renewable Power Systems for upgrades to the solar panel system at the Corporation Yard.

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Construction for the Project was scheduled to start in December 2025, but due to weather conditions, the project was postponed and is now ready to begin.

ANALYSIS:

This requested appropriation is required to complete the Project.

Staff recommend that the City Council appropriate an additional $32,032 from Fund 25 to the Corp Yard Roof Replacement and Solar Panel Upgrade Project (C2410).

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution appropriating an additional $32,032 from the General Capital Fund (Fund 25) Unassigned Fund Balance to the Corporation Yard Roof Replacement and Solar Panel Upgrade Project (C2410); 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:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution

2. PCE Grant Agreement

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROPRIATING AN ADDITIONAL $32,032 FROM THE GENERAL CAPITAL FUND (FUND 25) UNASSIGNED FUND BALANCE TO THE CORPORATION YARD ROOF REPLACEMENT AND SOLAR PANEL UPGRADE PROJECT (C2410).

WHEREAS, staff request appropriation of additional funds to complete the Corporation Yard Roof Replacement and Solar Panel Upgrade Project (C2410) (“Project”); and WHEREAS, the City Council adopted Resolution 2025-035 on May 12, 2025, authorizing the execution of an agreement with Diablo Roofing for replacement of the Corp Yard Roof. This agreement was executed between the City and Diablo Roofing on May 28, 2025; and WHEREAS, an agreement was executed between the City and McMillan Renewable Power Systems for upgrades to the solar panel system at the Corporation Yard on October 6, 2025; and
WHEREAS, an increase in costs is associated with the requirement to remove the existing solar panel brackets, and procure and install new brackets for the solar panel upgrades by McMillian Renewable Power Systems; and
WHEREAS, staff request that the City Council authorize an appropriation of $32,032 from Fund 25 to the Project; and
WHEREAS, staff will request the same amount to be reimbursed by the Peninsula Clean Energy (PCE) Authority grant.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council appropriates $32,032 from the General Fund (Fund 25) to the Corp Yard Roof Replacement and Solar Panel Upgrade Project (C2410).
* * * * *
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 13th day of April 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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AGREEMENT BETWEEN THE PENINSULA CLEAN ENERGY AUTHORITY AND

CITY OF SAN CARLOS FOR MEMBER AGENCY ENERGY GRANT PROGRAM

This Agreement is entered into this 1 day of August, 2024, by and between the Peninsula Clean Energy Authority, a joint powers authority of the state of California, hereinafter called “PCEA,” and City of San Carlos, hereinafter called “Grantee.” * * *

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A—Project Description
Exhibit B—Grant Distribution

2. Grant Process
In consideration of the payments set forth in this Agreement and in Exhibit B, Grantee shall implement the Project in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Grant Distribution
In consideration of the Project to be implemented by Grantee in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, PCEA shall make a grant payment to Grantee in the manner specified in Exhibit B. PCEA reserves the right to withhold final grant payment if PCEA determines that the quantity or quality of the work performed by Grantee is unacceptable or does not meet the requirements of Exhibit B. In no event shall PCEA’s total fiscal obligation under this Agreement exceed four hundred and fifty -seven thousand, eight hundred and thirty -two dollars ($457,832).

In the event that the Project described by Exhibit A does not move forward or is terminated for any reason, Grantee agrees to return any unused grant funds associated with approved project.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from Aug. 1, 2024, through July 31, 2026.

5. Relationship of Parties
Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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Grantee agrees and understands that Grantee is not an employee of PCEA and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of PCEA employees.

6. Hold Harmless
a. General Hold Harmless
Grantee shall indemnify and save harmless PCEA and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of Grantee under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Grantee or its employees/officers/agents;
(B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of PCEA and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which PCEA has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. Payment of Permits/Licenses
Grantee bears responsibility to obtain any license, permit, or approval required from any agency for work/services to be performed under this Agreement at Grantee’s own expense prior to commencement of said work/services. Failure to do so will result in forfeit of any right to compensation under this Agreement.

8. Insurance
PCEA shall not be responsible for the provision of any insurance policy on behalf of the Grantee.

Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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The parties understand and agree that Grantee shall not commence work using the grant funds without insurance coverage appropriate to its specific project and as reviewed by Grantee’s own legal counsel and/or Risk Manager.

9. Compliance With Laws
The Project to be performed by Grantee pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Federal Regulations promulgated thereunder, as amended (if applicable), the Business Associate requirements set forth in Attachment H (if attached), the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in programs and activities receiving any Federal or County financial assistance. The Project shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.

Grantee shall be timely and accurately complete, sign, and submit all necessary documentation of compliance.

10. Retention of Records; Right to Monitor and Audit
(a) Grantee shall maintain all required records relating to the Project under this Agreement for three (3) years after PCEA makes final payment and all other pending matters are closed, and Grantee shall be subject to the examination and/or audit by PCEA, a Federal grantor agency, and the State of California. (b) Grantee shall comply with all program and fiscal reporting requirements set forth by applicable Federal, State, and local agencies and as required by PCEA. (c) Grantee agrees upon reasonable notice to provide to PCEA, to any Federal or State department having monitoring or review authority, to PCEA’s authorized representative, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of the Project work.

11. Merger Clause; Amendments
Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail.

Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.

12. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules.

Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

13. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.

In the case of PCEA, to:

Name/Title: Shawn Marshall, Chief Executive Officer
Address: 2075 Woodside Road, Redwood City, CA 94061
Telephone: 650-474-5002
Email: [email protected]
In the case of Grantee, to:

Name/Title: City Manager
Address: City of San Carlos, 600 Elm St, San Carlos, CA 94070 Telephone: 650 802-4100
Email: [email protected]
Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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14. Electronic Signature
PCEA and Grantee wish to permit this Agreement, and future documents executed pursuant to this Agreement, to be digitally signed in accordance with California law. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.

15. No Recourse Against PCEA’s Member Agencies
Grantee acknowledges and agrees that PCEA is a Joint Powers Authority, which is a public agency separate and distinct from its member agencies. All debts, liabilities, or obligations undertaken by PCEA in connection with this Agreement are undertaken solely by PCEA and are not debts, liabilities, or obligations of its member agencies. Grantee waives any recourse against PCEA’s member agencies.

* * *
In agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

PENINSULA CLEAN ENERGY

AUTHORITY

Shawn Marshall, Chief Executive Officer,
Peninsula Clean Energy Authority

Date:

City of San Carlos

Title:

Date:

ATTEST:

______________________________
Crystal Mui, City Clerk

APPROVED AS TO FORM:

______________________________
Gregory J. Rubens, City Attorney

Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69 December 2, 2024
City Manager
December 12, 2024

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Exhibit A
In consideration of the payments set forth in Exhibit B, Grantee shall execute the following project:

See attached proposal as submitted by
Submittal Date: July 16, 2024
Point of contact name: Nil Blackburn
Point of contact role/title: Assistant City Manager
Point of contact email: [email protected]
Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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Exhibit B
In consideration of the Project implemented by Grantee described in Exhibit A and subject to the terms of the Agreement, PCEA shall pay Grantee based on the following fee schedule and terms:

Eligible Project Expenses
Expenses funded under this agreement must be in alignment with PCEA’s mission and the goals of its Strategic Plan to decarbonize the service territory. Expense must be tangible infrastructure associated with electric power.

Examples of eligible projects:

1. Installation of EV charging infrastructure for fleet or public use

2. Building heat pump systems in government facilities

3. Incentive programs for electrifying landscape equipment, etc.

4. Installation of solar and storage systems

5. Upgrades to efficient street lights

Ineligible projects and costs:

1. Purchase of equipment using fossil fuels

2. Staff time associated with operations and other administrative costs

3. Indirect decarbonization education or general transportation infrastructure such as workshops and bike lanes

4. Production of reports or plans

Payments

1. First payment: $228,916. Upon execution of this contract

2. Second payment: $228,916. Upon receipt of project invoices for Eligible Project Expenses of $457,832 or more. Send materials to
[email protected]. PCEA reserves the right to review the submitted invoices and Grantee must respond to reasonable requests for clarifications on the information provided. PCEA reserves, at its sole discretion, the right to approve and/or reject project invoices from Grantee.

Payment Method
Grantee EFT/ACH details for transfers:
o City of San Carlos
o Wells Fargo Bank, San Francisco CA
o 121000248
o 4450-079-280
o Checking
Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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Member Agency Energy Grants Application

1. Overview and description
Corporation Yard Solar Panel Installation and Roof Replacement The solar panel system at the City of San Carlos Corporation Yard has been in operation since 2004.

Due to the age of the system, obtaining technical support and replacement materials has become increasingly challenging. With advancements in solar technology, newer and more efficient models are now available on the market. Additionally, frequent roof issues and leaks necessitate a complete roof replacement to ensure the integrity of the building and the new solar panel system.

2. Outcomes and benefits
Energy Savings: The new roof and updated solar panel system will save energy costs and generate more electricity than the existing setup. In fact, it is estimated that an additional 50 kW can be added to the Corporation Yard, thereby doubling the size of the existing 50 kW system.

Efficiency: The newer solar panels will be more efficient, reducing maintenance costs and downtime.

Sustainability: This project supports the City’s sustainability goals by utilizing renewable energy sources.

Structural Integrity: The new roof will protect the building’s structural integrity, preventing leaks and damage that could compromise the solar panel system. A new solar system cannot be installed until the new roof is constructed.
3 . Budget
$644,000 - Corporation Yard Solar Panel Installation and Roof Replacement The City received the following cost estimate in June from McMillan Electric:
• Estimated cost of new solar system: $220,000
• Estimated cost for removal and disposal of current solar system: $80,000 • Estimated cost of roof replacement: $344,000
In the City of San Carlos’ most recent budget update, the City committed $175,000 in funding towards the Corporation Yard Solar Panel Installation and Roof Replacement project in FY 2024-2025 (see page 3). There is still a $469,000 funding gap for this project.

Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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4 . Timeline
Once the project is fully funded, design and construction can begin. The project will be completed no more than 24 months after receiving funds from the Member Agency Energy Grant program. The project will likely begin in the spring of 2025.

Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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C2410: Roof Replacement and Solar Panel Upgrade - NEW
Fund Number: General Fund Capital Project - 0025 Location: Corporation Yard Department: Public Works Strategic Plan: Yes
Project Manager: Lou Duran Priorities: Safety I Necessary Upgrade Category: Facilities Priority Rating: 1
Description
Replace the roof a nd existing solar panels at the Corporation Yard to o ptimize operational efficiency and address critical requirements. The roof replacement arises from prolonged exposure to environmental elements, resulting in significant wear and tear over time.

Justification
The current solar panel system has been in operation since 2004. Challenges arise when technical support a nd replacement materials are unavailable. Given the advancements in technology, newer and more efficient models are readily accessible on the market. Additionally, increased occurrences of roof issues and leaks now necessitate a full replacement.

Fiscal Year 2024 - 2025
New project
Appropriations
Approved Expenses
New request
Total
Fund Financing Sources
Total
Total Capital Project
Total Approved
Budget Total Spent
$ $
$ $
$ $
$ $
$ $
Duration
Status
Pro rammed Fundin
Adopted
Adopted Update Requested
2023-24 2024-25 2025-26
$ $ $
175,000
$ $ 175,000 $
$ $ $
$ $ $
$ $ 175,000 $
Future Impact on Operating Budget
No
Current Strategic Plan Objective
Child Care
t------=x
-=--
----tClimate Change Mitigation, Adaptation & Resilience Downtown I----------<
1-----------i
Housing
,__ _______ __.Mobility, Traffic & Transportation Infrastructure Northeast Area Specific Plan
1-----------iRecreation Services
Capitalized Project X Non-Capitalized Project
Requested Requested Total Project
2026-27 2027-28 Funding
$ $ $
175,000
$ $ $ 175,000
$ $ $
$ $ $
$ $ $ 175,000

CITY OF SAN CARLOS
ADOPTED UPDATED FY 2024-2025 BUDGET
Docusign Envelope ID: B62F4A69-746E-4668-AEBF-5FF11C7C7C69

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 13, 2026
ITEM TITLE: Adopt a Resolution Approving the Parcel Map for the 549 Prospect Street Development, Assessor Parcel Number 050-034-150.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution approving the parcel map for the 549 Prospect Street development (“Development”), Assessor’s Parcel Number (APN) 050-034-150.

FISCAL IMPLICATIONS:

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

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 November 20, 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 new four-unit townhome building at 549 Prospect Street. The Developer is required to improve the sidewalk frontage; provide sewer, storm and water service connections; underground the electrical 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 (Exhibit A to the Resolution). 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.

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.

ALTERNATIVES:

The options available to the City Council include:

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1. Adopt a Resolution approving the Parcel Map for the 549 Prospect Street Development, Assessor’s Parcel Number (APN) 050-034-150; 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:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution
Exhibit A to Resolution - Subdivision Improvement 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 549 PROSPSECT STREET DEVELOPMENT, ASSESSOR PARCEL NUMBER 050-034-150.
____________________________________________________________________________ WHEREAS, the Planning and Transportation Commission made certain findings concerning the Tentative Parcel Map for the “549 Prospect Street Development”, as prescribed in the Tentative Parcel Map Certificate approved on November 20, 2023; and WHEREAS, the subdivider has submitted performance bonds in the amounts of $12,000.00 (Faithful Performance) and $6,000.00 (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 (Exhibit A); and WHEREAS, all other conditions required per said Tentative Parcel Map Certificate have been met or guaranteed.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves the Parcel Map for the 549 Prospect Street Development, assessor parcel number 050- 034-150 and finds it to be in substantial compliance with the Tentative Parcel Map, and authorizes the execution of the Subdivision Improvement Agreement (Exhibit A) for the benefit of the City. * * * * * * *
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 13th day of April 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
Exhibit A – Subdivision Improvement Agreement

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CITY COUNCIL

STAFF REPORT
MEETING DATE: April 13, 2026
ITEM TITLE: Adopt a Resolution Awarding the San Carlos Library Makerspace Project and Authorizing the Execution of a Public Projects Agreement with Foundry Construction, Inc. of Oakland, California in the Amount of $789,288 Plus a 15% Contingency, for a Total Not-to- Exceed Amount of $907,681.20.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution awarding the San Carlos Library Makerspace Project and authorizing the execution of a public projects agreement with Foundry Construction, Inc. of Oakland, California in the amount of $789,288 plus a 15% contingency, for a total not-to-exceed amount of $907,681.20.

FISCAL IMPLICATIONS:

There are limited fiscal implications to the City.

The San Carlos Library Makerspace Project (“Project”) will be paid for using funds budgeted in the San Mateo County Libraries fiscal year 2025-26 Recommended Budget and with a generous contribution from the San Carlos Friends of the Library. The San Mateo County Library Joint Powers Authority (“Library JPA”) Governing Board approved $800,000 for the Project on June 16, 2025. The Friends of the San Carlos Library have contributed $116,484 towards the project. The allocation in San Mateo County Libraries’ budget and approval by the Library JPA Governing Board means that the City of San Carlos does not need to use City funds for this Project. However, it will impact the calculation at the end of the year regarding surplus restricted trust funds allocable to the City. Current year expenditures will increase owing to this Project, likely reducing the amount of excess funds available for use by the City in fiscal year 2026-27. Since the Project, including the 15% contingency, is funded by the aforementioned sources, any changes in the scope will be brought to the library staff for concurrence and / or change order approval.

BACKGROUND:

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 Library JPA. Upon further review, staff identified additional specifications – specifically the General Provisions and Specific Provisions – that were inadvertently omitted from the November 10, 2025 plans and specifications. This item returned to the Council on January 12, 2026, at which time the Council adopted Resolution 2026-005 approving those specifications.

Project Background. The Library JPA Governing Board approved a Makerspace Master Plan in

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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 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.

ANALYSIS:

The City advertised its request for construction bids on January 14, 2026, on the City’s website, and the request for bids was also published on January 14, 2026, and January 19, 2026. The sealed bids were opened on February 19, 2026. The following table shows the bids in order from lowest to highest:

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CONTRACTOR TOTAL BID AMOUNT
Argos Construction $594,800
Zone 4 Construction, Inc. $731,355
Foundry Construction, Inc. $789,288
North Bay Design and Build, Inc. $809,000
CWS Construction Group, Inc. $889,000
Medical Facilities Solution dba MFS Const. $970,266.03
The bid documents require that any bidder wishing to protest the bid of another contractor submit a bid protest to the City within five (5) business days of the bid opening. The City received three timely bid protests from the second-, third-, and fourth-lowest bidders, which collectively challenged the responsiveness of the bids submitted by four lowest bidders. The City reviewed those protests and, by letter on March 6, 2026, directed the involved bidders to submit responses to the protests no later than March 13, 2026 (Attachment 3). The City received responses from Argos Construction, Foundry Construction, and North Bay Design and Build. After reviewing these responses and conducting a review of the bidding requirements and bids submitted, City staff found that the lowest responsive bid was submitted by Foundry Construction, Inc. The City issued a letter to the involved bidders on April 6, 2026 (Attachment 4), which notified the bidders of Staff’s finding that Foundry’s bid was the lowest responsive bid and provided the explanation for that finding. The letter also notified the bidders that City staff would recommend to the City Council that it award the Project contract to Foundry Construction.

After review by the City Attorney and Public Works Engineering, the lowest and responsible bid was submitted by Foundry Construction, Inc. with a total bid amount of $789,288. The variance between the total bid amounts can be attributed to current economy, material, and labor availability, and other obligations.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution awarding the San Carlos Library Makerspace Project and authorizing the execution of a public projects agreement with Foundry Construction, Inc. of Oakland, California in the amount of $789,288 plus a 15% contingency, for a total not-to-exceed amount of $907,681.20; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Chris Valley, Building Official
Al Savay, Community Development Director

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Approved for submission by:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution

2. Foundry Construction Bid Proposal

3. City’s March 6, 2026 Bid Protests Response Letter

4. City’s April 6, 2026 Bid Protests Findings Letter

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RESOLUTION NO. 2026 – ____

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

AWARDING THE SAN CARLOS LIBRARY MAKERSPACE PROJECT AND AUTHORIZING

THE EXECUTION OF A PUBLIC PROJECTS AGREEMENT WITH FOUNDRY CONSTRUCTION, INC. OF OAKLAND, CALIFORNIA IN THE AMOUNT OF $789,288 PLUS A 15% CONTINGENCY, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $907,681.20.

WHEREAS, 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; 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, in November of 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, at the November 10, 2025, and January 12, 2026, City Council meetings, Council adopted Resolutions approving the plans and specifications for the Makerspace Project; and WHEREAS, the City advertised its request for construction bids on January 14, 2026, on the City’s website, and the notice inviting bids was also published on January 14, 2026, and January 19, 2026; and
WHEREAS, the sealed bids were opened on February 19, 2026; and WHEREAS, the City Attorney and Public Works Engineering determined the lowest and responsible bid was submitted by Foundry Construction, Inc. of Oakland, California; and WHEREAS, staff recommend awarding the San Carlos Library Makerspace Project to Foundry Construction, Inc. of Oakland, California.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby awards the San Carlos Library Makerspace Project and authorizes the execution of a public projects agreement with Foundry Construction, Inc. of Oakland, California in the amount of $789,288, plus a 15% contingency, for a total not-to-exceed amount of $907,681.20. * * * * *
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 13th day of April 2026, by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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

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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: Foundry Construction, Inc.

Contact Person: Alan Sau
Business Street Address: 66 Franklin Street, Suite 300
City, State, Zip Code: Oakland, CA 94607
Phone No.: @10 _) 703-1256
E-mail: [email protected]
Contractor License No.: _1989831
Contractor License Expiration Date: 4/30/2026
Dear Mayor and Members of the City Council:
|, as bidder, declare that | 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, | will not dispute, complain or assert that there was any misunderstanding in regards to the nature or amount of work to be done.
| 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. | have not directly or indirectly induced or solicited any other bidder, pergon, 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. | agree that if this proposal is accepted, | will contract with the City of San Carlos in the form of agréement proposed, will provide all bonds and insurance certificates as required by the agreement and will furnish all equipment and materials and perform all the labor required to complete the work in accordance with the plans, specifications and other contract documents, for the unit or lump sum prices set forth in the Bid Schedule.

Agreement San Carlos Library Makerspace Project
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| 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. | agree that this bid may not be withdrawn for a period of ninety (90) calendar days from the date of the bid opening and that the City reserves the right to reject any or all bids, waive any informality in bids received, and may at its option make the award that in the judgment of the City is to the best interest of the City.

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

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

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

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

Agreement San Carlos Library Makerspace Project
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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 shail 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.

Agreement San Carlos Library Makerspace Project
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BASE BID ITEMS ARE AS FOLLOWS:

San Carlos Library Makerspace Project

BASE BID

DEMOLITION
DUMPSTER AND HAULING $6,240
DUMPSTER AND HAULING SUBTOTAL: | $6,240

ROLLER SHADES
FURNISH AND INSTALL ROLLER SHADES $2,875
ROLLER SHADES SUBTOTAL: | $2,875

METALS & SUSPENDED CEILING
FURNISH AND INSTALL WALL FRAMING AND SOFFET $25,000
FURNISH AND INSTALL SUSPENDED CEILING $41,424
METALS & SUSPENDED CEILING SUBTOTAL: | 66,424

WOOD, PLASTICS AND COMPOSITES
FURNISH AND INSTALL CABINETRY PER PLAN $121,954
FURNISH AND INSTALL CABINET HARDWARE PER PLAN $10,000
WOOD, PLASTICS AND COMPOSITES SUBTOTAL: | $131,954
SOLAR TUBES. FURNISH & INSTALL SOLAR TUBE(S) AND ASSOCIATED FRAMING, $41,181

WATERPROOFING AND FLASHING '
SOLAR TUBES SUBTOTAL: | $41,181

Agreement
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"FINISHES |

THIS SECTION LEFT BLANK
SUBTOTAL:

EQUIPMENT __
EQUIPMENT RENTAL AS NEEDED $2.400
EQUIPMENT SUBTOTAL: | $2.400

ALARM & SPRINKLER SYSTEMS (DEFERRED SUBMITTAL)
DESIGN AND INSTALL OF ALARM & SPRINKLER SYSTEMS (DEFERRED) $16,380 ALARM & SPRINKLER SYSTEMS SUBTOTAL: | $16,380

PLUMBING
FURNISH AND INSTALL SINK AND FAUCET MATERIALS $5,000
FURNISH AND INSTALL ROUGH AND FINISH PLUMBING $14,507
PLUMBING SUBTOTAL: | $19,507

HEATING, VENTILATION & AIR CONDITIONING
FURNISH AND INSTALL NEW HVAC AND DUCT WORK $73,900
HEATING, VENTILATION & AIR CONDITIONING SUBTOTAL: | $73,900

Agreement
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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.

Cal Core (1016473) Petaluma, CA 94954 1000596714
Millwork 4882 Davenport Place
Metro Caswework (931263) Fremont, CA 94538 1000017791
Roofing 10227 International Blvd
Diablo Roofing (1069338) Oakland, CA 94603 1000712175

5. | Glass & Glazing 626 Commerce Court
Heritage Doors & Glass (898245) | Manteca, CA 95336 2000000378 Ceramic Tile 1696 Rogers Ave
Cal Tile (439220) San Jose, CA 95112 1000004328

Acoustical Ceiling 586 Martin Ave #4
Highpoint Acoustic (1036311) Rohnert Park, CA 94928 2000000532 (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.

Agreement San Carlos Library Makerspace Project
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1. The portion of the work, which will be done by each subcontractor; and

2. | Thename 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
Flooring
Subcontractor Name,
Address and License Number
(License No. Required under AB 44)
305 Matthew Street
Registered
with DIR?
Y check if yes

BT Mancini (229210)
Window Covering
San Jose, CA 95050
360 Piercy Road
10000002989

Peninsulators (757800)
Fire Protection
San Jose, CA 95138
350 Enterprise Place
1000007539

RCM Fire Protection (793205)
Plumbing
Tracy, CA 95304
523 Mayfair Ave
1000006192

Pribuss Engineering (251241)
HVAC
South San Francisco, CA 94080
1973 East Bayshore Road
1000016566

Aire Sheet Metal (271264)
Low Voltage
Redwood City, CA 94063
1823 Egbert Ave
1000000307

MDC Low Voltage (947775)
Electrical
San Francisco, CA 94124
143 Dublin Street
1000050754

FS Electric (1109272)

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.

Agreement
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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 Alameda )
Alan Sau (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 President (sole owner, partner, president, secretary, etc.) of Foundry Construction, Inc. (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 notin 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 pave 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: SHEET ED
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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ACKNOWLEDGMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is |
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California County of Alameda )
Lily Yu, Notary Public
(insert name and title of the officer)
On Febraury 17, 2026 before me,
personally appeared Alan Sau
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature Chin ape

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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
JP Morgan Chase Bank, Abraham Morfin, 415-810-6195

Experience Data
The Bidder has been engaged in the contracting business, under the present business name for 5 years. Experience in work of a nature similar to that covered in this Bid extends over a period of 20 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):

N/A

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
See attached sheets

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EXPERIENCE
Foundry Experience: 5 YRS
Industry Experience: 35 YRS

CONTACT
66 Franklin St, Suite 300
Oakland, CA 94607
510.704.3009
[email protected]
www.foundryconstructioninc.com

CERTIFICATIONS

CPR/FIRST AID
OSHA 10
OSHA 30

FORKLIFT

AERIAL LIFT

TELEHANDLER

RIGGING
NATE
CARLIN

GENERAL SUPERINTENDENT

Nate is at the wheel of all Foundry projects, overseeing all subcontractors and employees. He has the technical knowledge and vision to navigate and deliver complex projects. Nate’s years of experience has taught him how to ensure a successful delivery of every project when working with stakeholders such as owners, architects, inspectors, and construction managers.

When Nate is not spending time with his twin boys and wife, Gerilyn, you can catch him fly fishing in the mountains, golfing, or playing the banjo.

PROJECT RELVANT EXPERIENCE
Physics Building Maker Lab - Berkeley
Subdivision and conversion of an existing student mechanical shop into an Undergraduate research-oriented maker lab for optics and electronics.

Scope included new finishes, laboratory metal casework, fire rated doors and glazing, and utility modifications to accommodate equipment Value: $500,000.
2"4 Floor Spec Suite - Oakland
Selective demolition of multiple suites on the 2” floor to create a new full floor office space for a speculative tenant. Scope of work included upgrades / replacement of the existing HVAC system, new lighting, new power distribution, and finishes for offices, phone rooms, break rooms, Conference rooms, Board rooms, etc.

Value: $3,000,000.

B63 Dyno Lab Renovation - Richmond
Conversion of an existing office space to lab space. Scope of work included abatement and remediation of the existing space, foundation work and installation of new structural steel beams to support the lab.

Additional power was brought onsite for testing equipment along with a brand-new chiller and process piping to support the new lab space.

Value: $2,000,000.

REFERENCES
Brandon Stinespring, Longfellow Real Estate Partners, 650.272.7164 Geri St Cyr, Bridgeton Real Estate 510.320.6363

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EXPERIENCE
Foundry Experience: 5 YRS
Industry Experience: 11 YRS

CONTACT
66 Franklin St, Suite 300
Oakland, CA $4607
510.704.3009
[email protected]
www.foundryconstructioninc.com

CERTIFICATIONS

CPR/FIRST AID
OSHA 10
OSHA 30
ALAN
SAU

SENIOR PROJECT MANAGER
Alan is a seasoned leader with experience in high profile and complex construction projects. His background includes the construction of commercial buildings, parks, libraries, non-profits and K-12 schools. His deadline-driven commitment to service and quality help guide his team in delivering extraordinary products. He works closely with project management teams, owners, architects and subcontractors from pre- construction to closeout of the project.

In his free time, Alan and his wife enjoy camping with their two dogs, skiing and biking the Bay Area

PROJECT RELEVANT EXPERIENCE
Physics Building Maker Lab - Berkeley
Subdivision and conversion of an existing student mechanical shop into an Undergraduate research-oriented maker lab for optics and electronics.

Scope included new finishes, laboratory metal casework, fire rated doors and glazing, and utility modifications to accommodate equipment Value: $500,000.
2" & 3° Fl Courts - Oakland
Renovation of an existing court facility including the construction of a state-of-the-art security check-in area, library, offices, all gender restrooms, conference rooms, breakroom, offices, server room, etc.

Value: $4,000,000.
12" Floor - Emeryville
Renovation project for a large biotech company. Scope of work included the construction of new offices, reception area, all gender restroom, conference rooms, training rooms, breakrooms, and executive office suite area.

Value: $2,000,000.

REFERENCES
Hao Pham, LPC West, 510.424.5628
Brandon Stinespring, Longfellow Real Estate Partners, 650.272.7164 Geri St Cyr, Bridgeton Real Estate 510.320.6363

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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. See attached sheet

PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

Agreement San Carlos Library Makerspace Project
Page A-13

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FOUNDRY CONSTRUCTION

Project Name:

Project Address:

Owner’s Name:

Contract Value at Award:

Total Change Order
Value:

Completion Date:

Owner’s Representative
E-Mail:

Current Phone Number:

Brief Scope:

Project Name:

Project Address:

Owner’s Name:

Contract Value at Award:

Total Change Order
Value:

Completion Date:

Owner's Representative
E-Mail:

Current Phone Number:
: Brief Scope:

Project Name:

Project Address:

Owner’s Name:

Contract Value at Award:

Total Change Order
Value:

Completion Date:

Owner’s Representative
: E-Mail:

Current Phone Number:
, Brief Scope:

Statement of Experience
12" Floor BioMADE
1900 Powell Street, Emeryville, CA 94608
LPC West
$1,575,441.00
$101,814.04
08/2024
Hao Pham, [email protected]
510.424.5628
Tenant Improvement project including selective demolition, installation of new non-rated partitions, DFH, glass, finishes, new MEPF distribution and modifications to existing fire sprinkler and life safety scope SBWMA Admin Office (RethinkWaste)
1245 San Carlos Ave, Suite E, San Carlos, CA 94070
South Bayside Waste Management Authority
$1,654,500.00
$123,994.44
09/13/2024
Joe La Mariana, [email protected]
650.759.1172
Office buildout for RethinkWaste. Scope of work included structural steel scope for the 2" floor mezzanine, new restrooms, breakroom, offices, board room, etc. Project included distribution of electrical from existing electric panels, DOAS & VRF units + ducting, new structural partitions and non-structural partitions, wood base, acoustical sound clouds, and wall paneling, etc.
5" Floor, BeiGene Phase #1&2
1900 Powell Street, Emeryville, CA 94608
LPC West
$450,000.00 | $1,310,000.00, Total: $1,760,000.00
$97,024.00, $105,750.00, Total: $202,774.00
April 2024
Hao Pham, [email protected]
510.424.5628
Tenant improvement project to buildout a new Training room, breakroom, and offices. Scope included selective demo, new drywall, electrical, fire sprinklers, plumbing, mechanical distribution, and finishes.

Scope was broken into two different phases due to tenant’s occupancy

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FOUNDRY CONSTRUCTION

Project Name:

Project Address:

Owner’s Name:

Contract Value at Award:

Total Change Order
Value:

Completion Date:

Qwner’s Representative
E-Mail:

Current Phone Number:

Brief Scope:

Project Name:

Project Address:

Owner’s Name:

Contract Value at Award:

Total Change Order
Value:

Completion Date:

Owner’s Representative
, E-Mail:

Current Phone Number:

Brief Scope:
1% Floor Lobby, Conference & Retail Space
360 22" Street Oakland, CA 94607
Brickman LLC
+/- $1,110,330.00
+/- $163,554.00
May 2024
Brandon Stinespring, [email protected]
650.272.7164
Renovation of 1st floor lobby, new restrooms, showers, conference rooms, coffee bar, copy room, etc. White box retail space for future tenants
Izzi Early Education
370 San Bruno Ave W., San Bruno, CA 94066
Izzi Early Education
$3,146,181.00
$257,432.44
Feb 2026
Joy Duenas, [email protected]
650.578.3429
Renovation of multiple suites for a new daycare and main office for Izzi including buildout of new board room, ADA All gender restrooms, offices, phone rooms, meeting rooms, etc.

Scope of work included new selective demolition, new structural footings, structural upgrades to support relocation of structural walls, new interior partitions, doors and storefronts throughout, new exterior windows, stucco, finishes, and MEPF distribution.

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FOUNDRY CONSTRUCTION

Project Name:

Project Address:

Owner’s Name:

Contract Value at Award:

Total Change Order
Value:

Completion Date:

Owner’s Representative
E-Mail:

Current Phone Number:

Brief Scope:

Project Name:

Project Address:

Owner’s Name:

Contract Value at Award:

Total Change Order
Value:

Completion Date:

Owner’s Representative
E-Mail:

Current Phone Number:
: Brief Scope:
gt” & 10" Floor Spec Suite
1900 Powell Street, Emeryville, CA 94608
LPC West
$2,675,685.00
$174,219.00
November 2025
Hao Pham, [email protected]
510.424.5628
Tenant improvement project to refresh and build new offices, renovate restrooms and new break areas, coffee bars, huddle rooms, etc. Scope of work includes selective demolition, installation of non-structural partitions, new acoustical ceilings, doors, millwork, finishes,and MEPF distribution.

Haas Student Services Library Renovation
UC Berkeley — Student Services Building
The Regents of the University of California
$1,135,000.00
$154,033.00
May 2025
Marianne Metallo, [email protected]
510.773.1347
Renovation of Business Library w/ new Study Rooms, millwork, doors and restroom renovation.

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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. 1 2 , , ' ' ’ ,
Bidder’s Guarantee:

In accordance with Public Contract Code Section 20170, accompanying this Bid is Bidder's Bond (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 Ten Percent of the Total Amount Bid ($ 10% of the Total Bid _) 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: Foundry Construction, Inc.

Business Address: 66 Franklin St, Suite 300 Oakland, CA 94607 Names and Titles of Company Officers:

4, Alan Sau President, Secretary

2. Nate Carlin Vice President

3. 4.

Agreement San Carlos Library Makerspace Project
Page A-14

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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 not but 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:
| 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)

Tax Federal Identification No. (EIN):

State Tax Identification No.:

IF CORPORATION, execute here:

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

Corporate @ Foundry Construction, Inc.

(Title) Alan Sau, President

(Title) Alan Sau, Secretary

Incorporated under the laws of the State of California

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
i f Notary Public: SEE ATTACHED Signature of Notary SHEET My Commission expires , 20 (Seal)
Agreement San Carlos Library Makerspace Project
Page A-15

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ACKNOWLEDGMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of )
Lily Yu, Notary Public
(insert name and title of the officer)
On Febraury 17, 2026 before me,
personally appeared Alan Sau
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. if gee. Aee\COMM # 24445825" [ALAMEDA County 6

Signature Le

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BIDDER’S BOND
To Accompany Contract Proposal
KNOW ALL PERSONS BY THESE PRESENTS:

That we, the undersigned _ Foundry Construction, Inc. , as principal and Merchants Bonding Company (Mutual) , aS surety, are held and firmly bound unto the City of San Carlos as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the bid of the principal, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that 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.

Foundry Cofs, i . Merchants Bonding Company (Mutual)
(L.S.) By:
(Seal)

urety) . ! . (Seal) Elizabet ollodi, Attorney-in-Fact (Principal) Subscribed and sworn to before me, a Notary Public in and for the State of California, County of . this day of , 20
. . -See Attached- California Jurat Complies with Government Code 8202 Signature of Notary Public: (Seal)
My Commission expires Sola 5 , 2007 _
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.

Agreement San Carlos Library Makerspace Project
Page A-16

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A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Butte
Subscribed and sworn to (or affirmed) before me on this 27th day of _ January , 20 26 , by Elizabeth Collodi

proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. en

ROLLED ET,
re SARAWALLISER
COMM. #2449544 & PUBLIC. CALIFORNIA MOTT CUNTY OF BUTTE ° Gon, Expires JUL 5, 2027 |
&
Signature SOg U A Io

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| MERCHANTS SS, BONDING COMPANY.

POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa, and MERCHANTS NATIONAL INDEMNITY COMPANY , an assumed name of Merchants National Bonding, Inc., (herein collectively called the “Companies") do hereby make, constitute and appoint, individually, Bill Rapp; Brad Espinosa; Breanna Boatright; Cassandra Medina; Deanna Quintero; Elizabeth Collodi; Jason March; Jennifer Lakmann; John Hopkins; John Weber; Kathleen Le; Matthew Foster; Mindy Whitehouse; Paula Senna; Phillip Watkins; R Kailany; Samantha Watkins; Sara Walliser; Sharon Smith; Steven Lee Williams; Tony Clark their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the By-Laws adopted by the Board of Directors of the Companies.
“The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority fo appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed.” In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 24st day of August + 2025

MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.

MERCHANTS NATIONAL INDEMNITY COMPANY

STATE OF IOWA
ay Jay (yl
COUNTY OF DALLAS ss.

Onthis 21st day of August 2025 =, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS, NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. hie, Penni Miller '
9 &: Commission Number 787952

z z . . My Commission Expires
town January 20, 2027

(Expiration of notary’s commission Notary Public
does not invalidate this instrument)
|, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.

In Witness Whereof, | have hereunto set my hand and affixed the seal of the Companies on this 27th day of January , 2026 Secretary

POA 0018 (5/25)

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STATE OF CALIFORNIA

DEPARTMENT OF INSURANCE

SAN FRANCISCO

AMENDED
Certificate of Authority

Ts Is to Century, That, pursuant to the Insurance Code of the State of California,

MERCHANTS BONDING COMPANY (MUTUAL)
of DES MOINES , IOWA , organized under the
laws of IOWA , subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:

SURETY, LIABILITY AND MISCELLANEOUS
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.

Tms Centiricate is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.

In Wrrness Wueneor, effective as of the. 7th ___day
of._____May , 1985_, I have hereunto set
my hand and caused my official seal to be affixed this:.7 th. day of May _ . —__., 19 85_.
f

BREE, RYNNBR,
Qualification with the Secretary of State must be accomplished as required by the California ig cea Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.

Foam CB-3S (87602-005 6/83 600 DUP = cx

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ACKNOWLEDGMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual | who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
| validity of that document.

State of California
County of )
On February 18, 2026 Lily Yu, Notary Public
(insert name and title of the officer)
before me,
personally appeared _ Alan Sau
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
yy comm Exp Apr. 47, 2027; . seeceereeecse®
Signature

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600 ELM STREET
SAN CARLOS, CA 94070
(650) 802-4219
CITYOFSANCARLOS.ORG

CITY OF SAN CARLOS
City CLERK

ADDENDUM ACKNOWLEDGMENT
Bidder acknowledges receipt of this addendum, which shall be attached to the Proposal.

Foundry Construction, Inc.

NAME OF
2/18/2026
DATE

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600 ELM STREET
SAN CARLOS, CA 94070
(650) 802-4219
CITY OFSANCARLOS.ORG

CITY OF SAN CARLOS
City CLERK

SAN CARLOS LIBRARY MAKERSPACE PROJECT
ADDENDUM NO. 2
February 17, 2026
TO: ALL PLANHOLDERS
This Addendum amends contract documents for the above-mentioned project. The unaltered portions of the contract documents shail remain in effect. Please acknowledge receipt of this Addendum and return a signed copy with your bid proposal. The updates and changes are as follows:
e New Bid Opening Date. Sealed proposals or bids for the San Carlos Library Makerspace Project shall be publicly opened, examined and announced on Thursday, February 26, 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 bid proposals shall be received in-hand by the City Clerk before the bid opening date and time.
¢ Perforated Metal Ceiling Panels. The perforated metal ceiling panels by Bok Modern may alternatively be priced using Armstrong Metal Works perforated ceiling - https:/Awww.armstronaceilings.com/commercial/en/articles/perforated-metal-ceiling.html, or equal (subject to review and approval by the project leads per the specifications). e Project Duration Clarification. The duration of the project remains at 270 calendar days as stated in the original bid documents:

Instructions to Bidders, Section 3 - Time 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.

| ADDENDUM ACKNOWLEDGMENT
Bidder acknowledges receipt of this addendum, which shall be attached to the Proposal.

Foundry Construction, Inc.

NAME O MPANY

2/23/2026

SIGNATURE DATE

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1 March 6, 2026 VIA EMAIL: Victor Arkhipov Universal 1 Construction Inc, dba Argos Construction [email protected] Alan Sau Foundry Construction, Inc. [email protected] Rodrigo Reyes North Bay Design and Build, Inc. [email protected] Gino Guidi Zone 4 Construction, Inc. [email protected] RE: San Carlos Library Makerspace Project – Bid Protests The City of San Carlos received and opened bids for the San Carlos Library Makerspace Project (the “Project”) on Thursday, February 26, 2026. Six bids were received and opened at the bid opening, with the apparent lowest bid being submitted by Universal 1 Construction Inc., dba Argos Construction (“Argos”). The second, third, and fourth apparent lowest bids were submitted by Zone 4 Construction, Inc. (“Zone 4”), Foundry Construction, Inc. (“Foundry”), and North Bay Design and Build, Inc. (“North Bay”), respectively. Pursuant to Section 2.11 of the General Provisions of Contract Documents (the “Bid Protest Procedures”), any bidder submitting a bid for the Project is entitled to submit a protest of any other bid or the proposed contract award no later than 5:00 P.M. on the fifth (5th) business day following the bid opening. Any such protest must include 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.” Failure to comply with this procedure constitutes a waiver of any right to further pursue a protest or basis for a potential protest. Based on the bid opening date of February 26, 2026, protests were required to be submitted no later than 5:00 P.M. on Thursday, March 5, 2026. The City received three protests prior to that deadline. The first of the three timely protests was submitted by Zone 4 and protests the adequacy and responsiveness of the bid submitted by Argos. A copy of that protest letter and the accompanying

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2 documentation provided by Zone 4 in support of the protest are attached to this letter as Attachment 1. The second of the three timely protests was submitted by North Bay and protests the adequacy and responsiveness of the bids submitted by Argos, Zone 4, and Foundry.1A copy of that protest letter and the accompanying documentation provided by North Bay in support of the protest are attached to this letter as Attachment 2. Prior to the deadline for submitting protests, Foundry submitted a response to North Bay’s protest letter. Foundry’s response addressed the assertions made in North Bay’s protest letter and also asserted that North Bay’s bid contained “material deficiencies” that affected its responsiveness. As these assertions were delivered to the City timely, concurrently sent by Foundry to North Bay, and included a complete description of the basis for its assertions challenging the responsiveness of North Bay’s bid, the City views Foundry’s response letter as also constituting a timely protest of North Bay’s bid. That protest letter and the documentation provided by Foundry in support of the protest are attached to this letter as Attachment 3. The protests make the following factual assertions: Protest 1 (Zone 4): 1) Argos may not self-perform the Project’s required Fire Protection work because it does not hold a C-16 Fire Protection Contractor License and failed to list a subcontractor for that work on the Designation of Subcontractors list provided with its bid, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code 4100 et seq.). Protest 2 (North Bay): 1) Argos may not self-perform the Project’s required Fire Protection work because it does not hold a C-16 Fire Protection Contractor License and failed to list a subcontractor for that work on the Designation of Subcontractors list provided with its bid, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code 4100 et seq.). 2) Zone 4’s bid indicates that Zone 4 proposes to self-perform work equaling 5.64% of the value of the total bid, which does not meet the Project’s requirement that the primary contractor self-perform work equaling at least thirty percent (30%) of the value of its original total bid. 3) Foundry’s bid indicates that Foundry proposes to self-perform work equaling 15.11% of the value of the total bid, which does not meet the Project’s requirement that the primary contractor self-perform work equaling at least thirty percent (30%) of the value of its original total bid. 4) Argos, Zone 4, and Foundry were required and failed to affix corporate seals to the Bidder’s Bond documents submitted with their bids. Protest 3 (Foundry): 1) North Bay may not self-perform either HVAC controls work or plumbing work and failed to list subcontractor(s) for that work on the Designation of Subcontractors list provided with its bid, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code 4100 et seq.). 1 North Bay submitted its initial protest at 7:01 A.M. on March 5, 2026, and provided an amended version of the same protest at 12:31 P.M. on March 5, 2026. The City considers the amended protest letter and the supporting documents received with it to be the full protest submitted by North Bay.

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3 As called for in the Bid Protest Procedures, the City is reviewing these protests and will either accept or reject each protest prior to the award of the Project contract. To assist the City in its review of the protests, I request that you provide a written response to the assertions made in protest of your firm’s bid. Please provide responses that address only the basis of the protests made against your bid and submit those responses in writing to the City no later than 5:00 P.M. on Friday, March 13, 2026. Any submissions beyond that time will not be considered. Foundry’s response dated March 5, 2026, which also includes Protest 3 (Attachment 3), will be considered a response to the protest against Foundry’s bid, but Foundry may supplement or amend that response prior to the March 13, 2026 deadline. You may respond to any assertion made in protest of your bid in the attached protest letters. However, I ask that you specifically address the following questions: Argos: 1) Please indicate whether Argos intends to subcontract the Fire Protection work and, if so, whether you listed that subcontractor on the Designation of Subcontractors list submitted with your bid. If not, please articulate why the subcontractor was not listed and, if this was in error, any rationale for why that error may be waived as an irregularity or informality, or otherwise excused. Foundry: 1) Please provide a calculation, and an explanation of that calculation, of the value of the work proposed to be self-performed by Foundry and its corresponding percentage of the total bid price. If the value of the work to be self-performed is less than 30% of the total bid price, please articulate whether the proposed amount of self-performed work is consistent with the Project requirements. North Bay: 1) Please indicate whether North Bay intends to self-perform or subcontract the Project’s HVAC controls work and plumbing work. If North Bay intends to self-perform this work, please provide a statement regarding the licensing that North Bay holds, whether that licensing allows North Bay to perform the work, and whether the Contract Documents allow for this work to be self-performed. If the work will be subcontracted, please articulate whether the subcontractor(s) were listed on the Designation of Subcontractors list submitted with your bid. If those subcontractor(s) were not listed, please articulate why they were not listed and, if this was in error, any rationale for why that error may be waived as an irregularity or informality, or otherwise excused. Zone 4: 1) Please provide a calculation, and an explanation of that calculation, of the value of the work proposed to be self-performed by Zone 4 and its corresponding percentage of the total bid price. If the value of the work to be self-performed is less than 30% of the total bid price, please articulate whether the proposed amount of self-performed work is consistent with the Project requirements. Thank you for your attention to this matter and for your prompt written responses. At this time, the City has not scheduled an administrative hearing regarding the two protests and intends to resolve the protests after receiving and reviewing the requested written responses. The City will resolve the protests in accordance with the law and the requirements and procedures outlined in

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4 the Project’s Contract Documents and will issue a letter discussing its findings on the protests to each of you prior to the contract award. Thank you, Gregory J. Rubens, City Attorney

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ATTACHMENT 1

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1022 Center Street, San Carlos, CA 94070
Tel: 650.873.0344 | Fax: 650.583.3756
CA License No. 797500
www.zone4construction.com

To:

City of San Carlos
City Clerk’s Office
600 Elm Street
San Carlos, CA 94070
Subject: San Carlos Library Makerspace Project Bid Protest

March 2
nd , 2026

Pursuant to section 2.11 of the General Provisions regarding Bid Protest Procedures, Zone 4 Construction would like to issue a bid protest for the San Carlos Library Makerspace Project. In addition to the email sent, we will be submitting this written protest to the City Clerk's office.

Argos Construction was also copied to the email sent as required for transmitting a copy of the protest.

This protest is by Gino Guidi (510-773-3352), President and CEO of Zone 4 Construction, located at 1022 Center Street, San Carlos, CA 94070.

The apparent low bidder, Argos Construction, only holds a B license with the Contractor’s State License Board. Per the Business and Professions Code (BPC) section 7057, a contractor holding a B license can only self-perform the scope when a project has framing or carpentry, and two or more additional trades. However, there are some trades that a B license contractor cannot perform, one of them being Fire Protection. That being said, this project requires the need for a C-16 Fire Protection specialty contractor and Argos Construction neither holds a C-16 license, nor appears to have a subcontractor with a C-16 license listed. Therefore, the bid submitted by Argos Construction should be considered non-responsive.

Please provide the bid proposal and forms submitted by Argos Construction for further review.

We wish nothing but the best for Argos Construction and applaud their effort in obtaining a low number, however we are all bound to these rules and regulations.

Please let us know if you have any comments or questions.

Sincerely,

Gino Guidi
President/CEO

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Fast Facts

What Jobs "B" General Building Can/Cannot Perform
The “B” General Building contractor license is the most common contractor license classification in California. As a result, the Contractors State License Board (CSLB) often receives questions about what jobs a B General Building licensee can legally perform.

The purpose of this Fast Facts sheet is to provide basic information regarding the permissible scope of work for contractors holding a B General Building contractor license.

Business and Professions Code (BPC) section 7057 defines a General Building contractor as someone whose principal contracting business is in connection with “any structure built, being built, or to be built for the support, shelter, and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.” The BPC provides additional clarification as summarized below.

A “B” General Building Contractor Can…
• Enter a prime or sub-contract for a framing or carpentry project and self-perform the work.
• Enter a prime or sub-contract for two or more separate and unrelated trades and self-perform the work (framing and carpentry cannot count as one of the trades).

A “B” General Building Contractor Cannot…
• Enter a prime contract for any project involving trades other than framing or carpentry unless:
o The prime contract requires at least two other,
unrelated building trades or crafts; or
o The “B” General Building contractor holds the
appropriate license classification or subcontracts with an appropriately licensed specialty contractor to
perform the work.
• Enter a sub-contract involving trades other than framing or carpentry unless:
o The sub-contract requires at least two other,
unrelated trades or crafts; or

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“B” General Building Contractor Fast Facts (continued)
o The “B” General Building contractor holds the
appropriate license classification.
• Include framing or carpentry in calculating the two unrelated trades necessary for the B General Building contractor to be able to take a prime or sub-contract for a project involving other trades.
• Enter a contract for any project which includes the C-16 Fire Protection or C-57 Well Drilling specialty classifications unless:
o The “B” General Building contractor holds the
specialty license, or
o The “B” General Building contractor subcontracts
with the appropriately licensed specialty contractor
(pursuant to Sections 7026.12 of the BPC and
Section 13750.5 of the Water Code, respectively).

Additional Authorization and Limitations
A “B” General Building contractor that contracts for work that includes framing, carpentry or two unrelated trades may perform the following work as follows:
• Hazardous Substances – “B” General Building contractors can perform hazardous substance removal if they have a
Hazardous Substance Removal Certification.
• Underground Storage Tanks – “B” General Building
contractors can remove an underground storage if they
have a Hazardous Substance Removal Certification.
• Asbestos – “B” General Building contractors cannot
contract for jobs involving asbestos abatement unless they:
o Hold a C-22 Asbestos Abatement specialty license,
or
o Hold an asbestos certification (pursuant to BPC
section 7058.5) and are registered with the
Department of Industrial Relations’ Division of
Occupational Safety and Health, or
o Subcontract with an appropriately licensed
contractor.
• Solar Energy Systems – A “B” General Building contractor may contract and self-perform installation of a solar energy system on a structure because installation of the solar energy system constitutes two or more unrelated trades

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“B” General Building Contractor Fast Facts (continued)
pursuant to Title 16, California Code of Regulations Section 832.62(b).
• Roofing – A “B” General Building contractor may contract for projects that include roofing. However, they must
subcontract to a C-39 roofing contractor if the roofing is a standalone contract – not included in a larger project that includes two or more unrelated trades such as home
construction, room addition, or remodeling.

Additional Information
This information is simply a summary of the permissible scope of work for “B” General Building contractors. Additional information regarding license classifications is available on CSLB’s website (www.cslb.ca.gov).

Specific questions about the permissible scope of work for “B” General Building contractors should be directed to CSLB’s Classifications Deputy via email at [email protected].

Those writing on behalf of a government agency should include your agency name in the subject line to ensure priority handling.

Representatives of government agencies with questions can contact CSLB’s Executive Office at (916) 255-4000.

Updated 04/25

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ATTACHMENT 2

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North Bay Design and Build, Inc.

General Engineering, Building, Electrical and HVAC Contractor License No. 1129470 DIR No. 2000012895 29620 Union City Blvd, Union City, CA 94587 * Tel. No. (510) 935-8155 * Email: [email protected]

March 5, 2026

Via Email Chris Valley ([email protected])
Via Email Crystal Mui ([email protected])
Via Email ([email protected]
Via Email ([email protected])
Via Email Rachel McDonnell([email protected]
Via Email Danae Ramirez ([email protected])
Via Email: Argos Construction, Zone 4 Construction, Inc. and Foundry Construction, Inc.

City Clerk
City of San Carlos
600 Elm Street
San Carlos, CA 94070

Project: San Carlos Library Makerspace Project
610 Elm Street, San Carlos, CA 9407

Re: BID PROTEST - Argos Construction, Zone 4 Construction, Inc. and Foundry Construction, Inc.

Dear Sir/Madam:

This amended Bid Protest supersedes our Bid Protest dated March 4, 2026.

North Bay Design and Build, Inc. is protesting the bid of Argos Construction, Zone 4 Construction, Inc. and Foundry Construction, Inc.

Argos Construction did not list a Fire Protection (Fire Sprinkler System), C-16 subcontractor on the Designation of Subcontractors of their bid proposal for the San Carlos Library Makerspace Project. Argos Construction is not responsive and not a responsible bidder.

In accordance with the Business & Professions Code, Division 3, Chapter 9. Contractors, Article 4, Classifications

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North Bay Design and Build, Inc.

Bid Protest - San Carlos Library Makerspace Project
City Clerk
City of San Carlos
March 5, 2026

Page 2 ends

Section 7057 (c) No general building contractor shall contract for any project that includes the “C-16” Fire Protection classification as provided for in Section 7026.12.

Section 7026.12. The installation of a fire protection system, excluding an electrical alarm system, shall be performed only by a contractor holding a fire protection contractor classification, as defined in the regulations of the Contractor State License Board.

Argos Construction did not meet the requirement of the project specifications, Agreement, Page A-10, Designation of Subcontrators. Argos Construction bid item amount for the fire sprinkler system is $7,500.00 which is more than 0.5 percent of the $594,800.00 original total bid amount.

California Public Contract Code Sections 4104, the prime contractor bidding on projects of public works is required to submit a list of designated subcontractors who will perform any portion of the work whose value exceeds 0.5 percent of the total bid amount. Argos Construction is not responsive and not a responsible bidder

Zone 4 Construction, Inc. and Foundry Construction, Inc. did not meet the requirement of the project specifications, Agreement, Page A-10, 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”. Zone 4 listed a subcontractor for all trade work on the Designation of Subcontractors of their bid proposal except the bid items listed to be performed by Zone 4, please see attached self-perform bid items.The total of bid items or trade work to be performed by Zone 4 is less 30 percent of the value of their original total bid amount. Zone 4 self-perform trade work is $41,212.00, 5.64 percent of their $731,355.00 original total bid amount. Zone 4 is required to self-perform $219,406.50 trade work, 30 percent of their $731,355.00 original total bid amount. Foundry Construction, Inc. listed a subcontractor for all trade work on the Designation of Subcontractors of their bid proposal except the bid items listed to be performed by Foundry, please see attached self-perform bid items. The total bid items or trade work to be performed by Foundry is less than 30 percent of the value of their original total bid amount. Foundry self-perform trade work is $119,282.00, 15.11 percent of their $789,288.00 original total bid amount. Foundry is required to self-perform $236,786.40 trade work, 30 percent of their $789,288 original total bid amount.

Zone 4 Construction, Inc. and Foundry Construction, Inc. are not responsive and not a responsible bidders.

Argos Construction, Zone 4 Construction, Inc. and Foundry Construction, Inc. did not meet the requirement of the project specifications, Agreement Page A-16, Bidder’s Bond. The Bidder’s Bond of Argos Construction, Zone 4 Construction, Inc. and Foundry Construction, Inc. do not have a Corporate Seals.

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North Bay Design and Build, Inc.

Bid Protest – San Carlos Library Makerspace Project
City Clerk
City of San Carlos
March 5, 2026

Page 3 ends

The Bidder’s Bond is not a legal document without a corporate seal in accordance with the project specifications, “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”. Argos Construction, Zone 4 Construction, Inc. and Foundry Construction, Inc. are not responsive and not a responsible bidders.

Argos Construction, Zone 4 Construction, Inc. And Foundry Construction, Inc. are non- responsive bidders and not a responsible bidders. North Bay Design and Build, Inc. is responsive and responsible bidder for this project. We would Appreciate the rejection of their bids. We hope and pray that this project will be awarded to our company.

Sincerely,

Rodrigo Reyes
President

North Bay Design and Build, Inc.

Rodrigo Reyes
29620 Union City Blvd.

Union City, CA 94587
Email: [email protected]
Tel. No. : (510) 935-8155

Attachments :

Section 7057 (c), Section 7026.12 and Section 4104
Designation of Subcontractors - Argos Const, Zone 4 Const, Inc and Foundry Const, Inc Base Bid Items, Self-Perform (less than 30% of the original total bid) - Foundry Const, Inc Base Bid Items, Self-Perform (less than 30% of the original total bid) - Zone 4 Const, Inc Bidder’s Bonds – Argos Const, Zone 4 Const, Inc and Foundry Const, Inc.

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Copyright © 2023 State of California
Home About Us Library Licensing ClassificationsB General Building Contractor B - General Building Contractor
Business & Professions Code
Division 3, Chapter 9. Contractors, Article 4. Classifications 7057. (a) Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or cras, or to do or superintend the whole or any part thereof.

This does not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them into, or consuming them in the performance of the work of the general building contractor. (b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or cras other than framing or carpentry, or unless the general building contractor holds the appropriate license classification or subcontracts with an appropriately licensed specialty contractor to perform the work. A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or cras other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor may not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades.
(c) No general building contractor shall contract for any project that includes the "C-16" Fire Protection classification as provided for in Section 7026.12 or the "C-57" Well Drilling classification as provided for in Section 13750.5 of the Water Code, unless the general building contractor holds the specialty license, or subcontracts with the appropriately licensed specialty contractor. (Amended by Stats. 1997, Chapter 812 (SB 857).)
Fast Facts: What Jobs a "B" General Contractor Can/Cannot Perform Back to Top Conditions of Use
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ATTACHMENT - ARGOS CONSTRUCTION

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Code: Select Code Section: 1 or 2 or 1001 Search
DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY [5000 - 9998.12] ( Heading of Division 3 added by Stats. 1939, Ch. 30. )
CHAPTER 9. Contractors [7000 - 7191] ( Chapter 9 added by Stats. 1939, Ch. 37. ) 7026.12.

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BUSINESS AND PROFESSIONS CODE - BPC

ARTICLE 2. Application of Chapter [7025 - 7036] ( Article 2 added by Stats. 1939, Ch. 37. )

Except as provided in Section 7026.13, the installation of a fire protection system, excluding an electrical alarm system, shall be performed only by either of the following:
(a) A contractor holding a fire protection contractor classification, as defined in the regulations of the board. (b) An owner-builder of an owner-occupied, single-family dwelling, if not more than two single-family dwellings on the same parcel are constructed within one year, plans are submitted to, and approved by, the city, county, or city and county authority, and the city, county, or city and county authority inspects and approves the installation. (Amended by Stats. 2013, Ch. 377, Sec. 1. (AB 433) Effective January 1, 2014.) Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

ATTACHMENT - ARGOS CONSTRUCTION

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F I N I S H E S * ~ :

F U R N I S H A N D I N S T A L L 5 / 8 " G Y P B D . L E V E L 5 F I N I S H $ 2 8 , 0 0 0 F U R N I S H A N D I N S T A L L C A R P E T A N D / O R F L O O R T I L E S $ 2 6 , 4 0 0 F U R N I S H A N D P R O V I D E P A I N T I N G , W A L L P A N E L S A N D W H I T E B O A R D $ 2 5 , 6 0 0 F U R N I S H A N D I N S T A L L C O U N T E R T O P S $ 1 9 , 0 0 0 F U R N I S H A N D P R O V I D E A L L F U R N I T U R E $ 2 8 , 0 0 0 F U R N I S H A N D I N S T A L L D O O R H A R D W A R E $ 3 , 8 0 0 F I N I S H E S S U B T O T A L : $ 1 3 0 , 8 0 0
‘ T H I S : S E C T I O N : L E F T B L A N K
S U B T O T A L :
‘ E Q U I P M E N T , .

E Q U I P M E N T R E N T A L A S N E E D E D $ 9 , 5 0 0 E Q U I P M E N T S U B T O T A L : $ 9 , 5 0 0

A L A R M ' & S P R I N K L E R S Y S T E M S ( D E F E R R E D S U B M I T T A L ) D E S I G N A N D I N S T A L L O F A L A R M & S P R I N K L E R S Y S T E M S ( D E F E R R E D ) $ 1 5 , 0 0 0 A L A R M & S P R I N K L E R S Y S T E M S S U B T O T A L : $ 1 5 , 0 0 0

P L U M B I N G
F U R N I S H A N D I N S T A L L S I N K A N D F A U C E T M A T E R I A L S $ 7 , 9 0 0 F U R N I S H A N D I N S T A L L R O U G H A N D F I N I S H P L U M B I N G $ 1 6 , 7 0 0 P L U M B I N G S U B T O T A L : $ 2 4 , 6 0 0
/ H E A T I N G , V E N T I L A T I O N . & A I R C O N D I T I O N I N G F U R N I S H A N D I N S T A L L N E W H V A C A N D D U C T W O R K $ 4 6 , 0 0 0 H E A T I N G , V E N T I L A T I O N & A I R C O N D I T I O N I N G S U B T O T A L : $ 4 6 , 0 0 0 E L E C T R I C A L ; L O W . V O L T A G E A N D L I G H T I N G F U R N I S H A N D I N S T A L L E L E C T R I C A L & L O W V O L T A G E _ $ 2 9 , 0 0 0 F U R N I S H A N D I N S T A L L L I G H T I N G $ 2 5 , 0 0 0 E L E C T R I C A L , L O W V O L T A G E A N D L I G H T I N G S U B T O T A L : $ 5 4 , 0 0 0 T O T A L B I D A M O U N T : $ 5 9 4 , 8 0 0
N o t e s :

A g r e e m e n t S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t P a g e A - 8

ARGOS CONSTRUCTION
Fire Sprinkler System Bid Item
$7,500 is more than 1/2% of $594,800 Original Total Bid

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Code: Select Code Section: 1 or 2 or 1001 Search
DIVISION 2. GENERAL PROVISIONS [1100 - 22355] ( Division 2 enacted by Stats. 1981, Ch. 306. ) PART 1. ADMINISTRATIVE PROVISIONS [1100 - 9204] ( Heading of Part 1 added by Stats. 1982, Ch. 1120, Sec. 2. ) 4104.

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PUBLIC CONTRACT CODE - PCC

CHAPTER 4. Subletting and Subcontracting [4100 - 4114] ( Chapter 4 added by Stats. 1986, Ch. 195, Sec. 42.1. )

Any officer, department, board, or commission taking bids for the construction of any public work or improvement shall provide in the specifications prepared for the work or improvement or in the general conditions under which bids will be received for the doing of the work incident to the public work or improvement that any person making a bid or offer to perform the work, shall, in his or her bid or offer, set forth:
(a) (1) The name, the location of the place of business, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. (2) An inadvertent error in listing the California contractor license number or public works contractor registration number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor’s license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor. (3) (A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name, location of business, the California contractor license number, and the public works contractor registration number, may be submitted by the prime contractor up to 24 hours after the deadline established by the officer, department, board, or commission for receipt of bids by prime contractors. (B) A state or local agency may implement subparagraph (A) at its option. (b) The portion of the work that will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each portion as is defined by the prime contractor in his or her bid. (Amended by Stats. 2017, Ch. 28, Sec. 90. (SB 96) Effective June 27, 2017.) Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 3/4/26, 5:10 PM California Code, PCC 4104
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PCC&sectionNum=4104 1/1

ATTACHMENT - ARGOS CONSTRUCTION

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D E S I G N A T I O N O F S U B C O N T R A C T O R S T h e C o n t r a c t o r s h a l l p e r f o r m w o r k e q u a l i n g a t l e a s t 3 0 p e r c e n t o f t h e v a l u e o f t h e o r i g i n a l t o t a l b i d w i t h t h e C o n t r a c t o r ’ s o w n e m p l o y e e s a n d e q u i p m e n t , o w n e d o r r e n t e d , w i t h o r w i t h o u t o p e r a t o r s .

I n a c c o r d a n c e w i t h t h e S u b l e t t i n g a n d S u b c o n t r a c t i n g F a i r P r a c t i c e s A c t , P u b l i c C o n t r a c t C o d e s e c t i o n s 4 1 0 0 e f s e q . ( t h e “ S u b c o n t r a c t i n g A c t ” ) , t h e B i d d e r h e r e b y c e r t i f i e s a n d s u b m i t s , a s r e q u i r e d b y l a w , t h e f o l l o w i n g c o n c e r n i n g s u b c o n t r a c t o r s :
1 . T h e p o r t i o n o f t h e w o r k , w h i c h w i l l b e d o n e b y e a c h s u b c o n t r a c t o r ; a n d 2 . | T h e n a m e a n d l o c a t i o n o f t h e p l a c e o f b u s i n e s s o f e a c h s u b c o n t r a c t o r w h o w i l l p e r f o r m w o r k o r l a b o r , f a b r i c a t e a p o r t i o n o f t h e w o r k o r i m p r o v e m e n t a c c o r d i n g t o d e t a i l e d d r a w i n g s i n t h e p r o j e c t p l a n s , o r r e n d e r s e r v i c e t o t h e C o n t r a c t o r i n o r a b o u t t h e c o n s t r u c t i o n o f t h e w o r k i n a n a m o u n t i n e x c e s s o f o n e - h a l f o f o n e p e r c e n t ( 0 . 5 % ) o f t h e C o n t r a c t o r ’ s t o t a l b i d .

P o r t i o n o f W o r k t o b e S u b c o n t r a c t o r N a m e , R e g i s t e r e d P e r f o r m e d b y S u b c o n t r a c t o r A d d r e s s a n d L i c e n s e N u m b e r w i t h D I R ? ( L i c e n s e N o . R e q u i r e d u n d e r A B 4 4 ) v c h e c k i f y e s E l e c t r i c a l a n d L i g h t i n g 3 4 5 0 3 r d S t , S a n F r a n c i s c o , C A 9 4 1 1 2 4 9 % o f t h e t o t a l b i d L i c # 1 0 5 9 1 9 9

H V A C a n d d u c t w o r k 1 3 2 5 B r o o k l i n e L o o p A p t 2 3 1 0 , P l e a s a n t o n , C A 7 . 7 % o f t h e t o t a l b i d L i c # 1 1 4 4 0 0 3 a p o i n A c o u s t i c p e c i a i t i e s i n c S u s p e n d e d c e i l i n g P O B o x 6 5 7 7 S a n t a R o c a , C A 9 5 4 0 6 4 . 3 % o f t h e t o t a l b i d L i c # 1 0 3 6 3 1 1

C a r p e t o r F l o o r t i l e s
4 . 4 % o f t h e t o t a l b i d

( F o r a d d i t i o n a l S u b c o n t r a c t o r s , a t t a c h c o p i e s o f t h i s s h e e t a s n e c e s s a r y ) N o T E : T H I S C E R T I F I C A T E M U S T B E C O M P L E T E D A N D R E T U R N E D A L O N G W I T H T H E C O N T R A C T O R ' S B I D P R O P O S A L . v D E P A R T M E N T O F I N D U S T R I A L R E L A T I O N S R E G I S T R A T I O N R E Q U I R E M E N T I n a c c o r d a n c e w i t h L a b o r C o d e S e c t i o n 1 7 2 5 . 5 , a l l c o n t r a c t o r s a n d s u b c o n t r a c t o r s l i s t e d o n a p u b l i c w o r k s b i d p r o p o s a l m u s t b e r e g i s t e r e d w i t h t h e D I R .

A g r e e m e n t S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t P a g e A - 1 0

ARGOS CONSTRUCTION

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D E S I G N A T I O N O F S U B C O N T R A C T O R S T h e C o n t r a c t o r s h a l l p e r f o r m w o r k e q u a l i n g a t l e a s t 3 0 p e r c e n t o f t h e v a l u e o f t h e o r i g i n a l t o t a l b i d w i t h t h e C o n t r a c t o r ' s o w n e m p l o y e e s a n d e q u i p m e n t , o w n e d o r r e n t e d , w i t h o r w i t h o u t o p e r a t o r s .

I n a c c o r d a n c e w i t h t h e S u b l e t t i n g a n d S u b c o n t r a c t i n g F a i r P r a c t i c e s A c t , P u b l i c C o n t r a c t C o d e s e c t i o n s 4 1 0 0 e t s e g . ( t h e “ S u b c o n t r a c t i n g A c t ” ) , t h e B i d d e r h e r e b y c e r t i f i e s a n d s u b m i t s , a s r e q u i r e d b y l a w , t h e f o l l o w i n g c o n c e r n i n g s u b c o n t r a c t o r s :
1 . T h e p o r t i o n o f t h e w o r k , w h i c h w i l l b e d o n e b y e a c h s u b c o n t r a c t o r ; a n d 2 . | T h e n a m e a n d l o c a t i o n o f t h e p l a c e o f b u s i n e s s o f e a c h s u b c o n t r a c t o r w h o w i l l p e r f o r m w o r k o r l a b o r , f a b r i c a t e a p o r t i o n o f t h e w o r k o r i m p r o v e m e n t a c c o r d i n g t o d e t a i l e d d r a w i n g s i n t h e p r o j e c t p l a n s , o r r e n d e r s e r v i c e t o t h e C o n t r a c t o r i n o r a b o u t t h e c o n s t r u c t i o n o f t h e w o r k i n a n a m o u n t i n e x c e s s o f o n e - h a l f o f o n e p e r c e n t ( 0 . 5 % ) o f t h e C o n t r a c t o r ’ s t o t a l b i d .

P o r t i o n o f W o r k t o b e S u b c o n t r a c t o r N a m e , R e g i s t e r e d P e r f o r m e d b y S u b c o n t r a c t o r A d d r e s s a n d L i c e n s e N u m b e r w i t h D I R ? ( L i c e n s e N o . R e q u i r e d u n d e r A B 4 4 ) ¥ c h e c k i f y e s D e m o l i t i o n ; /
C o n f l o S e r v i c e s . I n c . _ _ L i c # 9 6 5 0 3 0 2 5 6 7 0 N i c k e l P l a c e , H a y w a r d , C A 9 4 5 4 5

M i l l w o r k B - K M i l l & F i x t u r e s , I n c . _ L i c # 4 2 8 9 4 1 3 7 5 2 3 S y c a m o r e S t , N e w a r k , C A 9 4 5 6 0

R o o f i n g C e n t r a l R o o f i n g , I n c . L i c # 4 1 2 8 9 1 7 2 7 A i r p o r t B l v d , S o u t h S a n F r a n c i s c o , C A 9 4 0 8 0

D o o r s , F r a m e s , C o m m e r c i a l D o o r a n d F r a m e L i c # 9 5 1 8 5 5 H a r d w a r e 1 4 2 1 2 D o o l i t t l e D r i v e , S a n L e a n d r o , C A 9 4 5 7 7

G l a z i n g a n d W h i t e W a l t e r s & W o l f I n t e r i o r s L i c # 4 0 0 6 5 8 B o a r d s 4 1 4 5 0 B o s c e l l R d , F r e m o n t , C A 9 4 5 3 8 D r y w a l l a n d F r a m i n g G o l d e n B a y D r y w a l l , I n c . _ L i c # 1 1 2 4 1 3 9 2 6 0 T r a y n o r S t , H a y w a r d , C A 9 4 5 4 4

T i l e C a l i f o r n i a T i l e I n s t a l l e r s L i c # 4 3 9 2 2 0 1 6 9 6 R o g e r s A v e , S a n J o s e , C A 9 5 1 1 2

( F o r a d d i t i o n a l S u b c o n t r a c t o r s , a t t a c h c o p i e s o f t h i s s h e e t a s n e c e s s a r y ) N o t e : T H I S C E R T I F I C A T E M U S T B E C O M P L E T E D A N D R E T U R N E D A L O N G W I T H T H E C O N T R A C T O R ’ S B I D P R O P O S A L . v D E P A R T M E N T O F I N D U S T R I A L R E L A T I O N S R E G I S T R A T I O N R E Q U I R E M E N T I n a c c o r d a n c e w i t h L a b o r C o d e S e c t i o n 1 7 2 5 . 5 , a l l c o n t r a c t o r s a n d s u b c o n t r a c t o r s l i s t e d o n a p u b l i c w o r k s b i d p r o p o s a l m u s t b e r e g i s t e r e d w i t h t h e D I R .

