San Carlos City Council
June 22, 2026

CITY OF SAN CARLOS
City Council/Successor Agency to the
Redevelopment Agency/Housing Authority
Regular Meeting
June 22, 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. To 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
a. Present a Proclamation Recognizing July 2026 as Parks and Recreation Month. b. Present a Proclamation Recognizing June 21 – 27, 2026 as National Mosquito Control Awareness Week and Receive a Presentation from San Mateo County Mosquito and Vector Control District on the Services They Provide to the Community.

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

8. PUBLIC COMMENT
Persons wishing to address the City Council on matters NOT on the posted agenda may do so. Each speaker is limited to two minutes; however, speaking time may be reduced at the Mayor’s discretion based on the number of speakers. General Public Comment may also be limited to a total of 30 minutes, with any remaining public comment heard at the end of the agenda, if time permits.

If the item you are speaking on is not listed on the agenda, please be advised that the City Council may briefly respond to statements made or questions posed as allowed under the Brown Act (Government Code Section 54954.2). The City Council's general policy is to refer items to staff for attention, or have a matter placed on a future City Council agenda for a more comprehensive action or report and formal public discussion and input at that time.
2 9. CONSENT CALENDAR
a. Motion to Waive Reading of All Ordinances.
b. Approve the City Council May 11, 2026 Regular Meeting Minutes. c. Approve the City Council May 26, 2026 Special Meeting Minutes. d. Accept a Report on City Compliance with Senate Bill 707. e. Adopt a Resolution Approving and Authorizing the Execution of an Amendment to the Existing Cooperation Agreement with the County of San Mateo for Participation in the County’s Housing and Community Development Programs for Non-Entitlement Cities as Required by the U.S. Department of Housing and Urban Development.
f. Adopt a Resolution Approving a Consulting Services Agreement with Housing Endowment and Regional Trust of San Mateo (HEART) to Support the City’s Housing Programs.
g. Adopt a Resolution Authorizing the Execution of a Short-Term, Month-to-Month Lease Agreement with HIP Housing for Temporary Use of City-Owned Office Space at the San Carlos Library to Support Leasing Activities for the Cherry Street Commons Project at No Charge.
h. Adopt a Resolution Awarding the Library Elevator Upgrade Project (C2518); Approving the Use of the Library Excess Trust Fund in the Amount of $350,000; Authorizing the Execution of an Agreement with W.E. Lyons Construction Co. in the Amount of $458,500; and Authorizing the Expenditure of a Contingency in the Amount of $68,775 for a Total Not-to-Exceed Contract Amount of $527,275. i. Adopt a Resolution Accepting the 2025 Pavement Maintenance Project (C9416) and Authorizing the Public Works Director to Issue and Record a Notice of Completion.
j. Adopt a Resolution Approving the Plans and Specifications for the 2026 Sewer Rehabilitation Project (C9617) and Authorizing a Call for Bids. k. Adopt a Resolution Accepting the San Carlos Avenue Pedestrian Safety Improvement Project - Phase III (C1806) and Authorizing the Public Works Director to Issue and Record a Notice of Completion.
3 l. Adopt a Resolution Approving the Submittal of Annual Property Assessments to San Mateo County for the National Pollutant Discharge Elimination System Stormwater Fees; Pulgas Creek Levee Assessment Fees; and Sewer Service Charges for Fiscal Year 2026-2027.
m. Adopt a Resolution Authorizing the Execution of an Agreement with MGT Impact Solutions, LLC for Network Infrastructure Equipment and Services for the Network Infrastructure Modernization Project in an Amount Not to Exceed $220,000. n. Adopt Ordinance 1636 Amending the San Carlos Zoning Map and Municipal Code Title 18 – Zoning, Repealing Chapter 18.14A, Removing References to Chapter

18.14A within Chapter 18.07 and Chapter 18.30, Adding Chapter 18.14.2 to Codify the Northeast Area Specific Plan, and Amending Chapter 18.19; and Adopt Ordinance 1637 Adopting the Northeast Area Specific Plan.

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 Annual Report on Fire and Emergency Services.

11. NEW BUSINESS
a. Consideration of Adopting a Resolution Approving the Proposed Mid-Cycle Fiscal Year 2026-27 General Fund Appropriation Budget and the Transfer of $5,000,000 from the Facilities and Infrastructure Reserve to the General Capital Fund. b. Consideration of Adopting a Resolution Approving the Proposed Fiscal Year (FY) 2025-26 and 2026-27 Capital Fund Mid-Cycle Budget Adjustments. c. Consideration of Adopting a Resolution Electing the Population and Price Adjustment Factors and Establishing the Fiscal Year (FY) 2026-27 Appropriations Limit of the City of San Carlos, Pursuant to California Constitution Article XIIIB and Section 7900 Et Seq. of the California Government Code. d. Consideration of Adopting a Resolution Ordering the Submission to the Qualified Electors of the City of San Carlos a Measure Relating to a Local Transaction and Use Tax at the General Municipal Election to be Held on Tuesday, November 3, 2026, as Called by Resolution 2026-062.
4 e. Consideration of Adopting a Resolution Adopting a Memorandum of Understanding Between the City of San Carlos and the Local 829 American Federation of State, County and Municipal Employees (AFSCME) for the Period of July 1, 2026 through June 30, 2028.
f. Consideration of Adopting a Resolution Adopting the Amended Salary and Benefit Resolution for the Management Group for the Period July 1, 2026 through June 30, 2028.
g. Consideration of Adopting a Resolution Adopting the Amended Salary and Benefit Resolution for the Confidential Group for the Period July 1, 2026 through June 30, 2028.

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.

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. 5 San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
May 11, 2026 7:00 PM

MINUTES

ROLL CALL

City Council Present: Pranita Venkatesh, Mayor
Adam Rak, Vice Mayor (depart at 10:44 p.m.)
John Dugan, Councilmember
Neil Layton, Councilmember
Sara McDowell, Councilmember

Staff Present: Nil Blackburn, Assistant City Manager
Shon Buford, Deputy Fire Chief
Jana Cadiz, Associate Engineer
Evan Cai, Associate Engineer
Baraka Carter, Fire Chief
Samantha Copsey, Deputy City Clerk
Lisa Costa Sanders, Principal Planner Consultant
Ken Der, Civil Engineering Assistant
Andrew Douglass, Attendee
Hanieh Houshmandi, Senior Traffic Engineer
Kathy Kleinbaum, City Manager
Jessica Lee, Civil Engineering Assistant
Steven Machida, Public Works Director
Andrea Mardesich, Assistant Community Development Director Ryan Martino, Inspector
Rebecca Mendenhall, Administrative Services Director
Tyler Muela, Recreation Supervisor
Crystal Mui, City Clerk
Amy Newby, Parks and Recreation Director
Angel Noriega, Assistant Public Works Superintendent
Lisa Porras, Planning Manager
Matt Richards, Senior Maintenance Worker
Gregory Rubens, City Attorney
Michael Runchy, Associate Engineer
Al Savay, Community Development Director
Tracy Scramaglia, Assistant Public Works Director
Emmanuel Stathakopoulos, Permit Technician
Mike Tabak, Police Captain
Alex Tat, Principal Engineer

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

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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
City Manager Kathy Kleinbaum proposed moving Item 11b, the Crestview Drive Pilot Improvements Project, ahead of Item 11a, Community and/or Aquatic Center, on the agenda. The Council concurred.

5. REPORT FROM CLOSED SESSION
None.

6. PRESENTATIONS
a. Administer Oath of Office to New City Manager – Kathy Kleinbaum.

City Clerk Crystal Mui administered the Oath of Office to incoming City Manager Kathy Kleinbaum.

Mayor Venkatesh and Councilmembers welcomed her to the City of San Carlos. b. Present Proclamations Recognizing May 2026 as Mental Health Awareness Month.

Mayor Venkatesh presented two proclamations recognizing May 2026 as Mental Health Awareness Month. The first was presented to Council Member McDowell in recognition of her leadership in mental health, including helping launch the San Mateo County Mayor's Mental Health Initiative in 2022.

Council Member McDowell thanked the Council for the recognition and spoke about the importance of normalizing conversations about mental health in the community.

The second proclamation was presented to Suzie Hughes, Executive Director of One Life Counseling. Ms. Hughes thanked Council for their efforts in championing mental health. c. Present a Proclamation Recognizing May 17 – 23, 2026 as Public Works Week.

Mayor Venkatesh presented a proclamation to Public Works Director Steven Machida recognizing Public Works Week.

Mr. Machida accepted on behalf of his team and asked Public Works staff in attendance to stand and be recognized.
d. Receive a Presentation from Peninsula Clean Energy on the Service they Provide to the Community.

Marc Hershman, Peninsula Clean Energy (PCE) Director of Government Affairs, presented updates from PCE, highlighted its services to the community, and requested the City assist with public communications about their name change to WestLight Energy.

Council Member Dugan commended PCE’s ongoing efforts in working with the City to advance its sustainability initiatives.

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e. Receive a Presentation from the San Mateo County Transportation Authority (SMCTA) on the 101 Corridor Connect Program and Upcoming Mini-Grant Program.

Patrick Gilster, SMCTA Director of Planning and Fund Management, presented an update on the 101 Corridor Connect Program, introduced the new SMCTA Mini-Grant Program, and responded to Council questions.

7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS
Mayor Venkatesh reminded the community of the upcoming Hometown Days parade and festivities.

Vice Mayor Rak extended Happy Mother's Day wishes to all mothers in the community.

8. PUBLIC COMMENT
Liz Lange, a resident, expressed concern about an unhoused individual at Wheeler Plaza and requested the City provide services and assistance.

Robert Stilleson, a resident, requested repaving of Colton Avenue due to its condition.

Josh Saffren, a resident, thanked Council for the electric leaf blower rebate program and requested a formal evaluation of gas-powered leaf blowers in relation to the City's noise ordinance and sustainability goals, noting he would submit a follow-up memo.

Sonia Elkes, a resident, thanked Public Works for their recent street repaving efforts, noted that May is also National Bike Month, and commended the City’s community outreach on current projects.

Anna Axiaq, a resident, requested that the crosswalk on Industrial Road near Melodic Remedy be repainted, noting that residents and the business have previously submitted requests.

9. CONSENT CALENDAR
MOTION: Adopt City Council Consent Calendar Items ‘a’ through ‘i’.

MOVER: Rak
SECONDER: McDowell
AYES: Dugan, Layton, McDowell, Rak, Venkatesh
NAYS: None
RESULT: Motion Passed 5 – 0
a. Motion to Waive Reading of All Ordinances.
b. Approve the City Council March 23, 2026 Regular Meeting Minutes. c. Approve the City Council April 13, 2026 Special Meeting Minutes. d. Adopt a Resolution Approving an Amendment to Paragraph 2.2 of the Peninsula Clean Energy Joint Powers Agreement to Reflect the Name Change of Peninsula Clean Energy to WestLight Energy. Resolution 2026-047
e. Adopt a Resolution Authorizing the Execution of a Professional Services Agreement with Blue Strike Environmental to Prepare an Update to the City’s Climate Mitigation and Adaptation Plan in an Amount Not to Exceed $249,445. Resolution 2026-048

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f. Adopt a Resolution Adding an SMCTA Grant-Supported Project to Develop Criteria for a Transportation Management Association (TMA) to the Capital Improvement Program; Appropriating $240,674.50 from the General Capital Fund Unassigned Fund Balance (Fund 25) to the Project; and Authorizing the Execution of a Contract with Steer Davies & Gleave Inc. in an Amount Not to Exceed $240,674.50 to Develop TMA Criteria. Resolution 2026-049 g. Adopt a Resolution Accepting the 2025 Sewer System Root Foaming Project (C1752) and Authorizing the Public Works Director to Issue and Record a Notice of Completion. Resolution 2026-050
h. Adopt a Resolution Authorizing an Amendment to the Agreement with Walschon Fire Protection Inc. for Fire Sprinkler Systems Inspection and Certification Services Beginning Fiscal Year 2026- 27 and Authorizing the Execution of the Amendment to the Products and/or Services Agreement in the Amount of $70,000 Over the Next Five Years. Resolution 2026-051 i. Adopt a Resolution Authorizing the Execution of an Amendment to the Professional Services Agreement with Absolute Electrical for On-Call Electrical Services for a Three-Year Term and up to Three One-Year Extensions in the Amount of $100,000, with No More Than 5% Annual Rate Increases; and Authorizing the Expenditure of a Contingency in the Amount of $20,000 with No More Than 5% Annual Rate Increases. Resolution 2026-052

10. REPORTS TO COUNCIL
a. Receive the Annual Update on Police Services.

Police Captain Mike Tabak presented the annual police services report and responded to Council questions.

Council provided feedback and requests for future reporting:
- Include separate data on domestic violence incidents within assault statistics. - Distinguish residential burglaries from commercial burglaries. - Provide additional detail on DUI citation categories. - Work with high-call-volume businesses to strengthen crime prevention, reporting, and public safety partnerships.
- Include a traffic enforcement visualization, such as a heat map to illustrate activity patterns and locations.
11b. Consideration of Adopting a Resolution Approving the Crestview Drive Pilot Improvements Project.

This item was moved up on the agenda to precede 11a - Community and/or Aquatic Center.

Senior Traffic Engineer Hanieh Houshmandi commenced the presentation by providing background on the Crestview Drive Pilot Improvements Project before introducing Vanessa Peers, Senior.

Transportation Planner Consultant, who presenting an overview of the project. Ms. Houshmandi, Senior Transportation Engineer Consultant Ryan Dole, Ms. Peers, and Police Captain Mike Tabak responded to Council questions.

Council recessed at 9:24 p.m. and reconvened at 9:35 p.m.

Public Comment
− Tarlock Sagoo, a resident, expressed concerns about traffic safety issues at the La Mesa intersection and at Brittan Avenue.
− Salomon Quintero, a resident, raised concerns about the proposed roundabout and offered suggestions for improving the project.

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− Andrew Hsu, a resident, spoke in support of the pilot project. − Stephanie Filson, a resident, advocated for a four-way stop at Melendy Drive and requested an interim crossing guard for children accessing the school bus. − Ben Mangiafico, a resident, spoke in support of the pilot project and provided suggestions for improvement.
− Peter Mangiafico, a resident, spoke in support of the project and provided suggestions for improvement.
− Arley Lewis, a resident, spoke in support of the project. − Susan Rogers, a resident, raised concerns about the pilot project and requested that nearby residents be surveyed during the evaluation period.
− Brian, a resident, spoke on the need for a stop sign at the Crestview Drive and Club Drive intersection.
− Karen Casciotti, a resident, spoke in support of the project and provided suggestions for improvement.
− Aaron Meyers requested additional speed control measures. − Janice, a resident, expressed concerns regarding the proposed pilot project.

Ms. Houshmandi, Ms. Peers and Mr. Dole responded to Council’s additional questions.

MOTION: At 10:26 p.m. extend the meeting to 11:30 p.m.

MOVER: Dugan
SECONDER: McDowell
AYES: McDowell, Rak, Dugan, Layton, Venkatesh
NAYS: None
RESULT: Motion Passed 5 – 0
Council provided the following comments and direction:
- Evaluate alternative configurations for the proposed bike lane. - Study alternatives to the proposed traffic circle at Los Vientos Way, including raised crosswalks and curb bulb-outs.
- Explore the feasibility of providing a crossing guard at Melendy Drive as an interim safety measure during implementation of the pilot project.

MOTION: Adopt Resolution 2026-053 approving the Crestview Drive Pilot Improvements Project with amendments to remove the Los Vientos roundabout and conduct a study for alternatives at that location to be brought back to Council for consideration.

MOVER: Rak
SECONDER: Layton
AYES: Layton, McDowell, Rak, Venkatesh
NAYS: Dugan
RESULT: Motion Passed 4 – 0 – 1

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11. NEW BUSINESS
a. Consideration of Adopting a Resolution Selecting a Preferred Site for a Community and/or Aquatic Center.

Vice Mayor Rak recused himself from the item as he lives within 500 feet of Burton Park, posing as a potential conflict of interest.

Parks and Recreation Director Amy Newby commenced the item and turned the presentation over to Casey Case, President with GATES Studios, to provide background and review the four options for Council consideration. Ms. Case, Ms. Newby, and City Attorney Greg Rubens responded to Council questions.

MOTION: At 11:17 p.m. extend the meeting to 12:15 a.m.

MOVER: McDowell
SECONDER: Dugan
AYES: Dugan, Layton, McDowell, Venkatesh
NAYS: None
ABSENT/RECUSE: Rak
RESULT: Motion Passed 4 – 0 – 1
Public Comment
− Emily King, with Arbor Bay School, spoke on the need to keep Arbor Bay School at its current location at Burton Park and requested Council to consider the impact of relocation. − Susan Rose, a resident, echoed Ms. King’s comments regarding keeping Arbor Bay School at its current location.
− Jared Starman, a resident, spoke in opposition to additional amenities at Burton and Laureola Parks and encouraged consideration of alternate locations. − Max Shneider, a resident and member of the Greater East San Carlos Board (GESC), spoke in support of Option 4.
− Sam Herzberg, a resident and GESC Co-President, spoke in support of Option 4. − Tim Hilborn, a resident, spoke in support of Option 4. − Andrew Kritzer, a resident, spoke in support of Option 4, with Option 3 as a fallback option. − Danny Nguyen, a resident, spoke in support of Option 4 and read his daughter’s letter into the record.
− Cris Adair, a resident, spoke in support of options at Laureola Park and provided suggestions to improve aquatic center plans.
− Ron Collin, a resident and former San Carlos Mayor, spoke in support of a phased approach to Options 3 and 4.
− Tom Morse, a resident, spoke in support of Options 3 and 4 and voiced concerns on plan details. − Megan Kamil, a resident, spoke in opposition to options at Burton Park.

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− Joy Tea, a resident, spoke in support of Options 3 and 4. − Mitch Fox, a resident, spoke in support of Option 4, and noted that Option 3 may not be viable without land acquisition, and provided suggestions for improvement. − Jennifer Rossi, a resident and Co-President of GESC, spoke in support for Option 4. − Damon Bellinger, a resident, spoke in support of Option 4 contingent on a clear plan to acquire land.
− John Durkin, a resident, requested Council to pause selection of a site for community center and aquatic center and posed several questions for consideration. − Georgia McMillan, a resident, raised concerns about construction and operational traffic impacts and requested Council to pause their decision on a site for the community/aquatic center. − Anna Axiaq, a resident, opposed all options and provided other, smaller-scale alternatives.

Ms. Newby, Ms. Case, Principal Planner Consultant Lisa Costa Sanders, and Mr. Rubens responded to Council’s additional questions.

MOTION: At 12:14 a.m. extend the meeting to 12:40 a.m.

MOVER: McDowell
SECONDER: Dugan
AYES: McDowell, Dugan, Layton, Venkatesh
NAYS: None
ABSENT/RECUSE: Rak
RESULT: Motion Passed 4 – 0 – 1
Council directed staff to:
- Continue preliminary negotiations with the Sequoia Union High School District regarding potential land acquisition.
- Explore and incorporate multigenerational and flexible spaces to meet diverse needs of the community.
- Continue to engage the Parks and Recreation Commission and Youth Advisory Council in the planning process.

MOTION: Adopt Resolution 2026-054 selecting a preferred site for further study of Options 3 and 4 for a community and/or aquatic center.

MOVER: Layton
SECONDER: McDowell
AYES: Dugan, Layton, McDowell, Venkatesh
NAYS: None
RECUSE: Rak
RESULT: Motion Passed 4 – 0 – 1
b. Consideration of Adopting a Resolution Approving the Crestview Drive Pilot Improvements Project.

This item was held prior to item 11a.

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12. AGENDA SETTING
None.

13. ADJOURNMENT
The meeting adjourned at 12:27 a.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
May 26, 2026 6:00 PM

MINUTES

ROLL CALL
City Council Present:

City Council Absent:

Pranita Venkatesh, Mayor
John Dugan, Councilmember
Neil Layton, Councilmember – Arrived at 6:04 p.m.