A g r e e m e n t S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t P a g e A - 1 0
ZONE 4 CONSTRUCTION, INC.

9.h
April 13, 2026

Packet Pg. 97

I n a c c o r d a n c e w i t h t h e S u b l e t t i n g a n d S u b c o n t r a c t i n g F a i r P r a c t i c e s A c t , P u b l i c C o n t r a c t C o d e s e c t i o n s 4 1 0 0 e t s e q . ( t h e “ S u b c o n t r a c t i n g A c t ” ) , t h e B i d d e r h e r e b y c e r t i f i e s a n d s u b m i t s , a s r e q u i r e d b y l a w , t h e f o l l o w i n g c o n c e r n i n g s u b c o n t r a c t o r s :
1 . T h e p o r t i o n o f t h e w o r k , w h i c h w i l l b e d o n e b y e a c h s u b c o n t r a c t o r ; a n d 2 . | T h e n a m e a n d l o c a t i o n o f t h e p l a c e o f b u s i n e s s o f e a c h s u b c o n t r a c t o r w h o w i l l p e r f o r m w o r k o r l a b o r , f a b r i c a t e a p o r t i o n o f t h e w o r k o r i m p r o v e m e n t a c c o r d i n g t o d e t a i l e d d r a w i n g s i n t h e p r o j e c t p l a n s , o r r e n d e r s e r v i c e t o t h e C o n t r a c t o r i n o r a b o u t t h e c o n s t r u c t i o n o f t h e w o r k i n a n a m o u n t i n e x c e s s o f o n e - h a l f o f o n e p e r c e n t ( 0 . 5 % ) o f t h e C o n t r a c t o r ' s t o t a l b i d .

P o r t i o n o f W o r k t o b e S u b c o n t r a c t o r N a m e , R e g i s t e r e d P e r f o r m e d b y S u b c o n t r a c t o r A d d r e s s a n d L i c e n s e N u m b e r w i t h D I R ? ( L i c e n s e N o . R e q u i r e d u n d e r A B 4 4 ) Y c h e c k i f y e s c h e c k i f y e s C e i l i n g s a n d W a l l U l t r a C e i l i n g s . I n c . _ L i c # 1 0 8 2 1 7 4 P a n e l s 6 9 0 0 S o m e r v i l l e W a y , F a i r O a k s , C A 9 5 6 2 8

F l o o r i n g B T M a n c i n i C o . , i n c . _ L i c # 2 2 9 2 1 0 3 0 5 M a t h e w S t . , S a n t a C l a r a , C A 9 5 0 5 0

M a r i n a P a i n t i n g & D e c o r a t i n g L L C L i c # 1 1 4 2 7 0 1 2 2 0 M o n t g o m e r y S t , S u i t e 4 T 2 Z , S a n F r a n c i s c o ,

F i r e S p r i n k l e r s R C M F i r e P r o t e c t i o n _ L i c # 7 9 3 2 0 5 3 5 0 E n t e r p r i s e P l a c e , T r a c y , C A 9 5 3 0 4

P l u m b i n g M i d P e n i n s u l a P l u m b i n g _ L i c # 1 0 7 2 2 4 5 9 2 6 W a s h i n g t o n S t , S a n C a r l o s , C A 9 4 0 7 0

H V A C B a y C i t y M e c h a n i c a l S e r v i c e , I n c . L i c # 1 1 4 9 2 6 3 8 7 0 H a r b o u r W a y S o u t h , R i c h m o n d , C A 9 4 8 0 4

i A Q
W i n d o w S h a d e s R & D I n t e r i o r s , I n c . L i c # 9 2 3 4 9 9 v 1 0 6 5 H o l l a n d A v e , C l o v i s , C A 9 3 6 1 2

( F o r a d d i t i o n a l S u b c o n t r a c t o r s , a t t a c h c o p i e s o f t h i s s h e e t a s n e c e s s a r y ) N o t e : — T H I S C E R T I F I C A T E M U S T B E C O M P L E T E D A N D R E T U R N E D A L O N G W I T H T H E C O N T R A C T O R ’ S B I D P R O P O S A L . v D E P A R T M E N T O F I N D U S T R I A L R E L A T I O N S R E G I S T R A T I O N R E Q U I R E M E N T I n a c c o r d a n c e w i t h L a b o r C o d e S e c t i o n 1 7 2 5 . 5 , a l l c o n t r a c t o r s a n d s u b c o n t r a c t o r s l i s t e d o n a p u b l i c w o r k s b i d p r o p o s a l m u s t b e r e g i s t e r e d w i t h t h e D I R .

A g r e e m e n t S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t P a g e A - 1 0
ZONE 4 CONSTRUCTION, INC.

9.h
April 13, 2026

Packet Pg. 98

I n a c c o r d a n c e w i t h t h e S u b l e t t i n g a n d S u b c o n t r a c t i n g F a i r P r a c t i c e s A c t , P u b l i c C o n t r a c t C o d e s e c t i o n s 4 1 0 0 e t s e q . ( t h e “ S u b c o n t r a c t i n g A c t ” ) , t h e B i d d e r h e r e b y c e r t i f i e s a n d s u b m i t s , a s r e q u i r e d b y l a w , t h e f o l l o w i n g c o n c e r n i n g s u b c o n t r a c t o r s :
1 . | T h e p o r t i o n o f t h e w o r k , w h i c h w i l l b e d o n e b y e a c h s u b c o n t r a c t o r ; a n d 2 . | T h e n a m e a n d l o c a t i o n o f t h e p l a c e o f b u s i n e s s o f e a c h s u b c o n t r a c t o r w h o w i l l p e r f o r m w o r k o r l a b o r , f a b r i c a t e a p o r t i o n o f t h e w o r k o r i m p r o v e m e n t a c c o r d i n g t o d e t a i l e d d r a w i n g s i n t h e p r o j e c t p l a n s , o r r e n d e r s e r v i c e t o t h e C o n t r a c t o r i n o r a b o u t t h e c o n s t r u c t i o n o f t h e w o r k i n a n a m o u n t i n e x c e s s o f o n e - h a l f o f o n e p e r c e n t ( 0 . 5 % ) o f t h e C o n t r a c t o r ' s t o t a l b i d .

P o r t i o n o f W o r k t o b e S u b c o n t r a c t o r N a m e , R e g i s t e r e d P e r f o r m e d b y S u b c o n t r a c t o r A d d r e s s a n d L i c e n s e N u m b e r w i t h D I R ? ( L i c e n s e N o . R e q u i r e d u n d e r A B 4 4 ) Y c h e c k i f y e s . B e a c o n E l e c t r i c L i c # 1 1 2 5 7 3 3 E l e c t r i c a l a n d L o w 1 9 0 0 S . N o r f o l k S t , S u i t e 3 5 0 , S a n M a t e o , V o l t a g e C A 9 4 4 0 3

. a l t o m i a r i r e V e t e c t i o n I C # 1 0 4 0 9 F i r e A l a r m 1 3 3 0 N . B r o a d w a y # 2 0 0 D , W a l n u t C r e e k C A 9 4 5 2 3

( F o r a d d i t i o n a l S u b c o n t r a c t o r s , a t t a c h c o p i e s o f t h i s s h e e t a s n e c e s s a r y ) N o t e : T H I S C E R T I F I C A T E M U S T B E C O M P L E T E D A N D R E T U R N E D A L O N G W I T H T H E C O N T R A C T O R ' S B I D P R O P O S A L . v ¥ D E P A R T M E N T O F I N D U S T R I A L R E L A T I O N S R E G I S T R A T I O N R E Q U I R E M E N T I n a c c o r d a n c e w i t h L a b o r C o d e S e c t i o n 1 7 2 5 . 5 , a l l c o n t r a c t o r s a n d s u b c o n t r a c t o r s l i s t e d o n a p u b l i c w o r k s b i d p r o p o s a l m u s t b e r e g i s t e r e d w i t h t h e D I R .

A g r e e m e n t S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t P a g e A - 1 0
ZONE 4 CONSTRUCTION, INC.

9.h
April 13, 2026

Packet Pg. 99

P o r t i o n o f W o r k t o b e S u b c o n t r a c t o r N a m e , R e g i s t e r e d P e r f o r m e d b y S u b c o n t r a c t o r A d d r e s s a n d L i c e n s e N u m b e r w i t h D I R ? ( L i c e n s e N o . R e q u i r e d u n d e r A B 4 4 ) ¥ c h e c k i f y e s C o n c r e t e S c a n n i n g 1 3 9 0 N o r t h M c D o w e l l B i v d , S u i t e G , B o x 2 6 0

C a l C o r e ( 1 0 1 6 4 7 3 ) P e t a l u m a , C A 9 4 9 5 4 1 0 0 0 5 9 6 7 1 4 M i l l w o r k 4 8 8 2 D a v e n p o r t P l a c e

M e t r o C a s w e w o r k ( 9 3 1 2 6 3 ) F r e m o n t , C A 9 4 5 3 8 1 0 0 0 0 1 7 7 9 1 R o o f i n g 1 0 2 2 7 I n t e r n a t i o n a l B l v d D i a b l o R o o f i n g ( 1 0 6 9 3 3 8 ) O a k l a n d , C A 9 4 6 0 3 1 0 0 0 7 1 2 1 7 5

5 . | G l a s s & G l a z i n g 6 2 6 C o m m e r c e C o u r t

H e r i t a g e D o o r s & G l a s s ( 8 9 8 2 4 5 ) | M a n t e c a , C A 9 5 3 3 6 2 0 0 0 0 0 0 3 7 8 C e r a m i c T i l e 1 6 9 6 R o g e r s A v e
C a l T i l e ( 4 3 9 2 2 0 ) S a n J o s e , C A 9 5 1 1 2 1 0 0 0 0 0 4 3 2 8

A c o u s t i c a l C e i l i n g 5 8 6 M a r t i n A v e # 4 H i g h p o i n t A c o u s t i c ( 1 0 3 6 3 1 1 ) R o h n e r t P a r k , C A 9 4 9 2 8 2 0 0 0 0 0 0 5 3 2 ( F o r a d d i t i o n a l S u b c o n t r a c t o r s , a t t a c h c o p i e s o f t h i s s h e e t a s n e c e s s a r y )

N O T E : T H I S C E R T I F I C A T E M U S T B E C O M P L E T E D A N D R E T U R N E D A L O N G W I T H T H E C O N T R A C T O R ’ S B I D P R O P O S A L .

Y ¥ D E P A R T M E N T O F I N D U S T R I A L R E L A T I O N S R E G I S T R A T I O N R E Q U I R E M E N T I n a c c o r d a n c e w i t h L a b o r C o d e S e c t i o n 1 7 2 5 . 5 , a l l c o n t r a c t o r s a n d s u b c o n t r a c t o r s l i s t e d o n a p u b l i c w o r k s b i d p r o p o s a l m u s t b e r e g i s t e r e d w i t h t h e D I R .

A g r e e m e n t S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t P a g e A - 1 0
FOUNDRY CONSTRUCTION, INC.

9.h
April 13, 2026

Packet Pg. 100

P o r t i o n o f W o r k t o b e
P e r f o r m e d b y S u b c o n t r a c t o r
F l o o r i n g
S u b c o n t r a c t o r N a m e ,
A d d r e s s a n d L i c e n s e N u m b e r
( L i c e n s e N o . R e q u i r e d u n d e r A B 4 4 ) 3 0 5 M a t t h e w S t r e e t
R e g i s t e r e d
w i t h D I R ?
Y c h e c k i f y e s

B T M a n c i n i ( 2 2 9 2 1 0 )
W i n d o w C o v e r i n g
S a n J o s e , C A 9 5 0 5 0
3 6 0 P i e r c y R o a d
1 0 0 0 0 0 0 2 9 8 9

P e n i n s u l a t o r s ( 7 5 7 8 0 0 )
F i r e P r o t e c t i o n
S a n J o s e , C A 9 5 1 3 8
3 5 0 E n t e r p r i s e P l a c e
1 0 0 0 0 0 7 5 3 9

R C M F i r e P r o t e c t i o n ( 7 9 3 2 0 5 )
P l u m b i n g
T r a c y , C A 9 5 3 0 4
5 2 3 M a y f a i r A v e
1 0 0 0 0 0 6 1 9 2

P r i b u s s E n g i n e e r i n g ( 2 5 1 2 4 1 )

H V A C
S o u t h S a n F r a n c i s c o , C A 9 4 0 8 0
1 9 7 3 E a s t B a y s h o r e R o a d
1 0 0 0 0 1 6 5 6 6

A i r e S h e e t M e t a l ( 2 7 1 2 6 4 )
L o w V o l t a g e
R e d w o o d C i t y , C A 9 4 0 6 3
1 8 2 3 E g b e r t A v e
1 0 0 0 0 0 0 3 0 7

M D C L o w V o l t a g e ( 9 4 7 7 7 5 )
E l e c t r i c a l
S a n F r a n c i s c o , C A 9 4 1 2 4
1 4 3 D u b l i n S t r e e t
1 0 0 0 0 5 0 7 5 4

F S E l e c t r i c ( 1 1 0 9 2 7 2 )

S a n F r a n c i s c o , C A 9 4 1 1 2 2 0 0 0 0 0 3 2 9 1 ( F o r a d d i t i o n a l S u b c o n t r a c t o r s , a t t a c h c o p i e s o f t h i s s h e e t a s n e c e s s a r y ) N o T e : T H I S C E R T I F I C A T E M U S T B E C O M P L E T E D A N D R E T U R N E D A L O N G W I T H T H E C O N T R A C T O R ' S B I D P R O P O S A L . v ¥ D E P A R T M E N T O F I N D U S T R I A L R E L A T I O N S R E G I S T R A T I O N R E Q U I R E M E N T

I n a c c o r d a n c e w i t h L a b o r C o d e S e c t i o n 1 7 2 5 . 5 , a l l c o n t r a c t o r s a n d s u b c o n t r a c t o r s l i s t e d o n a p u b l i c w o r k s b i d p r o p o s a l m u s t b e r e g i s t e r e d w i t h t h e D I R .

A g r e e m e n t
P a g e A - 1 0
S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t FOUNDRY CONSTRUCTION, INC.

9.h
April 13, 2026

Packet Pg. 101

Agreement San Carlos Library Makerspace Project
Page A-7

BASE BI
D 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:

Zone 4 Construction, Inc.

Self-perform bid items
20,945.00
12,567.00
3,000.00
4,700.00
$41,212.00 is 5.64 % of $731,355.00

9.h
April 13, 2026

Packet Pg. 102

Agreement San Carlos Library Makerspace Project
Page A-8

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:

$41,212.00
$41,212.00 is 5.64 percent of $731,355.00 ORIGINAL TOTAL BID AMOUNT OF ZONE 4 $219,406.50 is 30 percent of $731,355.00
Zone 4 Construction, Inc.

9.h
April 13, 2026

Packet Pg. 103

B A S E B I D I T E M S A R E A S F O L L O W S :

S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t

B A S E B I D

G E N E R A L R E Q U I R E M E N T S
P R O J E C T M A N A G E M E N T A N D C O O R D I N A T I O N $ 6 9 , 7 7 5 O V E R H E A D A N D P R O F I T $ 4 5 , 9 6 8
P R O J E C T A D M I N I S T R A T I O N $ 8 , 3 7 8 F L O O R P R O T E C T I O N $ 2 0 , 9 4 5
C L E A N I N G A N D W A S T E M A N A G E M E N T $ 1 2 , 5 6 7 F I N A L C L E A N I N G $ 3 , 0 0 0
G E N E R A L R E Q U I R E M E N T S S U B T O T A L : $ 1 5 7 , 6 3 3

D E M O L I T I O N
D U M P S T E R A N D H A U L I N G $ 4 , 7 0 0
D U M P S T E R A N D H A U L I N G S U B T O T A L : $ 4 , 7 0 0

R O L L E R S H A D E S
F U R N I S H A N D I N S T A L L R O L L E R S H A D E S $ 7 , 5 0 0 R O L L E R S H A D E S S U B T O T A L : $ 7 , 5 0 0

M E T A L S & S U S P E N D E D C E I L I N G
F U R N I S H A N D I N S T A L L W A L L F R A M I N G A N D S O F F E T $ 5 5 , 8 0 0 F U R N I S H A N D I N S T A L L S U S P E N D E D C E I L I N G $ 3 6 , 8 5 0 M E T A L S & S U S P E N D E D C E I L I N G S U B T O T A L : $ 9 2 , 6 5 0

W O O D , P L A S T I C S A N D C O M P O S I T E S
F U R N I S H A N D I N S T A L L C A B I N E T R Y P E R P L A N $ 1 3 9 , 1 2 7 F U R N I S H A N D I N S T A L L C A B I N E T H A R D W A R E P E R P L A N $ 1 5 , 4 5 9 W O O D , P L A S T I C S A N D C O M P O S I T E S S U B T O T A L : | 9 4 5 4 5 8 5

S O L A R T U B E S
F U R N I S H & I N S T A L L S O L A R T U B E ( S ) A N D A S S O C I A T E D F R A M I N G , $ 1 3 , 8 4 0

W A T E R P R O O F I N G A N D F L A S H I N G ,
S O L A R T U B E S S U B T O T A L : | 9 1 3 . 8 4 0

D O O R S A N D W I N D O W S
F U R N I S H A N D I N S T A L L E N T R Y D O O R $ 8 , 9 3 4 F U R N I S H A N D I N S T A L L R E P L A C E M E N T D O O R S $ 5 , 2 1 2 F U R N I S H A N D I N S T A L L D O O R H A R D W A R E $ 7 4 5 F U R N I S H A N D I N S T A L L W I N O W M A T E R I A L $ 8 , 9 3 9 D O O R S A N D W I N D O W S S U B T O T A L : | $ 2 3 , 8 2 9

A g r e e m e n t
P a g e A - 7
S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t

ZONE 4 CONSTRUCTION, INC.

ORIGINAL BID ITEMS

SELF-PERFORM

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F I N I S H E S

F U R N I S H A N D I N S T A L L 5 / 8 " G Y P B D . L E V E L 5 F I N I S H I n c l u d e d i n F r a m i n g

F U R N I S H A N D I N S T A L L C A R P E T A N D / O R F L O O R T I L E S $ 2 0 , 0 4 2

F U R N I S H A N D P R O V I D E P A I N T I N G , W A L L P A N E L S A N D W H I T E B O A R D $ 3 7 , 3 8 7

F U R N I S H A N D I N S T A L L C O U N T E R T O P S I n c l u d e d i n C a b i n e t r y

F U R N I S H A N D P R O V I D E A L L F U R N I T U R E N / A - B y O w n e r

F U R N I S H A N D I N S T A L L D O O R H A R D W A R E I n c l u d e d w i t h D o o r s

F I N I S H E S S U B T O T A L : | $ 5 7 , 4 2 9

T H I S S E C T I O N L E F T B L A N K
S U B T O T A L :

E Q U I P M E N T
E Q U I P M E N T R E N T A L A S N E E D E D I n c l u d e d i n G R s E Q U I P M E N T S U B T O T A L : I n c l u d e d i n G R s

A L A R M & S P R I N K L E R S Y S T E M S ( D E F E R R E D S U B M I T T A L ) D E S I G N A N D I N S T A L L O F A L A R M & S P R I N K L E R S Y S T E M S ( D E F E R R E D ) $ 9 , 8 8 0 A L A R M & S P R I N K L E R S Y S T E M S S U B T O T A L : $ 9 , 8 8 0

P L U M B I N G
F U R N I S H A N D I N S T A L L S I N K A N D F A U C E T M A T E R I A L S $ 4 , 4 5 5 F U R N I S H A N D I N S T A L L R O U G H A N D F I N I S H P L U M B I N G $ 9 , 0 4 5 P L U M B I N G S U B T O T A L : $ 1 3 , 5 0 0

H E A T I N G , V E N T I L A T I O N & A I R C O N D I T I O N I N G F U R N I S H A N D I N S T A L L N E W H V A G A N D D U C T W O R K $ 5 6 , 2 1 3 H E A T I N G , V E N T I L A T I O N & A I R C O N D I T I O N I N G S U B T O T A L : | $ 5 6 , 2 1 3

E L E C T R I C A L , L O W V O L T A G E A N D L I G H T I N G F U R N I S H A N D I N S T A L L E L E C T R I C A L & L O W V O L T A G E $ 4 6 , 8 5 6 F U R N I S H A N D I N S T A L L L I G H T I N G $ 7 0 , 2 8 3 E L E C T R I C A L , L O W V O L T A G E A N D L I G H T I N G S U B T O T A L : | $ 1 1 7 , 1 3 9 T O T A L B I D A M O U N T : | $ 7 3 1 , 3 5 5

N o t e s :

A g r e e m e n t
P a g e A - 8
S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t

ZONE 4 CONSTRUCTION, INC.

ORIGINAL BID ITEMS
$731,355.00 ORIGINAL TOTAL BID AMOUNT OF ZONE 4

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Agreement San Carlos Library Makerspace Project
Page A-7

BASE BID ITEM
S 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:
5,100.00
9,150.00
5,200.00
6,240.00
25,000.00
---------------------------------------------------------------------------------- 20,000.00
8,000.00
6,192.00
Foundry Construction, Inc.

Self-perform bid items
$119,282.00 is15.11 % of $789,288.00

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Agreement San Carlos Library Makerspace Project
Page A-8

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:
8,000.00
15,000.00
2,400.00
9,000.00
----------------------------------------------
--------------------------------
$119,282.00
$119,282 is 15.11% of the $789,288 ORIGINAL TOTAL BID OF FOUNDRY $236,786 is 30% of the $789,288
Foundry Construction, Inc.

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B A S E B I D I T E M S A R E A S F O L L O W S :

S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t

B A S E B I D

G E N E R A L R E Q U I R E M E N T S
P R O J E C T M A N A G E M E N T A N D C O O R D I N A T I O N $ 8 5 , 0 0 0 O V E R H E A D A N D P R O F I T $ 6 9 , 0 0 0
P R O J E C T A D M I N I S T R A T I O N $ 3 6 , 5 7 5 F L O O R P R O T E C T I O N $ 5 , 1 0 0
C L E A N I N G A N D W A S T E M A N A G E M E N T $ 9 , 1 5 0 F I N A L C L E A N I N G $ 5 , 2 0 0
G E N E R A L R E Q U I R E M E N T S S U B T O T A L : | $ 2 1 0 , 0 2 5

D E M O L I T I O N
D U M P S T E R A N D H A U L I N G $ 6 , 2 4 0
D U M P S T E R A N D H A U L I N G S U B T O T A L : | $ 6 , 2 4 0

R O L L E R S H A D E S
F U R N I S H A N D I N S T A L L R O L L E R S H A D E S $ 2 , 8 7 5 R O L L E R S H A D E S S U B T O T A L : | $ 2 , 8 7 5

M E T A L S & S U S P E N D E D C E I L I N G
F U R N I S H A N D I N S T A L L W A L L F R A M I N G A N D S O F F E T $ 2 5 , 0 0 0 F U R N I S H A N D I N S T A L L S U S P E N D E D C E I L I N G $ 4 1 , 4 2 4 M E T A L S & S U S P E N D E D C E I L I N G S U B T O T A L : | 6 6 , 4 2 4

W O O D , P L A S T I C S A N D C O M P O S I T E S
F U R N I S H A N D I N S T A L L C A B I N E T R Y P E R P L A N $ 1 2 1 , 9 5 4 F U R N I S H A N D I N S T A L L C A B I N E T H A R D W A R E P E R P L A N $ 1 0 , 0 0 0 W O O D , P L A S T I C S A N D C O M P O S I T E S S U B T O T A L : | $ 1 3 1 , 9 5 4 S O L A R T U B E S .

F U R N I S H & I N S T A L L S O L A R T U B E ( S ) A N D A S S O C I A T E D F R A M I N G , $ 4 1 , 1 8 1

W A T E R P R O O F I N G A N D F L A S H I N G '
S O L A R T U B E S S U B T O T A L : | $ 4 1 , 1 8 1

D O O R S A N D W I N D O W S
F U R N I S H A N D I N S T A L L E N T R Y D O O R $ 8 , 0 0 0 F U R N I S H A N D I N S T A L L R E P L A C E M E N T D O O R S $ 3 , 0 0 0 F U R N I S H A N D I N S T A L L D O O R H A R D W A R E $ 6 , 1 9 2 F U R N I S H A N D I N S T A L L W I N O W M A T E R I A L $ 7 , 0 0 0 D O O R S A N D W I N D O W S S U B T O T A L : | $ 2 4 , 1 9 2

A g r e e m e n t
P a g e A - 7
S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t

FOUNDRY CONSTRUCTION, INC.

ORIGINAL BID ITEMS

SELF-PERFORM

SELF-PERFORM
SELF-PERFORM: $20,000

SELF-PERFORM

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" F I N I S H E S |

F U R N I S H A N D I N S T A L L 5 / 8 " G Y P B D . L E V E L 5 F I N I S H $ 8 , 0 0 0 F U R N I S H A N D I N S T A L L C A R P E T A N D / O R F L O O R T I L E S $ 2 6 , 3 5 4 F U R N I S H A N D P R O V I D E P A I N T I N G , W A L L P A N E L S A N D W H I T E B O A R D $ 3 9 , 5 0 9 F U R N I S H A N D I N S T A L L C O U N T E R T O P S $ 0 . 0 0 F U R N I S H A N D P R O V I D E A L L F U R N I T U R E $ 0 . 0 0 F U R N I S H A N D I N S T A L L D O O R H A R D W A R E $ 0 . 0 0 F I N I S H E S S U B T O T A L : | $ 7 3 , 8 6 3

T H I S S E C T I O N L E F T B L A N K
S U B T O T A L :

E Q U I P M E N T _ _
E Q U I P M E N T R E N T A L A S N E E D E D $ 2 . 4 0 0 E Q U I P M E N T S U B T O T A L : | $ 2 . 4 0 0

A L A R M & S P R I N K L E R S Y S T E M S ( D E F E R R E D S U B M I T T A L ) D E S I G N A N D I N S T A L L O F A L A R M & S P R I N K L E R S Y S T E M S ( D E F E R R E D ) $ 1 6 , 3 8 0 A L A R M & S P R I N K L E R S Y S T E M S S U B T O T A L : | $ 1 6 , 3 8 0

P L U M B I N G
F U R N I S H A N D I N S T A L L S I N K A N D F A U C E T M A T E R I A L S $ 5 , 0 0 0 F U R N I S H A N D I N S T A L L R O U G H A N D F I N I S H P L U M B I N G $ 1 4 , 5 0 7 P L U M B I N G S U B T O T A L : | $ 1 9 , 5 0 7

H E A T I N G , V E N T I L A T I O N & A I R C O N D I T I O N I N G F U R N I S H A N D I N S T A L L N E W H V A C A N D D U C T W O R K $ 7 3 , 9 0 0 H E A T I N G , V E N T I L A T I O N & A I R C O N D I T I O N I N G S U B T O T A L : | $ 7 3 , 9 0 0

E L E C T R I C A L , L O W V O L T A G E A N D L I G H T I N G F U R N I S H A N D I N S T A L L E L E C T R I C A L & L O W V O L T A G E $ 8 0 , 3 4 7 F U R N I S H A N D I N S T A L L L I G H T I N G $ 4 0 , 0 0 0 E L E C T R I C A L , L O W V O L T A G E A N D L I G H T I N G S U B T O T A L : | $ 1 2 0 , 3 4 7 T O T A L B I D A M O U N T : | $ 7 8 9 , 2 8 8

N o t e s :

A g r e e m e n t
P a g e A - 8
S a n C a r l o s L i b r a r y M a k e r s p a c e P r o j e c t

$789,288.00 ORIGINAL TOTAL BID AMOUNT OF FOUNDRY
FOUNDRY CONSTRUCTION, INC.

ORIGINAL BID ITEMS

SELF-PERFORM
SELF-PERFORM: $15,000

SELF-PERFORM
SELF-PERFORM: $9,000

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ATTACHMENT 3

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66 FRANKLIN STREET, SUITE 300 OAKLAND, CA 94607
P: (510) 703-1256

Foundry Construction
66 Franklin Street
Suite 300
Oakland, CA 94607

March 5, 2026

Attn: City Clerk
City of San Carlos
600 Elm Street
San Carlos, CA 94070

RE: San Carlos Library Makerspace Project
Response to Bid Protest

Dear Contract Administrators,

Foundry Construction, Inc. (hereinafter called “Foundry”) is in receipt of North Bay Design and Build, Inc. (hereinafter called “North Bay”) bid protest letter dated March 4, 2026, requesting the determination of Foundry’s bid to be non -responsive and not responsible, therefore disqualifying Foundry to receive the above referenced project contract award.

North Bay’s assertion that “The Bidder’s Bond of Argos Construction, Zone 4 Construction, Inc. and Foundry Construction, Inc. do not have a Corporate Seals. The Bidder’s Bond is not a legal document without a corporate seal in accordance with the project specifications, State Laws and all applicable Laws .”, is incorrect and unsupported by California Law.

Pursuant to California Code, Corporation Code § 207 (a) (attached as Exhibit ‘A’), “a corporation shall have all the powers of a natural person in carrying out its business activities, including, without limitation, the power to: Adopt, use and at will alter a corporate seal, but failure to affix a seal does not affect the validity of any instrument”. Foundry has not adopted a corporate seal and California law clearly provides that the absence of a corporate seal does not affect the validity or enforceability of any instrument. Accordingly, Foundry’s Bidder’s Bond is valid, enforceable and fully compliant with applicable law.

North Bay further alleges that Foundry did not meet the requirement of the project specifications, Agreement, Page A -10, Designation of Subcontractors, which states “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”.

This assertion is also incorrect. Foundry will self-perform $292,846 of work using its own employees for onsite management, project management, demolition, progress cleaning, final cleaning, rough carpentry, framing, drywall, and painting. This amount exceeds the 30% minimum self-performance requirement and represents approximately 37% of the total bid amount. Therefore, Foundry fully satisfies the project’s self- performance requirement.

Conversely, North Bay ’s own bid appears to contain material deficiencies. North Bay failed to list the building required HVAC controls contractor and a plumbing contractor in their bid. The value of these two

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66 FRANKLIN STREET, SUITE 300 OAKLAND, CA 94607
P: (510) 703-1256
scopes unquestionably exceeds one-half of one percent (0.5%) of North Bay’s total bid amount, thereby triggering the mandatory subcontractor listing requirement under Subletting and Subcontracting Fair Practices Act.

North Bay does not hold a C -36 plumbing license and therefore is not legally qualified to self -perform the plumbing scope of work. Although North Bay possesses a C -20 license, Addendum #1 expressly requires that the HVAC controls work be performed by Comfo rt International. Accordingly, North Bay would be required to subcontract this work directly to Comfort International unless it properly listed an HVAC subcontractor that would in turn carry Comfort International as a second -tier subcontractor. North Bay failed to do so.

North Bay’s failure to list subcontractors for these required scopes constitutes an omission and raises substantial concerns regarding the responsiveness of its bid under the subcontractor listing requirements.

Based on the foregoing, Foundry’s bid is both responsive and responsible and fully complies with the requirements of the project specifications and applicable California law. Accordingly, Foundry respectfully requests that the City reject North Bay’s bid p rotest in its entirety and proceed with the award of the contract in accordance with the results of the bid.

Sincerely,

President
Foundry Construction, Inc.
66 Franklin Street,
Suite 300
Oakland, CA 94607
510.703.1256
[email protected]

Attachments:

Exhibit ‘A’ – California Code, Corporation Code § 207
Exhibit ‘B’ – North Bay’s License Detail (CSLB #1129470) Exhibit ‘C’ – Comfort International’s bid dated February 11, 2026 Exhibit ‘D’ – Addendum #1

CC:

City Clerk (City of San Carlos)
Chis Valley (City of San Carlos)
Rachel McDonnell (San Mateo County Libraries)
Danae Ramirez (San Mateo County Libraries)
Rodrigo Reyes (North Bay Design and Build, Inc.)
Zone 4 Construction, Inc.

Argos Construction, Inc.

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State of California

CORPORATIONS CODE
Section 207
207. Subject to any limitations contained in the articles and to compliance with other provisions of this division and any other applicable laws, a corporation shall have all of the po wers of a natural person in carrying out its b usiness activities, including, without limitation, the power to:
(a)  Adopt, use, and at will alter a corporate seal, but failure to affix a seal does not affect the validity of any instrument.
(b)  Adopt, amend, and repeal bylaws.
(c)  Qualify to do b usiness in an y other state, territory , dependenc y, or foreign country.
(d)  Subject to the provisions of Section 510, issue, purchase, redeem, receive, take or otherwise acquire, o wn, hold, sell, lend, e xchange, transfer or otherwise dispose of, pledge, use, and otherwise deal in and with its own shares, bonds, debentures, and other securities.
(e)  Make donations, regardless of specific corporate benefit, for the public welfare or for community fund, hospital, charitable, educational, scientific, ci vic, or similar purposes.
(f)  Pay pensions, and establish and carry out pension, profit-sharing, share bonus, share purchase, share option, sa vings, thrift, and other retirement, incenti ve, and benefit plans, trusts, and pro visions for an y or all of the directors, officers, and employees of the corporation or an y of its subsidiary or affiliated corporations, and to indemnify and purchase and maintain insurance on behalf of any fiduciary of such plans, trusts, or provisions.
(g)  Subject to the provisions of Section 315, assume obligations, enter into contracts, including contracts of guaranty or suretyship, incur liabilities, borrow and lend money, and otherwise use its credit, and secure any of its obligations, contracts, or liabilities by mortgage, pledge, or other encumbrance of all or any part of its property, franchises, and income.
(h)  Participate with others in any partnership, joint venture, or other association, transaction, or arrangement of an y kind, whether or not such participation in volves sharing or delegation of control with or to others.
(i)  (1)  In anticipation of or during an emer gency, tak e either or both of the following actions necessary to conduct the corporation’ s b usiness operations and affairs, unless emer gency bylaws provide otherwise pursuant to subdi vision (c) of Section 212:
(A)  Modify lines of succession to accommodate the incapacity of an y director, officer, employee, or agent resulting from the emergency.

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Pg. 116

(B)  Relocate the principal office, designate alternative principal offices or regional offices, or authorize the officers to do so.
(2)  During an emergency, take either or both of the follo wing actions necessary to conduct the corporation’s business operations and affairs, unless emergency bylaws provide otherwise pursuant to subdivision (c) of Section 212:
(A)  Give notice to a director or directors in an y practicable manner under the circumstances, including, but not limited to, by publication and radio, when notice of a meeting of the board cannot be given to that director or directors in the manner prescribed by the bylaws or Section 307.
(B)  Deem that one or more officers of the corporation present at a board meeting is a director , in order of rank and within the same rank in order of seniority , as necessary to achieve a quorum for that meeting.
(3)  In anticipation of or during an emergency, the board may take any action that it determines to be necessary or appropriate to respond to the emer gency, mitigate the effects of the emer gency, or comply with la wful federal and state go vernment orders, but shall not take any action that requires the vote of the shareholders, unless the required vote of the shareholders was obtained prior to the emergency. (4)  Any actions taken in good faith in anticipation of or during an emergency under this subdivision bind the corporation and shall not be used to impose liability on a corporate director, officer, employee, or agent.
(5)  For purposes of this subdi vision, “emergency” means an y of the follo wing events or circumstances as a result of which, and only so long as, a quorum of the corporation’s board of directors cannot be readily convened for action:
(A)  A natural catastrophe, including, but not limited to, a hurricane, tornado, storm, high water, wind-driven water, tidal w ave, tsunami, earthquak e, volcanic eruption, landslide, mudslide, snowstorm, drought, epidemic, pandemic, or disease outbreak, or, regardless of cause, any fire, flood, or explosion. (B)  An attack on or within this state or on the public security of its residents by an enemy of this state or on the nation by an enemy of the United States of America, or upon receipt by this state of a warning from the federal government indicating that any such enemy attack is probable or imminent.
(C)  An act of terrorism or other manmade disaster that results in e xtraordinary levels of casualties or damage or disruption se verely af fecting the infrastructure, environment, economy, government functions, or population, including, but not limited to, mass evacuations.
(D)  A state of emergency proclaimed by the Governor of this state, including any person serving as Governor in accordance with Section 10 of Article V of the California Constitution and Section 12058 of the Government Code, or by the President of the United States of America.
(Amended by Stats. 2021, Ch. 523, Sec. 1. (AB 663) Effective January 1, 2022.)

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Pg. 117

Data current as of 3/5/2026 9:45:35 AM
Home | Online Services | License Details
Contractor's License Detail for License #
1129470
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.

Business Information

NORTH BAY DESIGN AND BUILD INC
2163 ALDENGATE WAY #94
HAYWARD, CA 94545
EntityCorporation
Issue Date11/21/2024
Expire Date 11/30/2026
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with WESTERN SURETY COMPANY.

Bond Number: 67673928
Bond Amount: $25,000
E�ective Date: 11/12/2025
Contractor's Bond History
Bond of Qualifying Individual
CSLB complaint disclosure is restricted by law (B&P 7124.6 ) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions. 
Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17 ). Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database. A - GENERAL ENGINEERING
B - GENERAL BUILDING
C10 - ELECTRICAL
C20 - WARM-AIR HEATING, VENTILATING AND AIR-CONDITIONING The qualifying individual MARIO BALIN LAGULA certified that he/she owns 10 percent or more of the voting stock/ membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

E�ective Date: 11/21/2024

This license filed Bond of Qualifying Individual number 100999544 for RAQUELYN RIVERA REYES in the amount of $25,000 with AMERICAN CONTRACTORS INDEMNITY COMPANY.

E�ective Date: 10/06/2025

The qualifying individual AMIN ROUZBEH certified that he/she owns 10 percent or more of the voting stock/ membership interest of this company; therefore, the Bond of Qualifying Individual is not required.

E�ective Date: 11/21/2024


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Copyright © 2026 State of California
Workers' Compensation
This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number:9383702
E�ective Date: 07/09/2025
Expire Date: 07/09/2026
Workers' Compensation History
Other
Personnel listed on this license (current or disassociated) are listed on other licenses. Back to Top Conditions of Use Privacy Policy Accessibility Accessibility Certification

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2570 North First Street, 2nd Floor
San Jose, CA 95131
Phone: 888 518-1118
Fax: 888 600-3880
www.comfortintl.com
© 2026 Comfort International, Inc. All rights reserved. CA license # 759534 (C20 C38 C-4 C10 B) A Minority Owned Company

Page 1 of 2 ends

February 11, 2026

Attn: Bidding Contractor

Reference: San Carlos Library- Makerspace Project – Controls

Dear Bidding Contractor,

Comfort International Inc. is pleased to provide this proposal fo r the above project. Our proposal is based on the mechanical drawings by WRNS Studio and Interface Engineering dated 5-19-25 and the following scopes and assumptions.

Scope of Work:

 Perform safe-off and removal of the existing VAV controls for reuse onto the new VAV box.  Provide (1) new 2-way ½” control valve to Mechanical Contractor for installation.  Re-install the previously removed existing VAV controller onto new VAV box.  Provide and install (1) new Thermost at for the new VAV per Drawing, M-201.  Provide and install (1) controller on the roof fo r the new Exhaust Fan, EF-1 per Drawing, M-301.  Provide and install all necessary lo w voltage wiring for the above equipment.  Extend the existing communication network to the above new and relocated controllers.  Perform programming and commissioning.
 Provide labor to assist air balancer for the new work.  Revise graphics to match new space.
 Labor, parts, and sales tax.
 One year warranty on new parts and labor.

Proposed amount for the above Scope of Work is…………………………………………………….$25,500.00

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Page 2 of 2 ends

Exclusions/Clarifications:

 Any work or material not mentioned above
 Overtime premium costs
 LEED certification
 CA Title 24 Commissioning
 Any unforeseen existing conditions
 Air or water balance
 Liquidated damages
 Any leak detection systems unless mentioned above
 Any smoke detectors, VFDs, or air flow monitoring stations/devices  Electrical for 110VAC or above
 Plenum rated cables shall be freed run above ceilings  Installation or maintenance of phone lines or IP network connections  Installation of control valves or temperature wells
 Permits, plan check fees, cost of ins pections, performance and payment bonds  Fire Protection and life safety systems
 All cutting, coring, patching, painting, grouting, fireproofi ng, and framing of all openings in floor, decking, ceilings, roof, and walls  Trenching or backfill
 Demo and removal of hazardous or contaminated materials  Temporary utilities, including water, sanitary, constructi on water, power, heating, ventilation and lighting etc. along with cost of same  Seismic calculations

Thank you for the opportunity to provide this proposal for the above reference project. We look forward to working with you and your company.

Please feel free to contact us if you have any questions or if we can be of further assistance. This proposal shall expire 30 days from the issuance date.

Regards,

Sonny Kwok
Sonny Kwok
Senior Project Manager
Comfort International, Inc.

Payment terms: Progressive billings

Terms of Proposal: Upon credit approval, Comfort International Inc. will accept this project (see attached credit application). Upon approval of our credit terms, payment on Comfort International Inc. invoices are due thirty (30) days from invoice date, otherwise payment is due upon presentation of invoice. A late payment penalty charge equal to two percent (2%) of all amounts thirty (30) days or more past due will be assessed for each thirty (30) day period, or portion thereof, during which any of such amounts remain past due.

If this proposal is acceptable, please sign and return one copy to the address above.

Proposal
Accepted By: Approved By:

Sonny Kwok, Senior Project Manager
Title:

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6 0 0 E L M S T R E E T
S A N C A R L O S , C A 9 4 0 7 0
( 6 5 0 ) 8 0 2 - 4 2 1 9
C I T Y O F S A N C A R L O S . O R G

C I T Y O F S A N C A R L O S

C I T Y C L E R K

S A N C A R L O S L I B R A R Y M A K E R S P A C E P R O J E C T A D D E N D U M N O . 1
D A T E : F e b r u a r y 5 , 2 0 2 6
T O : A l l P l a n h o l d e r s
T h i s A d d e n d u m i s b e i n g i s s u e d t o r e v i s e P l a n S h e e t s A - 1 0 2 a n d A - 9 0 1 a n d r e s p o n d t o b i d d e r q u e s t i o n s . f o r t h e a b o v e r e f e r e n c e d p r o j e c t . T h e u n a l t e r e d p o r t i o n s o f t h e C o n t r a c t D o c u m e n t s s h a l l r e m a i n i n e f f e c t . P l e a s e a c k n o w l e d g e r e c e i p t o f t h i s A d d e n d u m a n d r e t u r n a s i g n e d c o p y w i t h y o u r b i d p r o p o s a l .

A D D E N D U M A C K N O W L E D G M E N T
B i d d e r a c k n o w l e d g e s r e c e i p t o f t h i s a d d e n d u m , w h i c h s h a l l b e a t t a c h e d t o t h e P r o p o s a l .

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F e b . 2 6 . 2 0 2 6
S I G N A T U R E R o d r i g o R e y e s D A T E
Signature

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SAN CARLOS LIBRARY MAKERSPACE PROJECT
ADDENDUM NO. 1

DATE: February 5, 2026

TO: All Plan holders

This Addendum is being issued to revise Plan Sheets A-102 and A-901 and respond to bidder questions. for the above referenced project. The unaltered portions of the Contract Documents shall remain in effect. Please acknowledge receipt of this Addendum and return a signed copy with your bid proposal.

ADDENDUM ACKNOWLEDGMENT

Bidder acknowledges receipt of this addendum, which shall be attached to the Proposal.

________________________________________________

NAME OF COMPANY

_______________________________________ ________________

SIGNATURE DATE

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San Carlos Makerspace Pre Bid RFI LOG
Item
Date
Received GC RFI Response
1 21-Jan Is this a prevailing wage project Yes.
2 21-Jan
Clarify size of duct work for mechanical equipment
Duct sizes as noted on the mechanical plans. Wherever the duct size is not marked and it is routed to a diffuser, branch duct to match diffuser size.
3 21-Jan Where is the Location of fire riser Southwest corner of library (2nd floor corner office closet). 4 21-Jan How do you access the space There are two stairways and an elevator. 5 21-Jan Who is the City’s fire alarm contractor For the Library, it's Pacific Auxiliary Fire Alarm (PAFA). 6 21-Jan When is the due date for RFI’s Please refer to bid package documents. 7 21-Jan Is the roof under warranty? Yes, the roof was replaced last year. 8 21-Jan What material is the roof?
a. Substrate board. b. Roof insulation. c. Roof insulation cover board. d. SBS-modified bituminous membrane roofing.
9 21-Jan Where can we stage material? The City will accommodate a material storage area, if necessary. 10 21-Jan Where do we park?
Contractors and sub-contractors shall park in the library parking garage. Please refer to General and Specific Provisions for this project.
11 21-Jan If we need to run a circuit from the sub-panel to the Project suite space, is there an existing conduit? A new conduit will need to be provided for new circuits to the project suite space. 12 21-Jan What is the engineer’s estimate for this project? The architect of record, as stated in the Notice Inviting Sealed Proposals, provided a cost estimate of $735,452.00. 13 21-Jan Who does the City contractor with for maintenance and technical assistance for the mechanical system? Comfort International.
14 21-Jan What is the expected timeline of the project? The estimated timeline is 3 months. Bidders to clarify their anticipated timeline 15 21-Jan What if there is a problem with procurement of materials? This will have an impact on the timeline of the project. Please clarify this in the bid you provide for the project. 16 21-Jan Are there any hazardous materials (in the building)? The San Carlos Library was built in the late 1990’s, therefore there is no asbestos associated with the construction of the facility.
17 22-Jan Please advise if there will be a staging/laydown area for materials. See response to #9 above. 18 22-Jan Please advise on contractor parking. See response to #10 above. 19 22-Jan Other than contractor licensing, DIR registration, and recent projects, please advise if there is any additional prequalification requirements. Please refer to call for bid package documents for contractor requirements. 20 22-Jan Please advise who the existing fire alarm vendor/manufacturer is. See response to #5 above. 21 22-Jan Other than the Fire Alarm and Fire Sprinkler deferred permits, please advise if there are any other outstanding permits.

The only deferred submittals for this project are for Fire Alarm and Fire Sprinkler. There will be a building permit issued for this project and there may be a encroachment permit(s) required for storage of material(s) in the public right of way or on city property.
22 22-Jan Please confirm there is no Project Labor Agreement (PLA). The City of San Carlos does not have a pre-hire collective bargaining agreement between construction unions and contractors. This project is a prevailing wage project, however. 23 22-Jan Please advise if there is a hazmat report, or if hazmat scope is expected. See response to #16 above.

Questions at
mandatory site
walk

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24 22-Jan Please advise if there are as-builts available. Bidding contractors are required to place their bids based upon the plans provided by WRNS. As-built plans are not available for the bid submittal.
25 22-Jan Please advise who is to provide and install the furniture and equipment shown on A-102. SMCL will coordinate selection, procurement, and installation of furniture listed on the furniture schedule. SMCL will provide equipment listed in the equipment schedule and install all equipment with the exception of the TV 26 22-Jan Please advise what the existing roofing material/manufacturer/system is. See response to #8 above 27 22-Jan Please advise if the existing roofing is still under warranty. If yes, please advise who installed the roofing as they will need to perform the roofing scope. See response to #7 above 28 22-Jan Please advise on the extent of rubber floor 2 and 4 and the finish plan A-901 only shows rubber floor 1 and 3. See revised A-901 attached with rubber floor 02 and 04 indicated 29 22-Jan Please advise if there is existing power on the roof, or if power needs to be brought to the new unit.

Roof top electrical will need to be brought to rooftop equipment as specified in the WRNS drawing for the Makerspace Project.
30 22-Jan Please advise if there is any signage scope. Not in scope 31 22-Jan
Please note that the elevation callout on A-102 and A-901 do not accurately show the interior elevations. The interior elevations are on A-501. Please advise if these can be updated to reflect the current design. Correct, the elevation are on A-501. Revised A-102 plan attached with call out tags revised 32 22-Jan Please advise if the existing VAV is to remain and be reused. No, the existing VAV is to be demolished per General Mechanical Note R on M-001. A new VAV is to be provided to serve the remodeled space as indicated in the terminal unit schedule on M-002 33 22-Jan The existing ceiling appears to be fire rated ceiling, but it is not fire taped. Please advise if the ceiling needs to be fire taped. Yes, the ceiling will need to be fire taped. 34 22-Jan
KMC Controls is identified in the specs (23 09 00, Part 2.1) for BAS. Please provide a contact for KMC (required HVAC Controls vendor). Website has many different “solutions”. Please see response to #13 above. 35 22-Jan
Please advise how to provide pre-construction air balance, as identified on M- 101? Note “A” states to “take airflow readings of all air outlets”. However all but 1 are already removed.

Provide airflow reading of VAV box. Airflow readings also to be taken of all equipment listed in note E on M101.

Equipment references existing roof top equipment (EF-2 and SF-2 are part of AC-2 the existing roof top unit serving the space).
36 22-Jan
Is there a path of travel and a roof access/hatch to be able to haul the new fan (and related items) to the roof? What are the dimensions of the access to the roof? A crane would be extremely cost prohibitive for a fan that isn’t very large There is a ladder roof access with a hatch. The clear opening at the hatch is approximately 18" x 24". 37 22-Jan
The drawings call for a Clarus whiteboard which is glass. The spec calls for porcelain enamel on steel. These are two very different products. I would not suggest mounting glass to operable doors as the weak link to glass is the edges as it’s tempered. They show the glass going all the way to the floor. Not a good idea. Can you have the architect clarify what they want? Clarus marker board is the intent. Clarus confirmed the installation was acceptable on doors with metal edge as shown. Markings on porcelain marker boards cannot be fully cleaned off and over time leave permanent marks. 38 22-Jan Please note that the tile material specified is no longer being made. Please advise if there is a different material that can be used. Heath tile, Reed Mural in the Cove colorway Zone 4

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39 22-Jan Are shop drawings required for this project? The project has an approved set of plans drawn by WRNS. Deferred submittals are required for sprinkler and fire alarm systems.
40 22-Jan Is any temp heating & cooling required? Temporary heating and cooling is not required for this project. 41 22-Jan Is the ceiling hard lid or T-Bar?
Ceilings as noted in the RCP (2/a-103) and shown on associated details. He main ceiling is suspended acoustic ceiling with perforated metal and gyp board soffits as shown on the RCP. 42 22-Jan
The plumbing drawings show an existing 1" domestic cold water line. During the walk we didn't see the 1". In the attic there was a 1/2" line running along the back wall, please confirm if there is an existing 1" domestic cold. The drawings show a 3/4" cw line based on previous site walk. GC to confirm the existing line. 43 22-Jan With the new shower and sizes required, will an up size from the 1/2" piping that is existing allowable? CITY: There is no need to upsize potable water or dainline plumbing pipes. 44 22-Jan Please confirm the type of ceiling (Drop Ceiling Tiles, Spline Ceiling Tiles, Hard Lid, Open Plenum, etc.) See response to #44 above
45 22-Jan Please confirm the type of walls (Drywall, Plaster, Stucco, etc.) The majority of the walls are existing to remain. New partitions are metal framed with dry wall as indicated on the interior partition schedule (a-601) and keyed to the flow plan floor (2/a-102) 46 22-Jan Please confirm existing Systems / Vendor for Fire Alarm. Please see response to #5 above. 47 22-Jan
The drawings indicate that the Fire Alarm and Fire Sprinkler systems are deferred submittal items. To ensure alignment, please clarify: Are the design, engineering, layout, and calculations for the Fire Alarm and Fire Sprinkler systems included within the base bid?
The base bid document (Page A-7 and A-8) have a line item for fire alarm and sprinkler deferred submittal(s) bid amounts.
48 22-Jan 7. Should bidders carry allowances for these systems at bid time? Yes, the estimated cost of deferred sprinklers and alarm work needs to be incorporated into the overall bid package submitted.
49 22-Jan a. If yes, please confirm the required allowance amount and basis of design. Required allowance for deferred submittals shall be determined by the contractor(s) submitting bids for this project.
50 22-Jan b Please confirm whether the base bid includes all associated electrical, low- voltage, and related work required to support these systems The fire alarm and fire sprinkler scope of work is contractor designed. There are no FA or FS drawings in the bid package. Systems should be designed per the specifications provided. 51 22-Jan

9. Please confirm whether lighting fixtures indicated on the drawings and fixture schedule are to be provided by the Client (Owner-Furnished) or furnished by the Contractor. Light fixtures to be furnished and installed by GC 52 22-Jan 10. Is the job WIC certified? WIC certification is not mentioned in the call for bid documents. 53 22-Jan 11. Does this project has Union requirements? or Project Labor/Stabilization Agreement? All contractor requirements are spelled out in the call for bid documents. 54 22-Jan 12. Please clarify if this is Prevailing Wage rate project. See response to item #1 above. 55 22-Jan 13. Is this project subject to any Skilled & Trained requirements? Skilled and Trained requirements are not mentioned in the call for bid documents. 56 22-Jan 14. Please confirm if the RFI log will reopen after today for additional clarification requests related to the bid documents. No.

Matrix HG
MFS Construction

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UP
C.9
D
D.8
E
5 6

INFORMAL

COLLABORATION ZONE
20 MIN RATED PTD DOOR

WITH VISION LITE
7'-0 1/2"

WHITEBOARD WITH

STORAGE BELOW

BENCH SEATING

WITH STORAGE
BELOW

CLOSED LOCKABLE

STORAGE WITH

WRITABLE SURFACE
DOORS

ADJUSTABLE SHELVES / DISPLAY

PORTALS WITH

LOCKABLE STORAGE BELOW
26'-5 3/8" V.I.F.
4'-6" 24'-6" 3'-3"

SAFETY ZONE WITH

FIRE EXTINGUISHER,

FIRST AID, ECT
DOUBLE
SINK
E. COLUMN
1 HR RATED WALL
ASSEMBLY @ CORRIDOR
45 MIN RATED WINDOW

ASSEMBLY

BENCH SEATING WITH

STORAGE BELOW
2 A-501
8 A-501
5 A-501
4 3
6 7 A-501

STORAGE CABINET
6'-0"

WET ZONE
10'-4"
MAKERS
SPACE
132
WINDOW
5'-0" V.I.F.

DISPLAY
5'-0" V.I.F.

WINDOW
5'-0" V.I.F.

DISPLAY
5'-0" V.I.F.

ACOUSTIC WALL BY
OTHER. MAINTAIN
STC 62 RATING
ALONG THE WALL.

PROVIDE ACOUSTIC

PUTTY PAD AT

OUTLETS
12'-0"

PROTOTYPING ZONE
15'-8"
A3Z-A
1A3Z-A
1A3Z-A
A3Z
132A

NEW RECESSED
FLOOR BOX. NOTE

EXISTING SLAB IS PT

SLAB, NEED TO

XRAY BEFORE

LOCATING FLOOR
BOXES
G2X
A-652
13 SEATING AREA
8'-2"

PEGBOARD STORAGE
6'-0"3'-0"
10'-0"
10'-0"
9'-3"

MAKER EQUIPMENT,

SEE EQUIPMENT
PLAN
(E) COLUMN TO REMAIN
(N) SURFACE

MTD PANEL
'LP2D', SED.
(N) FE AND DEFIBRILLATOR
1 2
2 2
2 C.9
D
D.8
E
5 6
4'-6" 24'-6" 3'-3"
C2
C2
C2
T1
T1
T1
T1
C1 C1
C1C1
C1 C1
C1C1 C1
C1 C1
C1
C1 C1
C1C1
2 A-501
8 A-501
5 A-501
4 3
6 7 A-501
EQ-1
EQ-2
EQ-3
EQ-4
EQ-5
EQ-6
EQ-7
EQ-8
3D PRINTER WITH

LOCKABLE

MATERIAL STORAGE

AND WASTE BELOW

LASER CUTTER AND

AIR FILTER WITH

LOCKABLE SHEET

STORAGE BELOW

VINYL CUTTER AND

LOCKABLE ROLL

STORAGE BELOW

MONITOR ON CART

WITH CASTERS

LAPTOP & IPAD

STORAGE CART

STORED IN TALL

CABINET
6'-0"
1'-10"
(N) SURFACE

MTD PANEL
'LP2D', SED.
26'-5 3/8"
2 2
2 2
C.9
D
D.8
E
5 6
26'-5 3/8"
4'-6" 24'-6" 3'-3"

REMOVE (E) DOOR TO HALLWAY
(E) COLUMN TO REMAIN7'-3"
1'-3"
1'-7"
REMOVE (E) FURRING. (E)

COLUMN TO REMAIN
(E) FE AND DEFIBRILLATOR TO BE

REMOVED AND RELOCATED TO THE

OPPOSITE SIDE OF THE HALLWAY
1 LEGEND

EXISTING CONSTRUCTION TO BE

DEMOLISHED

EXISTING CONSTRUCTION TO
REMAIN
1/4" = 1'-0"2 FLOOR PLAN - MAKERS SPACE
1/4" = 1'-0"3 FURNITURE AND EQUIPMENT PLAN - MAKERS SPACE

FURNITURE SCHEDULE

MARK CATEGORY QTY MANUFACTURER PRODUCT FINISH LOCATION UPHOLSTERY

UPHOLSTERY

COLOR SIZE VENDOR COMMENTS
C1 ADJUSTABLE

BARSTOOL
16 Andreu World NUEZ - BQ2738 6002 MAKERS SPACE UP-01 0351 MG WEST C2 POUF 3 HBF TRISCAPE UP-01 MAKERS SPACE UP-01 0351 MG WEST T1 BUTCHER BLOCK

WORKSTATION
4 3BRANCH MAKER TABLE TOP: SOLID MAPLE;
BASE: PLATINUM

METALLIC
MAKERS SPACE 60" W x 30" D x
27-42" H

MG WEST ADJUSTABLE HEIGHT MAKER TABLE W/ CASTERS

LICENSED ARCHITECT

STATE OF CALIFORNIA

PAULINE SOUZA
NO. C24532
REN. 8/31/25
5 4

SAN FRAN CI S C O
CALIFORNIA 94107
415. 489.2 224 TEL
415.358.91 00 FAX
WWW W. RNSSTUDIO. OC M
01 SECOND STREET
TH LF ORO STE., 402
5 4

SAN FRAN CI S C O
CALIFORNIA 94107
415. 489.2 224 TEL
415.358.91 00 FAX
WWW W. RNSSTUDIO. OC M
01 SECOND STREET
TH LF ORO STE., 402
SHEET NO:

SHEET TITLE:

DATEISSUES
PROJECT NO.:

DATE:

SCALE:

All drawings and written material appearing herein constitute original and unpublished work of the Architect/Engineer and may not be duplicated, used or disclosed without consent of Architect/Engineer.

If this drawing is not 30"x42", then the drawing has been revised from its original size.

Noted scales must be adjusted. This line should be equal to one inch

KEYPLAN
REVISION LIST# DATE
As indicated
1/30/2026 11:15:47 AM
23035.00

SECOND FLOOR PLAN,

EQUIPMENT PLAN,

FURNITURE PLAN, DEMO
PLAN
A-102
05/19/2025
San Carlos Library
610 ELM ST. SAN CARLOS, CALIFORNIA 94070

MAKERSPACE PERMIT

RESUBMISSION
05/19/2025
1/4" = 1'-0"1 DEMO PLAN - MAKERS SPACE

EQUIPMENT SCHEDULE

MARK CATEGORY QTY MANUFACTURER PRODUCT BY OWNER COMMENTS EQ-1 3D PRINTER 1 ULTA MAKER ULTIMAKER S5 x
EQ-2 3D PRINTER 1 ULTA MAKER ULTIMAKER S3 x
EQ-3 LASER CUTTER 1 GLOFORGE GLOFORGE PRO x
EQ-4 GLOFORGE AIR
FILTER
1 GLOFORGE GLOFORGE AIR FILTER x
EQ-5 VINYL CUTTER 1 TITAN TITAN 3 x 15" CRAFT; TABLE MOUNT EQ-6
Electric Height
Adjustable Flat
Panel Stand
1 Chief POWERED HEIGHT ADJUSTABLE CART x HEIGHT ADJUSTABLE: 50.8" - 76.3" EQ-7 DEVICE CHARGING
CART
1 BRETFORD CUBE CART x 37.5" H X 24" W X 24" D ; GREY COLOR EQ-8 TV 1 SAMSUNG SAMSUNG 65" NEO SMART QLED TV x 57" W X 35 1/16" H X 10 7/8" D 1 PERMIT RESUBMISSION 05/19/2025
2 BID ADDENDUM 02/02/2026

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CUSTOM PERFERATED

PEGBOARD PANEL
(E) FIRE RATED PARTION
5/8" GYP.
1/4"

CUSTOM PERFERATED PEGBOARD
PANEL

PLYWOOD BACKING

PARTITION AS SCHEDULED, SEE
PLANS

RUBBER BASE
FF
WALL TILE, TYP.

THIN-SET MORTAR

PARTITION AS SCHEDULED
4"
FF
5/8" GREENBOARD
(E) WALL ASSEMBLY
5/8" WOOD VENEER Z-

CLIPPED TO (E) FIRE RATED

PARTITION
(E) FIRE RATED PARTION
1/4"
5/8" GYP. Z-CLIPPED TO (E)

FIRE RATED PARTITION
(E) PARTITION
Z-CLIP
FIZFELT ARO PLANK 1 AK
MODULE
TYP.
2 1/4"
Z-CLIP
FIZFELT ARO PLANK 1 AK MODULE
(E) PARTITION
2 1/4"
(E) PARTITION
Z-CLIP
FIZFELT ARO PLANK 1 AK
MODULE

COUNTERTOP AND BACKSPLASH
BLOCKING AS REQ.

PARTITION AS SCHEDULED
Z-CLIP
FIZFELT ARO PLANK 1 AK
MODULE
SCHD. PARTITION
SCHD. RUBBER WALL
BASE
SCHD. FLOOR
4"
FF

SEALANT JOINT
WD-01

PLYWOOD BACKING

PARTITION AS SCHEDULED, SEE
PLANS
SCHD. RUBBER WALL BASE W

PLYWOOD BACKER
FF
5/8" WOOD VENEER
(E) FIRE RATED PARTION
Z-CLIP

CUSTOM PERFERATED

PEGBOARD, W/
ADJUSTABLE SHELVES; WD
VENEER TO MATCH WD-01
1/8" DIA. PEGBOARD HOLES
TYP.
1" TYP.
2"
C.9
D
D.8
E
5 6
4'-6" 24'-6" 3'-3"
26'-5 3/8"

CUSTOM PERFERATED

PEGBOARD, W/ ADJUSTABLE
SHELVES; WD VENEER TO
MATCH WD-01

BENCH SEATING WITH

STORAGE BELOW

WHITEBOARD WITH

STORAGE BELOW
RF-01
RF-03
RF-01RF-03
2 A-901
8 A-901
5 A-901
4 3
6 7 A-501
13'-2"
6'-0"
8'-1"12'-0"
6'-9"
RF-02
2 2
2 2
2 Z-CLIPPED 5/8" WOOD
VENEER
(E) FIRE RATED PARTION
TYP.
1/4"

LICENSED ARCHITECT

STATE OF CALIFORNIA

PAULINE SOUZA
NO. C24532
REN. 8/31/25
5 4

SAN FRAN CI S C O
CALIFORNIA 94107
415. 489.2 224 TEL
415.358.91 00 FAX
WWW W. RNSSTUDIO. OC M
01 SECOND STREET
TH LF ORO STE., 402
5 4

SAN FRAN CI S C O
CALIFORNIA 94107
415. 489.2 224 TEL
415.358.91 00 FAX
WWW W. RNSSTUDIO. OC M
01 SECOND STREET
TH LF ORO STE., 402
SHEET NO:

SHEET TITLE:

DATEISSUES
PROJECT NO.:

DATE:

SCALE:

If this drawing is not 30"x42", then the drawing has been revised from its original size.

Noted scales must be adjusted. This line should be equal to one inch

KEYPLAN
REVISION LIST# DATE
As indicated
1/30/2026 11:12:01 AM
23035.00

FINISH PLAN, FINISH

SCHEDULE & DETAILS
A-901
05/19/2025
San Carlos Library
610 ELM ST. SAN CARLOS, CALIFORNIA 94070

MAKERSPACE PERMIT

RESUBMISSION
05/19/2025
1/4" = 1'-0"18 FINISH PLAN - MAKERS SPACE

SYMBOL MANUFACTURER PRODUCT MODEL FINISH COLOR FINISH SIZE SPEC EPD COMMENTS REV GYP

CEILING
CL-01 5/8" GYP. PTD TO MATCH PT-01
CL-02 ARMSTRONG ACOUSTIC CEILING TILE OPTIMA PB WHITE 12" X 60" NRC RATING OF .88 CL-03 BOK MODERN CEILING PANEL SYSTEM B47 PATTERN PTD TO MATCH PT-02 PAINT
PT-01 BENJAMIN MOORE PAINT CC-10- SUPER WHITE
PT-02 BENJAMIN MOORE PAINT 812 - BLUEBERRY HILL

RESILIENT FLOORING
RF-01 JOHNSONITE RUBBER FLOOR VN5 - THE BLUES
RF-02 JOHNSONITE RUBBER FLOOR 84 - BLUE JEANS
RF-03 JOHNSONITE RUBBER FLOOR 58 - WINDSOR BLUE

SOLID SURFACE
SS-01 CAESARSTONE QUARTZ COUNTER 4600 - ORGANIC WHITE 3/4" THICK

SPECIALTY MATERIAL
SM-01 CLARUS HIGH-GLOSS GLASS

WHITEBOARD
WALL 2 WALL CBC -100 PURE WHITE
SM-02 FIZFELT ACOUSTIC FELT BAFFLE

PRODUCT
ARO PLANK 1.3 INDIGO A-B-A-B-B-B

BAFFLE LAYOUT
NRC RATING OF 1 WHEN

MOUNTED WITH FIZFELT

INTERLOCKING MOUNTING
SYSTEM
SM-03 FIZFELT FLAT WOOL PRODUCT AKUSTIKA 10 INDIGO NRC RATING OF .75 WHEN BACKED WITH 1/2" ACOUSTIC

SUBSTRATE AND Z CLIP
SYSTEM

UPHOLSTERY
UP-01 KVADRAT UPLHOLSTERY ATRIUM OUTDOOR 0351

WALL TILE
WT-01 HEATH CERAMIC WALL TILE DUAL GLAZE DG6 - BLUE BLEND 4" TRIANGLE WOOD
WD-01 COLUMBIA ALDER PLYWOOD VENEER PLAIN SLICED VENEER CORE RED ALDER 3" = 1'-0"7 WD-01 PEGBOARD BASE
3" = 1'-0"9 WD-01 PEGBOARD TO GYP
3" = 1'-0"4 WT-01 TYP. SECTION
3" = 1'-0"5 WD-01 TO GYP TRANSITION
6" = 1'-0"12 SM-02 TYP. PLAN
3" = 1'-0"8 SM-02 TYP. SECTION
6" = 1'-0"20 SM-02 @ COUNTER
3" = 1'-0"16 SM-02 TYP. PLAN - INSIDE CORNER
3" = 1'-0"3 TYP. RUBBER BASE @ GYP
3" = 1'-0"2 WD-01 BASE
3" = 1'-0"1 WD-01 TYP. SECTION
3" = 1'-0"11 WD-01 PEGBOARD PATTERN
3" = 1'-0"10 WD-01 TO PEGBOARD CORNER
3" = 1'-0"6 WD-01 TYP. JT
2 BID ADDENDUM 02/02/2026
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1 April 6, 2026

VIA EMAIL:

Victor Arkhipov
Universal 1 Construction, Inc. dba Argos Construction
[email protected]

Alan Sau
Foundry Construction, Inc.
[email protected]

Rodrigo Reyes
North Bay Design and Build, Inc.
[email protected]

Gino Guidi
Zone 4 Construction, Inc.
[email protected]

RE: San Carlos Library Makerspace Project – City’s Determinations on Bid Protests

As noted in my letter of March 6, 2026, the City of San Carlos received three timely bid protests regarding the bids received for the San Carlos Library Makerspace Project (the “Project”). The protests were submitted by Zone 4 Construction, Inc. (“Zone 4” ), North Bay Design and Build, Inc. (“North Bay”) and Foundry Construction, Inc. (“Foundry”).

Universal 1 Construction, Inc. dba Argos Construction (“Argos”) was the apparent low bidder at the time the bids were opened. The second, third, and fourth apparently lowest bids were submitted by Zone 4, Foundry, and North Bay.

The City asked that Argos, Zone 4, Foundry, and North Bay each submit a response to the bid protests no later than Friday, March 13, 2026. The City received responses from Argos and North Bay prior to that deadline. Those responses are attached here as Attachments 1 and 2. As noted in my March 6, 2026 letter, the City also received a prior response from Foundry, which addressed the challenges to its bid. That response is attached here as Attachment 3. Zone 4 did not provide a response.

The City asked that Argos respond to the assertions made in the bid protests submitted by Zone 4 and North Bay that it was not able to self -perform the Project’s required Fire

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2 Protection work and failed to list a subcontractor for that work on the Designation of Subcontractors list provided with its bid. In its response, Argos indicated that it intended to subcontract the Fire Protection work and that it possessed “multiple bids from different contractors” but that it had not listed its selected subcontractor on the Designation of Subcontractors list because the Fire Protection work was “a deferred submittal and . . . it was assumed that the subcontractor will be selected and approved upon receiving a detailed scope of work under the deferred submittal…”

The Fire Protection work was designated as a deferred submittal in the Contract Documents with the intention that the contractor or subcontractor performing that work would submit the complete design for permits subsequent to project permit application.

However, the subcontractor that would perform this work needed to be identified and listed on the Designation of Subcontractors list that accompanied the bids if they were to perform more than 0.5% of the total Project work. Argos’ bid indicates that the Fire Protection work is valued at $15,000, or approximately 2.5% of the total bid price. As such, Argos should have selected and listed a subcontractor for this work on its bid.

It appears that Argos’ failure to list a subcontractor for Fire Protection work was due to a genuine and good faith misunderstanding of the bidding requirements. However, the Public Contract Code is clear that failing to list subcontractors as required on a bid renders a bid nonresponsive, as only clerical errors may be corrected after the bids are opened (see e.g., PCC §§ 4104, 4107.5). As such, City staff will recommend at the time of the award of the Project contract, that the City Council find Argos’ bid to be nonresponsive.

The City asked Zone 4 and Foundry to respond to the assertions from North Bay’s protest that their bids each indicated that they would self -perform work equaling less than 30% of their total bids. Zone 4 provided no response. Foundry responded (Attachment 3) by indicating that it calculated the work it proposed to self-perform as valued at $292,846, or approximately 37% of its total bid. Foundry subsequently provided additional details regarding its calculation to the City.

The requirement that each bidder propose to self-perform at least 30% of the Project work was included on the Designation of Subcontractors document and reads as follows:

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

North Bay’s response (Attachment 2) asserts that it interpreted this requirement to mean that each bidder must have proposed to perform “specialty contractor work” valued at no less than 30% of the original total bid, and that “project management and coordination, and project administration shall not be included” when calculating the total value of the work to be self -performed. However, the bid documents did not make this distinction between specialty contractor work and other portions of the work for purposes calculating how much of the work will be self -performed. Additionally, the General Provisions, at Section 1.02, broadly define what is considered “Work” as:

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3 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.