Sara McDowell, Councilmember
Adam Rak, Vice Mayor
Staff Present: Kathy Kleinbaum, City Manager
Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Angie Rodriguez, Human Resources Manager
Gregory Rubens, City Attorney

1. CALL TO ORDER
Mayor Venkatesh called the meeting to order at 6:01 p.m.

2. PUBLIC COMMENT
None.

3. CLOSED SESSION
a. Conference with Labor Negotiators Cue, Kleinbaum, Mendenhall, Rodriguez and Rubens (Closed Session Pursuant to Government Code Section 54957.6) Local 829 American Federation of State, County and Municipal Employees (“AFSCME”) Unit and the American Local 856, Freight Checkers, Clerical Employees and Helpers Union, International Brotherhood of Teamsters ("Teamsters") Unit and the Management and Confidential Units. b. Conference with Labor Negotiators Kleinbaum and Mendenhall – (Closed Session Pursuant to Govt. Code Section 54957.6) – City Attorney.

4. REPORT FROM CLOSED SESSION
None.

5. ADJOURNMENT
The meeting adjourned at 6:58 p.m.

Crystal Mui
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: June 22, 2026
ITEM TITLE: Accept a Report on City Compliance with Senate Bill 707.

RECOMMENDATION:

Staff recommend that the City Council receive and accept a report on the City’s compliance with Senate Bill 707.

FISCAL IMPLICATIONS:

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

BACKGROUND:

On October 3, 2025, Governor Newsom signed Senate Bill (SB) 707 into law, amending the Brown Act to expand and diversify public participation during meetings of local legislative bodies.

The law includes two primary effective dates – January 1, 2026 and July 1, 2026. Earlier this year, the City Attorney provided a memorandum to the Council demonstrating compliance with the regulations that took effect on January 1, 2026. Attention now turns to the requirements that become effective on July 1, 2026.

ANALYSIS:

Several provisions of SB 707 take effect on July 1, 2026 for eligible legislative bodies. The San Carlos City Council meets the definition of an eligible legislative body under the law. The following outlines the requirements that will apply and the steps the City has taken, or plans to take, to comply by the effective date.

1. Policy on Disruption of Telephonic or Internet Services Establish a policy addressing disruptions to telephonic or internet services during Council meetings, including procedures for recessing and reconvening meetings.

The City is in compliance with this requirement. The City Council adopted a Technology Disruption Policy in open session on May 26, 2026.

2. Mandatory Remote Public Attendance
Provide an opportunity for the public to attend all open and public meetings of the City Council remotely through either a two-way telephonic or two-way audiovisual platform.

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The San Carlos City Council already conducts its regularly scheduled meetings in a hybrid format via Zoom and will continue to do so.

However, off-site City Council meetings, such as strategic retreats and mini retreats, will also be required to offer a remote participation option. Staff are working to ensure appropriate remote participation accommodation is available while maintaining the effectiveness and orderly conduct of the meeting.

3. Outreach Plan
Make reasonable efforts to engage underrepresented, non-English speaking, and traditionally non-participating communities.

The City currently utilizes a variety of communication and outreach methods to inform and engage the public, including:
 Social media platforms and the City website, both of which offer translation functionality to improve accessibility for non-English-speaking residents  Online public meeting portal, which provides electronic access to meetings and meeting materials
 Agenda subscription services available through the City website  Printed newsletters mailed to residences, which include periodic reminders on how to stay informed
 Council and City staff presence at community events, including the Farmers' Market, to provide information and engage directly with residents who may not otherwise participate in City meetings
 Public meeting agendas include information on how to request language assistance and disability-related access
The City believes these measures satisfy the outreach plan requirement by providing multiple avenues for public engagement, increasing accessibility for non-English-speaking residents, and reaching community members who may not otherwise participate in City government processes.

4. Public Comments
Provide equal opportunity for remote public comments. Individuals participating remotely must be afforded the same amount of speaking time as those providing comment in person.

This requirement does not require a change in the City’s current practices, as both inperson and virtual speakers are currently allotted the same amount of speaking time.

5. Prominent Public Meetings Information
Implement a system for electronically accepting and fulfilling requests for meeting agendas and related documents, either via email or through an integrated agenda management platform. Additionally, establish and maintain an accessible, centralized webpage dedicated to public meetings. This webpage must include or clearly link to the following information:

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 A general overview of the public meeting process
 Instructions for providing public comment, both in person and remotely  A calendar of all public meetings, including date, time, and location  Direct access to posted meeting agendas
The City currently complies with the requirement for fulfilling requests through its E-News platform, where the public can sign-up for email notification of published agendas.

The City homepage and public meeting portal webpage will have PDF documents satisfying each of these requirements, including a list of regularly scheduled public meetings for the year.

6. Translation of Meeting Agendas into “Applicable Languages” Eligible legislative bodies that meet specified thresholds are required to translate and post meeting agendas in all applicable languages.

Staff reviewed the City of San Carlos’ most recent American Community Survey data and determined that the City does not currently meet the threshold necessary to trigger this requirement. Therefore, this provision does not presently apply to the City.

7. Public Location for Agendas Translated by the Community Provide a physical location, adjacent to where meeting agendas are posted, that is freely accessible to the public. This location must allow members of the public to post translations of the agenda in languages other than English.

The City Clerk’s Office coordinated with the facilities maintenance team to have a designated bulletin board installed outside the front of City Hall, with installation anticipated by the end of June. This bulletin board will be reserved for translated versions of City Council agendas and will include clear signage indicating its intended use. The signage will also note that the City does not review or assume responsibility for any materials posted. The City Clerk’s Office will maintain this board to ensure ongoing compliance.

8. Public Interpretation Assistance
Provide reasonable assistance to members of the public who wish to use interpretation services during a meeting, provided such assistance does not disrupt the proceedings.

This may include allowing additional time for interpretation, accommodating the use of personal or third-party interpretation services, or providing space for interpreters.

The City has established a process to support these requests. All City Council agendas include language inviting members of the public to request ADA or language assistance in advance of a meeting. When a request is received, the City Clerk’s office will work directly with the individual to identify and provide appropriate accommodations.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Accept the report on City Compliance with Senate Bill 707; or

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2. Provide staff with alternative direction.

Respectfully submitted by:

Crystal Mui, City Clerk
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. SB 707

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CITY COUNCIL

STAFF REPORT
MEETING DATE: June 22, 2026
ITEM TITLE: Adopt a Resolution Approving and Authorizing the Execution of an Amendment to the Existing Cooperation Agreement with the County of San Mateo for Participation in the County’s Housing and Community Development Programs for Non-Entitlement Cities as Required by the U.S. Department of Housing and Urban
Development.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution approving authorizing the execution of an amendment to an existing cooperation agreement with the County of San Mateo for participation in the County’s housing and community development program for non-entitlement cities (“Urban County Program") including: Community Development Block Grant; HOME Investment Partnership; and Emergency Solutions Grant programs.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed. Through the federal funding provided by the cooperation agreement, low-income residents of the City of San Carlos (“City”) may receive referral services and minor home repairs.

BACKGROUND:

The Housing and Community Development Act of 1974 (“Act”), as amended, provides for the distribution of federal funds to eligible public entities. Eligible public entities include cities with a population over 50,000, ''hold harmless” public entities, and urban counties.

With a population under 50,000, the City is considered a “non-entitlement” city and does not qualify for its own allocation of Community Development Block Grant (CDBG), HOME Investment Partnership (“HOME”), and Emergency Solutions Grant (ESG) funding. The City is eligible to participate in applications for CDBG, HOME and ESG funding through the County of San Mateo (“County”). The County, with cooperation from its small, non-entitlement cities, qualifies as an Urban County and is entitled to receive annual allocations of funding under the CDBG, HOME, and ESG programs. This is described within the “Fair Housing Enforcement and Capacity” section of the 2023-2031 San Carlos General Plan.

To maintain Urban County status, the County must requalify with the Department of Housing and Urban Development (“HUD”) every three years and enter into cooperation agreements with all participating non-entitlement cities. The City of San Carlos entered into a cooperation agreement with the County in 2017, which allows for automatic renewals unless an amendment is required.

In 2023, the City executed the first set of amendments to this agreement.

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In the case of the current program cycle (Federal fiscal years 2027, 2028, and 2029), several additional amendments are required (see Exhibit A to Resolution). In addition, there is a new requirement for two levels of authorization - the City Council must approve, and the City Manager must execute the agreement. If approved, this would be the second set of amendments to the 2017 agreement.

The deadline for submitting fully executed agreements to the County Department of Housing is July 15, 2026.

ANALYSIS:

The changes requested by HUD are outlined in Exhibit A to the Resolution, and predominantly describe revised sections of federal law that the City must adhere to, such as affirmatively furthering fair housing, and prohibiting transfers of CDBG funds to other agencies. Participating in the Urban County Program through a cooperation agreement with the County affords San Carlos residents access to housing related services provided by the County and maximizes the federal funding the County is eligible to receive as an Urban County.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution approving and authorizing the execution of an amendment to the cooperation agreement with the County of San Mateo for participation in the County’s housing and community development program for non-entitlement cities (Urban County Program); or

2. Do not adopt said resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Andrea Mardesich, Asst. Community Development Director, and Al Savay, Community and Economic Development Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Resolution
Exhibit A to Resolution – Amendment to Cooperation Agreement

2. County of San Mateo Minor Cooperation Agreement Amendment

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RESOLUTION NO. 2026 - ______

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

APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE

EXISTING COOPERATION AGREEMENT WITH THE COUNTY OF SAN MATEO FOR PARTICIPATION IN THE COUNTY’S HOUSING AND COMMUNITY DEVELOPMENT

PROGRAMS FOR NON-ENTITLEMENT CITIES AS REQUIRED BY THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
___________________________________________________________________________ WHEREAS, the Housing and Community Development Act of 1974 ("Act"), as amended, provides for the distribution of federal funds through the process of Community Development Block Grants to eligible public entities; and
WHEREAS, those public entities which are eligible to receive said funds are cities with a population in excess of 50,000, ''hold harmless” public entities, and urban counties; and WHEREAS, public entities that do not otherwise come within the definition of an eligible public agency may cooperate and participate with an eligible public entity as an Urban County; and
WHEREAS, the County of San Mateo (“County”) has heretofore qualified as an Urban County under the Act and solicited the cooperation and co-participation of public entities including the City of San Carlos (“City”) in its application for federal assistance under the Act for the federal fiscal years 2027, 2028, and 2029; and
WHEREAS, the City, having a population of less than 50,000, is a non-entitlement city and does not qualify to receive its own allocation of Community Development Block Grant (CDBG), HOME Investment Partnership, or Emergency Solutions Grant (ESG) funding; and WHEREAS, the City desires to cooperate and co-participate with the County in its application for federal assistance under the Act; and
WHEREAS, a cooperation agreement by and between the City and the County establishes the formal relationship to cooperate and co-participate, and is specifically authorized under the provisions of Government Code Section 6502 and 26227; and WHEREAS, since 1996, the City has entered into a cooperation agreement with the County to cooperate and co-participate in its application for federal assistance and to engage in housing and community development activities within the City; and WHEREAS, the cooperation agreement has renewed automatically every three years since its initial execution; and
WHEREAS, the U.S. Department of Housing and Urban Development (“HUD”) notified the County in August 2017 that significant changes were needed to the existing cooperation agreements between the County and non-entitlement cities in order to requalify as an Urban County; and
WHEREAS, by executing the newly drafted Cooperation Agreement, the City joins the Urban County and automatically participates in the CDBG, HOME, and ESG Programs; and

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WHEREAS, the City desires to amend the cooperation agreement with the County, as outlined in Exhibit A, so that it may qualify under applicable provisions of the Act and HUD regulations, as co-participant with the County in eligible activities under the Act.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Carlos hereby approves and authorizes the execution of the amendment to the cooperation agreement between the City of San Carlos, as a non-entitlement city, and the County of San Mateo for participation in the County’s housing and community development programs. * * * * *
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 22nd day of June 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 – Amendment to Cooperation Agreement

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County of San Mateo Cooperative Agreement Amendment
Cooperation Agreement dated September 20, 2017 Amendment Number: 2 (Second) Cooperation Agreement Amendment #1 dated July 2023
Agreement between the COUNTY OF SAN MATEO and the CITY OF SAN CARLOS

THE AGREEMENT IS CHANGED AS FOLLOWS
I. Witnesseth Section is hereby ☐ added ☒ amended as follows:

Adds the following emboldened, italicized phrase:

WHEREAS, the County of San Mateo has heretofore qualified as an urban county under the Act, the County again solicits the cooperation and co-participation of public entities such as the City in its application for federal assistance under the Act for Federal Fiscal Years 2027, 2028 and 2029 and one subsequent three-year period thereafter; and
II. Witnesseth Section is hereby ☐ added ☒ amended as follows:

Adds the following as a new Whereas provision:

WHEREAS, the City Executive of the City is authorized to execute this Amendment on the City’s behalf, and the County Executive is authorized to execute this Amendment on the County’s behalf.

III. Section 1 (Purpose) is hereby ☐ added ☒ amended as follows:

Replaces the first sentence with the following emboldened, italicized phrase:
“The County and City agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities in and for the benefit of the City, as approved or authorized between the parties in the CDBG Agreements, including the Consolidated Plan. This Agreement includes...” IV. Section 2 (Term), 1 is hereby ☐ added ☒ amended as follows:

Amends and restates the first paragraph in its entirety as follows:
“This Agreement shall remain in effect for the three-year program period of Federal Fiscal Years 2027, 2028 and 2029, and until funds granted and program income received during the three-year program period are expended and the funded activities completed. Neither the County nor the Municipality may terminate, withdraw, or be removed from the program during the three-year program period. The Agreement will renew automatically for participation in one successive three-year Urban County qualification period (Federal Fiscal Years 2030, 2031, and 2032), unless the Municipality or the County provide written notice to the other party that it elects not to participate in a new qualification period. The terminating party shall send a copy of the notice of termination to the HUD field office by the date specified on the HUD Exchange Urban Counties website. The County will notify the Municipality in writing of the Municipality’s right to make this election. A copy of the County’s notification must be sent to the HUD field office by the date specified on the HUD Exchange Urban Counties website.”
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V. Section 3 (County’s Responsibilities as Applicant) is hereby ☐ added ☒ amended as follows:

Amends and restates Paragraphs 4 and 5 of Subsection a. in their entirety as follows:
“Therefore, the County and City agree to cooperate to undertake, or assist in undertaking, essential community development and housing assistance activities in and for the benefit of the City, as approved or authorized between the parties in the CDBG Agreements, including the Consolidated Plan. The County and City will also strictly adhere to the Consolidated Plan as approved and to all assurances and certifications provided to HUD, including taking all actions necessary to comply with the Urban County’s certifications under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with:
• Title VI of the Civil Rights Act of 1964, implementing regulations at 24 CFR Part 1; and • the Fair Housing Act, and implementing regulations at 24 CFR Part 100 and will comply with the obligation to affirmatively further fair housing; and
• Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates: Section 504 of the Rehabilitation Act of 1973, and the • implementing regulations at 24 CFR Part 8; and
• Title II of the Americans with Disabilities Act of 1974, and the implementing regulations at 28 CFR Part 35; and
• the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR Part 146; and • Section 3 of the Housing and Urban Development Act of 1968; and • Uniform Relocation and Real Property Policies Act of 1970 and the implementing regulations at 49 CFR Part 24; and
• Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CFR Part 42; and
• all other applicable laws and regulations.

The Parties acknowledge that the Urban County is a plaintiff in King County et al. v. Turner et al., 2:25-cv-00814- BJR (W.D. Wash.) and through this litigation has obtained a Preliminary Injunction against HUD. To the extent that this Agreement purports to impose terms or conditions that are enjoined pursuant to that Preliminary Injunction, the Urban County is not bound to those enjoined terms or conditions.

The Parties agree that Urban County funding in no event will be used for activities in, or in support of, any cooperating unit of general local government that impedes the County’s actions to comply with the County’s fair housing certification and duty to affirmatively further fair housing. This provision is required because noncompliance by a unit of general local government included in an urban county may constitute noncompliance by the grantee (i.e. the Urban County) that can, in turn, provide cause for funding sanctions or other remedial actions by the Department.”
VI. Section 3 (County’s Responsibilities as Applicant), is hereby ☐ added ☒ amended as follows:

Amends and restates Subsection c. in its entirety as follows:
“Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG funds to a Municipality, Urban County, unit of general local government, or insular area that directly or indirectly receives CDBG funds in exchange for any funds, credits, or nonFederal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended.”

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VII. Section 5 is hereby ☐ added ☒ amended as follows:

Adds the following italicized and underlined language:

The City and County has each adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civilrightsdemonstrations; b. A policy ofenforcing applicable State and local laws against physically barring entrance to or exitfrom a facility or location which isthe subject ofsuchnon-violent civil rights demonstrations within jurisdictions.

VIII. Section 8 (County’s Responsibility to City), is hereby ☒ added ☐ amended as follows:

Adds the following new Subsection d.:
“d. The Urban County agrees that the CDBG funds that the Municipality is entitled to will be utilized to benefit the Municipality.”
IX. Section 10 (Program Income) is hereby ☐ added ☒ amended as follows:

Amends and restates Subsection e. in its entirety as follows:
“e. The County and Municipality shall not terminate or withdraw from the Agreement while it remains in effect. The County may transfer the program income to the Municipality, upon its termination of Urban County participation, provided that the Municipality begins participating as an independent CDBG Entitlement grantee and agrees to use the program income in its own CDBG Entitlement program.” X. Section 13 (Minor Amendments to the Agreement) is hereby ☐ added ☒ amended as follows Amends and restates Section 13 in its entirety as follows:

13. Amendments to the Agreement.
“The Parties agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s), when applicable. Failure by either Party to adopt any such amendment, and to submit such amendment to HUD, will void the Agreement for such qualification period.” Other changes: None
I hereby certify that the requested changes are required per the United States Department of Housing and Urban Development.
________ June 4, 2026_____ Karen Coppock___________
Requestor Signature Date Requestor Name (please print)
County of San Mateo County of San Mateo
HCD Supervisor_____________
Requestor Title (please print)

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This change is effective as of: July 1, 2027
ALL OTHER TERMS AND CONDITIONS OF THE AGREEMENT REMAIN UNCHANGED.

In witness of and in agreement with this Amendment’s terms, the Parties, by their duly authorized representatives, affix their respective signatures:

For City:
___________________________ ___________________ __________________________________ Signature Date Name (please print)
(City Manager)
For County:
____________________________ ____________________ _________ ______________________ Signature Date Name (please print)
(County Executive)

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CITY COUNCIL

STAFF REPORT
MEETING DATE: June 22, 2026
ITEM TITLE: Adopt a Resolution Approving a Consulting Services Agreement with Housing Endowment and Regional Trust of San Mateo (HEART) to Support the City’s Housing Programs.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution approving a consulting services agreement with Housing Endowment and Regional Trust of San Mateo (HEART) to support the City’s housing programs.

FISCAL IMPLICATIONS:

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

The City previously executed a three-year contract with HEART in 2023, which is set to expire in June 2026. The funding for this contract renewal is already incorporated into the Economic Development Division’s budget in the General Fund.

BACKGROUND:

HEART is a Joint Powers Authority (JPA) established by the County. The City of San Carlos (“City”) has been a member agency since executing the JPA agreement in 2003. At that time, in coordination with several other San Mateo County jurisdictions, the City entered into a consultant services agreement with HEART to provide support for the City’s housing programs. The current agreement is scheduled to expire in June 2026. Staff recommend renewing the agreement for an additional three-year term to continue receiving housing program support services.

ANALYSIS:

The proposed consultant services agreement formalizes the partnership between HEART and the City to support the administration and implementation of the City’s housing programs. Under the agreement, HEART will continue to provide dedicated staff resources that are shared among participating jurisdictions to deliver a range of housing-related services, as outlined in Exhibit A of the agreement (Attachment 2). These services include, but are not limited to:
• Conducting income certifications and recertifications for Below Market Rate (BMR) units • Monitoring compliance with affordability requirements, including regulatory agreements and related administrative functions
• Ensuring compliance with the City’s Inclusionary Housing Ordinance for new residential developments

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• Supporting implementation of the City’s Housing Element, including preparation of staterequired annual progress reports • Providing information and assistance to residents regarding housing-related programs and inquiries
• Monitoring changes to state and federal housing regulations, policies, and funding opportunities
To maintain this longstanding partnership and continue receiving specialized housing program support, staff recommend approval of the consultant services agreement for an additional threeyear term.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution approving a consulting services agreement with HEART to support the City’s housing programs; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Sajuti Haque, Economic Development and Housing Manager
Al Savay, Community Development Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Resolution

2. HEART Consulting Services Agreement

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RESOLUTION NO. 2026 – ____

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

APPROVING A CONSULTING SERVICES AGREEMENT WITH HOUSING ENDOWMENT

AND REGIONAL TRUST OF SAN MATEO (HEART) TO SUPPORT THE
CITY’S HOUSING PROGRAMS.

WHEREAS, HEART is a Joint Powers Authority (JPA) established by the County, and the City of San Carlos (“City”) has been a member agency since executing the JPA agreement in 2003; and WHEREAS, the City previously executed a consulting services agreement with HEART in 2023, as a collaboration effort with other San Mateo County jurisdictions, to support the City’s housing programs; and
WHEREAS, the 2023 consulting services agreement with HEART is set to expire in June 2026; and
WHEREAS, renewing the agreement will allow HEART staff to provide a range of housing program support services, including administration of Below Market Rate (BMR) units, affordable housing compliance monitoring, implementation of the City’s Inclusionary Housing Ordinance and Housing Element, resident assistance, and ongoing monitoring of state and federal housing regulations and funding opportunities; and
WHEREAS, to maintain this longstanding partnership and continue receiving specialized housing program support, staff recommend approval of the consultant services agreement for an additional three-year term.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby approves the consulting services agreement with HEART to support the City’s housing programs. * * * * *
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 22nd day of June 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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CONSULTANT SERVICE AGREEMENT BETWEEN THE HOUSING

ENDOWMENT AND REGIONAL TRUST OF SAN MATEO COUNTY

AND THE CITY OF SAN CARLOS
This Agreement is made and entered into this ___ day of _____ 2026 (the “Effective Date”), by and between the Housing Endowment and Regional Trust of San Mateo County (hereinafter "HEART"), and the City of San Carlos (hereinafter "City") (HEART and City will be referred to collectively herein as the “Parties”).

RECITALS
WHEREAS, HEART is a Joint Powers Authority (“JPA”) established by the County of San Mateo (“County”) and those cities and towns within the County (“Member Agencies”), via the Joint Exercise of Powers Agreement (“JPA Agreement”) dated May 13, 2003, as amended and superseded by the First Amended Joint Exercise of Powers Agreement (“First Amended JPA Agreement”) dated September 9, 2008; and
WHEREAS, Member Agencies have adopted housing elements identifying new housing programs and efforts, and need support to carry out these programs; and WHEREAS, the workload to manage Members Agencies’ housing programs is sporadic, inconsistent and does not lend itself to each Member Agency hiring housing staff; and WHEREAS, the First Amended JPA Agreement authorizes HEART to facilitate and assist Member Agencies to operate, regulate, maintain, facilitate the planning, and study appropriate housing programs, projects, and housing management practices; and WHEREAS, City is a Member Agency of HEART and wishes to engage HEART to render certain services to assist in carrying out its housing programs; and WHEREAS, HEART and City have agreed for HEART to provide to City qualified individuals, with the skill set to perform the requisite services, based on the terms and conditions as set forth in this Agreement.

AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:

1. PROJECT COORDINATION/DESCRIPTION.

The HEART Executive Director, or appropriate designee, is hereby designated the Manager for HEART, and the Planning Director or their designee, is hereby designated the City Project Manager for City. The City Project Manager shall monitor, review, and approve the progress and execution of the work as described in the Scope of Work in Exhibit A of this Agreement. The Manager shall supervise all housing and housing related activities and assignments carried out under this Agreement by HEART staff.

2. HEART HOUSING STAFF.

A. HEART will assign to the City one or more HEART staff to provide the work and/or materials as generally described in the Scope of Services (the “Work”). In the event of a

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conflict or inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail.

B. Parties acknowledge and agree that HEART will endeavor to provide consistent weekly work progress on assignments, but parties acknowledge that the actual timing of Work will ebb and flow based on the City’s needs and the needs of other cities.

C. HEART will assign HEART staff to perform the Work under this Agreement, and may assign different individuals as it sees fit, subject to Paragraph E in this section and subject to the terms and notice requirements set forth below.

D. HEART staff shall perform the Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the types of work.

HEART staff shall devote such time to the performance of the Work pursuant to this Agreement as may be reasonably necessary to meet the standard of performance described in Exhibit A. HEART shall provide quarterly reports listing the major tasks worked on for the City and the total hours spent performing work for City.

E. Assignment of HEART staff to provide the Work is at the sole discretion of HEART. In the event that City or HEART, at any time during the term of this Agreement, desires the reassignment of staff, City and HEART shall meet and discuss in good faith to address the issue of concern, including but not limited to reassigning such person or persons. Manager will attempt to accommodate City’s requests to assign, or to not assign, specific staff to certain projects. In the event the assigned employee’s employment with HEART ends or there is an extended leave of absence, HEART will endeavor to secure and assign a replacement employee to fill that role at the first opportunity.

F. At any time, HEART staff may be providing services to one or more cities concurrent with the Work being provided to City under this Agreement.

G. HEART staff assigned may require access to City’s computer systems and networks to complete the assigned Work. City shall provide access to these systems according to its policies for external consultants or provide other reasonable means of access necessary for the HEART staff to perform the Work being provided under this Agreement. HEART requires its employees to agree to appropriate system usage policies, which include a pledge not to use City’s electronic equipment for anything other than City work. The City may require the HEART staff to sign the City’s electronic technology use and confidentiality policies.

H. The parties agree to cooperate fully and to provide assistance to all relevant parties in the investigation and resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve assigned employees providing Work under this Agreement.

I. HEART shall, at its sole expense, supply for its employees providing Work to City pursuant to this Agreement any and all benefits, such as worker’s compensation, disability insurance,

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vacation pay, sick pay, or retirement benefits; obtain and maintain all licenses and permits usual or necessary for performing the Work; pay any and all taxes incurred as a result of the employee(s) compensation, including employment or other taxes; and provide City with proof on demand.

3. COMPENSATION.

In consideration of the Work described in the Scope of Services, City will pay HEART an amount not to exceed $128,492 over the three-year period. Payments to HEART will be made based on a fixed monthly rate, which will pay for a set number of hours per year.

The annual total payment, annual hours worked, and the monthly billing rate are outlined in Table 1.

Table 1: Annual Hours and Costs
Fiscal Year(s) Annual
Hours
Worked
Annual Cost Monthly
Bill
2026/2027 338 $40,667 $3,388.92
2027/2028 341 $42.964 $3,557.83
2028/2029 340 $44,861 $3.738.42
HEART will invoice at the end of each month following the Effective Date of this agreement, based on the schedule above. The first end-of-month invoice shall be prorated based on the Effective Date as follows: 30 minus Effective Date divided by 30 [(30-Effective Date) / 30)]. City agrees to pay all such invoices within 30 business days of receipt of invoice.

Each invoice will outline the number of hours used from the annual allocation, and how many hours are left.

4. TERM OF AGREEMENT.

The Term of this Agreement will start from the Effective Date, and shall continue until June 30, 2029, or until terminated in accordance with Section 5, below.

5. TERMINATION.

A. Either party may terminate this Agreement for cause if a party materially breaches its obligations under this Agreement, and such breach is not cured or corrected within fifteen (15) business days’ written notice to the reasonable satisfaction of the party giving such notice.

B. HEART may terminate the Agreement without cause with six-month notice to City.

HEART agrees to cooperate with the City on the transfer of work to City or a third party.

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Upon receipt of notice of termination by HEART, City shall incur additional obligations under the provision of this Agreement only with the prior written consent of City.

C. City may terminate this agreement without cause with one hundred twenty (120) days’ notice to HEART. Upon receipt of notice of termination by City, City shall continue to incur financial obligations under the provision of this Agreement for one hundred twenty (120) days. This financial obligation may be waived by HEART if the HEART staff can be assigned to another city. Upon termination by City, HEART will diligently attempt to assign the staff to another city.

6. INDEMNITY.

A. To the fullest extent permitted by law, City shall defend, hold harmless and indemnify HEART, its elected and appointed officials, officers, agents, and/or employees from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury in law or equity for injuries to persons and/or damage to property, and/or economic damages which arise out of or in connection to the performance of this Agreement resulting from the willful misconduct or negligent acts or omissions of City, its officers, agents and/or employees, or the failure to abide by any obligations under this Agreement.

B. To the fullest extent permitted by law, HEART shall defend, hold harmless and indemnify City, its elected and appointed officials, officers, agents and/or employees from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury in law or equity for injuries to persons and/ or damage to property, and/ or economic damages which arise out of or in connection to the performance of this Agreement resulting from the willful misconduct or negligent acts or omissions of HEART, its officers, agents, and/ or employees, or the failure to abide by any obligations under this Agreement.

C. In the event of the concurrent negligence of City, its officers, agents and/or employees, and HEART, its officers, agents and/ or employees, then the liability for any and all claims for injuries or damages which arise out of the performance of this Agreement shall be apportioned under California's Theory of Comparative negligence as presently established or may be hereafter modified.

D. The duty to indemnify and hold harmless as set forth by this Section 6 shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

7. NOTICES.

All notices permitted or required under this Agreement shall be given to the respective Parties in writing and will be delivered to and addressed as follows or to such other place as each Party may designate by subsequent written notice to the other Party. “Written notice” as used herein may include notice by email to the email addresses set forth below, in which case the sending of the email shall satisfy the noticing party’s obligations.

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HEART: Housing Endowment and Regional Trust of San Mateo County Attn: Executive Director
2905 S. El Camino Real
San Mateo, CA 94403
By email to: [email protected]
With copy to: [email protected] and [email protected] City: City of San Carlos
Attention: Al Savay, Community Development Director
600 Elm Street
San Carlos, CA 94070
By email to: Al Savay [email protected]
With copy to: Sajuti Haque [email protected]
Such notice shall be deemed made when personally delivered or when mailed by prepaid first class mail on the third day after it was deposited with the United States Postal Service. Notice by email transmission shall be deemed given upon verification of receipt if received before 5:00 p.m. on a regular business day or else on the next business day.

8. INDEPENDENT CONTRACTOR.

A. It is understood that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture, agent-principal relationship or partnership is formed as a result of this Agreement. No employee or agents of one party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the other party. HEART staff is not authorized to bind City to any contracts or other obligations.

B. HEART shall require employees providing Work under this Agreement to sign agreements acknowledging that they are not City employees and therefore are not entitled to holidays, vacations, disability benefits, insurance, pensions, or retirement plans, or any other benefits offered or provided by City to City employees.

C. For the purposes, and for the duration of this Agreement, the HEART Manager and any staff assigned to provide Work to City will act in the capacity of an Independent Contractor for City, and not as an employee of City.

D. The parties agree that HEART maintains the authority to direct and oversee the work performed by employees providing Work to City pursuant to this Agreement. City agrees that it shall report to HEART any and all staff issues relating to HEART’s employee(s) so that HEART may take any necessary or appropriate actions pursuant to its policies.

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E. HEART represents and warrants that it will comply with all labor laws with respect to its employees providing Work to City under this Agreement.

9. NON-SOLICITATION OF HEART STAFF
During the term of the Agreement, including any extensions thereof, City shall not actively recruit, solicit, or hire any HEART employee assigned by HEART to perform Work for City for the period of this Agreement and for one year thereafter. This shall in no way, however, be construed to restrict, limit, or encumber the rights of any employee granted by law, nor shall it in any way restrict either party from hiring employees who respond to advertisements, or make independent inquiries, for employment.

10. INSURANCE
A. Prior to beginning the Work and continuing throughout the term of this Agreement, HEART shall, at HEART’s sole cost and expense, furnish City with certificates of insurance evidencing that HEART has obtained and maintains insurance in the following amounts:
i. Workers’ Compensation that satisfies the minimum statutory limits. The Workers’ Compensation coverage shall be endorsed with or include a waiver of subrogation in favor of City for all Work performed by HEART and its staff. ii. Commercial General Liability and Property Damage Insurance in an amount not less than TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence, FOUR MILLION DOLLARS ($4,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by HEART and its staff.
iii. Comprehensive automobile insurance in an amount not less than TWO MILLION DOLLARS ($2,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles.

B. Each of the following shall be included in the coverage or added as an endorsement:
i. City and its officers, employees, agents, and volunteers shall be covered as additional covered parties with respect to HEART’s general commercial, and automobile coverage for claims, demands, and causes of action arising out of or relating to HEART’s performance of this Agreement and to the extent caused by HEART’s negligent act, error, or omission.
ii. An endorsement to HEART’s general commercial and automobile coverages must state that coverage is primary with respect to City and its officers, officials, employees, and volunteers.
iii. All coverages shall be on an occurrence or an accident basis, and not on a claims-made

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basis.

C. HEART shall include all subcontractors as insureds under its coverage or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

D. During the term of this Agreement, HEART may change the insurance program in which it participates. HEART will provide reasonable notice of any such change to City and replacement copies of Certificates of Coverage and endorsements.

E. The coverages stated herein shall be maintained throughout the term of this Agreement, and proof of coverage shall be available for inspection by City upon request.

F. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, HEART shall provide written notice to City at HEART earliest possible opportunity and in no case later than five (5) business days after HEART is notified of the change in coverage.

11. MISCELLANEOUS
A. COMPLIANCE WITH ALL APPLICABLE LAWS; NONDISCRIMINATION.

HEART and its staff shall comply with all applicable local, state, and federal laws, regulations, and ordinances in the performance of this Agreement. HEART shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, gender expression, gender identity, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state, or federal laws or regulations.

B. VENUE, ATTORNEYS’ FEES.

Any suit or action initiated by either party shall be brought in San Mateo County, California. In that event each party shall incur its own attorney’s fees, costs, or other legal expenses to enforce provisions of this Agreement against the other party, regardless of whether any party shall be deemed the prevailing party.

C. RECORDS
i. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that HEART prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. HEART hereby agrees to deliver those documents to City upon termination of the Agreement, if requested. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. ii. HEART shall hold any confidential information received from City in the course of

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performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, HEART shall return materials which contain any confidential information to City. For purposes of this paragraph, confidential information is defined as all information disclosed to HEART which relates to City past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law.

City shall notify HEART what information and documents are confidential and thus subject to this Section. iii. HEART shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Work or expenditures and disbursements charged to City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment under this Agreement. iv. Inspection and Audit of Records. Any records or documents that this Section requires HEART to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.

D. ENTIRE AGREEMENT – AMENDMENTS.
i. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement.
ii. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter of this Agreement.
iii. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement.
iv. This Agreement may be amended or modified only by written Agreement signed by both Parties.

E. SEVERABILITY.

If any provisions of this Agreement are held invalid by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby if such remainder would continue to serve the purposes and objectives originally contemplated by the Parties.

F. REMEDIES, CHOICE OF LAW.

No remedy or election exercised hereunder shall be deemed exclusive but shall be cumulative with all other remedies at law or in equity. This Agreement shall be governed by the laws of the State of California.

G. MEDIATION.

Should any dispute arise out of this Agreement, the parties shall meet in mediation and

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attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached, neither party shall be deemed the prevailing party for purposes of the settlement, and each party shall bear its own legal costs.

H. WAIVER
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

I. AUTHORITY TO ENTER AGREEMENT
Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. [SIGNATURE CONTINUES NEXT PAGE]

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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month, and year first above written.

HEART

HOUSING ENDOWMENT AND REGIONAL TRUST OF
SAN MATEO COUNTY, a Joint Powers Agency (“JPA”)
formed and existing under the laws of the State of California By: ___________________________________
Armando Sanches, Executive Director
[SIGNATURE CONTINUES NEXT PAGE]

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CITY:

CITY OF SAN CARLOS, a municipal corporation
By: ___________________________________
Name: Kathy Kleinbaum
Its: City Manager
APPROVED AS TO FORM:

By:

Name: Greg Rubens
Its: City Attorney

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EXHIBIT A – Scope of Work
HEART and City will further refine the work plan and scope of services. Activities and services to be performed by HEART may include, but not be limited, to the following:

WORK PLAN DEVELOPMENT
• Consult with City to establish objectives, priorities and schedules for affordable housing programs and activities.
• Work with City to identify services and activities that will continue to be met through City staff and/or other contracted services/consultants.
• Establish monitoring and reporting systems to ensure the adequacy, quality, and timeliness of progress on housing programs and activities.

PROGRAM MANAGEMENT: INCLUSIONARY/BELOW MARKET RATE (“BMR”) HOUSING • Review existing City inclusionary housing ordinances and procedures and make recommendations for improvements that will help City meet production and fair housing goals set out in the Housing Element.
• Implement of policies and procedures related to legal agreements, marketing, preferences, and lease-ups or sales that improve operations and the process for applicants and residents while also adhering to industry standards in terms of fair housing marketing principles and eligibility determinations.
• Establish systems to monitor BMR units for ongoing eligibility and affordability. • Establish procedures and systems to ensure the efficient leasing of BMR rental units upon turnover. • Implement of policies and procedures for resale and subordination requests related to BMR ownership units.
• Track all inclusionary housing activity including project status, marketing timelines, lease-ups, sales, and re-sales.
• Identify, solicit, recommend, and prepare contracts with consultants, as needed.

PROGRAM MANAGEMENT: 100% AFFORDABLE HOUSING DEVELOPMENTS • Review compliance activities, including the monitoring of regulatory agreements and performance of administrative tasks as requested by the City related to its affordable housing loan portfolio. • Recommend and prepare policies and procedures related to the use of local funds for the development of 100% affordable housing, including developer selection criteria. • Research and inform the City of affordable housing funding and financing sources, guidelines, and deadlines.
• Review and evaluate affordable housing proposals and make recommendations regarding project selection to the City Council.
• Assist City with disposition of City owned properties for the production of affordable housing, including selection of a developer, assistance with project approval, and assistance with funding

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applications, while assuring compliance with State laws related to property disposition. • Attend meetings and make presentations to City staff, City Council, administrators, and various private and community organizations to discuss project status, as necessary. • Review existing affordable housing agreements and assist the City with efforts to preserve existing income restricted housing threatened by rehabilitation needs or expiring affordability agreements.

IMPLEMENTATION OF THE HOUSING ELEMENT

In consultation with City, HEART may undertake additional activities intended to implement the Housing Element and the City’s housing goals including, but not limited to:
• Assist City with the completion of State required Annual Progress Reports. • Asist with creation of any housing policies or programs called for in the Housing Element • Develop and begin implementation of monitoring procedures for Accessory Dwelling Units. • Advise City on the establishment of a fund to support housing production. • Advise City on the use of local funds for programs that support resident stability such as rental assistance, relocation assistance, eviction prevention, home repairs, and foreclosure prevention. • Assure that the City web site includes information on fair housing, housing resources, and services and recommend adding information as needed.
• Prepare and make information available to City residents on housing-related questions. • Implement other Housing Element goals, as defined by the City.

MEETING OTHER HOUSING REQUIREMENTS
HEART shall assist the City in meeting any additional housing policy and program requirements that may be established by the local, state, or federal government and quasi-governmental agencies, such as those required under the Metropolitan Transit Commission’s Transit Oriented Communities Policy.

MONITORING EVOLVING STATE AND FEDERAL GUIDELINES AND RESOURCES • Review and prepare memos on proposed Federal and State regulations and their prospective impact on local requirements and programs, and suggest alternative courses of action, as applicable. • Provide updates to City elected officials regarding details on State and Federal requirements. • Maintain an awareness of the availability, guidelines, and deadlines for federal and state affordable housing funding sources.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: June 22, 2026
ITEM TITLE: Adopt a Resolution Authorizing the Execution of a Short-Term, Month-to-Month Lease Agreement with HIP Housing for Temporary Use of City-Owned Office Space at the San Carlos Library to Support Leasing Activities for the Cherry Street Commons Project at No Charge.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution authorizing the execution of a shortterm, month-to-month lease agreement with HIP Housing for temporary use of City-owned office space at the San Carlos Library to support leasing activities for the Cherry Street Commons project at no charge.

FISCAL IMPLICATIONS:

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

BACKGROUND:

In 2023, the City, HIP Housing, and Eden Housing entered into a Disposition, Development, and Loan Agreement (DDLA) to redevelop the property at 1244 Cherry Street into Cherry Street Commons, a 33-unit affordable housing development. Construction commenced in April 2025 and is anticipated to be completed in late 2026.

As construction progresses, the development team is preparing for the tenant leasing process to facilitate timely occupancy upon completion of the project. To support this effort, HIP Housing requested temporary office space for leasing activities, including applicant intake, interviews, and secure storage of confidential application materials.