City staff has determined that the intent of the 30% self-perform requirement was intended only to limit the value of subcontracted work to 70% of total bid price, which is why the bid documents do not indicate that the bidder is required to self -perform a ny specific portions of the work. Thus, City staff finds that Foundry’s bid indicates that it will meet the requirement that it self -perform work valued at no less than 30% of the original total bid price.

Because Zone 4 did not provide a response detailing its calculation of the work to be self- performed, City staff independently reviewed Zone 4’s submission to determine whether it appeared that its bid demonstrated that it would meet the 30% self-perform requirement.

However, there was insufficient information to allow the City to confirm that Zone 4 had met the requirement. Thus, City staff will also recommend that Zone 4’s bid be found non-responsive.

North Bay also contended in its protest that Argos, Zone 4, and Foundry each failed to affix corporate seals to their submitted Bidder’s Bond documents. Foundry’s Bidder’s Bond included the seal of the surety bound by the Bidder’s Bond, but not Foundry’s corporate seal. Foundry indicated in its response that it had not adopted a corporate seal and that the lack of a corporate seal does not undermine the validity or enforceability of a legal instrument otherwise executed by a corporation. Foundry, therefore, asserted that it “Bidder’s Bond is valid, enforceable and fully compliant with applicable law.” The City agrees with this assertion.

Although the lack of a corporate seal would seem to be inconsistent with the language of the Bidder’s Bond itself, the Bidder’s Bond is an enforceable document, which the City could call on in the event that Foundry fails to execute a contract consistent w ith its bid.

Thus, the lack of a corporate seal created no advantage for Foundry over the other bidders. Irregularities in the bid documents, such as this, can be waived by the City or corrected by the bidder unless doing so would create an unfair advant age for the bidder (see Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal. App. 4th 1432, 1442).

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In summary, City staff will recommend that the City Council find the bids submitted by Argos and Zone 4 to be non-responsive and award the Project contract to Foundry as the lowest responsive bidder. Staff will present this item to the City Council for its review and award at its regular meeting of April 13, 2026 at 7:00 P.M.

Thank you,
Zip _/Gregory J. Rubens, City Attorney

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Attachment 1

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UNIVERSAL 1 CONSTRUCTION INC. DBA ARGOS CONSTRUCTION
191 Beacon St, South San Francisco, CA, 94080 | Contact: 415.926.1299 [email protected]
March 9, 2026

Attn: City Clerk City of San Carlos 600 Elm Street San Carlos, CA 94070 RE: San Carlos Library Maketplace Project Response to Bid Protest Dear Contract Administrators,

Universal 1 Construction Inc, dba Argos Construction (hereinafter called “Argos”) is in receipt of Zone 4 bid protest letter dated March 2nd, 2026 requesting the determination of Argos’ bid to be non-responsive, because “Argos may not self-perform the Project’s required Fire Protection work because it does not hold a C-16 Fire Protection Contractor License and failed to list a subcontractor for that work on the Designation of Subcontractors list provided with its bid, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code 4100 et seq.)..”

Universal 1 Construction Inc, dba Argos Construction (hereinafter called “Argos”) is in receipt of North Bay Design and Build, Inc. (hereinafter called “North Bay”) bid protest letter dated March 5, 2026, requesting the determination of Argos’ bid to be non-responsive and not responsible, therefore disqualifying Argos to receive the above referenced project contract award.

North Bay’s assertion that “Argos may not self-perform the Project’s required Fire Protection work because it does not hold a C-16 Fire Protection Contractor License and failed to list a subcontractor for that work on the Designation of Subcontractors list provided with its bid, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code 4100 et seq.).”, is incorrect and unsupported by California Law.

on work as indicated by the amount
ple bids from
diﬀerent contractors which we will choose to with whom we will work at any moment .

However, because of this being a deferred submial and the plans not being part of this bid package, it was assumed that the subcontractor will be selected and approved upon receiving the detailed scope of work under the deferred submial, at which point subcontractor will be able to ﬁnalize the price and the subcontractor’s name with the C-16 license will be provided. As per Public Contract Code 4107 “A prime tute a person as subcontractor in place of the subcontractor listed in the original bid.” Because of this provision, at this point, subcontractor cannot be shown because we did not know how much to pay them. CA Law for bidding states that if you don’t coordinate price with subcontractor, it can’t be changed.
on of the work or improvement
ons”, deferred submial is not shown in
ons.Please check the plan page G-001
on’s bid is both responsive and responsible and fully complies with ons and applicable California law.

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Sincerely,

Viktor Arkhipov
President
Universal 1 Construction Inc. dba Argos Construction
191 Beacon Street, South San Francisco, CA, 94080
415.926.1299
[email protected]
CC:

City Clerk (City of San Carlos)

Chis Valley (City of San Carlos) [email protected] Rachel McDonnell (San Mateo County Libraries) [email protected] Danae Ramirez (San Mateo County Libraries) [email protected]

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Attachment 2

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North Bay Design and Build, Inc.

General Engineering, Building, Electrical and HVAC Contractor License No. 1129470 DIR No. 2000012895 29620 Union City Blvd, Union City, CA 94587 * Tel. No. (510) 935-8155 * Email: [email protected]

March 12, 2026

VIA EMAIL:

Gregory J Rubens, City Attorney
City of San Carlos
[email protected]

Gregory J. Rubens
City Attorney
City of San Carlos
600 Elm Street
San Carlos, CA 94070

Project: San Carlos Library Makerspace Project
610 Elm Street, San Carlos, CA 9407

Re: Response Letter - Bid Protesr

Dear Mr. Gregory J. Rubens,

In response to your letter dated March 6, 2026 and Foundry Construction, Inc. letter dated March 5, 2026,

1) Designation of Subcontractors Statements, Agreement, Page A-10::
“The Contractor shall perform work equaling at least 30 percent of the value of the original total bid…”
Our interpretation with this statement is about specialty contractor work. The project management and coordination, and project administration shall not be included on the 30 percent required for self-perform work of General Contractor. The statement is not on the project specifications general and special provisions. It is specifically for the specialty trade work. On the Subcontracting Act, PCC Sections 4100, the statement is specific too that subcontractors who will perform 0.5 percent of the total bid shall be listed on the Designation of Subcontractors.

2) Plumbing C-36 License:

General Building Contractor with B license can self-perform two or more unrelated trade work, such as electrical, HV AC, plumbing and other specialty trade work. North Bay Design and Build, Inc. has “B” license and not required to have a Plumbing C-36 license

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to perform plumbing work in accordance with the Business and Professions Code (BPC) Section 7057 (Please see attached).

3) HV AC Controls:

North Bay Design and Build, Inc. (North Bay) will self-perform the HV AC controls work and not required to be subcontracted to Comfort International Inc. in accordance with the project plans and specifications, and Addendum 1, Items #13 & #34. All manufacturers of HV AC systems and controls provide technical assistance and continuous training classes for HV AC Contractors and Technicians. The maximum training with KMC Controls for this small HV AC controls is 2 hours. HV AC controls is a combination of HV AC C-20 and Electrical C-10, high and low voltage systems specialty trade. North Bay is a licensed HV AC C-20 and Electrical C-10 Contractor.

On Addendum 1, Item 25, Furniture, “SMCL will coordinate selection, procurement, and installation of furniture”. Our interpretation, the Contractor will provide and install the furniture. “Will coordinate” is not the same meaning of “will provide”. If SMCL will provide and install the furniture, please deduct $30,158.00 from our $809,000.00 total bid price ($809,000.00 - $30,158.00 = $778,842.00). Our final total bid price will be $778,842.00 which is lower than Foundry Construction, Inc. total bid price of $789,288.00.

Sincerely,

Rodrigo Reyes
President
North Bay Design and Build, Inc.
29620 Union City Blvd.

Union City, CA 94587
Tel No: (510) 935-8155
[email protected]

Attachments :

BPC Section 7057
Addendum 1 – SC Library Makerspace Project

CC:

Crystal Mui ([email protected])
Kai Ruess ([email protected])
Alan Sau ([email protected])
Victor Arkhipov ([email protected])
Gino Guidi ([email protected])

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Fast Facts

The purpose of this Fast Facts sheet is to provide basic information regarding the permissible scope of work for contractors holding a B General Building contractor license.

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SAN CARLOS LIBRARY MAKERSPACE PROJECT
ADDENDUM NO. 1

DATE: February 5, 2026

TO: All Plan holders

ADDENDUM ACKNOWLEDGMENT

Bidder acknowledges receipt of this addendum, which shall be attached to the Proposal.

________________________________________________

NAME OF COMPANY

_______________________________________ ________________

SIGNATURE DATE

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Questions at
mandatory site
walk

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Provide airflow reading of VAV box. Airflow readings also to be taken of all equipment listed in note E on M101.

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Attachment 3

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66 FRANKLIN STREET, SUITE 300 OAKLAND, CA 94607
P: (510) 703-1256

Foundry Construction
66 Franklin Street
Suite 300
Oakland, CA 94607

March 5, 2026

Attn: City Clerk
City of San Carlos
600 Elm Street
San Carlos, CA 94070

RE: San Carlos Library Makerspace Project
Response to Bid Protest

Dear Contract Administrators,

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Sincerely,

President
Foundry Construction, Inc.
66 Franklin Street,
Suite 300
Oakland, CA 94607
510.703.1256
[email protected]

Attachments:

CC:

Argos Construction, Inc.

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State of California

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Pg. 147

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Pg. 148

Business Information

NORTH BAY DESIGN AND BUILD INC
2163 ALDENGATE WAY #94
HAYWARD, CA 94545
EntityCorporation
Issue Date11/21/2024
Expire Date 11/30/2026
License Status
This license is current and active.

All information below should be reviewed.

Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with WESTERN SURETY COMPANY.

E�ective Date: 11/21/2024

This license filed Bond of Qualifying Individual number 100999544 for RAQUELYN RIVERA REYES in the amount of $25,000 with AMERICAN CONTRACTORS INDEMNITY COMPANY.

E�ective Date: 11/21/2024


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Page 1 of 2 ends

February 11, 2026

Attn: Bidding Contractor

Reference: San Carlos Library- Makerspace Project – Controls

Dear Bidding Contractor,

Scope of Work:

Proposed amount for the above Scope of Work is…………………………………………………….$25,500.00

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Page 2 of 2 ends

Exclusions/Clarifications:

Thank you for the opportunity to provide this proposal for the above reference project. We look forward to working with you and your company.

Please feel free to contact us if you have any questions or if we can be of further assistance. This proposal shall expire 30 days from the issuance date.

Regards,

Sonny Kwok
Sonny Kwok
Senior Project Manager
Comfort International, Inc.

Payment terms: Progressive billings

If this proposal is acceptable, please sign and return one copy to the address above.

Proposal
Accepted By: Approved By:

Sonny Kwok, Senior Project Manager
Title:

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6 0 0 E L M S T R E E T
S A N C A R L O S , C A 9 4 0 7 0
( 6 5 0 ) 8 0 2 - 4 2 1 9
C I T Y O F S A N C A R L O S . O R G

C I T Y O F S A N C A R L O S

C I T Y C L E R K

A D D E N D U M A C K N O W L E D G M E N T
B i d d e r a c k n o w l e d g e s r e c e i p t o f t h i s a d d e n d u m , w h i c h s h a l l b e a t t a c h e d t o t h e P r o p o s a l .

N o r t h B a y D e s i g n a n d B u i l d . I n c .

N A M E O F C O M P A N Y
F e b . 2 6 . 2 0 2 6
S I G N A T U R E R o d r i g o R e y e s D A T E
Signature

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SAN CARLOS LIBRARY MAKERSPACE PROJECT
ADDENDUM NO. 1

DATE: February 5, 2026

TO: All Plan holders

ADDENDUM ACKNOWLEDGMENT

Bidder acknowledges receipt of this addendum, which shall be attached to the Proposal.

________________________________________________

NAME OF COMPANY

_______________________________________ ________________

SIGNATURE DATE

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Questions at
mandatory site
walk

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Provide airflow reading of VAV box. Airflow readings also to be taken of all equipment listed in note E on M101.

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Matrix HG
MFS Construction

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UP
C.9
D
D.8
E
5 6

INFORMAL

COLLABORATION ZONE
20 MIN RATED PTD DOOR

WITH VISION LITE
7'-0 1/2"

WHITEBOARD WITH

STORAGE BELOW

BENCH SEATING

WITH STORAGE
BELOW

CLOSED LOCKABLE

STORAGE WITH

WRITABLE SURFACE
DOORS

ADJUSTABLE SHELVES / DISPLAY

PORTALS WITH

LOCKABLE STORAGE BELOW
26'-5 3/8" V.I.F.
4'-6" 24'-6" 3'-3"

SAFETY ZONE WITH

FIRE EXTINGUISHER,

FIRST AID, ECT
DOUBLE
SINK
E. COLUMN
1 HR RATED WALL
ASSEMBLY @ CORRIDOR
45 MIN RATED WINDOW

ASSEMBLY

BENCH SEATING WITH

STORAGE BELOW
2 A-501
8 A-501
5 A-501
4 3
6 7 A-501

STORAGE CABINET
6'-0"

WET ZONE
10'-4"
MAKERS
SPACE
132
WINDOW
5'-0" V.I.F.

DISPLAY
5'-0" V.I.F.

WINDOW
5'-0" V.I.F.

DISPLAY
5'-0" V.I.F.

ACOUSTIC WALL BY
OTHER. MAINTAIN
STC 62 RATING
ALONG THE WALL.

PROVIDE ACOUSTIC

PUTTY PAD AT

OUTLETS
12'-0"

PROTOTYPING ZONE
15'-8"
A3Z-A
1A3Z-A
1A3Z-A
A3Z
132A

NEW RECESSED
FLOOR BOX. NOTE

EXISTING SLAB IS PT

SLAB, NEED TO

XRAY BEFORE

LOCATING FLOOR
BOXES
G2X
A-652
13 SEATING AREA
8'-2"

PEGBOARD STORAGE
6'-0"3'-0"
10'-0"
10'-0"
9'-3"

MAKER EQUIPMENT,

SEE EQUIPMENT
PLAN
(E) COLUMN TO REMAIN
(N) SURFACE

LOCKABLE

MATERIAL STORAGE

AND WASTE BELOW

LASER CUTTER AND

AIR FILTER WITH

LOCKABLE SHEET

STORAGE BELOW

VINYL CUTTER AND

LOCKABLE ROLL

STORAGE BELOW

MONITOR ON CART

WITH CASTERS

LAPTOP & IPAD

STORAGE CART

STORED IN TALL

CABINET
6'-0"
1'-10"
(N) SURFACE

MTD PANEL
'LP2D', SED.
26'-5 3/8"
2 2
2 2
C.9
D
D.8
E
5 6
26'-5 3/8"
4'-6" 24'-6" 3'-3"

REMOVE (E) DOOR TO HALLWAY
(E) COLUMN TO REMAIN7'-3"
1'-3"
1'-7"
REMOVE (E) FURRING. (E)

COLUMN TO REMAIN
(E) FE AND DEFIBRILLATOR TO BE

REMOVED AND RELOCATED TO THE

OPPOSITE SIDE OF THE HALLWAY
1 LEGEND

EXISTING CONSTRUCTION TO BE

DEMOLISHED

EXISTING CONSTRUCTION TO
REMAIN
1/4" = 1'-0"2 FLOOR PLAN - MAKERS SPACE
1/4" = 1'-0"3 FURNITURE AND EQUIPMENT PLAN - MAKERS SPACE

FURNITURE SCHEDULE

MARK CATEGORY QTY MANUFACTURER PRODUCT FINISH LOCATION UPHOLSTERY

UPHOLSTERY

COLOR SIZE VENDOR COMMENTS
C1 ADJUSTABLE

BARSTOOL
16 Andreu World NUEZ - BQ2738 6002 MAKERS SPACE UP-01 0351 MG WEST C2 POUF 3 HBF TRISCAPE UP-01 MAKERS SPACE UP-01 0351 MG WEST T1 BUTCHER BLOCK

WORKSTATION
4 3BRANCH MAKER TABLE TOP: SOLID MAPLE;
BASE: PLATINUM

METALLIC
MAKERS SPACE 60" W x 30" D x
27-42" H

MG WEST ADJUSTABLE HEIGHT MAKER TABLE W/ CASTERS

LICENSED ARCHITECT

STATE OF CALIFORNIA

PAULINE SOUZA
NO. C24532
REN. 8/31/25
5 4

SAN FRAN CI S C O
CALIFORNIA 94107
415. 489.2 224 TEL
415.358.91 00 FAX
WWW W. RNSSTUDIO. OC M
01 SECOND STREET
TH LF ORO STE., 402
5 4

SAN FRAN CI S C O
CALIFORNIA 94107
415. 489.2 224 TEL
415.358.91 00 FAX
WWW W. RNSSTUDIO. OC M
01 SECOND STREET
TH LF ORO STE., 402
SHEET NO:

SHEET TITLE:

DATEISSUES
PROJECT NO.:

DATE:

SCALE:

If this drawing is not 30"x42", then the drawing has been revised from its original size.

Noted scales must be adjusted. This line should be equal to one inch

KEYPLAN
REVISION LIST# DATE
As indicated
1/30/2026 11:15:47 AM
23035.00

SECOND FLOOR PLAN,

EQUIPMENT PLAN,

FURNITURE PLAN, DEMO
PLAN
A-102
05/19/2025
San Carlos Library
610 ELM ST. SAN CARLOS, CALIFORNIA 94070

MAKERSPACE PERMIT

RESUBMISSION
05/19/2025
1/4" = 1'-0"1 DEMO PLAN - MAKERS SPACE

EQUIPMENT SCHEDULE

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CUSTOM PERFERATED

PEGBOARD PANEL
(E) FIRE RATED PARTION
5/8" GYP.
1/4"

CUSTOM PERFERATED PEGBOARD
PANEL

PLYWOOD BACKING

PARTITION AS SCHEDULED, SEE
PLANS

RUBBER BASE
FF
WALL TILE, TYP.

THIN-SET MORTAR

PARTITION AS SCHEDULED
4"
FF
5/8" GREENBOARD
(E) WALL ASSEMBLY
5/8" WOOD VENEER Z-

CLIPPED TO (E) FIRE RATED

PARTITION
(E) FIRE RATED PARTION
1/4"
5/8" GYP. Z-CLIPPED TO (E)

FIRE RATED PARTITION
(E) PARTITION
Z-CLIP
FIZFELT ARO PLANK 1 AK
MODULE
TYP.
2 1/4"
Z-CLIP
FIZFELT ARO PLANK 1 AK MODULE
(E) PARTITION
2 1/4"
(E) PARTITION
Z-CLIP
FIZFELT ARO PLANK 1 AK
MODULE

COUNTERTOP AND BACKSPLASH
BLOCKING AS REQ.

PARTITION AS SCHEDULED
Z-CLIP
FIZFELT ARO PLANK 1 AK
MODULE
SCHD. PARTITION
SCHD. RUBBER WALL
BASE
SCHD. FLOOR
4"
FF

SEALANT JOINT
WD-01

PLYWOOD BACKING

PARTITION AS SCHEDULED, SEE
PLANS
SCHD. RUBBER WALL BASE W

PLYWOOD BACKER
FF
5/8" WOOD VENEER
(E) FIRE RATED PARTION
Z-CLIP

CUSTOM PERFERATED

PEGBOARD, W/
ADJUSTABLE SHELVES; WD
VENEER TO MATCH WD-01
1/8" DIA. PEGBOARD HOLES
TYP.
1" TYP.
2"
C.9
D
D.8
E
5 6
4'-6" 24'-6" 3'-3"
26'-5 3/8"

CUSTOM PERFERATED

PEGBOARD, W/ ADJUSTABLE
SHELVES; WD VENEER TO
MATCH WD-01

BENCH SEATING WITH

STORAGE BELOW

WHITEBOARD WITH

STORAGE BELOW
RF-01
RF-03
RF-01RF-03
2 A-901
8 A-901
5 A-901
4 3
6 7 A-501
13'-2"
6'-0"
8'-1"12'-0"
6'-9"
RF-02
2 2
2 2
2 Z-CLIPPED 5/8" WOOD
VENEER
(E) FIRE RATED PARTION
TYP.
1/4"

LICENSED ARCHITECT

STATE OF CALIFORNIA

PAULINE SOUZA
NO. C24532
REN. 8/31/25
5 4

SAN FRAN CI S C O
CALIFORNIA 94107
415. 489.2 224 TEL
415.358.91 00 FAX
WWW W. RNSSTUDIO. OC M
01 SECOND STREET
TH LF ORO STE., 402
5 4

SAN FRAN CI S C O
CALIFORNIA 94107
415. 489.2 224 TEL
415.358.91 00 FAX
WWW W. RNSSTUDIO. OC M
01 SECOND STREET
TH LF ORO STE., 402
SHEET NO:

SHEET TITLE:

DATEISSUES
PROJECT NO.:

DATE:

SCALE:

If this drawing is not 30"x42", then the drawing has been revised from its original size.

Noted scales must be adjusted. This line should be equal to one inch

KEYPLAN
REVISION LIST# DATE
As indicated
1/30/2026 11:12:01 AM
23035.00

FINISH PLAN, FINISH

SCHEDULE & DETAILS
A-901
05/19/2025
San Carlos Library
610 ELM ST. SAN CARLOS, CALIFORNIA 94070

MAKERSPACE PERMIT

RESUBMISSION
05/19/2025
1/4" = 1'-0"18 FINISH PLAN - MAKERS SPACE

SYMBOL MANUFACTURER PRODUCT MODEL FINISH COLOR FINISH SIZE SPEC EPD COMMENTS REV GYP

RESILIENT FLOORING
RF-01 JOHNSONITE RUBBER FLOOR VN5 - THE BLUES
RF-02 JOHNSONITE RUBBER FLOOR 84 - BLUE JEANS
RF-03 JOHNSONITE RUBBER FLOOR 58 - WINDSOR BLUE

SOLID SURFACE
SS-01 CAESARSTONE QUARTZ COUNTER 4600 - ORGANIC WHITE 3/4" THICK

SPECIALTY MATERIAL
SM-01 CLARUS HIGH-GLOSS GLASS

WHITEBOARD
WALL 2 WALL CBC -100 PURE WHITE
SM-02 FIZFELT ACOUSTIC FELT BAFFLE

PRODUCT
ARO PLANK 1.3 INDIGO A-B-A-B-B-B

BAFFLE LAYOUT
NRC RATING OF 1 WHEN

MOUNTED WITH FIZFELT

INTERLOCKING MOUNTING
SYSTEM
SM-03 FIZFELT FLAT WOOL PRODUCT AKUSTIKA 10 INDIGO NRC RATING OF .75 WHEN BACKED WITH 1/2" ACOUSTIC

SUBSTRATE AND Z CLIP
SYSTEM

UPHOLSTERY
UP-01 KVADRAT UPLHOLSTERY ATRIUM OUTDOOR 0351

Packet Pg. 159

CITY COUNCIL

STAFF REPORT
MEETING DATE: April 13, 2026
ITEM TITLE: Adopt a Resolution Approving the Specifications for the 2026 Sewer Lateral Replacement Project (C1737) and Authorizing a Call for Bids.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution approving the specifications for the 2026 Sewer Lateral Replacement Project (C1737) (“Project”) and authorizing a call for bids.

FISCAL IMPLICATIONS:

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

Funding for the Project comes from C1737, which has an available budget of approximately $282,500 in fiscal year (FY) 2025-26. The engineer’s estimate, including 10% contingency, is $282,500.

If bids received are greater than the funds available, staff will request additional appropriation of funds at the time of awarding the contract.

BACKGROUND:

The typical sanitary sewer lateral is divided into two parts: the upper lateral, which extends from the structure on private property to the City’s right-of-way line, and the lower lateral, which extends from the City’s right-of-way line to the sewer main in the street. The private property owner is responsible for the upper lateral. When a clean-out exists or is installed at the time the lower lateral is replaced, the City accepts future maintenance responsibility for the lower lateral.

This maintenance includes as-needed cleaning to resolve blockages, such as root intrusion, as well as repair or replacement when the integrity of the pipe is compromised and there have been repeated service calls. When issues with a lateral are reported, staff investigate by scoping the existing lateral to further evaluate the condition. Minor repairs may be completed immediately; however, if more significant defects are identified, the lower lateral is scheduled for replacement.

Aging laterals are prone to root intrusion, structural deficiencies, and grease build-up, and can contribute to sewer backups, blockages, and rainwater infiltration into the sanitary sewer system.

In August 2013, the Sewer Lateral Replacement Program (“Program”) was established to reduce sanitary sewer overflows (“SSOs”) caused by defective laterals and to reduce recurring

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maintenance costs. To date, the Program has replaced over 426 lower laterals, helping to reduce the number of SSOs. Sewer lateral replacement projects are conducted annually.

SSOs can occur for various reasons, with the two primary causes being pipe offsets and flow blockages. Pipe offsets occur when pipes are no longer properly aligned and sealed. Flow blockages most often occur when foreign materials, such as grease, tree roots, or debris, enter the lateral.

When residents or property owners report issues with their sanitary sewer lower lateral, staff typically first attempt to hydro-flush and clean the lateral. If successful, staff will continue routine maintenance until the lateral can be addressed through a future citywide rehabilitation project.

However, if the lateral cannot be effectively maintained, it will be replaced as part of the 2026 Sewer Lateral Replacement Project.

ANALYSIS:

The final bid set construction documents were prepared and signed by the City Engineer on March 27, 2026. The bid opening date is tentatively scheduled for May 7, 2026 at 10:00 a.m. The award of the Project is tentatively scheduled for the June 8, 2026 City Council meeting.

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

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution approving the specifications for the 2026 Sewer Lateral Replacement Project (C1737) and Authorizing a Call for Bids; 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:
____________________________
Nil Blackburn, Interim City Manager
ATTACHMENT(S):

1. Resolution

2. 2026 Sewer Lateral Replacement Project (C1737) Specifications

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING THE SPECIFICATIONS FOR THE 2026 SEWER LATERAL REPLACEMENT PROJECT (C1737) AND AUTHORIZING A CALL FOR BIDS.

WHEREAS, aging sanitary sewer laterals throughout the city are subject to root intrusion, structural deficiencies, and blockages, which can contribute to sanitary sewer overflows and require ongoing maintenance; and

WHEREAS, the 2026 Sewer Lateral Replacement Project (C1737) (“Project”) will replace deficient lower sewer laterals that cannot be effectively maintained, in order to improve system reliability and reduce the occurrence of sanitary sewer overflows; and

WHEREAS, the Project is part of the City’s ongoing Sewer Lateral Replacement Program established to proactively address failing infrastructure and reduce long-term maintenance costs; and

WHEREAS, the final bid set construction documents were prepared and signed by the City Engineer on March 27, 2026; and

WHEREAS, the bid opening date is tentatively scheduled for May 7, 2026 at 10:00 a.m., and award of the Project is tentatively scheduled for the June 8, 2026 City Council meeting; and

WHEREAS, staff recommend approving the specifications and authorizing a call for bids for the Project.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves the specifications for the 2026 Sewer Lateral Replacement Project (C1737) and authorizes a call for bids.
* * * * *
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 13th day of April 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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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

Public Works Department
600 Elm Street
San Carlos, CA 94070

Contract Documents
For the

2026 Sewer Lateral Replacement Project

CITY PROJECT NO: C1737

BID DUE AND OPENING: May 7, 2026 at 10:00 a.m.

BID SET

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2026 Sewer Lateral Replacement Project

City Project No. C1737

ESIGN CERTIFICATION

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

Prepared by:

___________________________________________________________ ALEX TAT, P.E., PRINCIPAL ENGINEER Date
Public Works Department
City of San Carlos
600 Elm Street, San Carlos, CA 94070
(650) 802-4193

Approved for Construction:

___________________________________________________________ GRACE LE, P.E., CITY ENGINEER Date
Public Works Department
City of San Carlos
600 Elm Street, San Carlos, CA 94070
(650) 802-4201
3/27/2026

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TABLE OF CONTENTS

A. INTRODUCTORY PAGES
Title Page No.

Cover Page i
Design Certification
Table of Contents
iii
v
Notice Inviting Sealed Proposals viii
Instructions to Bidders x
Schedule of Required Bid Documents and Agreement Fo rms xii

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
Public Project Agreement A-2
Exhibit A – Contractor’s Bid Proposal A-12
Exhibit B – Insurance Coverage Form A-13
Resolution of Construction Claims A-14
Agreement Forms
Payment Bond A-16
Performance Bond A-18
Workers Compensation Certification A-20
Certification of Safety Requirements for Contractors and Vendors A-21 Drug-Free Workplace Certification A-22
Escrow Agreement for Security Deposits in Lieu of Retention (Optional) A-23 Guarantee A-25

D. GENERAL PROVISIONS

Section 1 Terms and Definitions GP-1
Section 2 Proposal Requirements and Conditions GP-6
Section 3 Review of Bids, Contract Award and Execut ion GP-9 Section 4 Scope and Control of the Work GP-14
Section 5 Changes of Work GP-21
Section 6 Control of Materials GP-25
Section 7 Utilities GP-28
Section 8 Prosecution and Progress GP-31
Section 9 Responsibilities of the Contractor GP-40
Section 10 Measurement and Payment GP-56
Section 11 Guarantee GP-63

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vi
E. SPECIAL PROVISIONS

Section 1 Description of Work SP-1
Section 2 Location SP-1
Section 3 Qualification of Bidders SP-1
Section 4 Days and Hours of Operation SP-1
Section 5 Control of Work SP -5
Section 6 Licenses and Permits SP -5
Section 7 Safety and Health Regulations SP -6
Section 8 Safety of Persons and Property SP -6
Section 9 Staging / Construction Area SP -7
Section 10 Contractor’s Plant and Equipment SP -7
Section 11 Traffic Control SP -7
Section 12 Stormwater Pollution Prevention SP -10
Section 13 Water SP -11
Section 14 Power SP -11
Section 15 Dust Control SP -11
Section 16 Cleanup SP -11
Section 17 Clearing and Grubbing SP -12
Section 18 Protection and Restoration of Existing Improvements SP -12 Section 19 Existing Utilities SP -13
Section 20 Utility Coordination SP -14
Section 21 Obstructions SP -14
Section 22 Maintenance of Sewer Service SP -15
Section 23 Resealing of Manholes SP -15
Section 24 Protection of Public Safety SP -15
Section 25 Surcharging of Manholes SP -15
Section 26 Contractor -Related Blockage SP -15
Section 27 Notification of Residents and Merchants SP -16 Section 28 Owner / Contractor Meetings SP -16
Section 29 Record Drawings / Corrected Sewer Maps SP -17 Section 30 Construction Schedule SP -17
Section 31 Daily Work Reports SP -17
Section 32 Submittals SP -17

F. BID ITEM DESCRIPTIONS

G. TECHNICAL PROVISIONS

Section 1 Demolition of Pipelines and Structures TP -1
Section 2 Dewatering TP-6
Section 3 Bypassing Wastewater TP-9
Section 4 Earthwork TP-11
Section 5 Controlled Low Strength Material TP-23
Section 6 Pipebursting TP-28
Section 7 Shoring TP-34
Section 8 Asphaltic Concrete Paving TP-40 Section 9 Curbs, Gutters, Sidewalks, Curb Ramps, Va lley Gutters, TP-48 And Driveways
Section 10 Traffic Strips and Pavement Markings TP- 52
Section 11 Sanitary Sewer Laterals TP-54
Section 12 Precast Concrete Manholes TP-57
Section 13 Sanitary Sewer System Testing TP-60
Section 14 Sewer Cleaning TP-64
Section 15 CCTV Inspection of Existing and Rehabili tated Sewers TP-67 Section 16 Reinforcement Steel TP-74
Section 17 Cast-in-Place Concrete TP-79
Section 18 General Piping TP-89
Section 19 Polyvinyl-Chloride Pipe TP-92

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vii
Section 20 High-Density Polyethylene Pipe TP-97
Section 21 Slurry Seal Pavement Surfacing TP-105

H. APPENDICES

Appendix A Daily Work Report Form
Appendix B City Standard Details
Appendix C Lateral Replacement List

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

CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

NOTICE INVITING SEALED PROPOSALS

NOTICE IS HEREBY GIVEN that sealed proposals or bids for the 2026 Sewer Lateral Replacement Project, No. C1737 shall be publicly opened, examined and announced on Thursday, May 7, 2026, at 10:00 a.m. at the San Carlos City Clerk’s Office – 600 Elm Street, San Carlos, CA 94070. Sealed bid proposals shall be received in-hand by the City Clerk before the bid opening date and time. No Pre-Bid Meeting has been scheduled for this project.

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

The scope of work generally includes the replacement of sanitary sewer laterals by way of pipe-bursting and traditional open trench. Bids are required for the entire work described herein in accordance with the instructions to bidders. The Engineer’s Estimate is roughly $282,500

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

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

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

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

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

Crystal Mui, City Clerk

Published: April 16 and 22, 2026

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

INSTRUCTIONS TO BIDDERS

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

2. Receipt of Bids and Bid Opening: Proposals shal l be received at the office of the City Clerk, 600 Elm Street, San Carlos, CA 94070, not later than the bid deadline described in the Notice Inviting Sealed Proposals. Proposals shall be submitted in a sealed envelope, plainly marked on the outside “2026 Sewer Lateral Replacement Project, City Project No. C1737 ”.

3. Time of Completion and Liquidated Damages: All work shall be diligently prosecuted to completion before the expiration of Ninety (90) 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 Five Hundred Dollars ($500) for each calendar day beyond the specified time limit until the project is completed.

4. Bid Security: Pursuant to California Public Con tract 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 C arlos” for an amount equal to at least ten percent (10%) of the Bid Amount and no bi d shall be considered unless such security is enclosed therewith.

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

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

7. Additional Registration and Licensing Requiremen ts: In accordance with Labor Code Section 1725.5, Contractor and all Subcontractors s hall be registered with the California Department of Industrial Relations (DIR) as a condi tion 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 busines s license prior to the work being performed.

8. Prevailing Wage: The work contemplated by this contract is a “public work” subject to prevailing wages under California Labor Code Sectio n 1770 et. seq. The successful bidder will be required to pay not less than the pr evailing rate of per diem wages as determined by the California Department of Industri al 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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9. Bonds and Insurance: All contractors are requir ed to furnish to the City faithful performance, labor and materials, and 2-year warranty bonds and insurance, as required in the specifications.

10. Security Substitution: Pursuant to California Public Contract Code Section 22300, and at the request and expense of the Contractor to who m the Contract is awarded, securities of a value equivalent to the retention a mount, in a form approved by the City, shall be permitted in substitution for money withhe ld by the City to ensure performance under the Contract.

11. Pre-Bid Conference: No pre-bid conference has b een scheduled for this project.

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

City of San Carlos – Public Works Department
600 Elm Street, San Carlos, CA 94070
Attention: Michael Runchey, Associate Engineer
[email protected]
Telephone: (650) 802-4291

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

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xii

SCHEDULE OF REQUIRED

BID DOCUMENTS AND AGREEMENT FORMS

Submit with Bid Proposal - The following documents must be completed, signed a nd 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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xiii

This Page Intentionally Left Blank

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Bid Proposal 2026 Sewer Lateral Replacement Projec t
Page P-1 Project No. C1737

CITY OF SAN CARLOS

PUBLIC WORKS DEPARTMENT
600 Elm Street
San Carlos, CA 94070

BID PROPOSAL

FOR:

2026 Sewer Lateral Replacement Project
City Project No. C1737

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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Bid Proposal 2026 Sewer Lateral Replacement Projec t
Page P-2 Project No. C1737

BID PROPOSAL

TABLE OF CONTENTS

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

BID PROPOSAL PAGES TO BE SUBMITTED WITH BID:

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

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Bid Proposal 2026 Sewer Lateral Replacement Projec t
Page P-3 Project No. C1737

BID PROPOSAL

2026 Sewer Lateral Replacement Project
CITY PROJECT NO. C1737

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, co mplain 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 directl y or indirectly induced or solicited any other bidder, person, firm or corporation to put in a sha m 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 c ontract with the City of San Carlos in the form of agreement proposed, will provide all bonds and insu rance certificates as required by the agreement and will furnish all equipment and materi als and perform all the labor required to complete the work in accordance with the plans, spe cifications 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 ac cordance with all provisions of the project specifications and project plans including: any add enda; 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 Lab or in effect on the date the work is performed. In order to qualify as the lowest respon sible and responsive bidder for the project, the bidder shall not have had been found in violati on of the prevailing wage laws by the California Department of Industrial Relations within the past three years.