Staff identified the currently vacant office space located on the second floor of the San Carlos Library at 610 Elm Street as a suitable location due to its proximity to the project site and its ability to accommodate the operational needs of the leasing process.

ANALYSIS:

To support the successful delivery of Cherry Street Commons, staff recommend granting HIP Housing temporary use of three suites within the City-owned office space at the San Carlos Library at no charge. Providing office space at no cost will allow HIP Housing to direct limited project resources toward marketing and outreach efforts, helping to maximize awareness of the housing opportunity and build a robust interest list of qualified applicants.

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The proposed lease agreement establishes the terms, duration, maintenance responsibilities, and other conditions governing the temporary use of the City-owned property. HIP Housing anticipates using the office space to conduct leasing activities from July through October 2026.

Approving the lease agreement will provide a convenient and secure location for these activities, help streamline the leasing process, and support the timely occupancy and successful completion of the Cherry Street Commons affordable housing development.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution authorizing the execution of a short-term, month-to-month lease agreement with HIP Housing for temporary use of City-owned office space at the San Carlos Library to support leasing activities for the Cherry Street Commons Project at no charge; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Sajuti Haque, Economic Development and Housing Manager; and Al Savay, Community Development Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Resolution

2. Proposed Lease Agreement

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RESOLUTION NO. 2026 – ____

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

AUTHORIZING THE EXECUTION OF A SHORT-TERM, MONTH-TO-MONTH LEASE

AGREEMENT WITH HIP HOUSING FOR TEMPORARY USE OF CITY-OWNED

OFFICE SPACE AT THE SAN CARLOS LIBRARY TO SUPPORT LEASING ACTIVITIES FOR THE CHERRY STREET COMMONS PROJECT AT NO CHARGE.

WHEREAS, in 2023, the City, HIP Housing, and Eden Housing entered into a Disposition, Development, and Loan Agreement (DDLA) to redevelop the property at 1244 Cherry Street into Cherry Street Commons, a 33-unit affordable housing development; and WHEREAS, project construction began in 2025 and the development team currently requires temporary office space for leasing activities, including applicant intake, interviews, and secure storage of confidential application materials; and WHEREAS, staff identified vacant office space located on the second floor of the San Carlos Library at 610 Elm Street as a suitable location due to its proximity to the project site and its ability to accommodate the operational needs of the leasing process; and WHEREAS, to support the successful delivery of Cherry Street Commons, staff recommend granting HIP Housing temporary use of City-owned office space at the San Carlos Library at no charge, enabling the development team to direct limited project resources toward marketing and outreach efforts to maximize awareness of the housing opportunity and build a robust interest list of qualified applicants; and
WHEREAS, the proposed lease agreement establishes the terms, duration, maintenance responsibilities, and other conditions governing the temporary use of the City-owned property, which HIP Housing anticipates using from July through October 2026; and WHEREAS, approving the lease agreement will provide a convenient and secure location for leasing activities, help streamline the leasing process, and support the timely occupancy and successful completion of the Cherry Street Commons affordable housing development.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby authorizes the execution of a short-term month-to-month lease agreement with HIP Housing for temporary use of City-owned office space at the San Carlos Library to support leasing activities for the Cherry Street Commons Project at no charge.
* * * * *
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 22nd day of June 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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1 SHORT-TERM MONTH TO MONTH LEASE AGREEMENT
THIS SHORT-TERM MONTH TO MONTH LEASE AGREEMENT (“Lease” or “Lease Agreement”), made and entered into this _____day of June 2026 by and between the CITY OF SAN CARLOS ("City"), a California municipal corporation, and (“Lessee”), a non-profit corporation, _______ executed in the City of San Carlos, County of San Mateo.

WITNESSETH:

The parties hereto mutually agree as follows:

1. Premises. City hereby leases unto Lessee and Lessee hereby hires from City those certain Premises situated in the City of San Carlos, County of San Mateo, State of California, and more particularly described as follows: San Carlos Library, 610 Elm Street, San Carlos, California, 2nd Floor, Conference Room, Waiting Room, and Office (“Premises” or “Leased Premises”). Lessee shall not use the restroom within the Premises but may use the public restrooms located in the first and second floor of the Library.

2. Lease Term. To have and hold said Leased Premises, together with the appurtenances, rights, privileges, and easements thereunto belonging or appertaining unto Lessee for a term commencing on the 1st day of July, 2026, and ending on the 31st day of October, 2026 with such rights of termination as are hereinafter set forth with no rent payable by Lessees.
a. The Lease may be extended three additional months under the same terms with the authorization of the City Manager. The Lessee must request the extension in writing 30 days before the expiration. The City and Lessee must mutually agree on lease extensions.

3. Rate. No monthly rent shall be charged for Leased Premises. The parties acknowledge that the use of the Premises is directly affiliated with the City-funded Cherry Street Commons project, and that providing the space at no-cost will help streamline the leasing process and support the timely completion of the project. The parties agree that these public benefits constitute adequate consideration for this Lease.

4. Security Deposit. Lessee shall deposit $_500_ as a security deposit to secure payment of rent and damages arising out of the Lease.

5. Notices. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when hand delivered or sent via mail and email to:

City at: City Manager
City of San Carlos
600 Elm Street
San Carlos, CA 94070
Email: [email protected]
Lessee at: __________________________

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2 6. Hold Harmless. Lessee does further expressly agree to defend, indemnify and save City, its officers, agents, and employees harmless from any and all claims for loss, damage, injury, or liability of whatsoever nature and howsoever the same may be caused or may arise resulting directly or indirectly from the exercise of this Lease or the occupation of the Premises herein permitted to be used or the Premises of City to which Lessee, its agents, employees, or Lessee may have access by reason of this Lease, other than claims arising from the gross negligence or willful misconduct of City.

7. Telephone and Internet Services. Lessee shall be responsible for providing its own telephone services and equipment as well as Internet services and equipment during the term of this Lease.

8. Access. The City shall provide a limited number of fobs and/or keys to access the premises. Once the lease terminates, the lessee is required to return the fobs and keys to the City. Lessee is responsible for ensuring the premises is secured daily and that all doors are locked after the hours of operations.

9. Maintenance Repairs and Alterations.

9.1 City’s Obligations.
a. Except for damage caused by any negligent or intentional act or omission of Lessee, Lessee’s agents, employees, or invitees, in which event Lessee shall repair the damage, City, at City’s expense, shall keep in good order, condition and repair the foundations, exterior walls, heating, ventilation and air conditioning systems, electrical panel, water main and the exterior roofing surfaces of the Premises.
b. Lessee acknowledges that the premises come “AS IS” condition and there will be no interior improvements provided by the City. The Lessee is responsible for providing any furnishings necessary for the operations. City shall have no obligation to make any repairs unless of an emergency and until a reasonable time after receipt of written notice of the need for such repairs. Request for emergency repairs and maintenance services shall be submitted to the City of San Carlos Parks Superintendent or designee in a timely manner with a reasonable lead time, except in dire emergency situations.
c. The City of San Carlos Parks Superintendent or designee will be the contact for Lessee for any repairs and maintenance services.

9.2 Lessee’s Obligations.
a. Lessee accepts the Premises in their “AS IS” condition. Except as otherwise provided by this Lease, Lessee, at Lessee’s expense, shall keep in good order, condition and repair the Premises and every part thereof (whether or not the damaged portion of the Premises or the means of repairing the same are reasonably or readily accessible to Lessee) except for the foundations, exterior walls, heating, and ventilation systems, water main, electrical panel, exterior roofing surfaces of the Premises and any termite damage that may exist at the commencement of this Lease. Lessee expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Lessee the right to make

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3 repairs at City’s expense or to terminate this Lease because of City’s failure to keep the Premises in good order, condition and repair.
b. Lessee shall be entitled to make repairs at its own cost and expense. Lessee is responsible for, and at its sole cost and expense, repairs and maintenance services required by usage of the space including, but not limited, to lamp replacement, painting and modifications. No structural changes or repairs or maintenance services, including but not limited to lighting fixture replacement, and electrical, mechanical or structural modifications, shall be made without approval of the City of San Carlos Parks Superintendent or designee. Any outside vendor selected by Lessee to perform any repairs or maintenance services including but not limited to lighting fixture replacement and structural, mechanical or electrical modifications shall be approved by the City of San Carlos Parks Superintendent or designee.

9.3 Alterations and Additions.
a. Lessee shall not without City’s prior written consent make any alterations, improvements, additions, and/or Utility Installations within the Premises, exceeding One Thousand Dollars ($1,000.00) in cost.
b. As used in this section the term “Utility Installation” shall mean bus ducting, power panels, wiring, fluorescent fixtures, space heaters, conduits, air-conditioning and plumbing. City may require that Lessee remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the term, and restore the Premises to their prior condition. City may require Lessee to provide City, at Lessee’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated costs of such improvements, to insure City against any liability for mechanic’s and materialmen’s liens or stop notices and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility installations without the prior approval of City, City may require that Lessee remove any or all of such. c. Any alterations, improvements, additions or Utility Installations in or about the Premises that Lessee wish to make and which require the written consent of City shall be presented to City in written form with proposed detailed plans. If City shall give its consent the consent shall be deemed conditional upon Lessee’s acquiring of a permit or permits to do so from appropriate agencies, the furnishing of a copy thereof to City prior to the commencement of the work, and the compliance by Lessee of all conditions of said permit or permits in a prompt and expeditious manner.
d. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims are or may be secured by any mechanic’s or materialmen’s lien against the Premises or any interest therein, or claimed under a stop notice. Lessee shall give City no less than ten (10) days notice prior to the commencement of any work in or on the Premises, and City shall have the right to post notices of nonresponsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and City against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement

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4 thereof against City or the Premises, upon the condition that if City shall require, Lessee shall furnish to City a surety bond satisfactory to City in an amount equal to such contested lien claim or demand indemnifying City against liability for the same and holding the Premises free from the effect of such lien or claim. In addition, City may require Lessee to pay City’s attorneys’ fees and costs in participating in such action if City shall decide it is in its best interest to do so.

10. Assignment and Subleasing. Lessee shall not assign or hypothecate this Lease or any interest therein, sublet the Premises or any part thereof, or permit the use of the Premises by any Party other than Lessee without the prior written consent of the City, which consent shall not be unreasonably withheld, delayed or conditioned. Any of the foregoing acts without such consent shall be void and shall, at the option of the City, be deemed an Event of Default and shall terminate this Lease. This lease shall not, nor shall any interest of Lessee herein, be assignable or transferrable in any proceedings or by operation of law without the written consent of City, which consent shall not be unreasonably withheld, delayed or conditioned, and except as set forth below.

11. Use of Premises. The Premises are hereby leased to Lessee upon the express condition that Lessee shall use said Premises for use as the administrative offices for the purpose of reviewing applications and interviewing candidates related to the lease-up process for the Cherry Street Commons project. Lessee shall not use any portion of the Premises for purposes other than those specified hereinabove, and no use shall be made or permitted to be made upon the Premises, nor acts done, which will increase the existing rate of insurance upon the property, or cause cancellation of insurance policies covering said property.

12. Entry on Premises. City may enter the Premises with consent of Lessee or upon prior reasonable written notice to Lessee (24 hours shall be deemed reasonable advance notice) for the purposes of conducting reasonable inspection, making repairs, alterations or additions, showing the Premises to prospective Lessees, purchasers, or mortgagees, or for any other valid and reasonable business purpose. Entry shall be made during regular business hours. In the event of an emergency (such as fire or plumbing leak, etc.), City may enter the Premises without consent or prior notice.

13. Lessee Parking. Lessee and its guests are allowed to legally park as posted in the available public parking spaces in the library’s surface or underground parking lot.

14. Binding on Successors. This Lease is and shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto.

15. Insurance. Lessee shall provide evidence of insurance for the term of the agreement protecting the City, its officers, agents, and employees, from occurrences as to bodily injury liability and property damage liability. Such evidence will be supplied by filing a certificate of insurance issued to the City of San Carlos

15.1 Liability Insurance.
a. Lessee shall, at Lessee’s expense, obtain and keep in force during the term of this Lease a policy of combined single limit bodily injury and property damage insurance insuring City and Lessee against any liability arising out of the ownership interest, use, occupancy or maintenance of the Premises and all areas appurtenant thereto.

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5 b. Such insurance shall be a combined single limit policy in an amount no less than Two Million Dollars ($2,000,000.00). The policy shall contain cross liability endorsements and insure performance by Lessee of the indemnity provisions of this Lease. The limits of said insurance shall not, however, limit the liability of Lessee hereunder. In the event that the Premises constitute a part of a larger property said insurance shall have a Lessor’s Protective Liability endorsement attached thereto. If Lessee shall fail to procure and maintain said insurance, City may, but shall not be required to, procure and maintain the same and at the expense of Lessee.
c. City and its agents, employees and officials shall be named as additional insureds on said policy and Lessee shall provide City with a certificate of said insurance coverage.

15.2 Property Insurance. Against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

15.3 Insurance Company Rating. Insurance required hereunder shall be in companies holding a “General Policyholders Rating” of B plus or better as set forth in the most current issue of the “Best Insurance Guide.” Lessee shall deliver to City copies of policies of liability insurance required or certificates evidencing the existence and amounts of such insurance with loss payable clauses satisfactory to City. No such policy shall be cancelable or subject to reduction of coverage or other modification except after ten (10) days prior written notice to City. Lessee shall, within ten (10) days prior to the expiration of such policies, furnish City with renewals or “binders” thereof, or City may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee upon demand. Lessee shall not do or permit to be done anything which shall invalidate the insurance policies referred to herein.

15.4 Waiver of Subrogation. Lessee and City each hereby waives any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at the time of such loss or damage. Lessee and City shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease.

15.5 Exemption of City from Liability. Lessee hereby agrees that City shall not be liable for injury to Lessee’s “business” or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee’s employees, invitees, customers, or any other person in, on, or about the Premises, nor shall City be liable for injury to the person of Lessee, Lessee’s employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or upon other portions of the building of which

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6 the Premises are a part, or from other sources or places, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee.

16. Severability. If any provision of this Lease Agreement, or its application, is held invalid, it will not affect other provisions or application herein which can be given effect without the invalid provision or application. To this end, all provisions of the Lease Agreement are severable.

17. Attorney’s Fees. In the event of litigation or arbitration between the parties over the terms or performance of this Lease, the prevailing party shall be entitled to reasonable attorney’s fees and costs.

18. City Repair of Lessee Damage. If at any time during the term hereof the Premises are damaged, except by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at its expense), and such damage was caused by a casualty not covered under an insurance policy required to be maintained by City, City may at City’s option either (i) repair such damage as soon as reasonably possible at City’s expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such damage of City’s intention to cancel and terminate this Lease as of the date of the occurrence of such damage. In the event City elects to give such notice of City’s intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to City of Lessee’s intention to repair such damage at Lessee’s expense, without reimbursement from City, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible.

If Lessee does not give such notice within the ten (10) day period, this Lease shall be terminated as of the date of the occurrence of such damage.

18.1 Total Destruction. If at any time during the term hereof the Premises are totally destroyed from any cause whether or not covered by the insurance required to be maintained by City (including any total destruction required by any authorized public authority) this Lease shall automatically terminate as of the date of such total destruction.

19. Defaults. The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by Lessee:
a. The vacating or abandonment of the Premises by Lessee; b. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee, where such failure shall continue for a period of thirty (30) days after written notice from City to Lessee; provided, however, that if the nature of Lessee’s default is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion; c. (i) The making by Lessee of any general arrangement for the benefit of creditors; (ii) the filing by or against Lessee of a petition to have Lessee judged a bankrupt

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7 or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where possession is not restored to Lessee within thirty (30) days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Premises or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days; and
d. The discovery by City that any financial statement given to City by Lessee, any assignee of Lessee, any subtenant of Lessee, any successor in interest of Lessee or any guarantor of Lessee’s obligation hereunder, and any of them, was materially false.

19.1Remedies. In the event of any such material default or breach by Lessee, City may at any time thereafter, with or without notice or demand, and without limiting City in the exercise of any right or remedy which City may have by reason of such default or breach:
a. Terminate Lessee’s right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to City. In such event City shall be entitled to recover from Lessee all damages incurred by City by reason of Lessee’s default including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises and reasonable attorney’s fees.
b. Maintain Lessee’s right to possession in which case this Lease shall continue in effect whether Lessee have abandoned the Premises. In such event, City shall be entitled to enforce all of City’s rights and remedies under this Lease. c. Pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California.

20. Time of Essence. Time is of the essence.

21. Notice. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficiently given if addressed to Lessee or to City at the address noted in section 3 for the respective parties, as the case may be. Either party may be notice to the other specify a different address for notice purposes except that upon Lessee taking possession of the Premises, the Premises shall constitute Lessee’s address for notice purposes. A copy of all notices required or permitted to be given to City hereunder shall be concurrently transmitted to such party or parties at such addresses as City may from time to time hereafter designate by notice to Lessee.

22. Holding Over. If Lessee remains in possession of the Premises or any part thereof after the expiration of the term hereof without the express written consent of City, without waiving any City remedies provided herein, such occupancy shall be considered a tenancy

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8 from month to month at a rental in the amount based on its fair market value times 125%, and upon all terms hereof applicable to a month to month tenancy.

IN WITNESS WHEREOF, this Lease has been executed by the parties hereto as of the date first above written.

DATED: __________________, 2026 CITY OF SAN CARLOS
By_____________________________
Kathy Klienbalm, City Manager
DATED: __________________, 2026 HIP Housing
By_____________________________
_____________________________
DATED: __________________, 2016 Approved as to Form
By_____________________________
Greg Rubens, City Attorney

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CITY COUNCIL

STAFF REPORT
MEETING DATE: June 22, 2026
ITEM TITLE: Adopt a Resolution Awarding the Library Elevator Upgrade Project (C2518); Approving the Use of the Library Excess Trust Fund in the Amount of $350,000; Authorizing the Execution of an Agreement with W.E. Lyons Construction Co. in the Amount of $458,500; and Authorizing the Expenditure of a Contingency in the Amount of $68,775 for a Total Not-to-Exceed Contract Amount of $527,275.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution awarding the Library Elevator Upgrade Project (C2518) (“Project”); approving the use of the Library Excess Trust Fund in the amount of $350,000; authorizing the execution of an agreement with W.E. Lyons Construction Co. in the amount of $458,500; and authorizing the expenditure of a contingency in the amount of $68,775 for a total not-to-exceed contract amount of $527,275.

FISCAL IMPLICATIONS:

The City Council appropriated $300,000 for the Project in September 2025 and approved the use of the Library Excess Trust Fund to cover the costs. However, the engineer’s updated estimate is $400,000 for construction alone. The original $300,000 budget did not account for consultant costs associated with design, project management, construction management, as well as increased construction costs. Project expenses to date have been used to prepare the construction bid documents and complete coordination efforts necessary to prepare the project for bidding.

The table below provides a summary of the existing budget, additional appropriation, current and projected expenditures:

Original Appropriation Fiscal Year (FY) 2025-26 $300,000 Additional Appropriation Request with Midcycle Budget Adoption $350,000 Total Revised Appropriation $650,000
Expenses
Project Expenses to Date (CSG Consultants and Salas O’Brien) $49,561 Construction Document Preparation (Salas O’Brien) Invoices $37,523 Construction $458,500
Construction Contingency (15%) $68,775

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Construction Management (CSG Consultants) $35,641
Total Expenses $650,000
A request for an additional appropriation of $350,000 from the General Capital Fund is included as part of the mid-cycle budget adoption to fully fund the Project to completion.

Staff request approval of the use of the Library Excess Trust Fund to reimburse the General Capital Fund for the additional expenditure to fully fund the Project to completion. Final approval from the San Mateo County Library (SMCL) will be sought following the City Council’s approval through SMCL’s standard approval process and timeline (estimated early September 2026).

BACKGROUND:

The existing San Carlos Library elevator requires upgrade due to its age and lack of more modern components that offer improved efficiency, functionality, and design.

This project involves the upgrade of the existing elevator system at the library to enhance functionality, aesthetics, and overall user experience. The planned improvements include the replacement of the interior cab controls, hall stations (call buttons and indicator lights), lantern lights, and the tank unit controller located in the elevator machine room. In addition, the elevator cab interior will be updated with new panels, lighting, and flooring. Installation of a new fire alarm control panel is required to interface with the new fire and life safety devices being installed as part of the elevator upgrades. All work will be coordinated to ensure minimal disruption to library operations while modernizing the elevator’s performance, appearance and safety.

In December 2025, staff retained Salas O’Brien Engineers to provide design and construction document preparation services and CSG Consultants to provide project and construction management services for the project.

The final bid construction documents were signed by the City Engineer on March 27, 2026, and the City Council approved the construction documents on April 13, 2026.

ANALYSIS:

On April 14, 2026, the City advertised the Project for construction bids and bids were opened on May 19, 2026. Four bids were received with the following results:

Contractor Bid Amount
OnPoint Construction $414,834.00
W.E. Lyons Construction $458,500.00
MFS Construction $547,575.73
Foundry Construction, Inc. $705,950.00
The City received bids from the above-mentioned bidders and determined OnPoint Construction Inc. to be the apparent low bidder. A timely bid protest from the second-low bidder, W.E. Lyons Construction Co., was received on May 22, 2026.

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Staff reviewed the protest, investigated the matter, and found OnPoint Construction’s bid was incomplete and non-responsive. Therefore, staff recommend awarding the construction contract to the responsible and responsive bidder, W.E. Lyons Construction Co. in the amount of $458,500 and authorizing the expenditure of a contingency in the amount of $68,775 for a total not-toexceed contract amount of $527,275.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution Awarding the Library Elevator Upgrade Project (C2518); approving the use of the Library Excess Trust Fund in the amount of $350,000; authorizing the execution of an agreement with W.E. Lyons Construction Co. in the amount of $458,500; and authorizing the expenditure of a contingency in the amount of $68,775 for a total not-toexceed contract amount of $527,275; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Alex Tat, Principal Engineer; and
Steven Machida, Public Works Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Resolution

2. W.E. Lyons Construction Co. bid

3. Bid Protest and Determination letters

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AWARDING THE LIBRARY ELEVATOR UPGRADE PROJECT (C2518); APPROVING THE USE OF THE LIBRARY EXCESS TRUST FUND IN THE AMOUNT OF $350,000; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH W.E. LYONS CONSTRUCTION CO. IN THE AMOUNT OF $458,500; AND AUTHORIZING THE EXPENDITURE OF A CONTINGENCY IN THE AMOUNT OF $68,775 FOR A TOTAL NOTTO-EXCEED CONTRACT AMOUNT OF $527,275.

WHEREAS, the San Carlos library elevator requires upgrade due to its age and lack of more modern components that offer improved efficiency, functionality, and design; and WHEREAS, the Library Elevator Upgrade Project (“Project”) will enhance functionality, aesthetics, safety, and overall experience for library patrons and staff, while aligning with the City’s broader efforts to invest in long-term improvements to public facilities. This project supports the continued upkeep and modernization of infrastructure in a high-use community space; and WHEREAS, the proposed improvements include the replacement of the interior cab controls, hall stations (call buttons and indicator lights), lantern lights, and the tank unit controller located in the elevator machine room. In addition, the elevator cab interior will be updated with new panels, lighting, and flooring. Installation of a new fire alarm control panel is required to interface with the new fire and life safety devices being installed as part of the elevator upgrades; and
WHEREAS, the final bid construction documents were signed by the City Engineer on March 27, 2026, and the City Council approved the construction documents on April 13, 2026; and
WHEREAS, on April 14, 2026, the City advertised the Project for construction bids and bids were opened on May 19, 2026; and
WHEREAS, four bids were received, and the apparent low bid was submitted by OnPoint Construction; and
WHEREAS, following bid opening, W.E. Lyons Construction Co. submitted a timely bid protest to OnPoint Construction’s bid proposal; and
WHEREAS, staff reviewed the bid protest, investigated the matter, and found OnPoint Construction’s bid proposal was incomplete and non-responsive. Therefore, staff recommend awarding the construction contract to the responsible and responsive bidder, W.E. Lyons Construction Co.; and
WHEREAS, staff recommend approving the use of the Library Excess Trust Fund in the amount of $350,000 to reimburse the General Capital Fund for the additional expenditure to fully fund the Project to completion. Final approval from the San Mateo County Library will be sought, following City Council approval, through SMCL’s standard approval process and timeline (estimated early September 2026).

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NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Carlos hereby awards the Library Elevator Upgrade Project (C2518); approves the use of the Library Excess Trust Fund in the amount of $350,000; authorizes the City Manager to execute an agreement with W.E. Lyons Construction Co. in the amount of $458,500; and authorizes the expenditure of a contingency in the amount of $68,775 for a total not-to-exceed contract amount of $527,275.
* * * * *
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 22nd day of June 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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1301 Ygnacio Valley Road  Walnut Creek, CA 94598  Tel 925 658-1600  Fax 925 658-1604 www.welyons.com  State License 180607 A.B1
June 22, 2026

VIA EMAIL
City of San Carlos – Public Works Department
600 Elm Street
San Carlos, CA 94070
Attn: Wassim Basha, Project Manager
Email: [email protected]
Phone: (650) 436-7639
Public Works Department
Phone: (650) 802-4200
Re: Library Elevator Upgrade - Formal Bid Protest – On Point Construction Inc.

Dear Mr. Basha:

W.E. Lyons Construction Co. (“Lyons”) respectfully submits this formal bid protest regarding the bid submitted by On Point Construction Inc. (“On Point”) for the above-referenced public works project.

Based on our review of On Point’s bid documents and applicable California Public Contract Code requirements, On Point’s bid is non-responsive and should be rejected for failure to properly list a required Fire Alarm subcontractor pursuant to California Public Contract Code §4104.

Failure to List Fire Alarm Subcontractor
California Public Contract Code §4104 requires bidders to list all subcontractors performing work in excess of one-half of one percent (0.5%) of the total bid amount, including the subcontractor’s name, business location, contractor license number, and DIR registration number.

On Point failed to list a Fire Alarm subcontractor on its Designated Subcontractors List despite the Fire Alarm scope clearly exceeding the statutory threshold requiring listing under PCC §4104.

Instead, On Point only listed Micheletti Electric Construction for electrical work. Micheletti Electric Construction was also listed by W.E. Lyons Construction Co. as the electrical subcontractor on this project.

Lyons contacted Dino Micheletti, owner of Micheletti Electric Construction, who confirmed that Micheletti Electric Construction did not submit a Fire Alarm proposal to On Point Construction. (City's consultant project manager) (Inaccurately dated here. Email from W.E. Lyons received May 22, 2026.)

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Therefore, the subcontractor listed by On Point was only pricing electrical work and not the required Fire Alarm scope, see the attached email.

All other bidders on this project listed a Fire Alarm subcontractor, further confirming that the Fire Alarm scope exceeded the statutory listing threshold and required separate subcontractor designation.

Lack of Proper Contractor License Classifications
Additionally, On Point Construction does not possess C-10 (Electrical), or C-16 (Fire Protection) contractor license that would permit it to legally self-perform the Fire Alarm work.

Because On Point neither listed a qualified Fire Alarm subcontractor nor possesses the required contractor license classifications to self-perform this work, its bid is materially non-responsive under California Public Contract Code §4104 and applicable contractor licensing laws.

Allowing On Point to substitute or identify a Fire Alarm subcontractor after bid opening would create an unfair competitive advantage and undermine the integrity of the public bidding process and the protections established under the California Subletting and Subcontracting Fair Practices Act.

Conclusion and Request for Relief
For the reasons stated above, W.E. Lyons Construction Co. respectfully requests that the City of San Carlos:

1. Determine that On Point Construction Inc.’s bid is non-responsive;

2. Reject On Point Construction Inc.’s bid for failure to comply with California Public Contract Code §4104; and

3. Award the contract to the next lowest responsive and responsible bidder, W.E. Lyons Construction Co.

Attached please find supporting documentation including:
• Pre-bid email correspondence from Dino Micheletti confirming no Fire Alarm was included in his proposal (which was also submitted to On Point Construction). • Fire alarm vendor proposal showing costs more than one-half of one percent (0.5%) per the listing requirements.

Thank you for your attention to this matter. Please confirm receipt of this protest. W.E. Lyons Construction Co. reserves all rights available under applicable law.

Sincerely,
Nick Gooding
Estimator
W.E. Lyons Construction Co.
[email protected]

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cc: On Point Construction Inc.
6815 Rockview Court
San Jose, CA 95120
Attn: Estimating
[email protected]

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From: dinom <[email protected]>
Sent: Friday, May 15, 2026 12:13 PM
To: Nicholas Gooding
Subject: Re: San Carlos - Elevator Project
Nick,

1. F/A: As indicated in our original proposal, our fire alarm scope is limited to providing conduit, boxes, and wire only.

The fire alarm equipment, devices, programming, design, and associated “parts/smarts” are to be provided by others under a separate fire alarm vendor.

At this time, that scope remains unchanged.

2. Shunt Trip: Based on the drawings, we excluded the shunt trip breaker because the one-line diagram shows a standard 3-pole fused disconnect for the elevator with no shunt trip provisions indicated.

Typically, elevator shunt trip applications are associated with the main 3-pole elevator disconnect/disconnecting means, as the purpose is to remove all power to the elevator equipment upon activation from the fire alarm system. A standalone 20A single-pole shunt trip breaker would generally not serve as the primary elevator disconnecting means.

We did notice the 20A single-pole shunt trip breaker shown on the panel schedule; however, without corresponding indication on the one-line or disconnect schedule that the elevator disconnect itself is to include shunt trip functionality, we interpreted the drawings as excluding that scope.
regards,
dino
On Fri, May 15, 2026 at 11:23 AM Nicholas Gooding <[email protected]> wrote:

Hello Dino:

Just checking to see if you’ve received addenda 3 for this project? See the attached.

The fire alarm scope has changed.

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Please confirm you will have a FA vendor to include the parts/smarts/design, and you will have the installation.

Also, you excluded the shunt trip breaker, but I see a new shunt trip breaker on the panel schedule, let me know if I am mistaking.

My bid is due Tuesday at 9am, so I will need your revised number on Monday.

Thanks.

Nick Gooding
Project Manager
1301 Ygnacio Valley Road
Walnut Creek, CA 94598
Cell: 925-708-0134
(925) 658-1600 Ext. 107
(925) 658-1604 fax
[email protected]
www.welyons.com

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6960 Koll Center Parkway #300
Pleasanton, CA 94566
510-632-1208
[email protected]
www.pyrocomm.com

SAN DIEGO OFFICE
5115 Avenida Encinas, Ste G
Carlsbad, CA 92008

IRVINE OFFICE
15215 Alton Parkway, 100
Irvine, CA 92618
760-930-6014 949-900-3460

ELEVATOR MOD SYSTEM PARTS & SMARTS PROPOSAL
Job Site: San Carlos Library
610 Elm Street
San Carlos, CA 94070
To:
(Hereinafter
"Customer")
W.E. Lyons Construction Co.
1301 Ygnacio Valley Road
Walnut Creek, CA 94598
Date: May 19, 2026 Attention: Nik Gooding
Project: Fire Alarm System Phone: 925-708-0134
Project #: N/A Email: [email protected]
Project Scope of Work:

Pyro-Comm Systems Inc (PCSI) is pleased to provide the following Parts and Smarts fire alarm proposal for elevator modernization project in accordance with the project drawings dated 04-28-2026 and Addendums 1, 2, & 3. We understand that Addendum #3 indicates replace the existing Notifier AFP-200 panel an with a new N16X Notifier panel which we have provided. All installation material and labor will be provided by the Customer and is excluded from this proposal. We understand that there is an existing Notifier fire alarm panel. We understand this work will be during straight time 7 AM to 3:30 PM working hours the customer will provide background CAD files and as-built fire alarm drawings for this building to create the fire alarm drawings required for the permit. We have estimated the San Carlos Fire Department (SCFD) permit and inspection fees.

The equipment and services will be as follows:
1 Notifier N16X Addressable Fire Alarm Panel with Batteries 2 Notifier N16X Addressable Loop Cards
1 Notifier CLSS Cellular Dialer
2 Notifier Addressable Module Relays (One for Shunt Trip and One for Flashing Hat Functions) 1 Notifier Addressable Monitoring Modules (Shunt Trip)
1 Notifier Addressable Yeat Detector with Base
• Engineering & Fire Alarm Submittals/Drawings
▪ One SCFD Permit and One SCFD Inspection Fee (Estimated at $1,500.00) 1 Programming and Assist with Fire Alarm System Pre-Testing Site Visit

1. Assist with Fire Alarm System Final SCFD Testing

1. Assist with Final Acceptance with the State Elevator Inspector • Close Out Package
• 1 Year Parts Warranty
Total Above Project including Sales Tax & Standard Freight: $19,782.00 Authorized Acceptance By: _____________________
Print: ______________________
Date: ______________________
CLARIFICATIONS/CONDITIONS:
➢ One Fire Department Inspection Fee is included in each project. ➢ Electrical Permits are excluded from this proposal and are to be paid for by others. ➢ Installation is excluded from this proposal.
➢ Pipe, wire, back boxes, terminal cabinets, NEMA enclosures are excluded from this proposal.

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6960 Koll Center Parkway #300
Pleasanton, CA 94566
510-632-1208
[email protected]
www.pyrocomm.com

SAN DIEGO OFFICE
5115 Avenida Encinas, Ste G
Carlsbad, CA 92008

IRVINE OFFICE
15215 Alton Parkway, 100
Irvine, CA 92618
760-930-6014 949-900-3460
➢ Changes to plans submitted at the time of as-builts, that require re-engineering of the system, will result in additional charges.
➢ CAD files are to be provided by others and shall be clean, free of excessive details; & ⅛” scale. All XREFS and fonts must be provided. If multiple XREFS are used per drawing, all XREFS must be bound to a single drawing.

If files are not clean, additional charges may be required for drawing clean up. ➢ Proposal includes maximum of three (3) sets of initial drawings and submittals. Requirements for additional sets may result in extra charges to the project. On projects where record drawings are being produced, the drawing sets will be sent out upon substantial completion of the project and receipt of 100% of payments due on the project.
➢ Fan, damper, HVAC controls or interfaces should be considered an extra unless specifically mentioned and outlined.
➢ Mechanical contractor to be responsible for locating, modifying ductwork, and the installation of products of combustion devices provided in this proposal.
➢ Duct detectors provided by mechanical contractor, fire alarm monitor modules for these two DD are provided in this proposal.
➢ If required access control override has been excluded from this proposal. ➢ Troubleshooting of problems associated with installation activities by others will be billed at the current billing rate for trouble shooting.
➢ PCSI has made every attempt to provide a proposal which will meet the requirements of the AHJ and the owner.

However, should additional devices, functions or services be required above and beyond the scope of this proposal they will be billed for at our current prices and labor rates unless specifically agreed to in writing. This proposal is based on our assessment and understanding of the needs for this project. ➢ This proposal includes only those devices and services listed above. ➢ Permits and sales tax are not included unless specified in the proposal. ➢ Pay if Paid clauses will not be accepted as part of contract terms. ➢ This proposal is valid for sixty (60) days from the date indicated above. ➢ Work shall not be performed until a contract/purchase order has been received and approved by the PCSI office. ➢ On projects that require plan checks and or submittals, no work shall be performed until all approvals have been received by the PCSI office. The liability for any work required prior to approvals shall be the sole responsibility of the owner/company required the work.
➢ Invoicing shall be monthly, based on progress of labor and material. PCSI reserves the right to stop work when any invoice exceeds 30 days past due.
➢ Disputed charges: the owner/contractor shall not retain any amount that exceeds the value of any disputed item including its labor.
➢ A one-year warranty is included from the date of final acceptance from the authority having jurisdiction. ➢ All software programming and manuals shall remain the sole property of PCSI. ➢ Any Painting and/or patching associated with the project.

Respectfully submitted,
Kevin M. Green
Vice President
[email protected]

This quotation supersedes any oral quotation which may have been furnished by seller to buyer with respect to the above-mentioned project. The prices and terms on this quotation are not subject to oral changes or other agreements unless approved by the seller in writing. Quotation valid for 30 days but cancelable in the event of strikes, accidents, fires and material availability and all other causes beyond seller's control. Terms inconsistent with order will not be binding on seller. Prices cover only materials listed below based on our interpretation of plans and specifications. Additional equipment, unless negotiated prior to order placement shall be billed accordingly. This quotation shall become an integral part of any Contract, Written Agreement, or Purchase Order.

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600 ELM STREET
SAN CARLOS, CA 94070
(650) 802-4148
[email protected]

CITY OF SAN CARLOS

CITY ATTORNEY

June 10, 2026
VIA EMAIL:
[email protected]
Nick Gooding
Estimator
W.E. Lyons Construction Co.
[email protected]
Emmanuel Koutantos
OnPoint Construction
329 Primrose Rd. #700
Burlingame, CA 94010
CC: [email protected]
[email protected]
RE: City’s Determinations on Bid Protest — Project No. C2518 (Library Elevator Upgrade Project)
The City received bids for the above referenced project and determined OnPoint Construction Inc. (“OnPoint”) to be the apparent low bidder. A timely bid protest from the second-low bidder, W.E. Lyons Construction Co. (“Lyons”), was received on May 22, 2026. The bid protest alleged that OnPoint’s’ bid was nonresponsive because OnPoint did not possess a C-16 (Fire Protection) license that would allow it to self-perform fire alarm work included in the project scope and failed to list a subcontractor that held the C16 license necessary to complete the fire alarm work.

In response to the bid protest, OnPoint indicated that its listed subcontractor for electrical work, Micheletti Electric Construction (“Micheletti”), would sub-subcontract the fire alarm work to Pavion under its subcontract for electrical work. As part of the communication between the City and OnPoint regarding the bid protest and OnPoint’s response, OnPoint representatives indicated that Pavion had been selected and that the scope of work to be sub-subcontracted to Pavion had been defined by Micheletti at the time OnPoint submitted its project bid with Micheletti listed as the electrical subcontractor. OnPoint representatives also indicated that Pavion’s work would constitute less than 0.5% of either the total project cost or of the cost of Micheletti’s subcontract bid.

Although OnPoint was responsive to the City’s requests for additional information and documents, the City was unable to confirm that Pavion was identified as the fire alarm sub-subconiractor prior to the project bid, and unable to determine the value of Pavion’s scope of work. Thus, it was not clear from the information provided on OnPoint’s bid how 1 9.h
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the fire alarm work would be completed under a proper license, making the bid potentially non-responsive on its face. Upon inspection, the City was not able to confirm that Pavion had been selected to provide work on the project, nor that the scope of work Pavion would perform had been defined, at the time OnPoint’s bid was submitted. Given the overarching purposes of the Subletting and Subcontracting Fair Practices Act (Public Contract Code § 4100 et seq.) to ensure that those performing work on a project are specified at the time of bid to the public's ability to “know exactly what is paying for when it accepts a contractor's bid,” the City cannot find OnPoint’s bid responsive. R. M.

Sherman Co. v. W. R. Thomason, Inc., 191 Cal. App. 3d 559, 567 (1987).

City staff will recommend that the City Council award the project contract to Lyons as the lowest responsive and responsible bidder at the City Council meeting on June 22, 2026.

Thank you, 71 /Gregory4. Rubens, City Attorney
Ce: Alex Tat
[email protected]

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June 10, 2026
Via E mail:

City of San Carlos City Attorney
Greg Rubens via: Clarissa Pulido on behalf of Greg Rubens RE: Response to City's Determination on Bid Protest – Project No. C2518 (Library Elevator Upgrade Project)
OnPoint Construction respectfully disagrees with the City's determination that its bid is non-responsive.

This matter originated as a bid protest concerning whether the project included a properly licensed entity to perform the fire alarm portion of the work and whether the requirements of California Public Contract Code Sections 4104 and 4107 had been satisfied.

From the outset, OnPoint Construction advised the City of San Carlos that Micheletti Electric was the properly listed electrical subcontractor and that Micheletti Electric had included the fire alarm scope within its subcontract and accepted responsibility for that work.

Micheletti Electric's scope includes substantial fire alarm infrastructure work, including conduit, boxes, pathways, rough-in, and related electrical installation work that comprise a significant portion of the overall fire alarm installation. The specialized fire alarm portion of the work represents only a limited component of the overall project and, in Micheletti Electric's judgment, falls below the statutory threshold requiring separate subcontractor disclosure.

The procedural history of this matter is significant.