For each of the various contract items of work desi gnated 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 des ignated estimate of the quantities of work to be done, all in clearly legible figures in the resp ective spaces of the Bid Schedule provided for this purpose.

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

The estimate of construction quantities set forth i n the Bid Schedule is approximate only, being given only as a basis for the comparison of bids, a nd the City does not expressly or by implication agree that the actual amount of work will correspond with those estimated quantities.

The City reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer. There shall be no claim for damage or loss of anticipated profi t for any bid item omitted in its entirety, and payment will only be made on the basis of actual quantities of work performed.

If the City accepts this proposal and the bidder fa ils to enter into the contract and/or fails to furnish bonds as required by the specifications wit h sureties satisfactory to the City within ten (10) calendar days after the bidder has received no tice 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 accompany ing this proposal shall be forfeited and become the property of the City.

The Notice to Proceed will not be issued until afte r 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

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the City, and shall diligently prosecute the projec t to completion within the time specified. The contract completion period is inclusive of the time needed for material delivery.

Bidder shall comply with the requirements of the Ca lifornia 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 Cit y Engineer, which copies shall be made available to any interested party upon request. Th e Contractor shall post a copy of such determination at the job site.

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

In accordance with the provisions of Section 1860 o f the Labor Code, prior to performing work on the Contract, each Contractor to whom a public w orks contract is awarded shall sign and file with the City the Worker’s Compensation Certificati on 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, “Re quired Contractor and Subcontractor Registration,” of the General Provision. All contr actors 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 d ate 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 “E stimated Quantity” and the “Unit Price” shall prevail and the figure shown as the “Item Total” sh all be adjusted accordingly, except as provided in cases involving (a) or (b) below:

(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount entered in the item total column, then the amount set forth in the item total column for the item shall prevail and sh all 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 usi ng the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Engineer’s Estimate.

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

In the case of a discrepancy between the sum of the figures in the item total column (adjusted per the previous paragraphs, if necessary) and the amount set forth as the total base bid amount, the sum of the figures in the item total co lumn 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:

2026 Sewer Lateral Replacement

CITY PROJECT NO. C1737

Item
No.

Item
Description
Estimated
Quantity

Unit
Unit
Price
Item
Total
1 Mobilization & Demobilization 33 EA $ $
2 Traffic Control 33 EA $ $
3 Shoring 4 EA $ $
4 Open Trench Replacement (up
to 15 feet in length) 4 EA
$ $
5 Replacement or Installation of
Sewer Cleanout 33 EA
$ $
6 Static Pipe Bursting
Replacement up to 40 feet in
length
29 EA
$ $

7 Additional Static Pipe
Bursting (beyond 40 feet in
length)
93 LF
$
$
8 Pre-Construction Lateral
Cleaning and CCTV Lateral
Inspection (Main to Cleanout)
938 LF
$ $
9 Bedrock (revocable) 100 CF $ $
10 Type II slurry seal 2000 SF $ $

Total Base Bid Amount: $___________________

Notes:

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

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

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

4. Issuance of the “Notice to Proceed” will constitut e 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.

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

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

Portion of Work to be
Performed by Subcontractor

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

1. 2.

3. 4.

5. 6.

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

 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENT In accordance with Labor Code Section 1725.5, all c ontractors 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 f irst duly
sworn, deposes and says under penalty of perjury un der 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 indirectl y induced or solicited any other Bidder to put in any false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid , or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative t hereto, or paid, and will not pay, any fee to any corporation, partnership, company association, orga nization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.

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

(Signature of Representative of Bidder)

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

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

Signature of Notary Public:________________________

My Commission expires __________________, 20_____ (Seal)

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

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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 b anks 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 sim ilar to that covered in this Bid extends over a period of __________ years.

The Bidder as a Contractor has never failed to sati sfactorily 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 an listing of the person’s knowledge, ability or trade along with a brief description of their experience. If Bidder is awarded the Contract, it is understood that the work will be directed and actively supervised by one of these persons.

List of Personnel Knowledge/Skills Experience

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BIDDER’S REFERENCE

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

1. PROJECT NAME LOCATIO N YEAR COMPLETED

AGENCY CONTACT PERSON TEL EPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

2. PROJECT NAME LOCATIO N YEAR COMPLETED

AGENCY CONTACT PERSON TEL EPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

3. PROJECT NAME LOCATIO N YEAR COMPLETED

AGENCY CONTACT PERSON TEL EPHONE 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 propose work in order 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.

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 an d truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to OWNER a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for the 2026 Sewer Lateral Replacement, City Project No. C1737 .

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 complete d 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 obligatio n shall be void, otherwise the same shall remain in force and effect.

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

The Surety, for value received, stipulates and agre es 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 h ave hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, this day and year first set forth.

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

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

_____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________ (Seal)

My Commission expires __________________, 20_____

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

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AGREEMENT AND AGREEMENT FORMS

TABLE OF CONTENTS

Public Project Agreement ............................................................................. ............ A-2 Exhibit A: Contractor’s Bid Proposal ............................................................... ........ A-12 Exhibit B: Insurance Coverage ....................................................................... ......... A-13 Resolution of Construction Claims .................................................................... ........ A-14 Agreement Forms
Payment Bond ......................................................................................... ..... A-16 Performance Bond ..................................................................................... ... A-18 Workers Compensation Certification ............................................................ A-20 Certification of Safety Requirements for Contractors and Vendors ................ A-21 Drug Free Workplace Certification ................................................................ A- 22 Escrow Agreement for Security Deposits in Lieu of Retention (Optional) ...... A-23 Guarantee ............................................................................................ ......... A-25

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AGREEMENT FOR PUBLIC PROJECTS

This Agreement is made and entered into as of _____ _____________ by and between the City of San Carlos hereinafter called "CITY" an d ____________________ 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 provid e a product and/or services to the CITY;

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

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

1. Services. The services to be performed by CONTR ACTOR under this Agreement are described in Exhibit A, the CONTRACTO R’S bid proposal which is, by this reference, incorporated herein an d made a part hereof as though it were fully set forth herein.

Performance of the services specified in said Exhib it is hereby made an obligation of CONTRACTOR under this Agreement, subj ect to any changes that may be made subsequently hereto upon t he mutual written agreement of the said parties.

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

2. Term; Termination. (a) The term of this Agreemen t 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 m ay terminate this Agreement without cause by giving written notice no t less than thirty (30) days prior to the effective date of termination, wh ich date shall be included in said notice. CITY shall compensate CONTRACTOR fo r any product delivered and/or for services rendered, and reimbur se CONTRACTOR for costs and expenses incurred, to the date of termina tion, calculated in accordance with the provisions of paragraph 3. In a scertaining the services actually rendered to the date of terminati on, consideration shall be given both to completed work and work in process of completion.

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Nothing herein contained shall be deemed a limitati on upon the right of CITY to terminate this Agreement for cause, or othe rwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.

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

Notwithstanding the foregoing, the combined total o f compensation and reimbursement of costs payable hereunder shall not exceed the sum of __________________$_________, as provided in the ap proved bid documents or in this Agreement unless additional am ounts have been authorized in the acceptance of the bid and approve d in advance of supplying the product, performing the services or i ncurring the costs and expenses by CITY’s City Manager (for contracts less than $175,000 or authorized by City Council action for contracts $17 5,000 or more by motion duly made and carried).

Compensation and reimbursement of costs and expense s hereunder shall be payable upon CONTRACTOR meeting contract milesto nes as defined in Exhibit A. Billing shall include an itemized sta tement, 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 pro ject requires the delivery of additional products or performance of additional se rvices not otherwise included within Exhibit A, such products or service s must be authorized in advance by CITY’s City Manager (for contracts less than $175,000 or authorized by City Council action for contracts $17 5,000 or more. Such amendment to this Agreement shall include a descrip tion of the project or services to be performed thereunder, the maximum co mpensation and reimbursement of costs and expenses payable therefo re, the time of performance thereof, and such other matters as the parties deem appropriate. Any additional services causing the t otal contract price to exceed $175,000, shall require approval by the City Council. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in e ach such amendment.

6. Records. CONTRACTOR shall keep and maintain accu rate records of products delivered or of all time expended in perfo rming services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during reg ular business hours at

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CONTRACTOR’s place of business or as otherwise agre ed 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 CO NTRACTOR.

CONTRACTOR represents that it has the necessary pro fessional skills to perform the services required and the CITY shall re ly on such specialized skills of the CONTRACTOR to do and perform the work . In performing services hereunder CONTRACTOR shall adhere to the s tandards generally prevailing for the performance of service s similar to those to be performed by CONTRACTOR hereunder.

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

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

11. Schedule. CONTRACTOR shall adhere to the schedu le set forth in Exhibit A; provided, that CITY shall grant reasonable exten sions of time for the delivery of products or performance of services occ asioned by governmental reviews of CONTRACTOR’s work product o r other unavoidable delays; provided, further, that such un avoidable delay shall not include strikes, lockouts, work stoppages, or o ther labor disturbances conducted by, or on behalf of, CONTRACTOR’s officers or employees.

CONTRACTOR acknowledges the importance to CITY of t imely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.

12. Indemnity. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, employees, agents and volunteer s from and against all liability, loss, damage, expense, and cost (includi ng, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in co nnection with CONTRACTOR’s negligence, recklessness, or willful m isconduct in the performance of work hereunder, or its failure to co mply with any of its obligations contained in this Agreement, except suc h loss or damage caused by the active negligence or willful miscondu ct of the City. It is expressly understood and agreed that the foregoing provisions are

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intended to be as broad and inclusive as is permitt ed by the law of the State of California and will survive termination of this Agreement.

Nothing herein contained shall be construed to requ ire 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 maintai n Workers’ Compensation, employer’s liability, commercial gene ral liability, owned and non-owned and hired automobile liability insura nce coverage relating to CONTRACTOR’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City A ttorney and/or CITY’s Risk Manager. The minimum amounts of coverage corre sponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits

Workers’ Compensation statutory minimum

Employer’s Liability $1,000,000 per accident for
bodily injury or disease.

Contractor shall submit to City a
Waiver of Subrogation
endorsement in favor of City, its
officers, agents, employees, and
volunteers.

Commercial General Liability
$2,000,000 per occurrence for
Liability bodily injury,
personal injury, and property
damage, including without
limitation, blanket contractual
liability and coverage for
explosion, collapse and
underground property damage
hazards. If a general aggregate
limit applies, either the general
aggregate limit shall apply
separately to this project/location
or the general aggregate limit
shall be twice the required
occurrence limit. Coverage must
be at least as broad as Insurance
Services Office form CG 00 01.

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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)

Concurrently with the execution of this Agreement, CONTRACTOR shall furnish CITY with certificates and copies of inform ation or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liab ility insurance coverage, original endorsements:

(a) Precluding cancellation or reduction in per occ urrence limits before the expiration of thirty (30) days (10 days for non payment) after CITY shall have received written notification of ca ncellation in coverage or reduction in per occurrence limits by first class mail;

(b) Contractor’s general liability policies shall b e primary and non- contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, off icials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37, is also required.

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right

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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 ag ainst the CITY by virtue of the payment of any loss under such ins urance. This provision applies regardless of whether or not the CITY has r equested or received a waiver of subrogation endorsement from the insurer.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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

Coverage
It is a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following completion of the project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the city at its sole discretion may purchase the coverage required and the cost shall be paid by CONTRACTOR.

Primary and Non-Contributory Coverage
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” as will not seek contribution from the CITY insurance or self-insurance and shall be at least as broad as CG 20 01 04 12.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory

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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 requi rements and provisions of this agreement including the indemnit y 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 s ame extent as CONTRACTOR is bound to CITY under the Contract docu ments.

Subcontract shall agree to include these same provi sions in any agreement with a sub-subcontractor. CONTRACTOR sha ll require all subcontractors to provide a valid certificate of in surance and the required endorsements included in the agreement prior to com mencement of any work and will provide proof of compliance to the CITY.

Subcontractor shall agree to be bound to CONTRACTO R 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 Su b-subcontractor to the extent they apply to the scope of the Sub-subco ntractors’ work. A copy of the CITY Contract Document Indemnity and In surance provisions shall be furnished to the subcontractor upon request.

15. WORKERS' COMPENSATION. CONTRACTOR certifies th at he/she/it is aware of the provisions of the Labor Code of the St ate of California which require every employer to be insured against liabil ity for workers' compensation or to undertake self-insurance in acco rdance with the provisions of that Code, and CONTRACTOR certifies t hat he will comply with such provisions before commencing the performa nce of the work of this agreement.

16. NON-DISCRIMINATION. The CONTRACTOR hereby assu res 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 e xclude any person from participation in, be denied the benefits of, o r be otherwise subject to discrimination from any project, program, or activi ty supported by this Agreement, based on the grounds of race, color, nat ional origin, sex, disability, age, or religion,. CONTRACTOR shall com ply 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 a re employed and the employees are treated during employment without reg ard to their race, color, religion, sex or national origin. Such acti on shall include, but not be

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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 t raining, 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 agre es to post in conspicuous places available to employees and appli cants 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, pos tage 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 assignab le either in whole or in part.

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

20. Business Registration. CONTRACTOR agrees to com ply with Chapter

5.04 of the Municipal Code and pay all fees required to be paid.

21. Validity. The invalidity in whole or in part o f 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 governe d by the laws of the State of California and any suit or action initiate d 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.

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23. Mediation. Should any dispute arise out of thi s Agreement, the parties shall meet in mediation and attempt to reach a reso lution with the assistance of a mutually acceptable mediator. Neit her party shall be permitted to file legal action without first meetin g 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 part ies. 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 i n 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 oth er 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 sta tement of the terms and conditions between the parties, which supersede s and merges all prior proposals, understandings and all other agree ments, verbal and written, between the parties relating to the subjec t matter of this agreement. This agreement may not be modified or al tered 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:

I acknowledge that I have full authority to execute this agreement on behalf of the Consultant/Contractor/Vendor, and have read, understand, and agree to comply with the provisions of this Agreement, including the Insurance and indemnity requirements set forth herein.

Dated: _______________ __________________________ ____

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EXHIBIT A

CONTRACTOR’S BID PROPOSAL

[To be attached]

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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/Locations/Vehicles:

ADDITIONAL INSURED: City of San Carlos
600 Elm Street, San Carlos, CA 94070
Attention: _________________________________
Contract Administrator

Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed of ficers, officials, employees and volunteers are included as insureds w ith regard to damages and defense of claims arising from: (Check all that apply) Insurer Policy No.

General Liability : (a) activities performed by or on behalf of the Na med Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Name d Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:

MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}

Auto Liability : the ownership, operation, maintenance, use, loadi ng or unloading of any auto owned, leased, hired or borro wed by the Named Insured, regardless of whether liability is attribu table to the Named Insured or a combination of the Named Insured and t he Additional Insured, its elected or appointed officers, officia ls, employees or volunteers.

Other:

Certificate s of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy No.

Workers Compensation : work performed by employees of the Named Insured while those employees are engaged in work u nder the simultaneous directions and control of the Named In sured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY : This insurance is primary and is not additional t o 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 sepa rately to each insured who is seeking coverage or a gainst 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 ACC IDENT 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 righ ts of subrogation against the CITY/Public Works Department, its elected or appointed officers, officials, agent s, volunteers and employees for losses paid under t he terms of this policy which arise from work performed by the Named Insured for the CITY/Public Works Department.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, ________________________________________________ _______________(print/type name), warrant that I ha ve authority to bind the above-named insurance company and by my signature hereon do so bind this company.

________________________________________________________________ _____________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) DATE ISSUED

ORGANIZATION:_________________________________________ TITLE:______________________________

ADDRESS: _____________________________________________ TELEPHONE: ( ) _______

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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 Contr act 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 o f 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 thi s section, the public entity to which the claim app lies shall conduct a reasonable review of the claim and, withi n a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the c laim is disputed and what portion is undisputed. Up on receipt of a claim, a public entity and a contractor may, by m utual 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 go verning body to provide the claimant a written stat ement 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 sen t by registered mail or certified mail, return receipt requested, t he public entity shall have up to three days follow ing the next duly publicly noticed meeting of the governing body afte r the 45-day period, or extension, expires to provi de 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 a fter the public entity issues its written statement. If the public entity fails to issue a written statement, p aragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’ s written response, or if the public entity fails t o respond to a claim issued pursuant to this section within the time pre scribed, the claimant may demand in writing an info rmal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in wri ting sent by registered mail or certified mail, return receipt r equested, the public entity shall schedule a meet a nd confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusio n of the meet and confer conference, if the claim o r any portion of the claim remains in dispute, the public entity shall provide the claimant a written statem ent identifying the portion of the claim that remains in dispute an d the portion that is undisputed. Any payment due o n an undisputed portion of the claim shall be processed and made within 60 days after the public entity iss ues its written statement. Any disputed portion of the clai m, as identified by the contractor in writing, shal l be submitted to nonbinding mediation, with the public entity and th e claimant sharing the associated costs equally. Th e public entity and claimant shall mutually agree to a media tor within 10 business days after the disputed port ion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall se lect a mediator and those mediators shall select a qualified neutra l third party to mediate with regard to the dispute d portion of the claim. Each party shall bear the fees and costs cha rged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessf ul, the parts of the claim remaining in dispute sha ll be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation include s any nonbinding process, including, but not limite d to, neutral evaluation or a dispute review board, in which an i ndependent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform t o the timeframes in this section.

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(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation condu cted pursuant to this section shall excuse any further o bligation under Section 20104.4 to mediate after li tigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under privat e arbitration or the Public Works Contract Arbitration Program, if m ediation under this section does not resolve the pa rties’ dispute.

(3) Failure by the public entity to respond to a cl aim from a contractor within the time periods descr ibed in this subdivision or to otherwise meet the time requireme nts 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 resp onded to a claim, or its failure to otherwise meet the time requireme nts of this section, shall not constitute an advers e 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 subcontracto r lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the con tractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcon tractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the cont ractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on b ehalf of the subcontractor. The subcontractor reque sting that the claim be presented to the public entity shall f urnish reasonable documentation to support the clai m. Within 45 days of receipt of this written request, the contra ctor shall notify the subcontractor in writing as t o whether the contractor presented the claim to the public entity and, if the original contractor did not present th e 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 directl y to the commencement of a civil action or binding arbitrati on, as applicable; and (2) a public entity may pres cribe reasonable change order, claim, and dispute resolut ion procedures and requirements in addition to the provisions of this section, so long as the contractual provisi ons do not conflict with or otherwise impair the ti meframes and procedures set forth in this section.

Nothing in this section shall impose liability upon a public entity that makes loans or grants availab le 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 2026 Sewer Lateral Replacement, City Project No. C1737 and

WHEREAS, under the terms of said contract Principal is requi red 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 th e “Owner” in the penal sum of /l00 Dollars ($ ) lawful money of the United States, being not less t han one hundred percent (100%) of the amount payable by the terms of the contract, for the payme nt 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 s aid Principal or any of its subcontractors fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal or its subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor that the Surety will pay for the same, in an amount not exceeding the amount hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney’s fee, to be fixed by t he 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 an d 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 cha nge, extension of time, alteration or addition to the terms of the contract or to the wor k 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.

IN WITNESS WHEREOF, the above bounded parties have executed this instru ment under their seals this _________ day of ___________ _______, 20 , the name and corporate

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seal of each corporate body being hereto affixed an d these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Principal)

NOTE: By

To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)

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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 _ ___________________ (hereina fter referred to as “Principal”) for the construction of 2026 Sewer Lateral Replacement, City Project No. C1737 , 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 t he
“Owner” in the penal sum of _____________________________/100 Dollars($ ) lawful money of the United States, being a sum equa l to the total amount payable under the contract, for the payment of which sum, well and tr uly 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 p erformed 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 beco me null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to satisfactory completio n of the said contract, the above obligations to the amount of a nd-00/100 Dollars ($ ) being not less t han 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 o f said work, during which time if the above Principal shall fail to make full, complete and satisfactory repair and replacement or totally protect the “Owner” from loss or damage made evident during said period of two (2) years from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligations in the said sum of and-00/100 Dollars ($ ) shall remain in full force and virtue; otherwise the above obligation shall be void.

And the said Surety, for value received, hereby st ipulates and agrees that no change, extension of time, alteration or addition to the te rms of the Contract or to the work to be performed there under of the Specifications accompa nying the same shall in any ways affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. We hereby state and confirm that we are a “California admitted insurer” as defined by the California Department of Insurance.

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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 a ssigns, a reasonable sum on account of attorney’s fees in such action, which sum shall be fixed by the court.

IN WITNESS WHEREOF, the above bounded parties have executed this instru ment under their seals this _________ day of ___________ _______, 20 , the name and corporate seal of each corporate party being hereto affixed a nd these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

(Principal)

NOTE: By

To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)

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WORKERS' COMPENSATION CERTIFICATION
Labor Code Section 1861

The Bidder hereby certifies as follows:

"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions and furnish proof of said insurance before commencing the performance of the work of this contract."

Name of Contractor

Signature of Contractor Representative

Dated: __________________________

NOTE:

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

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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:

T HIS 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 un lawful 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 requ ired 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 maint aining a drug-free workplace, (c) Any available counseling, rehabilitation and e mployee assistance programs, and (d) Penalties that may be imposed upon employees f or 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 compan y’s statement as a condition of employment on the contract or loan.

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

Dated:_______________________, 20____.
________________________________
Contractor’s Signature

NOTE:

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

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Agreement 2026 Sewer Lateral Replacement Project
Page A-23 Project No. C1737

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (Optional) Public Contract Code Section 22300

This Escrow Agreement is made and entered into by a nd between _______________________________ whose address is __________________________________ ________________ hereinafter called "Owner,"________________________________ whose addr ess 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 secu rities 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 Contr actor as the beneficial owner.

(2) The Owner shall make progress payments to the C ontractor for those funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds secur ities in the form and amount specified above.

(3) When the Owner makes payment of retentions earn ed 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 a dministering 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 Contra ctor 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.

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Agreement 2026 Sewer Lateral Replacement Project
Page A-24 Project No. C1737

(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escro w Account.

The escrow shall be closed immediately upon disburs ement 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 fro m 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 respect ive signatures are as follows:

On behalf of Owner: On behalf of Contractor: On b ehalf of Escrow Agent:

___________________________ ______________________ _____ _______________________________ Title Title Title

___________________________ ______________________ _____ _______________________________ Name Name Name

___________________________ ______________________ _____ _______________________________ Signature Signature Signature

___________________________ ______________________ _____ _______________________________ Address Address Address

At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:

______________________________ ___________________ ________________ Title Title

______________________________ ___________________ ________________ Name Name

______________________________ ___________________ ________________ Signature Signature

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Agreement 2026 Sewer Lateral Replacement Project
Page A-25 Project No. C1737

GUARANTEE
(To Be Submitted Prior to Project Acceptance)

FOR THE
City of San Carlos
San Carlos, CA 94070

2026 Sewer Lateral Replacement Project
City Project No. C1737

We hereby guarantee that the work we have installe d for the above named project has been done in accordance with the Plans and Specific ations and that the work installed will fulfill the requirements of the guarantee.

We agree to repair or replace any or all of our wo rk, together with any other adjacent work which may be displayed in so doing that may pr ove 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 what soever to the City of San Carlos, ordinary wear and tear and unusual abuse or neglect excepted.

Within fifteen (15) days after being notified in w riting by the City of San Carlos of any defects in the work, we agree to commence and prose cute with due diligence all work necessary to fulfill the terms of this guarantee, a nd to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and separately, do hereby authorize said City of San Carlos to proceed to have such work done at our expense and we will honor and pay the cost and changes therefore upon demand.

Dated:

By:

NOTE:

T HIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO PROJECT ACCEPTANCE .

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GENERAL PROVISIONS

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TABLE OF CONTENTS

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms ........................................ ........................................................................................ 1

1.02 Definitions .................................. ........................................................................................ 1

SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General ...................................... ........................................................................................ 6

2.02 Proposal Forms ............................... .................................................................................. 6

2.03 Qualifications of Bidders .................... ................................................................................ 6

2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities ........................ 6

2.05 Submission of Bids ........................... ................................................................................. 6

2.06 Approximate Estimate ......................... .............................................................................. 7

2.07 Examination of Plans, Specifications and Work Site ......................................................... 7

2.08 Withdrawal of Proposals ...................... .............................................................................. 7

2.09 Proposal Guarantee ........................... ............................................................................... 7

2.10 Disqualification of Bidders .................. ............................................................................... 7

2.11 Bid Protest Procedures ....................... .............................................................................. 7

2.12 List of Subcontractors ....................... ................................................................................. 8

2.13 Required Contractor and Subcontractor Registra tion ....................................................... 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 ....................... ................................................................................ 11

3.09 Forfeiture of Proposal Guarantee ............. ......................................................................... 11

3.10 Contract Bonds ............................... ................................................................................... 11

3.11 Notification of Surety Companies ............. ......................................................................... 12

3.12 Power of Attorney ............................ .................................................................................. 12

3.13 Insurance Requirements ....................... ............................................................................ 12

3.14 Special Requirements ......................... .............................................................................. 12

3.15 Builders Risk Insurance ...................... ............................................................................... 13

3.16 Certificates ................................. ....................................................................................... 13

3.17 Legal Address of Contractor .................. ............................................................................ 13

3.18 Office of Contractor at Site ................. ............................................................................... 13

SECTION 4 – SCOPE AND CONTROL OF THE WORK

4.01 Work to be Done .............................. ................................................................................. 14

4.02 Plans and Specifications ..................... .............................................................................. 14

4.03 Reference to Standards and Codes ............. ..................................................................... 14

4.04 Authority of the Engineer .................... ............................................................................... 15

4.05 Contract Documents and Precedence ............ .................................................................. 15

4.06 Interpretation of Specifications and Drawings ................................................................... 15

4.07 Figured Dimensions ........................... ............................................................................... 15

4.08 Errors or Discrepancies ...................... ............................................................................... 16

4.09 Drawings to be Furnished by Contractor ....... .................................................................... 16

4.10 Additional Drawings by City .................. ............................................................................. 16

4.11 Lines and Grades ............................. ................................................................................. 16

4.12 Record Documents ............................. ............................................................................... 16

4.13 Record Drawings .............................. ................................................................................. 16

4.14 Reuse of Documents ........................... .............................................................................. 17

4.15 Subsurface Data .............................. .................................................................................. 17

4.16 Right-of-Way ................................. .................................................................................... 17

4.17 Removal of Defective and Unauthorized Work ... .............................................................. 17

4.18 Acceptance of Defective Work ................. ......................................................................... 17

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4.19 Submittals ................................... ....................................................................................... 1

4.20 Substitutions ................................ ...................................................................................... 18

4.21 Construction Staking Lines and Grades ........ .................................................................... 19

4.22 Inspection of the Work ....................... ................................................................................ 19

4.23 Testing ...................................... ......................................................................................... 20

SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Order s ............................................................ 21

5.02 Contractor Liability for Unapproved Change Ord ers ......................................................... 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 Protec t 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 .......................... ................................................................................ 33

8.13 Suspension of Work ........................... ............................................................................... 33

8.14 Default by the Contractor and Termination of C ontrol ....................................................... 33

8.15 Contractor’s Right to Stop Work or Terminate C ontract .................................................... 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 ............................. .................................................................................. 39

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 .......................... .............................................................................. 41

9.06 Permits and Fees ............................. ................................................................................. 42

9.07 Coordination and Cooperation ................. ......................................................................... 43

9.08 Use of Premises .............................. .................................................................................. 43

9.09 Construction Staging and Field Office ........ ....................................................................... 44

9.10 Site Security ................................ ...................................................................................... 44

9.11 Construction Water ........................... ................................................................................. 44

9.12 Project Site Maintenance ..................... ............................................................................. 44

9.13 Preservation of Property ..................... ............................................................................... 47

9.14 Protection of Buried Utilities ............... ............................................................................... 47

9.15 Protection of Bridges ........................ ................................................................................. 47

9.16 Protection of Traffic Signal Facilities ...... ........................................................................... 48

9.17 Restoration of Adjacent and Existing Improveme nts ......................................................... 48

9.18 Archeological Remains ........................ .............................................................................. 48

9.19 Access to Private Property ................... ............................................................................. 48

9.20 Traffic Control and Public Convenience ....... ..................................................................... 49

9.21 Safety ....................................... ......................................................................................... 51

9.22 Patent Fees or Royalties ..................... .............................................................................. 53

9.23 Advertising .................................. ....................................................................................... 54

9.24 Antitrust Claims ............................. .................................................................................... 54

9.25 Audit and Examination of Records ............. ....................................................................... 54

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 ................................................................ 56

10.02 Bid Items ................................... ........................................................................................ 56

10.03 Bid Quantities .............................. ...................................................................................... 56

10.04 Progress Payments ........................... ................................................................................ 57

10.05 Retentions .................................. ....................................................................................... 59

10.06 Final Payment ............................... .................................................................................... 59

10.07 Acceptance .................................. ...................................................................................... 60

10.08 Compensation for Extra Work Omitted ......... ..................................................................... 60

10.09 Compensation to City for Extension of Time .. ................................................................... 60

10.10 Claims ...................................... ......................................................................................... 60

10.11 Time Limit on Claims ........................ ................................................................................. 61

10.12 City Response to Claims ..................... .............................................................................. 61

10.13 Appeal of Engineer’s Decision ............... ........................................................................... 61

SECTION 11 – GUARANTEE

11.01 Contractor’s Guarantee ...................... ............................................................................... 62

11.02 Correction of Defective Work During the Guara ntee Period ............................................. 62

* * *

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GENERAL PROVISIONS

SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms – Unless otherwise stated, the words “di rected, required, permitted, ordered, instructed, designated, considered necessary, presc ribed, approved, acceptable, satisfactory,” or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.

1.02 Definitions – Except as amended or supplemente d, 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 w ords 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 Permitt ed", "Approved", or words of similar import, are us ed, it shall be understood that the direction, requirem ents, permission, approval, or acceptance of the Engineer is intended unless stated otherwise. As u sed 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 St andard Specifications.

Addenda - Written or graphic instruments issued pr ior 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 submitte d 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, B id Security, and all other information requested by the Bid Proposal Documents.

Bidder – Any individual, firm, partnership, corpora tion, or combination thereof submitting a bid for the work, acting directly or through a duly authori zed representative. After the City awards the Cont ract, 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 Pro posals, 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 Engineer to the contractor making changes in the plans or specifications which is signed by the Contractor and City authorizing an addition, deletion or revi sion 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 inv olves items for which there is no contract unit pri ce, 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 Ci ty 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 po licies established by the City, including those set forth in the General Plan, San Carlos Municipal Cod e, ordinances, resolutions, policies, procedures, a nd City design documents (including the Standard Speci fications, 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 ma y have been prepared by or in behalf of the City, as a basis for proposals, when duly signed an d made a part of this contract by incorporation or reference, all drawings submitted in pursuance of t he terms of this contract by the successful bidder with their proposal and by the contractor to the City an d reviewed by the Engineer; and all drawings submit ted by the Engineer to the contractor during the progress of the work as provided for herein.

Contract Price - The total amount of money for which contract is awarded and as amended.

Contract Time - The number of days or the date sta ted in the contract as the duration for completing work.

Contract Unit Price - The Contractor’s original bi d for a single unit of an item of work in the proposal.

Contractor - An individual, partnership, corporatio n, 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 repr esentatives. After the City awards the Contract, t he term “Contractor” shall be equivalent to the term “ Bidder” for the purpose of identifying the Contract or’s rights and obligations under the Contract Documents.

Day or Days - Unless herein otherwise expressly def ined, shall mean a calendar day of twenty- four hours each.

Defective Work - Work that is unsatisfactory, faul ty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documen ts, directives of the Engineer, or requirements of any inspection, reference standard, test, or approv al specified in the Contract Documents, or has been damaged prior to the Engineer’s recommendation of f inal 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 n ot limited to responses to requests for information , clarifications, letters of instruction, the notice of award and the notice to proceed.

Engineer - The Engineer duly and officially appoint ed by the City to represent the City and to observe the work of construction under this contrac t, acting personally or through agents or assistant s duly authorized by the Engineer, such agents or ass istants acting within the scope of the particular d uties entrusted to them.

Extra Work - Performance or furnishing of work or m aterial found necessary for the proper completion of the improvements, the payment of whic h is not covered by any item of the bid schedule an d 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 bee n completed in accordance with the contract documents, plans and specifications to the satisfac tion of the Engineer 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 wor k, resulting from the project work scope, necessary to complete the project work scope that cannot be w ell defined prior to the start of extra work. Gene ral Provision, Section 5.08 “Change Orders“ establishes the specific methods of compensation for labor, materials and equipment used to perform the force account work.

Greenbook - The Standard Specifications and Plans written and promulgated by Public Works Standards, Inc., entitled “Standard Specifications for Public Works Construction”, and “Standard Plans for Public Works Construction”, current editions.

Hold Harmless - Agreement by one party to bring no claim for negligence, breach of contract, indemnity or otherwise against another party. See Agreement Section 17, “Indemnification”.

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

Liquidated Damages - The amount of dollars assessed for each and every calendar day required to complete the contract in excess of the contract time. See General Provisions, Section 8.18, “Liquidated Damages”.

Losses - Any and all losses, costs, liabilities, cl aims, 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 t he California Manual of Uniform Traffic Control Devices.

Modification – Modifications to the Agreement are e xecuted by change orders, and may only be issued after the effective date of the contract.

Notice - Any notice allowed or required to be give n by the City may be given by the Engineer.

Notice of Award – The written notice by the City t o 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 draw ings approved by the Engineer which show the location, character, dimensions and details of the work.

Project - The total construction of which the work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate Contractors.

Proposal - The offer of a bidder when submitted on the proposal form, properly signed and guaranteed.

Reference Specifications - Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering socie ties, or industrial associations referred to in the Contract Documents. These refer to the current edi tion or amendments in effect at the time of adverti sing the project unless specifically referred to by edit ion, volume or date. Unless otherwise stated in th e plans or specifications, the reference specification in e ffect 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, illustrati ons, schedules and other data which are specifically prepared by or for the Contractor to i llustrate some portion of the work and all illustra tions, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contrac tor 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, provi sions and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specification, General Provisions, those administrative subsections of Caltrans’ Standard Sp ecification that are specifically referenced in thi s Contract and the non-administrative sections (Secti on 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 editi on, identifying construction standards for the vari ous items of work indicated and/or referred to on the plans, specifications or special provisions.

Standard Specifications - The Standard Specificatio ns of the City of San Carlos.

Standard Specifications for Public Works Construct ion - The Standard Specifications for Public Works Construction, “Greenbook”, current edition.

State - State of California.

State Standard Plans - The Standard Plans of the D epartment of Transportation of the State of California, (Caltrans’) Standard Plans dated 2010.

State Standard Specifications - The Standard Specif ications 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 inclu des Subcontractor of any tier, suppliers, manufactu rers and distributors. See Section 3.07 of the General Provisions.

Substantial Completion – When the work (or a speci fied 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 th e contractor responsible for the site supervision of the work at all times during progres s, authorized to receive and fulfill instructions f rom the Engineer and to accept orders for changed and extra work.

Surety - Any individual, firm or corporation, boun d 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 o f California.

Unbalanced Bid - See Materially Unbalanced Bid and Mathematically Unbalanced Bid.