After the protest was submitted, OnPoint Construction was asked whether the fire alarm scope was included within Micheletti Electric's subcontract. OnPoint Construction responded that it was.

Phone (510) 501-6874
Fax (650) 228-8996
License #949627
329 Primrose Road #700 Burlingame, California 94010

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The City of San Carlos then requested additional information regarding how the fire alarm work would be performed. In response, OnPoint Construction identified Pavion as the intended fire alarm contractor and confirmed that Micheletti Electric had accepted responsibility for the fire alarm scope.

The City of San Carlos subsequently contacted Micheletti Electric directly and confirmed that the fire alarm work was included within Micheletti Electric's scope and responsibilities.

At that point, OnPoint Construction reasonably believed that the factual basis of the protest had been resolved. The original concern raised by the protest was that the project allegedly lacked a properly licensed contractor to perform the fire alarm work. Once Micheletti Electric confirmed responsibility for that scope and a qualified fire alarm contractor had been identified, OnPoint Construction believed that concern had been fully addressed.

The City of San Carlos thereafter requested a copy of Micheletti Electric's subcontract.

Although unusual in the context of a subcontractor listing protest, that documentation was provided.

The City of San Carlos then requested disclosure of the contractual agreement between Micheletti Electric and Pavion.

It was at this point that OnPoint Construction expressed concern that the inquiry had moved beyond the original protest and beyond the requirements of California Public Contract Code Sections 4104 and 4107. OnPoint Construction remains unaware of any statutory requirement that obligates a listed subcontractor to disclose private agreements with prospective lower-tier specialty contractors in order to establish bid responsiveness.

Accordingly, the issue is no longer whether Micheletti Electric accepted responsibility for the fire alarm scope. That fact has been established.

Rather, the issue is whether the Subletting and Subcontracting Fair Practices Act requires a properly listed subcontractor to identify and document a lower-tier specialty contractor prior to bid submission where the listed subcontractor has accepted responsibility for the work and reasonably determined that the lower-tier specialty scope falls below the applicable statutory threshold.

The City's determination relies heavily upon R. M. Sherman Co. v. W. R. Thomason, Inc., 191 Cal.App.3d 559 (1987). OnPoint Construction respectfully submits that Sherman is materially distinguishable from the circumstances presented here.

Sherman addressed concerns involving unlisted subcontractors and the protections afforded by the Subletting and Subcontracting Fair Practices Act against bid shopping, bid peddling, and the improper substitution of subcontractors after bid submission. The court's analysis focused upon ensuring that subcontractors subject to the Act's listing requirements were properly identified and protected.

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In contrast, Micheletti Electric was properly listed, remained fully responsible for its scope of work, and was never substituted. The present matter does not involve the replacement of a listed subcontractor, bid shopping, bid peddling, or the use of an undisclosed firsttier subcontractor.

Instead, the dispute concerns a prospective lower-tier specialty contractor that Micheletti Electric believed fell below the statutory threshold requiring separate disclosure. OnPoint Construction is unaware of any holding in Sherman requiring a properly listed subcontractor to identify every prospective lower-tier specialty contractor prior to bid submission.

While the City relies upon language from Sherman discussing the general purposes of the Subletting and Subcontracting Fair Practices Act, OnPoint Construction respectfully submits that the City's determination extends that language beyond the actual holding of the case.

Sherman did not hold that a properly listed subcontractor must identify every prospective lower-tier specialty contractor prior to bid submission. Nor did Sherman hold that the failure to preselect a lower-tier contractor renders a bid non-responsive where the listed subcontractor remains responsible for the work.

Rather, Sherman addressed concerns involving unlisted subcontractors, substitution of subcontractors, bid shopping, and bid peddling. Those concerns are not present here.

Micheletti Electric was properly listed, accepted responsibility for the fire alarm scope, and remains responsible for that work today.

Accordingly, OnPoint Construction respectfully disagrees with the City's application of Sherman to the facts of this matter and believes the determination relies upon an interpretation of the case that extends beyond its actual holding.

Importantly, the City's determination does not conclude that the fire alarm specialty scope exceeded the statutory threshold. Rather, the determination states that the City was unable to verify the value of that scope or confirm the timing of Pavion's selection.

The inability to verify those facts is not equivalent to a finding that the statutory threshold was exceeded or that a violation of the Subletting and Subcontracting Fair Practices Act occurred.

For these reasons, OnPoint Construction respectfully submits that its bid was responsive when submitted, that Micheletti Electric was properly listed and accepted responsibility for the fire alarm scope, and that the City's reliance upon Sherman extends the holding of that case beyond the circumstances it was intended to address.

Accordingly, OnPoint Construction respectfully requests that the City Council reconsider the determination of non-responsiveness and recognize that the requirements of the Public Contract Code were satisfied through the listing of Micheletti Electric, Micheletti

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Electric's acceptance of responsibility for the fire alarm scope, and the absence of any statutory requirement mandating pre-bid identification of a lower-tier specialty contractor under the circumstances presented here.

Sincerely,
Brucester….

Bruce W Dockter
Managing Partner
[email protected]
Bruce (510) 501-6874
(650) 228-8996
Manoli (650) 222-7766

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CITY COUNCIL

STAFF REPORT
MEETING DATE: June 22, 2026
ITEM TITLE: Adopt a Resolution Accepting the 2025 Pavement Maintenance Project (C9416) and Authorizing the Public Works Director to Issue and Record a Notice of Completion.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution accepting the 2025 Pavement Maintenance Project (C9416) (“Project”) and authorizing the Public Works Director to issue and record a Notice of Completion.

FISCAL IMPLICATIONS:

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

The City Council awarded the contract to Roadway Construction Inc. (“Contractor”) in the amount of $1,488,148.10 and authorized the expenditure of contingency in the amount of $297,630.00, for a not-to exceed contract in the amount of $1,785,778.10. The total cost to complete the Project was $1,691,414.00.

BACKGROUND:

The purpose of this Project is to proactively identify and maintain locations of poor asphalt pavement on City streets as part of the Pavement Management Program (PMP). In addition, the Project furthers the City’s goal to increase the average Pavement Condition Index (PCI) to 65, which aligns with the San Francisco Bay Area average.

The Project includes maintaining and preserving existing pavement conditions through slurry sealing to extend a given roadway’s service life, replacing existing traffic striping and pavement markings with high-visibility thermoplastic striping, and repainting existing red curbs and blue curbs. A slurry seal is a thin asphalt overlay intended to improve surface imperfections and seal cracks, which can preserve the existing pavement and prevent infiltration of water leading to further failure.

Staff prepared the Project plans and specifications in April 2025. The City Engineer signed the final bid set construction documents on April 7, 2025, which were approved by the City Council on April 14, 2025.

The Project was publicly advertised on April 15, 2025, and sealed bids were opened by the City Clerk on May 6, 2025. The City Council awarded the Project to the Contractor at its meeting on May 27, 2025. The Contractor began the Project on July 21, 2025.

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ANALYSIS:

The Project was completed on December 18, 2025, in accordance with the approved Project plans and specifications. The timing of project acceptance was delayed due to difficulties with the Contractor providing the necessary Project closeout documents. Staff recommend accepting the 2025 Pavement Maintenance Project (C9416) and authorizing the Public Works Director to issue and record a Notice of Completion.

ALTERNATIVES:

Options available to the City Council include:

1. Adopt a Resolution accepting the 2025 Pavement Maintenance Project (C9416) and authorizing the Public Works Director to issue and record a Notice of Completion; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Evan Cai, Associate Engineer; and
Steven Machida, Public Works Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS ACCEPTING THE 2025 PAVEMENT MAINTENANCE PROJECT (C9416) AND

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ISSUE AND RECORD A NOTICE OF COMPLETION.

WHEREAS, the purpose of the 2025 Pavement Maintenance Project (“Project”) is to proactively identify and maintain locations of poor asphalt pavement on City streets as part of the Pavement Management Program (PMP); and
WHEREAS, the Project furthers the City’s goal to increase the average Pavement Condition Index (PCI) to 65, bringing it into alignment with the San Francisco Bay Area average; and
WHEREAS, the Project includes maintaining and preserving existing pavement conditions through slurry sealing to extend a given roadway’s service life, replacing existing traffic striping and pavement markings with high-visibility thermoplastic striping, and repainting existing red curbs and blue curbs; and
WHEREAS, the City Engineer signed the final bid set construction documents on April 7, 2025, which were approved by the City Council on April 14, 2025; and WHEREAS, the Project was publicly advertised on April 15, 2025, and sealed bids were opened by the City Clerk on May 6, 2025; and
WHEREAS, the City Council awarded the Project to Roadway Construction Inc. (“Contractor”) at its meeting on May 27, 2025; and
WHEREAS, the Contractor began the Project on July 21, 2025; and WHEREAS, the Project was completed on December 18, 2025, in accordance with the approved Project plans and specifications; and
WHEREAS, staff recommend accepting the 2025 Pavement Maintenance Project (C9416) and authorizing the Public Works Director to issue and record a Notice of Completion.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby accepts the 2025 Pavement Maintenance Project (C9416) and authorizes the Public Works Director to issue and record a Notice of Completion.
* * * * *
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 22nd day of June 2026, by the following vote:

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

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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CITY COUNCIL

STAFF REPORT
MEETING DATE: June 22, 2026
ITEM TITLE: Adopt a Resolution Approving the Plans and Specifications for the 2026 Sewer Rehabilitation Project (C9617) and Authorizing a Call for Bids.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution approving the plans and specifications for the 2026 Sewer Rehabilitation Project (C9617) (“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 C9617, which will have an available balance of $7,000,000 for fiscal year (FY) 2026-27. Any remaining unused funds from FY 2025-26 will be rolled into FY 2026-27 to address Riverwatch settlement requirements.

The total estimated cost for this Project is approximately $6,712,000, which includes a 15 percent contingency. There are sufficient funds in the budget to award the Project.

BACKGROUND:

In January 2013, the City completed the Sewer Collection System Master Plan (“Master Plan”) which identified and prioritized sanitary sewer pipelines for replacement and upsizing. In accordance with the Master Plan, staff created two programs: Sewer System Capacity Assurance and Sewer System Rehabilitation.

Projects associated with the Sewer System Capacity Assurance Report were completed in 2017.

Therefore, staff are now focusing attention on projects to rehabilitate or replace all Grade 4 and 5 sewer defects in the sewer system. Grade 5 defects are considered the most serious defects encountered in sewer mains.

The Sewer System Rehabilitation Program is needed to address all the structurally deficient pipelines identified by the Master Plan. With a limited budget, approximately four to seven percent of the City’s defective pipes will be addressed each fiscal year, depending on the approved budget for that particular fiscal year.

The City’s sewer system is divided into 17 basins as depicted in the Sewer Master Plan. Staff created a systematic approach that will rehabilitate or replace all Grade 4 and 5 defects, basin by

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basin. The goal is to follow a program that will methodically and continuously monitor and improve the entire sewer system.

The Project will replace approximately 3,960 linear feet of sewer mains ranging in diameter between six and twelve inches, rehabilitate approximately 2,721 linear feet of sewer mains, replace 46 lower laterals, replace 31 manholes, and rehabilitate approximately 31 manholes at various locations throughout the city.

ANALYSIS:

The City Engineer is expected to sign the final bid set construction documents on June 15, 2026.

The tentative bid opening date is July 14, 2026, with award of the Project scheduled for the August 10, 2026 City Council meeting.

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

ALTERNATIVES:

Options available to the City Council include:

1. Adopt a Resolution approving the 2026 Sewer Rehabilitation Project (C9617) plans and specifications and authorizing a call for bids; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Evan Cai; Associate Engineer; and
Steven Machida, Public Works Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Resolution

2. 2026 Sewer Rehabilitation Project (C9617) Plans and Specifications

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2026 SEWER REHABILITATION PROJECT (C9617) AND AUTHORIZING A CALL FOR BIDS.

WHEREAS, in January 2013, the City completed the Sewer Collection System Master Plan (“Master Plan”) that identifies and prioritizes sanitary sewer pipelines for replacement and upsizing; and
WHEREAS, in accordance with the Master Plan, staff created two programs: Sewer System Capacity Assurance and Sewer System Rehabilitation; and WHEREAS, projects associated with the Sewer System Capacity Assurance Report were completed in 2017; and
WHEREAS, staff is now focusing attention on projects to rehabilitate or replace all Grade 4 and 5 sewer defects in the sewer system; and
WHEREAS, the Sewer System Rehabilitation program is needed to address all the structurally deficient pipelines identified by the Master Plan; and WHEREAS, funding for the 2026 Sewer Rehabilitation Project (“Project”) comes from C9617, which will have a balance of $7,000,000 for fiscal year (FY) 2026-27; and WHEREAS, any remaining unused funds from FY 2025-26 will be rolled into FY 2026- 27 to address Riverwatch settlement requirements; and
WHEREAS, the total estimated cost for this Project is approximately $6,712,000, which includes a 15 percent contingency; and
WHEREAS, there are sufficient funds in the budget to award the Project; and WHEREAS, the City Engineer is expected to sign the final bid set construction documents on June 15, 2026 and the tentative bid opening date is July 14, 2026, with award of the Project scheduled for the August 10, 2026 City Council meeting; and WHEREAS, staff recommend approving the Project plans and specifications and authorizing a call for bids.

NOW, THEREFORE BE IT RESOLVED that the San Carlos City Council hereby approves the 2025 Sewer Rehabilitation Project C9617 plans and specifications 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 22nd day of June 2026, by the following vote:

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

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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Mott MacDonald Restricted

CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA
Public Works Department
600 Elm Street
San Carlos, CA 94070
Contract Documents
For the
2026 Sanitary Sewer Rehabilitation
Project
CITY PROJECT NO: C9617
BID OPENING: July 14, 2026 at 10:00 a.m.

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Mott MacDonald Restricted
2026 Sanitary Sewer Rehabilitation Project
City Project No. C9617

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

Prepared by:

6/12/26
Greg Felter, PE Date
Project Engineer
Mott MacDonald
2633 Camino Ramon, Suite 310
San Ramon, CA 94583
(925) 469-8010
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
6/15/2026

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iii
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TABLE OF CONTENTS
A. INTRODUCTORY PAGES
Title Page No.

Cover Page i
Design Certifications ii
Table of Contents iii
Notice Inviting Sealed Proposals vi
Instructions to Bidders viii
Schedule of Required Bid Documents and Agreement Forms x B. BID PROPOSAL
Bid Proposal Cover Page P-1
Bid Proposal Table of Contents P-2
Bid Proposal P-3
Bidding Requirements P-4
Bid Schedule P-6
Designation of Subcontractors P-10
Department of Industrial Relations Registration Requirement P-10 Certifications and Affidavits
Non-Collusion Affidavit P-11
Bidder’s Qualifications P-12
Bidder’s References P-17
Signature Pages P-18
Bidder’s Bond P-20
C. AGREEMENT AND AGREEMENT FORMS
Agreement and Agreement Forms Table of Contents A-1
Agreement for Public Projects A-2
Exhibit A – Contractor’s Bid Proposal A-9
Exhibit B – Insurance Coverage Form A-10
Resolution of Construction Claims A-11
Agreement Forms
Payment Bond A-13
Performance Bond A-15
Workers Compensation Certification A-17
Certification of Safety Requirements for Contractors and Vendors A-18 Drug-Free Workplace Certification A-19
Escrow Agreement for Security Deposits in Lieu of Retention (Optional) A-20 Guarantee A-22
D. GENERAL PROVISIONS

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iv
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E. SPECIAL PROVISIONS
Section 1 Description of Work SP-1
Section 2 Location SP-1
Section 3 Sequencing and Order of Work SP-1
Section 4 Project Information Sign SP-2
Section 5 Portable Changeable Message Sign (PCMS) SP-2
Section 6 Days and Hours of Operation SP-2
Section 7 Noise Control SP-2
Section 8 Protection of Trees SP-3
Section 9 Time of Completion and Liquidated Damages SP-3 Section 10 Licenses SP-3
Section 11 Caltrans Encroachment Permit SP-3
Section 12 Staging / Construction Area and Excavation Off-haul SP-3 Section 13 City Furnished Materials SP-4
Section 14 “No Parking” Signs SP-4
Section 15 Water SP-4
Section 16 Power SP-4
Section 17 Owner / Contractor Meetings SP-4
Section 18 Notification of Residents and Merchants SP-5 Section 19 Distribution of Flyers SP-5
Section 20 Storm Water Pollution Prevention SP-5
Section 21 Construction and Demolition Debris SP-6
Section 22 Haul Routes SP-7
Section 23 Sanitation Facilities SP-7
Section 24 Safety of Persons and Property SP-7
Section 25 Traffic Control SP-7
Section 26 SamTrans Coordination SP-9
Section 27 Existing Utilities SP-10
Section 28 Construction Schedule SP-10
Section 29 Street Sweeping SP-11
Section 30 Daily Work Reports SP-11
Section 31 Geotechnical Report and CCTV Video SP-11
Section 32 Construction Submittals SP-12
F. TECHNICAL SPECIFICATIONS
Section 1 Terms and Definitions GP-1
Section 2 Proposal Requirements and Conditions GP-5
Section 3 Review of Bids, Contract Award and Execution GP-8 Section 4 Scope and Control of the Work GP-13
Section 5 Changes of Work GP-20
Section 6 Control of Materials GP-24
Section 7 Utilities GP-27
Section 8 Prosecution and Progress GP-30
Section 9 Responsibilities of the Contractor GP-39
Section 10 Measurement and Payment GP-54
Section 11 Guaranty GP-60

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v
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Bid Item Descriptions TS-4
Section 01505 Mobilization TS-26
Section 01560 Temporary Controls TS-28
Section 01720 Sewer Outage Notifications TS-32
Section 01730 Public and Agency Notifications TS-34
Section 02050 Demolition, Abandonment, and Removal TS-37 Section 02145 Sewage Flow Control TS-41
Section 02200 Earthwork TS-49
Section 02350 Excavation Support Shoring and Bracing TS-74 Section 02500 Asphalt Concrete Paving TS-80
Section 02510 Slurry Seal Pavement Surfacing TS-86
Section 02641 Sanitary Sewer Rehabilitation Using CIPP Method TS-87 Section 02642 Pipe Bursting TS-103
Section 02643 Pipe Reaming TS-109
Section 02644 Sanitary Sewer Rehabilitation Using Cured-in-Place Pipe (CIPP) Point Repair Method TS-125
Section 02645 Sanitary Sewer Rehabilitation Cured-in-Place Pipe Lateral Shortliner (CIPLS) Connection TS-141
Section 02646 Ultraviolet Cured-in-Place Pipe Lining TS-156 Section 02701 Precast Concrete Structures TS-174
Section 02735 Sanitary Sewer System Testing and Cleaning TS-179 Section 02736 Closed Circuit Television (CCTV) Inspection of Sanitary TS-184 Sewer System
Section 02739 Building Sewer (Lateral) Construction and Reinstatement TS-190 Section 02740 Removal of Protruding Service Connections TS-193 Section 02765 Traffic Stripes and Pavement Markings TS-198 Section 02768 Temporary Pavement Markings TS-194
Section 02800 Traffic Control TS-201
Section 02892 Traffic Loops TS-206
Section 02990 Adjust Incidental Structures to Grade TS-209 Section 03123 Controlled Low Strength Material TS-211
Section 03200 Concrete Reinforcement TS-216
Section 03300 Cast-In-Place Concrete TS-220
Section 03600 Grout TS-231
Section 03601 Pipeline Packer Injection Grouting TS-235 Section 03930 Manhole Rehabilitation TS-256
Section 05541 Manhole Frames and Covers TS-267
Section 15050 General Piping TS-269
Section 15063 SDR 26 Polyvinyl Chloride Sewer Pipe (PVC) TS-279 Section 15066 High Density Polyethylene (HDPE) Pipe TS-285 G. APPENDICIES
Appendix A Daily Work Report
Appendix B Pothole Data Sheets
Appendix C Project Information Sign
Appendix D Arborist Report

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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 Rehabilitation Project No.

C9617 shall be publicly opened, examined and announced on Tuesday, July 14, 2026, at 10:00 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 that 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 trenching and installation, pipe bursting, pipe reaming, or curedin-place installation of 6-inch to 10-inch sanitary sewer pipe, localized pipe repairs, installation/ replacement/ rehabilitation/removal of sanitary sewer manholes, CIPP point repairs, reconnections/replacement of sewer laterals, and the surface restoration of existing improvements.