Work - The construction and services required by th e Contract Documents as amended by contract modifications, whether completed or partia lly completed, including all labor, materials, equipment, tools, and services provided or to be pr ovided, 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, Holi days observed by the City, or days in which the Contractor is entitled to an excusable de lay. Holidays observed by the City are: Thanksgivi ng, day after Thanksgiving, Christmas Day, New Year’s D ay, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, and Vete ran’s Day. See General Provisions, Section 8.19, “Delays and Extension of Time”. In addition, at th e option of the Engineer, the contractor may be req uired 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 i n any case, only with prior written permission of the Engineer. This suspension of work will be at no c ost 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 locat ion designated in the Notice to Bidders. Bidders s hall use complete sets of Contract Documents in the prep aration of bids. The City makes copies of the Contract Documents available, on the above terms, f or 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 D ocuments entitled “Bid Proposal” focuses the Bidders attention on the requirements for submi tting a proposal, including the Notice to Bidders, and the Bid Proposal Forms.

Bids are required for the entire work described her ein 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 Subcontracto rs, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bidder’s Qualifications, B idders References, Signature of Bidder, Bid Guarant y, and all other information requested by the Bid Proposal documents.

All proposals shall type or print legibly in ink th e proposed prices both in writing and in figures an d shall be signed, with address included, by the bidd er or the bidder's authorized representative.

Corrections must all be individually initialed by t he Bidder. Bidder shall not modify or qualify the Bid Forms in any manner.

The Bid Forms shall be signed by a person or person s legally authorized to bind the Bidder to the Contract. The individuals signing each documen t shall warrant that they are authorized to bind th e legal entity of the Bidder. Proposals made by indi viduals must show the individual's signature and po st office address; if made by a firm or partnership an d the signature of one or all of the partners must be shown. Proposals submitted by corporations must sh ow the name and post office address of the corporation, the name of the state, under whose law s the corporation is chartered, and the signature a nd 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 Ch apter 9, Division 3, of the Business and Profession s Code, State of California, and shall be skilled and regularly engaged in the general class or type of work called for under this contract.

It is the intention of the City to award a contract only to a bidder who is able to furnish satisfactory evidence that they have the requisite experience and ability and that the bidder has suff icient capital, facilities and plant to enable them to pro secute 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 c redited to a bidder, the City will weigh any evidence indicating the bidder, or personnel guaran teed 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, a dditions 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 envel ope. The envelope shall be clearly marked on its f ace with the Bidder’s name and address, and the notatio n “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 i s the Bidder’s responsibility alone to ensure that the Bid is received prior to the bid opening d eadline at the place specified in the Notice to Bid ders.

Whether or not bids are opened exactly at the time fixed in the public notice inviting bids, any bid r eceived after that time shall be returned unopened.

2.06 Approximate Estimate - The quantities listed in the bid schedule are appr oximate only, supplied as a general indication of the scope of wo rk and to be used as a basis for comparing bids. T he City does not expressly or by implication agree tha t the actual amount of work will correspond therewi th, and reserves the right to increase or decrease the amount of any class or portion of the work, or to d elete any portions of the work in their entirety, from th e quantities listed on the bid schedule, as may be deemed necessary or advisable by the Engineer.

2.07 Examination of Plans, Specifications and Work Site - Bidder shall examine carefully the plans, specifications, proposal and contract forms, and the physical site of the work contemplated, regardless of if a site walk or pre-bid meeting has been scheduled by the City or not. It will be ass umed that the bidder has investigated and is aware of th e conditions to be encountered in carrying out the proposed work, and is fully satisfied as to the sco pe, character, quality, quantity and requirements o f 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 i s shown in the plans, said information is included on ly for the convenience of bidders. The City assume s no responsibility whatsoever as to the sufficiency or accuracy of borings, or of the log of test borin gs or other investigations or tests, or of the interpreta tion thereof; there is no guaranty, warranty or representation, express or implied, that the condit ions indicated thereby in fact exist or are represe ntative of those existing throughout the work. Such inform ation shall be used as a basis for bids at the bidd er's own and sole risk; making such information availabl e to bidders is not to be construed in any way as a waiver of the other provisions of this paragraph, a nd bidders must satisfy themselves through their ow n investigation as to the surface and subsurface cond itions to be encountered at the site. By submittin g a Proposal, the Bidder has certified that they have e xamined all items indicated in Section 2.07, "Examination of Plans, Specifications, and Site of the Work." Each proposal shall be enclosed in a sealed envelop e 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 t he opening of bids, provided that a request in writ ing, executed by the bidder or their duly authorized rep resentative, for the withdrawal of such bid, is fil ed 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 cert ified check, cashier's check, or bidder's bond of a surety compa ny acceptable to the City in an amount not less tha n ten percent (10%) of the bid amount, and shall be made payable to the City.

2.10 Disqualification of Bidders - More than one pr oposal 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 w hich such bidder is interested. If there is a reas on to believe that collusion exists among the bidders, no ne 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 pr oposed contract award shall be submitted in writing to the City Clerk no later than 5:00 p.m . on the fifth (5 th ) business day following the date of the

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bid opening. If the fifth day falls on a weekend o r 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 tel ephone number of the person representing the protesting party. In addition,

(a) The party filing the protest must have submitt ed 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 t he specific statute that forms the basis for the protest.

Any bidder’s failure to fully comply with these pro cedures 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 Ca lifornia Government Code, or filing of any other le gal 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 consi der any protests, but may do so at its option. The City Council or the City Manager as designee if the auth ority to award the contract has already been grante d by the City Council, may either reject the protest and award the project to the lowest responsible bid der or accept the protest and award the project to the nex t lowest responsible bidder. Nothing in this secti on shall be construed as a waiver of the City Council’s right to reject all bids.

2.12 List of Subcontractors - In accordance with th e provisions of Section 4104 of the Public Contract Code, each proposal shall list the name, a ddress 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 Registra tion - In accordance with Labor Code Section 1725.5 and 1771.1, the contractor and all s ubcontractors shall be registered with the Californ ia Department of Industrial Relations (DIR) prior to t he bid opening. All 2nd and lower tier subcontract ors working on the project shall be registered with the Department of Industrial Relations prior to the wo rk being performed. An inadvertent error in listing a subcontractor who is not registered may not be gro unds for considering the bid non-responsive providing th at 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 w hich 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 oth er 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 irregularit ies in a bid, and to award the Contract to the Lowest Respon sible Bidder (as determined by the City), only if t he irregularities are non-material and inconsequential.

3.02 Determination of Lowest Responsible Bidder - C riteria for determining low bid in all contracts with the City involving an expenditure of $5,000.00 or more shall be determined as the “Lowe st Monetary Bidder” on the basis of the Engineer’s app roximate 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 determine d, the Engineer shall review that Bidder’s bid in order to determine whether or not that Bidde r is the “Lowest Responsible Bidder.” The term Low est Responsible Bidder shall mean the Lowest Monetary B idder 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 Biddi ng Requirements. The term “responsible” is defined by California law, but generally means that the Bid der is able to demonstrate that it possesses: (1) t he capacity to perform the work required by the Contra ct Documents with respect to financial strength, resources available, and experience; and (2) the in tegrity and trustworthiness to complete performance of the work in accordance with the Contract Documents.

The City will make its determination of responsibil ity 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 w ith 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 l imited to, Experience Modification Rate. (c) Successful completion of projects of similar sc ope and size. In reviewing this factor, the City may consider elements including, but not limit ed to, contract amount of completed projects, experience on public works projects, expe rience implementing prevailing wage certified payroll requirements, timeliness of perfo rmance and, if necessary, evaluation of the Bidder’s work by previous cities, clients, design professionals, or subcontractors. (d) Sufficiency of contract administration and cons truction management systems including, but not limited to, proposed scheduling tools, prop osed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents. (e) History of claims, litigation, termination or d isqualification from projects.

If the Engineer finds that the Lowest Monetary Bidd er submitted a responsive Bid and that the Bidder is responsible, then that Bidder shall be de emed the apparent “Lowest Responsible Bidder,” and the Engineer shall report the findings to the City Council.

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If the Engineer finds that the Lowest Monetary Bidd er’s bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Engine er may review the responsiveness and responsibility of the next Lowest Monetary Bidder. If the Enginee r finds that the next Lowest Monetary Bidder is responsive and responsible, then that next lowest B idder shall be deemed the apparent “Lowest Responsible Bidder,” and Engineer shall report its findings as recommendations to the City Council. T his process may continue until the Engineer finds the L owest Monetary Bidder which is also responsive and responsible.

In the event that one or more Low Monetary Bidders are found by the Engineer to be non- responsive or non-responsible, those Bidders will b e given notice and a reasonable opportunity to pres ent additional relevant evidence to the Engineer for co nsideration, within five (5) working days after the Bidder receives the notice.

All findings by the Engineer shall be reported as r ecommendations to the City Council. The City Council reserves the right to reject any or all Bid s, and to waive any irregularity. No Bid shall be binding upon the City until after the Agreement is signed b y both the Contractor and the City. If the City Co uncil determines that it is in the City’s best interest t o award the Agreement, a Notice of Award shall be s ent 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 qua lifications of all Bidders to whom the award is contemplated for a period not to exceed ninety (90) calendar days after the Bid opening, during which time no bid shall be withdrawn by the Bidders. The ninety (90) day review period may be extended upon the written request by the Engineer and written approval by the affected Bidder.

3.03 Notice of Award – Should the City decide to pr oceed 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) calen dar days after receipt of the Notice of Award, the bidder shall submit to the City two (2) originals of the signed agreement, the required con tract 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 sha ll 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 su pervision 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 exec ution of the work shall not be lessened because of such general supervision.

3.06 Assignment - No agreement or portion thereof m aybe assigned without consent of the Council, except that the Contractor may assign mone y due which will accrue to them under the Agreement. If given written notice, such assignmen t will be recognized by the City to the extent perm itted by law, but any assignment of money shall be subjec t to all proper setoffs and withholdings in favor o f the City and to all deductions provided for in the Agre ement. 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 wit hout the written consent of the City shall be void and of no force and effect. Consent by the Ci ty to one assignment shall not be deemed to be consent to any subsequent assignment.

3.07 Recognition of Subcontractors - No subcontract ors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the contractor and thei r work shall be subject to the provisions of the cont ract, including specifically these general stipulat ions, the specifications and the contract drawings.

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3.08 Return of Bid Security - Within ten (10) worki ng days after the execution of the Agreement, the City will return the proposal guaran tees accompanying the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the Agreement has be en fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.

3.09 Forfeiture of Proposal Guaranty - If Bidder do es not properly execute the contract and submit the acceptable bonds, insurance and certific ations within the specified time; this shall be jus t cause for the annulment of the award and the forfei ture of the proposal guaranty to the City. The Cit y may then award the contract to next Lowest Responsi ble 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 contr act 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 o f a bond of a surety company acceptable to the City, which bond is condi tioned upon the faithful performance of all covenants and stipulations under this contra ct within the time prescribed, in a manner satisfactory to the City, and that all mater ials and workmanship will be free from original or developed defects. The amount of the b ond 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 sh all 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 o f a bond of a surety company acceptable to the City in the sum no t 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 corpo rations 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 (Chap ter 3, Division 5), of the Government Code of the State of California, and any acts amend atory thereof. The bond shall be maintained by the Contractor in full force and effe ct 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 Ci ty herein. (c) Warranty Bond - The Contractor shall furnish a warranty bond in the amount of ten percent (10%) of the final contract price (total co st 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 corpo rate 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 s igned 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 a nd incidentals. Should any bond become insufficient due to an increase in the contr act amount, the Contractor shall obtain supplemental bonding within ten (10) days.

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Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments sha ll be deemed due or will be made under the Agreement until a new Surety shall qualify and be accepted by the City.

Changes in the work, or extensions of time, made pu rsuant to the Agreement, shall in no way release the Contractor or Surety from their obl igations. 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 o f any change or modification of this contract or of exten sion of time, or of decreased or increased work, or of the cancellation of the contract, or of any other a ct(s) by the City or City's authorized agents, unde r the terms of this contract, and failure to so notify th e 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 prov ide 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 em ployees 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 provi de Workmen's Compensation and Employer's Liability Insurance, all in strict compliance with Federal and State laws. (b) Personal Injury, Bodily Injury and Property D amage Liability Insurance (including automobiles, products and/or completed operations c overage) and Aircraft and Watercraft Bodily Injury Liability and Property Dam age Liability Insurance if contractor uses owned or non-owned water aircraft in their ope ration, 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 l ess 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 si milarly to provide the aforesaid coverages.
(c) All Risk (excluding Earthquake and Flood) Bui lder'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 ins urance value. Under the policies of insurance described above, each policy shall contai n the provision for thirty (30) days written notice submitted by registered mail from th e insurance carrier(s) to the City prior to cancellation or reduction in coverage.

3.14 Special Requirements - Under the policy of ins urance 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 prima ry insurance and no insurance of the additional insureds shall be called on to contribute to a loss. (c) Endorsement providing that such insurance shall no t contain any exclusion regarding loss or damage to property caused by explosion or r esulting from collapse of buildings or structures or damage to property underground, commo nly referred to as "XCU" hazards.

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(d) Standard cross-liability clause covering personal injury, bodily injury (including death resulting therefrom), and property damage.

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 C ity as their interest may appear. (c) Deductible amounts of all losses covered by ins urance shall be borne by the contractor.

3.16 Certificates - Prior to beginning work, contra ctor shall furnish certificates satisfactory to the City as to contents and carriers of such insurance.

3.17 Legal Address of Contractor - Contractor's add ress as shown in the proposal, as well as such office or headquarters the contractor establis hes at the site of work, hereby are designated as addresses to which drawings, samples, notices, lett ers, articles, or other communications to the contractor may be mailed or delivered. The deliver y at either of these places of any item or communication from the City or agents thereof to th e contractor shall be deemed sufficient service of such delivery. Contractor's address as shown in th e proposal may be changed at any time by notice in writing from the contractor to the City. Nothing h erein contained shall be deemed to preclude or rend er inoperative the service of any drawing, sample, not ice, letter, or other article of communication to o r upon the contractor personally.

3.18 Office of Contractor at Site - During the perf ormance of the contract, Contractor shall maintain a suitable office at the site of work whic h shall be the headquarters of a representative authorized to receive drawings, instructions or oth er 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 sit e of work in when absent shall be deemed to have been gi ven 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 pr oject, as further described in the Notice to Bidder s of these Specifications, and as necessary to leave the site in a neat and finished condition with all equipment properly installed and working to the satisfaction of the Engineer.

While the City has endeavored to accurately represe nt in the plans and specifications the physical conditions which may affect the cost of th e proposed work, the City does not warrant the completeness or accuracy of such information. It i s 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 underlyi ng or background information to arrive at an independent opinion thereon, including the determin ation of how reliable might be any conclusion appearing in (or inferred from) the information. T he Contractor may not rely upon “record drawings” o r similar final or accepted drawings or maps construc ted on public or private property. Such informatio n may be used for reference only. Actual locations a nd depths shall be determined by field investigatio ns by the Contractor.

No oral or telephonic agreement or conversation wit h any officer, agent, or employee of the City or the Engineer, either before or after execution o f the contract, shall affect or modify any of the t erms 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 r equired by any separate trade. The terms and conditions of such limitations are wholly between t he 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 reason ably inferred from the Contract Documents as being required to produce the intended result sh all be supplied whether or not specifically called for.

When words, which have a well-known technical or tr ade meaning, are used to describe the work, materials or equipment, such words shall be interpr eted in accordance with that meaning. See General Provisions, Section 6.03, “Trade Names or Equals”.

Subheadings and titles printed on the drawings in t hese General Provisions, in the specifications, and elsewhere in the contract documents, are insert ed 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 ass ociation, or to the Laws or Regulations of any governmental authority, whether such reference be s pecific or by implication, shall mean the latest standard specification, manual, code or Laws or Reg ulations in effect at the time of the opening of bi ds (or, on the Effective Date of the Agreement if ther e were no bids), except as may be otherwise specifi cally stated. However, no provisions of any referenced s tandard specifications, manual or code (whether or not specifically incorporated by reference in the C ontract Documents) shall be effective to change the duties and responsibilities of City, Contractor or Engineer, or any of their consultants, agents or employees, from those set forth in the Contract Doc uments, nor shall it be effective to assign to the Engineer, or any of the Engineer’s Consultants, age nts or employees, any duty or authority to supervis e

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or direct the furnishing or performance of the work or any duty or authority to undertake responsibili ty for the Contractor.

4.04 Authority of the Engineer – The City has the f inal authority in all matters affecting the work. Within the scope of the Agreement, the Engin eer has the authority to enforce compliance with th e Plans and Specifications and the Contractor shall p romptly comply with instructions from the Engineer.

The decision of the Engineer is final and binding o n all questions relating to: quantities; acceptabil ity of materials furnished and work performed; equipment; work execution, rate of progress or sequence of work; and interpretation of the Plans, Specificatio ns, or other drawings. This shall be precedent to any payment under the Agreement, unless otherwise order ed by the City.

4.05 Contract Documents and Precedence - The Contra ct 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 precede nce 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 Endor sements, Worker’s Compensation Certification.
(f) Project Specifications, in the following order - A ddenda, Bid Proposal including all Bid Proposal Forms, Notice Inviting Sealed Proposals, S pecial 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 Specificat ions (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), Sta ndard Plans for Public Works Construction (2010 edition).

All of the individual components of the Contract Do cuments are intended to be complementary and what is required by one shall be binding as if required by all. Interpretation of a disputed mean ing or intent of the plans and specifications shall be mad e initially by the Engineer in accordance with the application of the order of precedence. Any final decision required regarding precedence and the clarification of discrepancies in the Contract Documents shall be made by the Engineer.

4.06 Interpretation of Specifications and Drawings - The specifications and the contract drawings are intended to be explanatory of each oth er. Any work indicated in the contract drawings an d 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 the reto are not sufficiently detailed or explained in these contract documents, including the contract drawings , the contractor shall apply in writing to the Engi neer for such further explanations as may be necessary a nd shall conform thereto as part of this contract s o far as may be consist with the terms of the contrac t. Should any doubt or question arise respecting t he true meaning of the specification, the Engineer shall make the final decision.

4.07 Figured Dimensions - Figured dimensions on the contract drawings shall in all cases be given precedence over scaled dimensions. If figure d dimensions do not correspond to scaled

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dimensions, contractor shall request Engineer to ve rify the accuracy of the figured dimensions. It sh all be the responsibility of the contractor to ascertain t he correct scale of all contract drawings that are in possession, including those which may have been reduced for reproduction.

4.08 Errors or Discrepancies - If the contractor, i n the course of the work, discovers any discrepancies between the drawings and the conditio ns of the ground, or any errors or omissions in the drawings or in the layout given by stakes, points o r instructions, shall have the duty to inform the Engineer immediately in writing, and the Engineer s hall 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 so on as practical after the execution of this contract, the contractor shall supply drawings of d evices to be furnished hereunder as are called for herein or as are required by the Engineer to make c lear the details of construction and to demonstrate fully that all materials and equipment comply with the intent and provisions of this contract. Unless otherwise herein specified, such drawings shall be submitted to the Engineer for review. Should the Engineer take exception with any drawings furnished by the contractor, the contractor shall make the revisions required, and resubmit them to the Engine er for review. After a satisfactory review by the Engineer, these drawings shall become a part of thi s 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 detailin g such items have been completed. The review of the drawings shall not relieve the contractor of responsibility, or waive or modify any of the provisions or requirements of this contract.

The Engineer's review of drawings submitted by the contractor will be for, and will cover, only generally conformity to the plans and specification s 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 subcontr actors which require review of the City's representative shall first be sent to the contracto r who shall keep a record of the drawing numbers an d the date of their receipt. Contractor shall submit the drawings to City's representative for review i n time to prevent delays in delivery of materials.

Contractor shall thoroughly check all such shop dra wings for measurements, size of member, materials and details to make sure they conform to the intent of the plans and specifications. Drawin gs 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 drawing s are intended to be comprehensive and to indicate in detail the scope of the work. However, the Engineer may furnish the contractor additional drawings during the progress of the work in order t o clarify and define in greater detail the intent o f the contract drawings or specifications. Contractor may request such detailed drawings by submitting a request in writing to the Engineer at least two (2) weeks in advance of the time they are required.

4.11 Lines and Grades - All work under this contrac t shall be constructed to the lines, grades and elevations shown on the contract drawings. Con tractor shall establish the lines, grades and elevations unless it is otherwise specified in the Special Provisions.

4.12 Record Documents – The Contractor shall keep a t the worksite a record copy of all Drawings, Specifications, Addenda, Written Amendmen ts, Change Orders, Work Directives, Field Orders and written interpretations and clarifications. Th ese record documents together with all approved submittals, samples and shop drawings will be avail able to the Engineer as a reference at all times. Upon completion of the work, these record documents will be delivered to Engineer.

4.13 Record Drawings –The Contractor shall prepare and update a master “as-built” set of red ink-lined plans, to be reviewed and approved by the Engineer at the end of every month. Drawings shal l contain information showing where actual installation differs from that shown on the original drawings, where

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underground or concealed features are found noting alignment (to 0.25’) and elevation (to 0.1’ ), fiel d changes or deletions of work, and any additional work by change order. Upon the project’s completion, and prior to the project’s acceptance, the Contractor s hall submit to the City the completed as-built reco rd Drawings on one (1) set of full size prints prepared on 22" x 34" paper.

Record Drawings are full size drawings (Plans) whic h marked up during construction to delineate the actual in-place constructed conditions. Record Drawings shall be provided by the Contractor for th is Project. Requirements for Record Drawings as specif ied elsewhere shall supplement the requirements specified herein.

4.14 Reuse of Documents - Neither the Contractor no r any Subcontractor or supplier or other person or organization performing or furnishing any of the work under a direct or indirect agreement w ith the City shall have any title or rights to any of t he Drawings, Specifications or other documents (or copies thereof) which bear the seal of the design engineer . Such documents shall not be reused on extensions of the project or for any other project without written consent of the City and the design engineer.

4.15 Subsurface Data – If completed, all soil and s oil test data, water table elevations, and soil analyses included or referred to in the Contract Do cuments apply only at the location of the test hole s and to the depths indicated. If completed, soil test r eports for test holes which have been drilled are a vailable for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.

The elevation of the water table indicated by soil test reports is that which existed on the date the test hole was drilled. It is the Contractor’s resp onsibility to determine and allow for the possibili ty of differing ground water elevations on the date of th e project’s construction. A difference in elevatio n between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered as a basis for extra work.

4.16 Right-of-Way – Acquisition of right-of-way or permanent easements necessary for the improvements as shown on the plans will be provided by the City. Unless otherwise provided, the Contractor shall make any required arrangements, p ay for, and assume all responsibility for acquiring , using, and disposing of additional work areas, ease ments, and temporary facilities required. Contract or shall identify and hold the City harmless from all claims for damages resulting from such actions.

4.17 Removal of Defective and Unauthorized Work - S hould the Contractor deliberately proceed with any portion or phase of construction w hich is obviously incorrectly indicated in the cont ract 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 plan s or established by the Engineer, or any extra work done without written authority.

All work that has been rejected shall be remedied o r removed and replaced by the Contractor in an acceptable manner and no compensation will be al lowed for such removal or replacement. If the Contractor fails to remedy rejected work within ten (10) working days after written demand, the City m ay, without prejudice to other remedies, sell such mate rials at auction or at private sale, or otherwise d ispose 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 liabl e to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.

4.18 Acceptance of Defective Work - The City shall have the option, at its sole discretion and by written notice to the Contractor, to accept defe ctive work instead of requiring its removal or corr ection, 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 defecti ve work. Such option shall be exercised solely by written notice to the Contractor and shall not be i mplied from any act or omission by the City or the Engineer. If the remaining payments and retention are insufficient to cover the amount of the reducti on of the contract sum, the Contractor shall promptly pay to the City the amount of any such deficiency.

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4.19 Submittals - Within ten (10) working days foll owing the Notice to Proceed, the Contractor shall provide a detailed list for review and approv al of all individual submittals required to be subm itted under the contract. The list shall reference the s pecification section and paragraph that requires th e submittal along with the date the Contractor plans to transmit the submittal to the City for review.

Unless otherwise requested by the Engineer, submit tals shall be provided electronically in .pdf format at least twenty-eight (28) calendar days pri or to the approval being necessary for the work.

Submittals shall be transmitted with a Submittal Co ver Letter form as approved by the Engineer. Large submittals consisting of reports, oversized or colo red pages, full sized shop drawings, manuals contai ned in binders, or submittals in other forms not easily reproduced shall be provided in hard copy format w ith six (6) copies.

For items requiring shop drawings, no materials sha ll be furnished, and no work shall be performed, until the drawings have been favorably r eviewed. Shop drawings shall be of a size and sca le 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 c ompatibility with future submissions and additional partial submissions for portions of the work not covered in this submission.

Does not constitute acceptance of deletion of speci fied 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 Engine er is interpreted to mean that there is substantial and acceptable conformance with the con tract plans, but details of design may not necessar ily be checked for adequacy or accuracy. Such acceptan ce shall not relieve the Contractor from the responsibility for errors or omissions in the shop drawings or from deviations from the contract docum ents unless such errors, omissions, or deviations were s pecifically called to the attention of the Engineer in writing. The Contractor shall be responsible for t he correctness of the shop drawings, for shop fits and field corrections, and for the results obtained by the use of such plans.

4.20 Substitutions – Proposed requests by the Contr actor for changes in products, materials, equipment, and methods of construction required und er the Contract Documents after the award of contract are considered "requests for substitutions .” For proposed “or equal” substitutions, attentio n 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 fo r accepting the substitution. (b) A comparison of significant qualities of the pr oposed substitution with those specified. (c) A list of changes or modifications needed to ot her parts of the work and to construction performed by the City and separate Contractors, tha t will be necessary to accommodate the proposed substitution.

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(d) A statement indicating the substitution's effec t on the Construction Schedule compared to the Baseline Construction Schedule without acceptan ce of the substitution. Indicate the effect of the proposed substitution on overall contract time. (e) Cost information, including a proposal of the n et 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 adequa tely 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 failur e of the Contractor to either transmit requests for substitution sufficiently in advance of the wor k, or on account of processing time outside the tim e limits noted.

4.21 Construction Staking Lines and Grades - Unless otherwise stated in the Special Provisions, the Contractor shall provide, preserve, and replace if necessary, all of the necessary construction stakes required for the construction o f the project. Grades for underground conduits wil l be set on the ground surface and shall then be transferred to the bottom of the trench by the Contractor.

Stakes or marks will be set by a California License d Surveyor or a California Registered Civil Engineer to establish the lines and grades required for the completion of the work as specified in the Contract Documents. It shall be the Contractor's r esponsibility to notify the Engineer of any discrep ancies found between field grades and notes shown within the Contract Documents.

Contractor shall furnish horizontal control and cut sheets to the Engineer immediately upon the setting of construction or boundary markers. Upon completion, all work shall conform to the lines, elevations, and grades shown on the plans.

4.22 Inspection of the Work - All work is subject t o inspection and approval of the Engineer.

Unless otherwise stated in the specifications, the City shall perform all required inspections. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Un less otherwise authorized, work shall be done only in th e presence of the Engineer. Any work done without proper inspection will be subject to rejection. T he Engineer shall at all times have access to the w ork during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the mater ials and workmanship are in accordance with the Contract Documents. Inspection of the work shall not relieve the Contractor of the obligation to ful fill all conditions of the contract.

If a portion of the work is covered contrary to the Engineer’s request or direction, or contrary to the requirements of the Contract Documents, it must , if required in writing by the Engineer, be uncove red for the Engineer’s observation and be replaced at C ontractor’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 a nd which the Engineer has not specifically requeste d to observe prior to it’s being covered, the Engineer m ay request to see such work and it shall be uncover ed and replaced by Contractor. If such work is in acc ordance 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 co ntract time, an appropriate adjustment of the contr act time shall be made by change order. If such work i s not in accordance with the Contract Documents, th e Contractor shall pay such costs and shall not be en titled to an adjustment of the contract time or the contract sum.

Regular working hours for City Construction Inspect ors are between 7:30 a.m. and 4:00 p.m., Monday through Friday, excluding City holidays. If the Contractor works outside these times, the Contractor may be charged for additional inspection . Inspection by the Engineer or by a City inspector , or

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any order measurement, approved modifications, cert ificate 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, shal l not operate as a waiver for any provision of this contr act or of any power reserved therein to the City, o r any right to damage thereunder; no breach of this contr act shall be held to a waiver of any or subsequent breach. All remedies shall be taken and construed as cumulative.

4.23 Testing - Unless otherwise stated in the Cont ract Documents, all required testing will either be performed directly by an independent laboratory coordinated and paid for by the Contractor. The Contractor shall submit the resulting certified tes t results and Certificates of Compliance for all ma terials requiring such as specified in the Technical Provis ion. Contractor shall cooperate with the City in coordinating the necessary testing. The coordination of testing, including the number and location of tests, shall be under the direction of the Engineer. All compaction test sites deeper than five (5’) feet be low grade shall be properly shored by the Contractor to protect testing personnel.

The cost for performing re-tests due to failures, or additional call-outs if work is not ready to test, will be charged to the Contractor. The City shall requi re retesting until all required tests are successfu lly passed.

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SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Order s - The Contractor recognizes that the City is a public agency and that it can only act th rough its duly authorized agents. In this regard, the Contractor agrees that only written change orders, executed by the governing body of the City, shall b e valid. The Engineer shall have no authority to iss ue 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 Ord ers - Unless a valid change order is issued, all changes in the work performed by the Co ntractor shall be at the Contractor’s own risk, and shall not be entitled to any additional compensatio n. Furthermore, the Contractor may be required to make the work conform to the plans and specificatio ns. No act or series of acts by the City during th e course of the contract shall be deemed to constitut e a waiver of the City’s right to rely upon the pro visions 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 Contract or, which do not materially affect the work and whi ch are not detrimental to the work or to the interests of the City, may be granted to facilitate the work , when approved in writing by the Engineer. If such chang es are granted, they shall be made at a reduction i n cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to t he Contractor to demand acceptance of such changes or to increase the contract sum or contract time as a result of the proposed change.

5.04 Effect of Extension of Time - The granting of any extension of time due to delays which, in the judgment of the City, are unavoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.

5.05 Letters of Instruction - The Engineer may issu e letters of instruction in the form of Field Orders, Clarifications, responses to Requests for I nformation, or any other document which makes interpretations or clarifications to the Contract D ocuments that do not modify the scope of work or in volve 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 careful ly study all pertinent figures shown in the Contrac t Documents and verify that all applicable field meas urements are free of conflicts, errors, discrepanci es, inconsistencies and omissions. If such conditions are discovered, the Contractor shall notify the Eng ineer by writing a Request for Information, and await direction from the Engineer before proceeding.

If the Contractor encounters a changed condition, a s defined by one or more of the conditions below, the Contractor shall notify the Engineer by writing a Request for Information before disturbing the condition further.

(a) Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined by Health and Safety Code, Section 25117 that is required to be removed to a Class I, Class II, or C lass 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 rec ognized 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 cha nged condition requiring direction. The Engineer w ill respond to the Contractor’s Request for Information within three working days, providing an interpreta tion, clarification or change order for an appropriate ad justment in contract time and cost pursuant to Gene ral Provisions, Section 5.07, and “Change Orders”. Con tractor shall wait for the Engineer’s written respo nse 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 discrepan cy in the Contract Documents, unless the Contractor ha d 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 know s or should know involves an error, inconsistency, ambiguity, or omission referred to in this Section, without notifying and obtaining the written consen t of the Engineer, Contractor shall be responsible for t he resultant costs, including, without limitation, the costs of correcting defective work. However, in an emergency affecting the safety of persons or prope rty, the Contractor shall take all reasonably necessary precautions to prevent or minimize damage, injury, or loss.

5.07 Extra and Omitted Work - Whenever corrections, alterations or modifications of the work under this contract are ordered and approved by the Engineer and increase the amount of work to be done, such added work shall be known as Extra Work. When such corrections, alterations or modifications decrease the amount of work to be don e, 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 ord ered involve extra or omitted work, Contractor shall immediately notify the Engineer i n 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 n egotiation or has not been agreed upon, the Contrac tor shall keep daily detailed and accurate records item izing each element of cost and shall provide certif ied payroll, invoices, and other substantiating records and documentation with records and/or claims for compensation to be provided no later than 30 days f ollowing the time in which the work claiming to be extra was performed.

Unless notification of extra work is documented, an d unless a complete statement of materials used and expenses incurred is furnished by the Cont ractor, 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 t he work that may be omitted.

5.08 Change Orders – At any time during the progres s of the work, and without in any way rendering void the Agreement, the City may order al terations, additions or deductions from the work by change order, without notice to sureties. When so ordered in writing, the Contractor shall proceed wi th work as directed by the change order.

The change order shall describe the change in the w ork, the adjustment of the contract sum (if any), and the adjustment of the contract time (if a ny). 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 receivin g a change order, the Contractor requests an extens ion of time, within five (5) working days the Contractor must file a written claim to that effect for consideration by the Engineer.

The process of submitting a proposed change, a cost proposal, or negotiating an agreed upon change order, or any failure to reach an agreement as to an adjustment in the contract sum or the

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contract time, shall not relieve the Contractor of the obligation to perform in accordance with the Co ntract Documents.

A change order may be in the form of a City directe d change order or an agreed upon change order. Upon the receipt of either form of change o rder, 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 th e City without the Contractor’s signature where the City d etermines that it is in the City’s best interest to proceed with the work, and the change d oes not materially alter the character of the work. The Contractor shall be deemed to hav e 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 followin g 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 r equest from the City for a written proposal for an agreed upon Change Order, the Contractor shall provide the Engineer with a cost proposal in a form satisfactory to the Engineer, setting forth the Contractor’s proposed adjustments to the contract sum and contract time for performing the extra work.

Compensation for agreed upon change orders shall be calculated based upon the unit prices stated in the Bid Schedule and no additional markup for overhead or profit will be provided unless stated otherwise as follows. If th ere are no unit prices for the extra work, the Contractor and the City may agree upon unit pri ces 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 alteration s to work covered by written specifications and drawings, but also for other work incidental or necessary to completing the work for which writt en specifications and drawings may be later prepared. Whenever an item o f work or materials is specified in the contract by unit price and is incr eased or decreased by more than 25 percent (25%), Section 9-1.06 of the Standard Sp ecifications shall govern payment. This Section allows for a renegotiation o f the unit price based upon consideration of the total pay item cost. If, howe ver, 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 wo rk, the Contractor and the City may agree upon unit prices or lump sum costs, by written change order, prior to commencing work. In the abs ence 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 performa nce of that work shall be paid in accordance with the 2010 State Standard Spe cification, 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 fi fteen-percent (15%) to the cost of equipment. These markups shall constitute full compensation for any and all overhead costs, profit, or other costs not specific ally designated as a cost of labor, material or equipment. When subcontractors perform force account work, an additional ten-percent (10%) markup shall be add ed to the total cost of the extra work to reimburse the Contractor for addition al administrative costs. No markup for any Subcontractor beyond the first tier shall be paid.

During the performance of extra work by Force Accou nt, and as a condition to the Contractor’s right to an adjustment of the cont ract sum, the Contractor shall prepare daily reports itemizing all costs for labor , materials, and equipment rental

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and provide certified payrolls. For labor costs, t he reports shall include names, job classifications, hours worked and rates of pay. For equipment costs, the reports shall include size, type, identification nu mber and hours of operation. All records and reports shall be submitted to the Engin eer for approval on a daily basis. Reports shall be made on the State of Calif ornia, Daily Extra Work Report Form or on a similar form approved by the Engineer.
i. Labor - Labor costs shall be based on the prevailing wag e 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, pe nsion, 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 material s 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 f urnished by the Contractor, sources of supply or, if necessary, to furnish the materials to the Contractor. No compensation will be paid to th e 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 rat e 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 applica ble. All equipment shall, in the opinion of the Engineer, be in good w orking order, good condition, and suitable for its purpose. Equipment or tools having a replacement value of $200.00 or less, whether or no t 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 nec essary services and expenditures other than labor, materials, and equipment rental.

5.09 Disputed Work - When the Engineer and Contract or fail to agree as to whether an alteration ordered by the Engineer constitutes a ma terial 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 Eng ineer, within ten (10) working days after receiving direction from the Engineer, a written protest deta iling the particulars of the dispute and the amount of additional compensation or time required for the al teration. Failure of the Engineer to recognize a c hange in the character of work when ordering alterations shall in no way be construed as relieving the Contr actor of the Contractor’s duty and responsibility for fil ing a protest as prescribed above. The City will n ot consider additional compensation for altered work u nless the Contractor files a written protest within ten (10) working days after receiving direction from the Engineer.