Bids are required for the entire work described herein in accordance with the instructions to bidders. The Engineer’s Estimate is between $6,000,000 and $7,000,000.

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

The City Council reserves the privilege of rejecting any and all proposals or to waive any irregularities or informalities in any proposals or in the bidding. No bidder may withdraw his/her 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@earc.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: June 25 and July 1, 2026

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CITY OF SAN CARLOS

SAN MATEO COUNTY, CALIFORNIA

INSTRUCTIONS TO BIDDERS

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

2. Receipt of Bids and Bid Opening: Proposals shall be received at the office of the City Clerk, 600 Elm Street, San Carlos, CA 94070, not later than the bid deadline described in the Notice Inviting Sealed Proposals. Proposals shall be submitted in a sealed envelope, plainly marked on the outside "2026 Sanitary Sewer Rehabilitation Project, No. C9617”.

3. Time of Completion and Liquidated Damages: All work shall be diligently prosecuted to completion before the expiration of Two Hundred Ten (210) Working Days for Base Bid 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 Two Thousand One Hundred Dollars ($2,100) for each working day beyond the specified time limit until the project is completed.

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

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

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

7. Additional Registration and Licensing Requirements: In accordance with Labor Code Section 1725.5, Contractor and all Subcontractors shall be registered with the California Department of Industrial Relations (DIR) as a condition of being listed on the proposal form. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. Contractor and all Subcontractors shall also obtain a City business license prior to the work being performed.

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

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

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

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

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

City of San Carlos – Public Works Department
600 Elm Street, San Carlos, CA 94070
Attention: Evan Cai, Project Engineer
[email protected]
Telephone: (650) 802-4196

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

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SCHEDULE OF REQUIRED

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

Completed Bid Proposal consisting of:

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

1. Non-Collusion Affidavit

2. Bidder’s Qualifications

3. Bidder’s References

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

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

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

1. General Liability

2. Automobile Liability

3. 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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Bid Proposal 2026 Sanitary Sewer Rehabilitation Project Page P-1 City Project No. C9617
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CITY OF SAN CARLOS

PUBLIC WORKS DEPARTMENT
600 Elm Street
San Carlos, CA 94070

BID PROPOSAL
FOR:
"2026 Sanitary Sewer Rehabilitation Project”
City Project No. C9617
IN

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 Sanitary Sewer Rehabilitation Project Page P-2 City Project No. C9617
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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-10 Department of Industrial Relations Registration Requirement............................. P-10 Certifications and Affidavits
Non-Collusion Affidavit ................................................................................. P-11 Bidder’s Qualifications .................................................................................. P-12 Bidder’s References...................................................................................... P-17 Signature Pages ................................................................................................. P-18 Bid Bond ............................................................................................................ P-20

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BID PROPOSAL
"2026 Sanitary Sewer Rehabilitation Project”
CITY PROJECT NO. C9617
Bid To: Honorable Mayor and City Council
City of San Carlos, City Hall
San Carlos, CA 94070
Bid From:

Bidder’s Company Name:

Contact Person:

Business Street Address:

City, State, Zip Code:

Phone No.: ( )
E-mail:

Contractor License No.:

Contractor License Expiration Date:

Dear Mayor and Members of the City Council:

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

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

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

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I have carefully checked all of the figures in the Bid Schedule and understand that the City shall not be responsible for any errors or omissions on my part in making up this bid. I agree that this bid may not be withdrawn for a period of ninety (90) calendar days from the date of the bid opening and that the City reserves the right to reject any or all bids, waive any informality in bids received, and may at its option make the award that in the judgment of the City is to the best interest of the City.

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

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

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

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

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

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

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

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office of the City Engineer, which copies shall be made available to any interested party upon request. The Contractor shall post a copy of such determination at the job site.

As required by Section 6705 of the California Labor Code and in addition thereto, 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 showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.

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

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

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

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

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

In the case of a discrepancy between the product of the “Estimated Quantity” and the “Unit Price” with the “Item Total”, the product of the “Estimated Quantity” and the “Unit Price” shall prevail and the figure shown as the “Item Total” shall be adjusted accordingly, except as provided in cases involving (a) or (b) below:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount entered in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the item total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the Engineer’s Estimate.

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

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

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BASE BID ITEMS ARE AS FOLLOWS:
"2026 Sanitary Sewer Rehabilitation Project”
PROJECT NO. C9617
Item
No. Item Description Total Unit Unit Price Item Total
1 Mobilization 1 LS $ $
2 Preparation and Implementation
of Stormwater Pollution
Prevention Plan (SWPPP)
1 LS $ $
3 Sheeting, Shoring, and Bracing 1 LS $ $
4 Traffic Control 1 LS $ $
5 Rehabilitate Existing Sanitary
Sewer Manhole 20
EA $ $
6 Modify Existing Manhole
Channels and Base 1 EA
$ $
7 Replace Manhole Frame and
Cover 5 EA
$ $
8 Remove Sanitary Sewer
Manhole Rungs 4 EA
$ $
9 Remove and Replace Existing
Sanitary Sewer Manhole With
48-inch Concrete Sanitary Sewer
Manhole, With or Without Drop
Connection
28 EA
$ $
10 New 48-inch Sanitary Sewer
Manhole, With or Without Drop
Connection
2 EA
$ $
11 Connect to Existing Sanitary
Sewer Manhole 18 EA
$ $
12 Install Pipe Stub (5 Foot Min.)
and Reconnect Existing Pipes 45 EA
$ $
13 Grouting of Defects to Existing
6-Inch Sewers 153
EA $ $
14 CIPP Point Repair to Existing 6-
Inch Sewers 100
LF $ $

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Item
No. Item Description Total Unit Unit Price Item Total
15 6-Foot Point Repair to Existing
6-Inch, 8-Inch, and 10-Inch VCP
Sanitary Sewer Main
61 EA $ $
16 CIPP Rehabilitation of Existing
6-Inch Sanitary Sewer Main 159 LF $ $
17 Remove and Replace Existing 6-
Inch Sanitary Sewer with 8-Inch
DR 17 HDPE Sanitary Sewer
Main (Pipe Ream)
1,050 LF $ $
18 Remove and Replace 6-inch or
8-Inch Sanitary Sewer with 8-
Inch Sanitary Sewer Main (Open
Cut)
2,021 LF $ $
19 Remove and Replace 10-Inch
Sanitary Sewer with 10-Inch
Sanitary Sewer Main (Open Cut)
143 LF $ $
20 Install New 8-Inch Sanitary
Sewer Main (Open Cut) 524 LF $ $
21 Abandon Existing Sanitary
Sewer Main or Lateral 447 LF $ $
22 Abandon in Place Existing
Sanitary Sewer Manhole 1 EA $ $
23 Reconnect Sanitary Sewer
Lateral 29 EA $ $
24 Replace Sanitary Sewer Lateral -
Average Length 30-Foot (Pipe
Burst)
14 EA $ $
25 Replace Sanitary Sewer Lateral -
Average Length 30-Foot (Open
Cut)
14 EA $ $
26 Replace and Extend Sanitary
Sewer Lateral 2 EA $ $
27 Install or Remove and Replace
Sanitary Sewer Cleanout 37 EA $ $
28 Realign Lateral (Open Cut) 11 EA $ $
29 Reinstate Sanitary Sewer Lateral
with Cured-in-Place Lateral
Shortliner (CIPLS)
1 EA $ $

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Item
No. Item Description Total Unit Unit Price Item Total
30 Rehabilitate Existing Sanitary
Sewer Manhole - Easement 11 EA $ $
31 Remove Sanitary Sewer
Manhole Rungs - Easement 1 EA $ $
32 Remove and Replace Existing
Sanitary Sewer Manhole With
48-inch Concrete Sanitary Sewer
Manhole, With or Without Drop
Connection - Easement
3 EA $ $
33 New 48-inch Sanitary Sewer
Manhole, With or Without Drop
Connection - Easement
1 EA $ $
34 Install Pipe Stub (5 Foot Min.)
and Reconnect Existing Pipes -
Easement
3 EA $ $
35 6-Foot Point Repair to Existing
6-Inch, 8-Inch, and 10-Inch VCP
Sanitary Sewer Main-Easement
57 EA $ $
36 CIPP Rehabilitation of Existing
6-Inch Sanitary Sewer MainEasement
2,562 LF $ $
37 CIPP Rehabilitation of Existing
6-inch Sanitary Sewer Main
(UV) – Easement (as Directed by
the Engineer)
0 LF $ $
38 Replace 6-Inch or 8-Inch VCP
Sanitary Sewer with 6-inch or 8-
Inch DR 17 HDPE Sanitary
Sewer Main (Pipe Bursting)-
Easement
552 LF $ $
39 Remove and Replace Existing 6-
Inch Sanitary Sewer with 6-inch
or 8-Inch DR 17 HDPE Sanitary
Sewer Main (Pipe Ream)-
Easement
51 LF $ $
40 Remove and Replace 6-inch or
8-Inch Sanitary Sewer with 8-
0 LF $ $

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Item
No. Item Description Total Unit Unit Price Item Total
Inch Sanitary Sewer Main (Open
Cut) - Easement
41 Install New 6-Inch Sanitary
Sewer Main (Open Cut)-
Easement
10 LF $ $
42 Install New 8-Inch Sanitary
Sewer Main (Open Cut)-
Easement
143 LF $ $
43 Reconnect Sanitary Sewer
Lateral - Easement 17 EA $ $
44 Replace Sanitary Sewer Lateral -
Average Length 30-Foot (Open
Cut) - Easement
16 EA $ $
45 Install or Remove and Replace
Sanitary Sewer Cleanout -
Easement
34 EA $ $
46 Reinstate Sanitary Sewer Lateral
with Cured-in-Place Lateral
Shortliner (CIPLS) - Easement
35 EA $ $
47 Fire Hydrant Relocation 1 EA $ $
48 Utility Crossing Supports 8 EA $ $
49 Utility Verification/Potholes
(Revocable) 0 EA $ $
50 Over excavation (as Directed by
the Engineer) 0 CF $ $
51 Hard Rock Excavation
(Revocable) 0 CY $ $
52 Mobilization of Hard Rock
Excavation Equipment
(Revocable)
0 SITE $ $
53 Type II Slurry Seal 84,430 SF $ $
54 10-foot Hand Dug Excavation
(Revocable) 42 EA $ $
Total Base Bid Amount: $___________________

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Notes:

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

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

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

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

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

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

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

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

Portion of Work to be
Performed by Subcontractor
Subcontractor Name,
Address and License Number
(License No. Required under AB 44)
Registered
with DIR?
✓ check if yes

1. 2.

3. 4.

5. 6.

7. (For additional Subcontractors, attach copies of this sheet as necessary) NOTE: THIS CERTIFICATE MUST BE COMPLETED AND RETURNED ALONG WITH THE CONTRACTOR’S BID PROPOSAL. ✓ DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENT In accordance with Labor Code Section 1725.5, all contractors and subcontractors listed on a public works bid proposal must be registered with the DIR.

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NON-COLLUSION AFFIDAVIT
Title 23 United States Code Section 112 and
Public Contract Code Section 7106
State of California )
) ss.

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

IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles and signature. (Signature of Representative of Bidder)
Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________
My Commission expires __________________, 20_____ (Seal) NOTE: THIS AFFIDAVIT MUST BE COMPLETED AND RETURNED AS PART OF THE CONTRACTOR’S BID PROPOSAL.

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

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

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

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

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

List of Personnel Knowledge/Skills Experience

Bidder’s Responsibility

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Bidder will be immediately disqualified if the answer to questions 1 and 2 below is “No”.

Bidder will be immediately disqualified if the answer to any of questions 3 through 8 below is “Yes”.

In addition, the Bidder may be disqualified depending on the additional information provided based on responses required in questions 9 through 14 below. Bidder does not waive its rights and remedies, as provided by law, to appeal if disqualified due to the additional information provided

1. Bidder possesses a valid and current California Contractor’s License as required by Specification for the Project for which it intends to submit a Bid.

Yes No

2. Bidder will comply with and provide all insurance as defined in the bid documents, LIABILITY AND INSURANCE.

Yes No

3. Has Bidder violated the Storm Water Best Management Practices for illegal or improper discharge(s) into storm drain systems two (2) or more times within the past five (5) years? Yes No
NOTE: This question refers to your firm’s violation of sewer overflow to the storm drain system that was reported to the State Water Board by Public Agency.

4. Has a surety firm completed a Contract on your behalf, or paid for completion because your firm was in default or terminated by the project Owner within the last five (5) years? Yes No

5. At the time of submitting this qualification form, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works Contract, pursuant to either Labor Code Section 1777.1 or Labor Code Section 1777.7? Yes No

6. At any time during the last five (5) years, has your firm, or any of its owners or officers been convicted of a crime involving the awarding of a contract of a construction project, or the bidding or performance of a government contract?
Yes No

7. Is your firm currently the debtor in a bankruptcy case? Yes No
If “Yes,” please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed.

8. Was your firm in bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 8, above.)
Yes No
If “Yes,” please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court’s discharge order, or of any other document that ended the case, if no discharge order was issued.

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9. In the last five years has your firm, or any firm with which any of your company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason?
NOTE: “Associated with” refers to another construction firm in which an owner, partner or officer of your firm held a similar position.

Yes No
If “Yes,” explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action.

10. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder?
Yes No
If “Yes,” explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency.

11. Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.

Yes No
If “Yes,” attach a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.

12. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years?
NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.

Yes No
If “Yes,” attach a separate signed page describing each citation.

13. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm’s failure to comply with California’s prevailing wage laws?
NOTE: This question refers only to your own firm’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.

Yes No

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If “Yes,” attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay.

14. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements?
Yes No
If “Yes,” please attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially
Safety Qualification Criteria
The following information will be used to determine if the Bidder meets the minimum safety requirements for this Project:

1. To qualify to Bid and be awarded the Project, the Bidder’s three year average Workers’ Compensation Experience Modification Rate (EMR) must not be greater than 1.10 (110%). The Bidder shall list its EMR for the last three complete years based on the effective date of the rating (available from your insurance carrier).

2. If the Bidder’s three-year average EMR is greater than 1.10 (110%), the Bidder’s three-year average Recordable Incident Rate (RIR) must not be greater than 3.5 (350%) and three-year average Lost Time Incident Rate (LTIR) must not be greater than 1.10 (110%) to meet the minimum safety requirements for this Project;

3. If the Bidder only meets either the three-year average RIR or LTIR value, the Bidder shall be required to hire at no additional cost to the Agency a mutually acceptable safety consultant who will prepare a project specific safety plan, conduct random weekly inspections of the Bidder’s activities to ensure conformance with the safety plan and prepare and submit a weekly report to the City summarizing the results of each inspection. The Bidder shall adhere to the safety plan. The Bidder’s activities shall be adjusted immediately to address any issues resulting from the weekly safety inspection.

Bidders that cannot meet any of the three safety criteria above are not eligible to work for the City.

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The Bidder shall list its Experience Modification Rate, Lost time Incident Rate, and Recordable Incident Rate for the last three complete years (available from your insurance carrier).

Year EMR RIR LTIR

AVERAGE
To verify the above information, the City will contact the Bidder’s Workers’ Compensation Insurance carrier. The Bidder shall authorize its carrier to release this information. Failure to release this information will result in the Bid being non-responsive and result in automatic disqualification of the Bid.

Workers’ Compensation Insurance Company:____________________________________ Contact Person for Insurance Company:________________________________________ Telephone Number:________________________________________________________ The undersigned hereby states that all representations regarding the Bidder’s Experience and Qualifications are correct and true.

Signed this day of , 20_____.

Contractor:
(Print or Type Contractor’s Legal Name)
Signature:

Signed By:
(Print or Type Name)
Contractor’s License No.: _
Expiration Date:

Address:

Telephone Number:

Email Address:

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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 description of the project, or other such information that will demonstrate the ability to vigorously prosecute the work.

1. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

2. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

3. PROJECT NAME LOCATION YEAR COMPLETED

AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST

BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION

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

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

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

Addendum Nos. _____, _____, _____, _____, _____, _____, _____, _____ Bidder’s Guarantee:

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

Company Profile:

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

Firm Name:

Business Address:

Names and Titles of Company Officers:

1. 2.

3. 4.

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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) _________________________ By_____________________________________ (Title) _________________________ Incorporated under the laws of the State of ___________________________________ Federal Tax Identification No. (EIN):_________________________________________ State Tax Identification No.:_______________________________________________ Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________
My Commission expires __________________, 20_____ (Seal)

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

That we, the undersigned _________________________________________, as principal and __________________________________, as surety, are held and firmly bound unto the City of San Carlos as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the bid of the principal, for the payment of which, well and truly to be made, we 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 Sanitary Sewer Rehabilitation Project, Project No. C9617.

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

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

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

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

By: (L.S.) By:
(Principal) (Seal) (Surety) (Seal)
Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____.

Signature of Notary Public:________________________ (Seal) My Commission expires __________________, 20_____
IMPORTANT: Surety companies executing BONDS must be authorized to transact Surety insurance in the State of California. If Contractor is Partnership, all partners should execute BOND.

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The Plans and specifications prepared by Mott MacDonald dated June 11, 2026 and the City of San Carlos General Provisions are made part of the Contract and are hereby incorporated by this reference.

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AGREEMENT AND AGREEMENT FORMS

TABLE OF CONTENTS
Agreement for Public Projects .................................................................................. A-2 Exhibit A: Contractor’s Bid Proposal ....................................................................... A-9 Exhibit B: Insurance Coverage ................................................................................ A-10 Resolution of Construction Claims............................................................................ A-11 Agreement Forms
Payment Bond .............................................................................................. A-13 Performance Bond........................................................................................ A-15 Workers Compensation Certification ............................................................ A-17 Certification of Safety Requirements for Contractors and Vendors................ A-18 Drug Free Workplace Certification ................................................................ A-19 Escrow Agreement for Security Deposits in Lieu of Retention (Optional) ...... A-20 Guarantee..................................................................................................... A-22

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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" and ____________________ hereinafter called "CONTRACTOR.”

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

A. That CITY desires to engage CONTRACTOR to provide a product and/or services to the CITY; B. That CONTRACTOR is qualified to provide the product and/or services to the CITY and; THEREFORE, the CITY has elected to engage CONTRACTOR upon the terms and conditions as hereinafter set forth.

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

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

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

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

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

Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of
__________________$_________, as provided in the approved bid documents or in this Agreement unless additional amounts have been authorized in the acceptance of the bid

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and approved in advance of supplying the product, performing the services or incurring the costs and expenses by CITY’s City Manager (for contracts less than $175,000 or authorized by City Council action for contracts $175,000 or more by motion duly made and carried).

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

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

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

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

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

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

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

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

11. Schedule. CONTRACTOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of CONTRACTOR’s work

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product or other unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, CONTRACTOR’s officers or employees.

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

12. Indemnity. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR’s negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Nothing herein contained shall be construed to require CONTRACTOR to indemnify CITY, its officers, employees, agents and volunteers against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

13. Insurance. CONTRACTOR shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to CONTRACTOR’s services to be performed hereunder covering CITY’s risks in form subject to the approval of the City Attorney and/or CITY’s Risk Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease. Contractor shall submit to
City a Waiver of Subrogation
endorsement in favor of City, its officers,
agents, employees, and volunteers.

Commercial General Liability $5,000,000 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

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must be at least as broad as Insurance
Services Office form CG 00 01.

Automobile Liability $5,000,000 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 information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;
(b) Contractor’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37, is also required.

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

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

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.

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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 selfinsurance and shall be at least as broad as CG 20 01 04 12.

Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before the CITY insurance or self-insurance shall be called upon to protect it as a named insured.

14. SUBCONTRACTORS. CONTRACTOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and Insurance requirements to the extent they apply to the scope of the Subcontractors’ work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract documents. Subcontract shall agree to include these same provisions in any agreement with a sub-subcontractor. CONTRACTOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the CITY.

Subcontractor shall agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract Documents. Subcontractor shall further agree to include the same requirements and provisions of this agreement, including the indemnity and Insurance requirements, with a Sub-subcontractor to the extent they apply to the scope of the Sub-subcontractors’ work.

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A copy of the CITY Contract Document Indemnity and Insurance provisions shall be furnished to the subcontractor upon request.