If the Contractor has complied with the notificatio n requirements of this sub-section, consideration of payment due shall be made as later determined th rough claim resolution procedures as set forth in General Provisions, Section 10, “Measurement and Pa yment”.

Although not to be considered as approval for proce eding under extra work provisions, the Contractor shall keep and furnish records of disput ed 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, par ts and equipment furnished by the Contractor in the work shall be new, high grade, an d free from defects. Workmanship shall be in accordance with generally accepted standards. Mate rials and workmanship shall be subject to the Engineer’s approval.

Materials and workmanship not conforming to the req uirements of these specifications shall be considered defective and will be subject to rejecti on. Defective work or material, whether in place o r not, shall be removed immediately from the site at the C ontractor’s expense, when so directed by the Engineer.

If the Contractor fails to replace any defective or damaged work or material after notice from the Engineer, the Engineer may cause such work or mater ials 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 a re 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, luminarie s, signal poles, heads, cable, controllers, pumps, etc.) shall be ordered within five (5) days after award o f the contract. Time extensions will not be grante d for project delays due to the unavailability of such sp ecialized material and equipment unless the Contrac tor furnishes the Engineer with documentation of purcha se order dates, acceptable reason for delay of delivery, or proof of diligent efforts to obtain said items from alternate sources.

The Contractor shall provide the Engineer with peri odic reports to inform the Engineer of any changes in the projected material or equipment delivery dates.

6.02 Protection of Work and Materials - The Contrac tor shall provide and maintain storage facilities and employ such measures as will preserv e the specified quality and fitness of materials to be used in the work. Stored materials shall be reason ably accessible for inspection. The Contractor sha ll also adequately protect new and existing work and equipment for the duration of the contract.

The Contractor shall not, without the City’s consen t, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been insta lled or delivered and which may be necessary for the completion of the contract.

6.03 Trade Names or Equals – In accordance with Pub lic Contract Code Section 3400, whenever any particular material, process, or equip ment 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 facilitati ng its description and shall be deemed to be followed by the words “or equal”.

Because products specified may have a uniqueness th at can’t be matched, the Contractor must “bid” the work based upon the products specified. If, during the submittal process, an equivalent pro duct is proposed by the contractor, the contractor shall provide data to show that the product is considere d equal. Contractor shall also identify any price di fferences, which shall be considered as part of the substitution and if accepted, shall result in an ap propriate credit or cost to the City by change orde r should the substitution be made.

Unless otherwise authorized by the Engineer, the pr oposed substitution must be submitted in sufficient time, before the normal use or installat ion of the material, process or equipment, for the Engineer to determine the equivalency and for the C ontractor to make any required purchases (including delivery).

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The Engineer shall be responsible for solely determ ining whether the material proposed for substitution is equivalent to that specified, and t he Engineer’s findings shall be final. If a substi tute offered by the Contractor is found to be not equal to the specified material, the Contractor shall fur nish 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 other wise specified, inspection may be required at the source for such typical materials and fabric ated items as bituminous paving mixtures, structura l 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. S pecial items of equipment such as designed electric al panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Special Provisions may specify additional inspection requirements.

6.05 Inspection of Materials by Others - When the C ity does not elect to make its own inspection at the source, the City may, at its expe nse, engage an inspector or accredited testing laboratory to inspect the materials, equipment or p rocess. The inspector or representative of the tes ting laboratory shall judge the materials by the require ments of the plans and specifications. No material s or equipment shall be shipped nor any processing, fabr ication or treatment of such materials shall be don e without a favorable inspection by the engaged agent . These materials shall be subject to re-inspectio n at the job-site.

6.06 Tests of Materials - Before incorporation into the work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the City. The materials for testing shall be delivered to the place by Contractor, and at the time designated, by the Engineer. Unless otherwis e provided by the Special Provisions, all testing sha ll be performed under the direction of the Engineer , and at no expense to the Contractor.

The Contractor shall notify the City in writing at least fifteen (15) days in advance of any intention to use materials for which tests are specified, to allow sufficient time for the City to perform the t ests. The notice shall name the proposed supplier and source of material.

6.07 Certification – The Engineer may waive materia l testing requirements of the Specifications and accept the manufacturer’s writte n Certificate of Compliance or test data demonstrat ing that the materials to be supplied meet the requirem ents of the specifications. A Certificate of Compl iance is acceptable for authorizing the use of steel pipe in sizes less than eighteen (18) inches and vitrif ied clay, cast iron or ductile iron pipe in all sizes. All m aterials used on the basis of a Certificate of Comp liance may be sampled or tested by the City at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Con tractor of the responsibility for incorporating mat erials in the work which conforms to the requirements of the Contract Documents.

6.08 Weighing and Metering Equipment – All scales a nd metering equipment used for proportioning materials shall be inspected for accu racy and certified within the past twelve (12) mont hs by the State of California Bureau of Weights and Measu res, by the County Director or Sealer of Weights an d Measures, or by a scale mechanic registered with or licensed by the County,

The accuracy of the work by a scale service agency, except as stated herein, shall meet the standards of the California Business and Profession s Code and the California Code of Regulations pertaining to weighing devices. A certificate of c ompliance shall be presented to the Engineer for approval prior to operation, and shall be renewed w henever required by the Engineer at no cost to the City.

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All scales shall be arranged so they may be read ea sily from the operator’s platform or area.

They shall indicate the true net weight without the application of any factor. The figures of the sca les shall be clearly legible. Scales shall be accurate to within one-percent (1%) when tested with the pl ant shut down. Weighing equipment shall be so insulate d against vibration or moving of other operating equipment in the plant area such that the error in weighing with the entire plant running will not exc eed two-percent (2%) for any setting nor one and one half percent (1.5%) for any batch.

6.09 Calibration of Testing Equipment – Testing equ ipment, such as but not limited to, pressure gages, metering devices, hydraulic systems , force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed twelve (12) months, and following repairs, m odification, or relocation of the equipment.

Calibration certificates shall be provided when requested by the Engineer.

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SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation - Pursuant to Gove rnment Code, Section 4215: “in any contract to which a public agency as defined in Sec tion 4401 is a party, the public agency shall assum e the responsibility, between the parties to the cont ract, for the timely removal, relocation, or protec tion of existing main or trunk line utility facilities loca ted on the site of any construction project that is the subject of the contract, if such utilities are not identifi ed by the public agency in the plans and specificat ions made a part of the invitation for bids. The contract do cuments shall include provisions to compensate the Contractor for the costs of location, repairing dam age not due to the failure of the Contractor to exe rcise reasonable care, and removing or relocating such ut ility facilities not indicated in the plans and specifications with reasonable accuracy and for equ ipment on the project necessarily idled during such work. The Contract documents shall include provisi ons that the Contractor shall not be assessed liquidated damages for delay in completion of the p roject, when such delay was caused by the failure o f 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 Protec t Subsurface Infrastructure - The Contractor shall locate and protect service laterals, conduits , and appurtenances of any underground facility, th e presence of which could be reasonably inferred from the Contract Documents or from the presence of visible facilities such as buildings, meters, and j unction boxes, prior to doing any work that may dam age any such facilities, or interfere with their servic e. Where underground main distribution conduits, s uch as water, gas, sewer, electric power, telephone, or ca ble television are shown on the plans, the Contract or 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 t he protection of underground infrastructure as set forth in Government Code, Sections 4215 through 4216.9.

It shall be the Contractor’s responsibility to comp lete all work in a manner that satisfies utility company standards, providing if requested, detailed plans prepared by a California Registered Civil Engineer showing necessary temporary support of uti lities during coordinated construction work. The Contractor is directed to contact these agencies be fore 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 ho ld the City of San Carlos, its officers, and employees harmless from any damages resulting from the existence of underground utilities and structures not reported to the Engineer, not indica ted 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 wo rk. All available information regarding removal, relocation, or disconnection of utilities, or insta llation of new utilities, will be furnished to pros pective bidders before the receipt of bids. The Contractor shall immediately report to the Engineer those uti lities omitted from the plans or found substantially at variance with the location shown.

Existing and proposed utilities and improvements ar e 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, indic ated by field locating services, or evidenced by fa cilities visible in the field. No additional compensation w ill be allowed for delays incurred as a result of t he 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 locatio n of their substructures. Contractor shall contact Underground Service Alert (USA) at (800) 642-2444 a nd the Engineer at least forty-eight (48) hours pri or to excavation. The location of utilities as shown on the plans are approximate and are not to be

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construed as certainty. It shall be the Contractor ’s responsibility to determine the true location an d depth of all utilities and service connections affecting or conflicting with the work, prior to the performa nce 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 wil l be made. Contractor shall be familiar with the type, material, age and condition of any utility which ma y be affected by the work.

7.04 Protection - As necessary or as directed by th e Engineer, the Contractor shall field adjust proposed improvements to avoid conflicts with exist ing improvements. The Contractor shall not interru pt 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 e xisting underground, overhead and at-grade utilities (including their associated structures an d service connections) as shown on the plans, at th e 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. Whe n authorized by the Engineer, additional protection m ay be paid by change order, for utilities other tha n a service connection.

The Contractor shall immediately notify the Enginee r and the utility owner when Contractor disturbs, disconnects or damages any utility. If t he 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 u tility, at the Contractor’s expense, a cushion of expansion joint material, clear opening, sleeve, or other suitable material approved by the Enginee r so as to prevent embedment or bonding of the utility with the concrete shall be furnished and installed.

7.05 Shut Down Notification – The City is in-charge of the sewer and storm water collection systems, traffic signals and street lighting system and as such the Contractor shall coordinate shut downs of these utilities and facilities with the City’s Engi neer and Public Works Maintenance Department. The Contractor shall also coordinate the shutdown of al l other utilities, including, but not limited to wa ter, electricity, gas, communications, or CATV with the corresponding utility owner.

Shut downs of any utility or other facility, when allowed, shall be done only after:

A. The Contractor has submitted a draft notificatio n letter and the City has approved the notification letter. The City will have one week from the submit tal date, to review and make suggested changes, and,
B. Has properly notified customers (residents, busi nesses/agencies) emergency response staff by U.S. Mail, and,
C. Has all materials required for the work at the j ob site prior to requesting a shut off.

Except for scheduled shutdowns and in cases of emer gency, the Contractor shall notify all customers and effected parties of a shutdown at lea st forty-eight (48) hours in advance by writing and four (4) hours in advance by person to allow adequa te draw time. Once shut down, the Contractor shall proceed with the work in an expedient manner until the water lines or sewer lines are back in service.

7.06 Removal - Unless otherwise specified, the Cont ractor shall remove all portions of interfering utilities shown on the plans as ‘abando ned’ or “to be abandoned in place”. Before startin g removal operations, the Contractor shall ascertain from the utility Owner whether abandonment is complete. The costs involved in the removal and di sposal of utilities to be abandoned shall be consid ered as part of the contract bid items, and no separate payment will be made.

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7.07 Relocation - When feasible, the utilities with in the area affected by the work will complete their necessary installations, relocations, repairs , or replacements before commencement of work by th e Contractor. When the Contract Documents or plans i ndicate that a utility is to be relocated, altered or constructed by others, the City will conduct all ne gotiations with the utilities and the work will be done at no cost to the Contractor.

Utilities interfering with the permanent project wo rk, discovered after the award of the contract, shall either be relocated, altered, or reconstructe d by the utility, or the Engineer may order changes in the work to avoid interference. Such changes will be p aid for in accordance with General Provisions, Sect ion 5, “Changes in Work”.

When the plans or specifications provide for the Co ntractor 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 Contra ctor 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 discon nect and reconnect interfering service connections. The City shall not be involved in any such agreement.

7.08 Delays - The Contractor is responsible for not ifying utility companies in time to prevent delays attributable to utility relocations or alter ations as called for in the Contract Documents. Th e Contractor shall not be entitled to damages or addi tional payment if such delay does occur. The Engin eer 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 s hall conduct toperations so as to permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.

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SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed - Within twenty-one (21) cal endar days following receipt of the signed agreement, bonds and insurance, the City shall issu e the Contractor a Notice to Proceed provided that the documents are acceptable to the City. Unless s tated otherwise, the contract time shall commence upon the receipt date on the Notice to Proceed.

8.02 Commencement of Work - Work shall commence wit hin 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 c oordinate the scheduling and timing of administrative duties with other activities to avoi d conflicts and to ensure orderly project progress. Such activities include, but shall not be limited to, th e preparation of construction schedules, preparatio n and processing of submittals, requests for information and responding to requests for quotations, attendin g and preparing for progress meetings and coordinating project closeout activities.

8.05 Baseline Construction Schedule – Within ten (1 0) calendar days of the Notice to Proceed, the Contractor shall submit to the Engineer an acce ptable Critical Path Method (CPM) progress schedule showing the critical path for completing the variou s items of work within the number of contract days specified. The schedule shall show the order in wh ich 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 schedu le shall be resource loaded to reflect person/crew hours and equipment loading for various constructio n activities in order for the City to better evalua te the proposed schedule.
(a) City Review of Schedule – The City may review and note exceptions to the C ontractor’s schedule, if it is not sufficiently detailed to cle arly show the work to be completed during each month to assure the completion of the work wit hin the project duration. The Contractor will be solely and exclusively responsib le for resolving any exceptions, and the City’s review will not create any scheduling obliga tions 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 f or which the schedule has been prepared and reflect any proposed changes in the me thod 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 designat ed as “float”. The float will be assigned to the project and available for the City, at the Engineer’s discretion, to allocate the “float” to the Contractor as needed to complete the work in accordance with the agreement.
(d) Failure to Submit Schedule – If the Contractor fails to submit a schedule with in the time periods specified in this sub-section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payme nts to the Contractor until such schedule is submitted and/or corrected in accordanc e with the Contract Documents.

8.06 Three-Week Look Ahead Schedule - The Contracto r is required to furnish to the Engineer, on a weekly basis at the project’s progre ss meetings, a three-week look ahead schedule. The

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schedule must show planned activities in sufficient detail to allow proper monitoring of the planned construction activities.

8.07 Construction Sequence - The Contractor shall p repare and submit at the pre-construction meeting a staging or phasing plan identifying the s equence of construction work and traffic control needed to complete the project. The staging plan s hall be subject to review and approval by the Engineer, prior to the start of construction. The goal of the phasing plan will be to minimize impact s 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 condi tions throughout the project site shall be photographed and/or videotaped by the Contractor be fore starting construction. Recording shall includ e and show every detail of existing improvements, inc luding the current condition of the curb, gutter, sidewalk, signs, landscaping, streetlights, structu res near the project including face of buildings, c anopies, shades, fences and any other features within the li mits of work. Photos and/or videotape shall be delivered to the Engineer at the pre-construction meeting.

8.09 Preconstruction Conference - The City shall de signate 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 proce dures and project coordination issues. At a minimu m, 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 i nformation including telephone numbers to be used in case of emergency
(c) Sequence or phasing plans identifying the phasi ng of construction work and any alternative sequences for consideration.
(d) Traffic control plans associated with the stagi ng plans (to be signed and stamped by a Licensed Traffic Engineer).
(e) A draft of the master Baseline Construction Sch edule, 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 submit tals that will need to be reviewed and a listing of proposed material suppliers.
(h) Utility company coordination and/or permit issu es. (i) Videotape and/or photography of the project’s e xisting condition (to be completed prior to starting construction.
(j) Anticipated cash flow projections, if requested by the engineer.

8.10 Progress Meeting - The Contractor, Job Superin tendent and Subcontractors, if requested by the City, shall attend weekly progress meetings to be scheduled by the Engineer at a time agreeable to both the Engineer and the Contractor. Contracto r shall also attend special meetings in addition to regular progress meetings if necessary and directed by the Engineer.

8.11 Hours of Construction - Construction activitie s shall be limited to the hours of 8:00 a.m. to 6:00 p.m., unless otherwise noted or further restri cted in the Contract Documents, or as directed by t he Engineer. No work shall be done on weekends, holid ays or outside these specified hours, unless otherwise approved by the Engineer. The Contractor shall take into consideration and coordinate time constraints for special events or activities organi zed by the City or other agencies. No mechanical equipment, including hauling or deliveries by truck s, shall start before 8:00 a.m. and all equipment m ust shut down before 6:00 p.m. unless approved by the Engineer.

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8.12 Prosecution of Work - To minimize public incon venience and possible hazards and to restore the streets and other work areas to their o riginal condition and former state of usefulness as soon as practicable, the Contractor shall diligently pro secute the work to completion. If, in the Engineer ’s opinion the Contractor fails to prosecute the work to the extent that the above purposes are not being accomplished, the Contractor shall, upon orders fro m the Engineer, immediately take the steps necessar y to fully accomplish said purposes. All costs for p rosecuting the work as described herein shall be absorbed in the Contractor’s bid. Should the Contr actor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engin eer to do so, the Engineer may suspend the work in whole or in part, until the Contractor takes said s teps. With or without such suspension, the Enginee r may cause such steps to be taken by force account o r by other means at the Contractors expense.

8.13 Suspension of Work - Work may be stopped or su spended in whole or in part for up to ninety (90) days when, in the Engineer’s opinion, t he suspension is necessary and in the interest of t he City. The Contractor shall immediately comply with any written order of the Engineer suspending work.

Such City directed suspension shall be without liab ility to the Contractor on the part of the City.

Suspended work shall be resumed upon written order of the Engineer. An extension of contract time equal to the period of suspension shall be issued t o 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 Contr actor, all expenses and losses incurred by the Contractor during such suspensions shall be borne b y the Contractor. If the Contractor fails to prope rly 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 f rom monies due the Contractor. Such action will no t relieve the Contractor from any liability.

8.14 Default by the Contractor and Termination of C ontrol - 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 g eneral 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 Co ntractor’s insolvency, or (d) If the Contractor fails to provide enough prope rly skilled workmen or enough materials to insure compliance with the construction time schedule, or (e) If the Contractor fails to perform any portion of the work within the timing requirements of the Contract Documents, or abandons the project site, or (f) If the Contractor disregards instructions from the Engineer or violates any provision of the contract, or
(g) If the Contractor fails to replace or repair an y damage caused by the Contractor or its agents, representatives, contractors, subcontractor s, or employees in connection with the performance of the work, or
(h) If the Contractor violates any legal requiremen t related to the work.

In case of default, the City may give written notic e to the Contractor and the Contractor’s bonding agent that if the default is not remedied within te n (10) calendar days or the Contractor does not pro vide adequate written assurance to the satisfaction of t he Engineer that the cure will be forthcoming, the Contractor’s control over the work may be terminated as of the date specified in the written notice.

Upon such termination of control the City may enter upon and take possession of the entire work and may also take possession, for the purpose of co mpleting the work, of all of the Contractor’s tools , equipment and appliances upon the work, and all mat erials on the site or stored off-site for incorpora tion into the work. The City may, at its sole option an d without further notice to anyone, complete the wo rk by

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day labor, by contract entered into by negotiations , by competitive bidding, by calling upon the performance of the performance bond surety, or by o ther 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 c ontract until the entire work thereunder has been f ully completed and finally accepted by the City. After such completion and acceptance, if the “unpaid bala nce of the contract price” (as defined in the next para graph) exceeds the sum of the amounts expended by the City in taking over and completing the work, in cluding all managerial and administrative expense incurred by the City on account thereof and the amo unt of all damages incurred by the City by reason o f 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 differen ce. At the Contractor’s request, the expense incurred by t he City in taking over and completing the work, and the amount of any damage incurred by the City by re ason of the Contractor’s default shall be audited a nd certified by an independent third party, whose cert ificate thereof shall be binding and conclusive upo n the parties.

For the purposes of the computations required by th e 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 p ayments made on account thereof prior to such termination, and less any and all amounts withheld or paid pursuant to stop notices filed with the Cit y upon claims of subcontractors or others from equipm ent, labor or materials furnished to the work on behalf of the Contractor.

Upon completion and acceptance of the work, the Con tractor shall be entitled to the return of all materials not used in the work, but without claim a gainst the City for loss or damage with respect the reto, and shall be entitled to the return of all the equi pment, tools and appliances taken possession of by the City, but without claim against the City for any ch arge for the use thereof or for usual and ordinary depreciation and wear and tear.

The exercise of remedies provided for in this sub-s ection, for default by the Contractor, shall be in addition to, and shall not be deemed a waiver by th e 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 C ontract – The Contractor may give written notice to the Engineer of intention to stop work or terminate the Agreement, or both if the work shoul d be stopped by order of any court or other public autho rity, through no act, omission or fault of the Cont ractor or any Subcontractor, agent or employee of the Cont ractor, 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 Cit y of any of the above defaults, the City does not remedy the default within ten (10) calendar days, t he Contractor may stop work and may give the City written notice of contract termination. The Contra ctor may then recover from the City payment for all work executed to date and any loss sustained upon any eq uipment or materials procured for the work prior to the work stoppage. No compensation for loss of ant icipated profits will be provided, however, on work not completed. The Contractor’s right to recovery shal l be subject, however, to the duty of the Contracto r 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 cla ims for damages, including loss of anticipated prof its, on account thereof; and, as the sole right and reme dy of the Contractor, the City shall pay the Contra ctor in accordance with this sub-section. Upon terminat ion, the obligations of the Contractor for portions of the work already performed shall continue.

(a) Upon receipt of a Notice of Termination, the Co ntractor shall, unless the notice directs otherwise, do the following:

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1. Immediately discontinue the work to the extent s pecified in the notice.

2. Place no further orders or subcontracts for mate rials, 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 rea sonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the work.

4. Thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect materials, plants, and equipment on the project site or in transit thereto.

(b) Upon such termination, the City shall pay to t he Contractor as a sole and exclusive remedy for the termination, the sum of the followin g, and the Contractor will be entitled to no other compensation or damages, and expressly wai ves same:

1. The amount of the contract amount allocated to t he portion of the work properly performed by the Contractor as of the date of termi nation, less sums previously paid to the Contractor, plus

2. Previously unpaid costs of any items delivered t o 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 wha t would have been incurred if work were not terminated, plus

5. Reasonable costs for preparing a statement of t he aforesaid costs, expenses, and losses in connection with such termination.

The City may terminate the Agreement at its own dis cretion 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 Cont ractor shall diligently prosecute and fully complete the work within the number of calend ar 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, an d 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 holida ys and inclement weather delays are to be anticipated and unless there is a deviation from wh at is customary for the time of year the project is under construction, no additional days will be granted. Every day, including holidays, Saturdays and Sunday s shall be counted as a day charged under a calendar day contract.

Under a working day contract, the Contractor will b e given credit for City observed holidays and inclement weather delays, in accordance with the St ate Standard Specifications. Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weathe r, or the conditions resulting from the weather preven ts the work from beginning at the usual starting ti me and the crew is dismissed as a result thereof and t he Contractor does not proceed with at least sevent y- five percent (75%) of the normal labor and equipmen t force engaged in the current controlling operatio ns for at least sixty percent (60%)of the total daily time being currently spent on the controlling opera tions, 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 Contract or, by execution of the agreement, each agree that time is of the essence in the performanc e of the work, and that actual damages for

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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 speci fied in the Notice to Bidders, that liquidated damages shall be assessed for each and every calend ar day required to complete the contract in excess of the contract time established for the project, a nd that the amount stated therein is a reasonable estimate of the amount of such damages. The Engine er may deduct any liquidated damaged owed to the City, as determined by the Engineer from any paymen ts otherwise payable to the Contractor under this agreement.

In addition, the City shall have the right to charg e to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such delay, except that the cost of final surveys a nd preparation of the final estimate shall not be included in such charges.

Separate from the above-mentioned liquidated damage s, 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 rig hts or remedies against Contractor for any default other than failure to complete the work wit hin the contract time. This provision for liquidat ed damages shall not be applicable nor act as a limita tion upon the City if the Contractor abandons the w ork.

In such event, the Contractor shall be liable to the City for all losses incurred.

The date of the Engineer’s Certificate of Substanti al 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 complet ion of the work which result from causes beyond the control of the Contra ctor 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 Co ntractor’s subcontractors. Excusable Delays fall into the following categories:

1. Abnormal Delays – Excusable Delays caused by act s of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials insofar as th ey 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 incleme nt weather conditions or the conditions resulting from weather prevent the Contr actor 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 p roof to the Engineer. For the proof to be satisfactory, the Contractor must demon strate that every effort to obtain the materials from all known sources within reasonable reach of the proposed work has been made. Only the physical sho rtage 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, o r economical price, unless it is shown to the satisfaction of the Engineer that such material was only available at exorbitant prices. A material shortage delay will not be considered for material

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ordered or delivered late or for material whose ava ilability 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 prosecuti on 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 nor mal labor and equipment force for at least five (5) hours per day toward completion of t he 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 inaction s of the City.

2. Delays due to changed conditions as defined in G eneral Provisions, Section

5.05, “Requests for Information, Inconsistencies and Changed Conditions”.

3. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the work as defined above.
(c) Inexcusable Delay - means any delay in the completion of the work be yond the expiration of the contract time resulting from causes other th an 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 th e 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 t he work is delayed during the same period of time due to causes from a combination of the delays defined as Excusable, Compensable or Inexcusable.

If the Contractor desires an extension of time, he shall file a written request based upon the delays reported. The Engineer will ascertain the f acts, the extent of the delays, and the effect upon the entire project, and the City will grant an extensio n of time equivalent to verified time lost. The re quest for an extension of time must be made no later than ten (10) working days after the start of the condition that purportedly caused the delay, and no later than fif teen (15) working days after the date on which performance on the condition purportedly causing the delay has ended.

Contractor may make a delay claim for an extension of the contract time for an Excusable Delay or a Compensable Delay. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the contract time shall be the number of calendar days from the commencement of the first delay to the cessation of the delay which ends last. If an Inexcusable Delay occurs concurr ently with either an Excusable Delay or a Compensable Del ay, the maximum extension of the contract time shall be the number of calendar days, if any, by wh ich the Excusable Delay or the Compensable Delay exceeds the Inexcusable Delay.

For a Compensable Delay, the Contractor may make a delay claim for an adjustment in the contract sum in an amount equal to the sum of the a ctual and unavoidable additional costs of labor, material, and equipment furnished at the site by th e Contractor or subcontractors, including wages, salaries, fringe benefits and payroll taxes.

Extensions of time, when granted, will be based upo n the effect of delays to the project as a whole and will not be granted for non-controlling d elays to minor portions of the work unless it can b e shown that such delays did, in fact, delay the prog ress of the project as a whole. For purposes of determining delays, all float associated with the p roject schedule shall belong to the project. See G eneral Provisions, Section 8.05, “Baseline Construction Schedule”.

If delays are caused by unforeseen events beyond th e control of either the Contractor or the City, such delays will entitle the Contractor to an exten sion of time as provided herein, but the Contractor shall not be entitled to damages or additional payment du e to these delays. War, governmental regulations, labor disputes, strikes, fires, floods, adverse wea ther necessitating cessation of work, other similar action of the elements, inability to obtain materials, equ ipment, or labor because of Federal Government

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restrictions arising out of National Defense, requi red extra work, action or inaction by the City, or other specific reasons as may be further described in the specifications may constitute such a delay. If de lays beyond the Contractor’s control are caused by reaso ns other than those mentioned above, but are substantially equal in gravity to those enumerated, an extension of time may be granted, if deemed by the Engineer to be in the best interests of the City.

The Contractor shall be entitled to an extension of time if delayed due to a failure of the City to furnish necessary right-of-way or materials which t he City agreed to furnish, or by the City’s failure to supply necessary plans or instructions concerning the work, after written request by the Contractor.

For Compensable Delay periods resulting in indirect overhead expenses, the Contractor shall be reimbursed as provided for in General Provisions, Section 5, “Changes in Work”.

8.20 Substantial Completion – When work in accordan ce with the Contract Documents has progressed to a stage of one-hundred percent (100%) complete, as determined by the Engineer, except for the completion of minor punch list items of def iciencies or omissions in the work which require correction in order to satisfy the agreement, yet d o not impair the City’s ability to occupy and fully utilize the work for its intended purpose, the project shal l be deemed “Substantially Complete”. Portions of the work may also be designated by the City as substant ially complete if the Contract Documents require separate delivery.

When the Engineer determines that the work or such designated portions of the work are substantially complete, the Engineer will prepare a nd sign a Certificate of Substantial Completion. Th e date of substantial completion shall establish the date at which days charged against the project dura tion shall terminate. The date of substantial completio n shall also establish the date of occupancy by the City and the transfer of responsibility from the Contrac tor to the City for such items as security, mainten ance, heat, utilities, insurance, and damage to the work from causes other than that of the Contractor. Unl ess otherwise indicated in the Certificate of Substanti al Completion, the Contractor’s guarantee for the w ork shall commence upon the date of substantial complet ion. See General Provisions, Section 11.01, “Contractor’s Guarantee”.

8.21 Project Closeout - After the Contractor has re ceived the Certificate of Substantial Completion and has only minor work remaining, proje ct closeout may begin. The following items and procedures are required as part of the project close out process. (a) Following the completion of punch list items, the Contractor shall make a written request to the city to conduct a final inspection. The w ritten request shall be accompanied by a Certification that the work has been performed in a ccordance with the Contract Documents.
(b) Within fourteen (14) days of receipt of the Contra ctor's Certificate of Completion, a final inspection will be scheduled and conducted by the C ity. As a result of the inspection, the City will advise the Contractor of any work that mu st be completed or corrected before Acceptance, in the form of a punch list.
(c) The City will conduct a re-inspection of the punch list items within when requested by the Contractor, in writing, with assurances that the pu nch list requirements have been met.

Any charges by a Consulting Engineer/Architect hire d by the City to do repeat re- inspection of the punch list may be recovered from the Contractor. (d) The contractor shall provide a final payment reque st with lien releases (if applicable) in a format acceptable to the City.
(e) The as-built drawings and all record documents and shall be provided to the City by the Contractor including but not limited to, equipment operation and maintenance manuals, copies of warranties, shop drawings, product data, etc. Record documents shall be properly identified and organized into binders.

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8.22 Final Completion - After the Contractor has re ceived the Certificate of Substantial Completion along with the punch list, and has compl eted the items identified as necessary for project closeout, the Engineer will make a determination as to if the work is fully completed and in accordanc e with the Contract Documents. If so, the Engineer will recommend final acceptance to the City Council.

Should it become necessary, due to developed condit ions, for the City to occupy any portion of the work, or any part of any structure or equipment , before the contract is completed or accepted, suc h occupancy shall not constitute an acceptance of any part of the work, unless so stated in writing by t he City.

8.23 Final Acceptance – Final acceptance by the Eng ineer will be considered after the work has been fully completed. A Notice of Completion w ill be filed with the County Recorder once Final Acceptance has been made.

8.24 Risk of Loss - The Contractor shall be respons ible for the charge, care and protection of the project and shall bear all risks of injury or d amage to the work, materials or equipment delivered to the site, by any means including fire, earthquake, wind , storm or other action of the elements, vandalism, or loss by theft, from the date of Notice to Proceed t o the date of the filing of the Notice of Completio n by the Engineer. The Contractor shall rebuild, repair, re store and make good all injuries or damage to any portion of the work, and shall bear the entire expe nse thereof, except such injuries or damages that a re caused by riot, insurrection, acts of the Federal or State Government, or a public enemy in time of war.

8.25 Use of Improvements During Construction - The City reserves the right to take over and utilize all or part of any completed facility or ap purtenance. Such action by the City will not relie ve the Contractor of responsibility for injury or damage t o said completed portions of the improvement result ing from use by public traffic, from the action of the elements or from any other cause attributable to th e Contractor’s operations or negligence. The Contrac tor will be required to restore such portions of th e improvement before final acceptance. Nothing in th is Section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.

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SECTION 9 —RESPONSIBILITIES OF THE CONTRACTOR

9.01 Contractor’s Responsibility for the Work - The Contractor shall supervise, coordinate, and direct the work using Contractor’s best skill and a ttention. Contractor shall have control over and b e solely responsible for construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the work in accorda nce with the terms of the Contract Documents until the completion and final acceptance of the work by the City. The Contractor shall furnish and maintain in good condition all equipment and facilities as requ ired for the proper execution and inspection of the work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

The Contractor shall rebuild, repair, restore and m ake good all injuries, damages, re-erections and repairs occasioned or rendered necessary by cau ses of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, excepting as otherwise stipulated.

9.02 Contractor’s Responsibility for Subcontracted Work - The City will deal directly with, and make all payments to the Contractor only. The Cont ractor shall be responsible for the coordination of all trades, subcontractors, and suppliers engaged upon the work. Neither the City nor the Engineer will undertake to settle any differences between the Contractor and the subcontractors.

All persons engaged in the work, including subcontr actors, will be considered as employees of the Contractor. The Contractor will be held respon sible for their work and shall be responsible to th e City for acts and omissions including those by their respective agents and employees.

When subcontracted work is not prosecuted in a mann er satisfactory to the Engineer, the Contractor shall be notified to take corrective act ion within a specified time. If timely correction is not made, then upon receipt by the Contractor of writte n instructions from the Engineer, the Subcontractor shall be removed immediately from the work and shall not be reemployed.

9.03 Superintendent - The Contractor shall employ, and provide a written letter designating a superintendent and/or representative and all their contact information. The superintendent and/or representative shall be present on the job site whenever work is in progress to coordinate all work with the City and neighboring property owners, and who shall be available by phone twenty-four (24) hours per day, seven (7) days a week up to the Final Acceptance of the work by the City. A backup representative may also be provided. A joint venture shall designate only one Superintendent.

City approval of the Superintendent is required prior to starting work. The City reserves the right to request an appropriately qualified replacement of t he Superintendent any time during construction of t he project. Contractor shall provide the Engineer wit h the Superintendent’s telephone number, along with an after-hours emergency contact number of a responsib le person who shall correct hazardous situations, should they occur, during times other than the normal working hours.

Directions and information given to the Superintend ent shall be considered as having the same effect as if delivered to the Contractor and the Superintendent shall have full authority to execute t he same and to supply materials, tools and labor without de lay, and who shall be the legally appointed representative of the contractor. Contractor shall be liable for the faithful observation of any inst ructions delivered to Contractor’s duly appointed representatives.

9.04 Character of Workers - Contractor shall provid e competent, fully qualified personnel to perform the work and shall at all times maintain go od discipline and order among its employees and Subcontractors. Any employed person or Subcontract or who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable or who fails or refuses to perform the work properl y and acceptably, shall be immediately removed from t he work by the Contractor and shall not be reemployed. Such discharge shall not be the basis of any claim for compensation or damages against the City of San Carlos or any of its officers, employees or agents.

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9.05 Laws to be Observed - The Contractor shall be fully informed of, and at all times observe and comply with all Federal, State and County law s, including those of CAL-OSHA; all municipal ordinances and regulations of the City of San Carlo s; and all orders and decrees of bodies having jurisdiction over the work. The Contractor shall a lso cause all agents and employees engaged on the project to observe and comply with all such laws, a nd shall protect and indemnify the City of San Carl os and all officers, employees, and agents thereof con nected with the work against any claim or liability arising from or based on the violation of any such law
(a) Non-Discrimination – Attention is directed to Labor Code, Section 173 5 which reads as follows: “No discrimination shall be made in the e mployment of persons upon public work because of the race, religious creed, color, nation al origin, ancestry, physical handicap, medical condition, marital status or sex of such pe rsons, except as provided in Government Code, Section 12940 and every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.” (b) Noncitizen Labor - The Contractor shall forfeit as penalty to the C ity of San Carlos fifty dollars ($50.00) for each noncitizen with no permit to work in the United States of America (USA) knowingly employed in the contract, b y Contractor or by any hired Subcontractor upon any of the work herein mentioned , for each calendar day, or portion thereof, during which such noncitizen is permitted or required to labor in violation of the provisions of the Labor Code and in particular Sections 1850 to 1854 thereof, inclusive. (a) Hours of Labor – Hours of labor shall be pursuant to Labor Code, Sections 1810.

San Carlos City CouncilApril 13, 2026

San Carlos City Council
April 13, 2026