15. WORKERS' COMPENSATION. CONTRACTOR certifies that he/she/it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONTRACTOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

16. NON-DISCRIMINATION. The CONTRACTOR hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Section 2000 (e)(17), to the end that CONTRACTOR will not exclude any person from participation in, be denied the benefits of, or be otherwise subject to discrimination from any project, program, or activity supported by this Agreement, based on the grounds of race, color, national origin, sex, disability, age, or religion,. CONTRACTOR shall comply with its EEO Certification (Form PW-7). In addition, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101- 336) which prohibits discrimination on the basis of disability by public entities. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

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

CITY: City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention:

CONTRACTOR: _____________________
Address
Phone
Attention: ______________

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

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

20. Business Registration. CONTRACTOR agrees to comply with Chapter 5.04 of the Municipal Code and pay all fees required to be paid.

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21. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

22. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

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

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

25. Entire Agreement. Each party acknowledges that this agreement, the exhibits hereto, and the documents incorporated by reference herein constitute the complete agreement and exclusive statement of the terms and conditions between the parties, which supercedes and merges all prior proposals, understandings and all other agreements, verbal and written, between the parties relating to the subject matter of this agreement. This agreement may not be modified or altered except by written instrument duly executed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.

CITY OF SAN CARLOS:

Dated: _______________ ______________________________
Jeff Maltbie, City Manager
ATTEST:

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

Dated: _______________ ______________________________

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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 officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply) Insurer Policy No.

General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note: MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.

Other:

Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy No.

Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.

Professional Liability:

PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.

SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the insurer’s limit of liability.

PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.

CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.

WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY/Public Works Department, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY/Public Works Department.

Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.

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SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, _______________________________________________________________(print/type name), warrant that I have authority to bind the abovenamed 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: ( ) _______

RESOLUTION OF CONSTRUCTION CLAIMS
Any public works claims arising under this contract which the Contractor wishes to assert against the Governing Agency shall be governed by California Public Contract Code Section 9204.

Claims which do not exceed three hundred seventy-five thousand dollars ($375,000) are also subject to the provisions of Article 1.5 of the California Public Contract Code (commencing with Section 20104). Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows:
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a

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written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did

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not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City of San Carlos (hereinafter referred to as “Owner”) and (hereinafter referred to as “Principal”) have entered into a contract for the construction of 2026 Sanitary Sewer Rehabilitation Project, Project No. C9617 and WHEREAS, under the terms of said contract Principal is required to furnish a bond securing payment of the claims to which reference is made in Section 3248 of the Civil Code; NOW, THEREFORE, we, the Principal, and
, as Surety, are held and firmly bound unto the “Owner” in the penal sum of
/l00 Dollars ($ )
lawful money of the United States, being not less than one hundred percent (100%) of the amount payable by the terms of the contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that if said Principal or any of its subcontractors fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal or its subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor that the Surety will pay for the same, in an amount not exceeding the amount hereinabove set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney’s fee, to be fixed by the court. We hereby state and confirm that we are a “California admitted insurer” as defined by the California Department of Insurance.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

This bond is given to comply with Sections 3247 and 3248 of the Civil Code. The liability of the Principal and Surety hereunder is governed by the provisions of said Code, all acts amendatory thereof, and all other statutes referred to therein, including Section 3225 of the Civil Code.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this _________ day of __________________, 20 , the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

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(Principal)
NOTE: By
To be signed by By
Principal and Surety
and acknowledgment
and notarial seal
(Surety)
By
By

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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City of San Carlos (hereinafter referred to as “Owner”) has entered into a contract with ______________________ (hereinafter referred to as “Principal”) for the construction of 2026 Sanitary Sewer Rehabilitation Project, Project No. C9617, and WHEREAS, said Principal is required under the terms of said contract to furnish a bond of faithful performance of said Contract;
NOW, THEREFORE, we, the Principal, and
, as Surety, are held and firmly bound unto the “Owner” in the penal sum of
/l00 Dollars ($ )
lawful money of the United States, being a sum equal to the total amount payable under the contract, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to satisfactory completion of the said contract, the above obligations to the amount of and-00/100 Dollars ($ ) being not less
than ten percent (10%) of the total amount payable under the contract, shall hold good for a period of two (2) years after the completion and acceptance of said work, during which time if the above Principal shall fail to make full, complete and satisfactory repair and replacement or totally protect the “Owner” from loss or damage made evident during said period of two (2) years from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligations in the said sum of and-00/100 Dollars ($ ) shall remain in full force and virtue; otherwise the above obligation shall be void.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under of the Specifications accompanying the same shall in any ways affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. We hereby state and confirm that we are a “California admitted insurer” as defined by the California Department of Insurance.

In the event that the “Owner” or its successors or assigns, shall be the prevailing party in an action brought upon this bond, then, in addition to the penal sum hereinabove specified, we agree to pay to the

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“Owner” for its successors or assigns, a reasonable sum on account of attorney’s fees in such action, which sum shall be fixed by the court.

IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this _________ day of __________________, 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.
(Principal)
NOTE: By
To be signed by By
Principal and Surety
and acknowledgment
and notarial seal
(Surety)
By
By

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WORKERS' COMPENSATION CERTIFICATION
Labor Code Section 1861
The Bidder hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions and furnish proof of said insurance before commencing the performance of the work of this contract."
Name of Contractor
Signature of Contractor Representative
Dated: __________________________
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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CERTIFICATION OF SAFETY REQUIREMENTS FOR

CONTRACTORS AND VENDORS
California Code of Regulations, Title 8, Section 1509
To work as a contractor or vendor with the City of San Carlos, your organization is required to certify that it has an active on-the-job written Injury and Illness Prevention Program. This program is essential to make the job as accident-free as possible and to comply with Federal and State Safety Standards.

The undersigned hereby certifies that his/her organization has an active written Injury and Illness Prevention Program, as required by Cal-OSHA under California Code of Regulations, Title 8, General Industry Safety Orders, Section 3203 and/or Construction Safety Orders, Section 1509, that ensures compliance with, and enforcement of, current minimum Cal-OSHA Safety Standards, and that his/her organization has knowledge of these standards that are applicable to the job operations. This includes a program for ensuring employees have been trained to recognize hazards of their job.

The undersigned also hereby certifies that his/her organization has an active written Hazard Communication Program with evidence that all employees have been trained in safe use and handling of chemicals on the job site, and a file will be made available for review by the City of San Carlos of each Material Safety Data Sheet (MSDS) on those chemicals kept on the site.

Name of Contractor
Signature of Contractor Representative
Dated: __________________________
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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DRUG-FREE WORKPLACE CERTIFICATION
The bidder_________________________________________________________________, hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The contractor will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan:
(a) Will receive a copy of the company’s drug-free policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or loan.

I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

Dated:_______________________, 20____.
________________________________
Contractor’s Signature
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.

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ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (Optional) Public Contract Code Section 22300
This Escrow Agreement is made and entered into by and between _______________________________ whose address is __________________________________________________ hereinafter called "Owner,"________________________________ whose address is ______________________________
____________________hereinafter called "Contractor" and ____________________________________ whose address is
__________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to
deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________ dated __________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit.

The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____________________, and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld
from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering

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the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. (6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written
notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner
consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor.

Upon seven (7) days written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5)
to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow
Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent:
___________________________ ___________________________ _______________________________ Title Title Title
___________________________ ___________________________ _______________________________ Name Name Name
___________________________ ___________________________ _______________________________ Signature Signature Signature
___________________________ ___________________________ _______________________________ Address Address Address

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At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner: Contractor:
______________________________ ___________________________________ Title Title
______________________________ ___________________________________ Name Name
______________________________ ___________________________________ Signature Signature

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GUARANTEE
(To Be Submitted Prior to Project Acceptance)

FOR THE
City of San Carlos
San Carlos, CA 94070
2026 Sanitary Sewer Rehabilitation Project
Project No. C9617
We hereby guarantee that the work we have installed for the above named project has been done in accordance with the Plans and Specifications and that the work installed will fulfill the requirements of the guarantee.

We agree to repair or replace any or all of our work, together with any other adjacent work which may be displayed in so doing that may prove to be defective in its workmanship or material within a period of two (2) years from the date of acceptance of the above-named work by the City of San Carlos, without any expense whatsoever to the City of San Carlos, ordinary wear and tear and unusual abuse or neglect excepted.

Within fifteen (15) days after being notified in writing by the City of San Carlos of any defects in the work, we agree to commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and separately, do hereby authorize said City of San Carlos to proceed to have such work done at our expense and we will honor and pay the cost and changes therefore upon demand.

Dated:

By:

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

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GENERAL PROVISIONS

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TABLE OF CONTENTS
SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms ................................................................................................................................ 1

1.02 Definitions .......................................................................................................................... 1 SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General .............................................................................................................................. 6

2.02 Proposal Forms ................................................................................................................. 6

2.03 Qualifications of Bidders .................................................................................................... 6

2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities ........................ 6

2.05 Submission of Bids ............................................................................................................ 6

2.06 Approximate Estimate ....................................................................................................... 7

2.07 Examination of Plans, Specifications and Work Site ......................................................... 7

2.08 Withdrawal of Proposals .................................................................................................... 7

2.09 Proposal Guarantee .......................................................................................................... 7

2.10 Disqualification of Bidders ................................................................................................. 7

2.11 Bid Protest Procedures ..................................................................................................... 7

2.12 List of Subcontractors ........................................................................................................ 8

2.13 Required Contractor and Subcontractor Registration ....................................................... 8 SECTION 3 – REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION

3.01 Public Bid Opening and Initial Review ............................................................................... 9

3.02 Determination of Lowest Responsible Bidder ................................................................... 9

3.03 Notice of Award ................................................................................................................. 10

3.04 Contract Execution ............................................................................................................ 10

3.05 Status of Contractor .......................................................................................................... 10

3.06 Assignment ........................................................................................................................ 10

3.07 Recognition of Subcontractors .......................................................................................... 10

3.08 Return of Bid Security ....................................................................................................... 10

3.09 Forfeiture of Proposal Guarantee ...................................................................................... 11

3.10 Contract Bonds .................................................................................................................. 11

3.11 Notification of Surety Companies ...................................................................................... 12

3.12 Power of Attorney .............................................................................................................. 12

3.13 Insurance Requirements ................................................................................................... 12

3.14 Special Requirements ....................................................................................................... 12

3.15 Builders Risk Insurance ..................................................................................................... 13

3.16 Certificates ........................................................................................................................ 13

3.17 Legal Address of Contractor .............................................................................................. 13

3.18 Office of Contractor at Site ................................................................................................ 13 SECTION 4 – SCOPE AND CONTROL OF THE WORK

4.01 Work to be Done ............................................................................................................... 14

4.02 Plans and Specifications ................................................................................................... 14

4.03 Reference to Standards and Codes .................................................................................. 14

4.04 Authority of the Engineer ................................................................................................... 15

4.05 Contract Documents and Precedence .............................................................................. 15

4.06 Interpretation of Specifications and Drawings ................................................................... 15

4.07 Figured Dimensions .......................................................................................................... 15

4.08 Errors or Discrepancies ..................................................................................................... 16

4.09 Drawings to be Furnished by Contractor ........................................................................... 16

4.10 Additional Drawings by City ............................................................................................... 16

4.11 Lines and Grades .............................................................................................................. 16

4.12 Record Documents ............................................................................................................ 16

4.13 Record Drawings ............................................................................................................... 16

4.14 Reuse of Documents ......................................................................................................... 17

4.15 Subsurface Data ................................................................................................................ 17

4.16 Right-of-Way ..................................................................................................................... 17

4.17 Removal of Defective and Unauthorized Work ................................................................. 17

4.18 Acceptance of Defective Work .......................................................................................... 17

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4.19 Submittals .......................................................................................................................... 17

4.20 Substitutions ...................................................................................................................... 18

4.21 Construction Staking Lines and Grades ............................................................................ 19

4.12 Inspection of the Work ....................................................................................................... 19

4.23 Testing ............................................................................................................................... 19 SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Orders ............................................................ 21

5.02 Contractor Liability for Unapproved Change Orders ......................................................... 21

5.03 Non-Material Change Requests by the Contractor ........................................................... 21

5.04 Effect of Extension of Time ............................................................................................... 21

5.05 Letters of Instruction .......................................................................................................... 21

5.06 Requests for Information, Inconsistencies and Changed Conditions ................................ 21

5.07 Extra and Omitted Work .................................................................................................... 22

5.08 Change Orders .................................................................................................................. 22

5.09 Disputed Work ................................................................................................................... 24 SECTION 6 – CONTROL OF MATERIALS

6.01 Materials and Workmanship .............................................................................................. 25

6.02 Protection of Work and Materials ...................................................................................... 25

6.03 Trade Names or Equals .................................................................................................... 25

6.04 Inspection of Materials by City .......................................................................................... 26

6.05 Inspection of Materials by Others ...................................................................................... 26

6.06 Tests of Materials .............................................................................................................. 26

6.07 Certification ....................................................................................................................... 26

6.08 Weighing and Metering Equipment ................................................................................... 26

6.09 Calibration of Testing Equipment ...................................................................................... 27 SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation ................................................................................................. 28

7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure ........................ 28

7.03 Location ............................................................................................................................. 28

7.04 Protection .......................................................................................................................... 29

7.05 Shut Down Notification ...................................................................................................... 29

7.06 Removal ............................................................................................................................ 29

7.07 Relocation ......................................................................................................................... 29

7.08 Delays ............................................................................................................................... 30

7.09 Cooperation ....................................................................................................................... 30 SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed .............................................................................................................. 31

8.02 Commencement of Work ................................................................................................... 31

8.03 Subcontracting .................................................................................................................. 31

8.04 Administrative Duties ......................................................................................................... 31

8.05 Baseline Construction Schedule ....................................................................................... 31

8.06 Three-Week Look Ahead Schedule .................................................................................. 31

8.07 Construction Sequence ..................................................................................................... 32

8.08 Recording Existing Conditions .......................................................................................... 32

8.09 Preconstruction Conference .............................................................................................. 32

8.10 Progress Meeting .............................................................................................................. 32

8.11 Hours of Construction ........................................................................................................ 32

8.12 Prosecution of Work .......................................................................................................... 32

8.13 Suspension of Work .......................................................................................................... 33

8.14 Default by the Contractor and Termination of Control ....................................................... 33

8.15 Contractor’s Right to Stop Work or Terminate Contract .................................................... 34

8.16 City’s Right to Terminate Contract .................................................................................... 34

8.17 Time of Completion and Days Charged ............................................................................ 35

8.18 Liquidated Damages ......................................................................................................... 35

8.19 Delays and Extension of Time ........................................................................................... 36

8.20 Substantial Completion ..................................................................................................... 38

8.21 Project Closeout ................................................................................................................ 38

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8.22 Final Completion ............................................................................................................... 38

8.23 Final Acceptance ............................................................................................................... 39

8.24 Risk of Loss ....................................................................................................................... 39

8.25 Use of Improvements During Construction ...................................................................... 39 SECTION 9 – RESPONSIBILITIES OF THE CONTRACTOR

9.01 Contractor’s Responsibility for the Work ........................................................................... 40

9.02 Contractor’s Responsibility for Subcontracted Work ......................................................... 40

9.03 Superintendent .................................................................................................................. 40

9.04 Character of Workers ........................................................................................................ 40

9.05 Laws to be Observed ........................................................................................................ 40

9.06 Permits and Fees .............................................................................................................. 42

9.07 Coordination and Cooperation .......................................................................................... 42

9.08 Use of Premises ................................................................................................................ 43

9.09 Construction Staging and Field Office ............................................................................... 43

9.10 Site Security ...................................................................................................................... 44

9.11 Construction Water ............................................................................................................ 44

9.12 Project Site Maintenance .................................................................................................. 44

9.13 Preservation of Property .................................................................................................... 46

9.14 Protection of Buried Utilities .............................................................................................. 47

9.15 Protection of Bridges ......................................................................................................... 47

9.16 Protection of Traffic Signal Facilities ................................................................................. 47

9.17 Restoration of Adjacent and Existing Improvements ......................................................... 48

9.18 Archeological Remains ...................................................................................................... 48

9.19 Access to Private Property ................................................................................................ 48

9.20 Traffic Control and Public Convenience ............................................................................ 48

9.21 Safety ................................................................................................................................ 51

9.22 Patent Fees or Royalties ................................................................................................... 53

9.23 Advertising ......................................................................................................................... 53

9.24 Antitrust Claims ................................................................................................................. 53

9.25 Audit and Examination of Records .................................................................................... 53

9.26 Notice of Entrance ............................................................................................................. 54

9.27 Additional and Emergency Protection ............................................................................... 54

9.28 Placing Portions of Work in Service .................................................................................. 54

9.29 Rights of Way .................................................................................................................... 54 SECTION 10 – MEASUREMENT AND PAYMENT

10.01 Measurement of Quantities for Unit Price Work ................................................................ 55

10.02 Bid Items ........................................................................................................................... 55

10.03 Bid Quantities .................................................................................................................... 55

10.04 Progress Payments ........................................................................................................... 56

10.05 Retentions ......................................................................................................................... 57

10.06 Final Payment ................................................................................................................... 58

10.07 Acceptance ........................................................................................................................ 59

10.08 Compensation for Extra Work Omitted .............................................................................. 59

10.09 Compensation to City for Extension of Time ..................................................................... 59

10.10 Claims ............................................................................................................................... 59

10.11 Time Limit on Claims ......................................................................................................... 59

10.12 City Response to Claims ................................................................................................... 60

10.13 Appeal of Engineer’s Decision .......................................................................................... 60 SECTION 11 – GUARANTEE

11.01 Contractor’s Guarantee ..................................................................................................... 61

11.02 Correction of Defective Work During the Guarantee Period ............................................. 61 * * *

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GENERAL PROVISIONS
SECTION 1 – TERMS AND DEFINITIONS

1.01 Terms – Unless otherwise stated, the words “directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory,” or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.

1.02 Definitions – Except as amended or supplemented, whenever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows:

Agreement - The written contract documents between the City and the Contractor covering the performance of the work.

As Shown, As Indicated, As Detailed - Where these words or words of similar import, are used, it shall be understood that reference to the drawings accompanying these specifications is made unless stated otherwise. Where "As Directed", "As Permitted", "Approved", or words of similar import, are used, it shall be understood that the direction, requirements, permission, approval, or acceptance of the Engineer is intended unless stated otherwise. As used herein, "Provide" shall be understood to mean "Provide Complete in Place" that is, "Furnish and Install”, and "Install" shall mean the installation complete in place of an item of equipment furnished by the City.

ASTM - American Society for Testing and Materials specifications.

AWWA - American Water Works Association and its Standard Specifications.

Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents.

Bid - The offer or proposal of the bidder submitted on the prescribed forms setting forth the prices for the work to be performed.

Bid Forms - Includes the Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bid Security, and all other information requested by the Bid Proposal Documents.

Bidder – Any individual, firm, partnership, corporation, or combination thereof submitting a bid for the work, acting directly or through a duly authorized representative. After the City awards the Contract, the term “Bidder” shall be equivalent to the term “Contractor” for the purpose of identifying the Contractor’s rights and obligations under the Contract Documents.

Bidding Documents - The Notice Inviting Sealed Proposals, Instruction to Bidders, Bid Proposal forms and Bidders Bond.

Bonds - Bid, performance, labor and material, and 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 revision in the work, with possible adjustment in the contract price or the contract time, issued on or after the effective date of the Agreement. If the change involves items for which there is no contract unit price, the order shall so state and stipulate that the changes shall be performed as extra work or work omitted.

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City - The City of San Carlos acting through the City Council or any other board, body, official(s) to which or to whom the power belonging to the City Council has been properly delegated.

City Regulations - All written laws, rules, and policies established by the City, including those set forth in the General Plan, San Carlos Municipal Code, ordinances, resolutions, policies, procedures, and City design documents (including the Standard Specifications, design standards, and relevant Public Facility Master Plans).

Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California.

Contract – See definition for “Agreement”.

Contract Documents - See Agreement, Section 2.1, “List of Contract Documents and Precedence”.

Contract Drawings or Plans - All drawings which may have been prepared by or in behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, all drawings submitted in pursuance of the terms of this contract by the successful bidder with their proposal and by the contractor to the City and reviewed by the Engineer; and all drawings submitted by the Engineer to the contractor during the progress of the work as provided for herein.

Contract Price - The total amount of money for which contract is awarded and as amended.

Contract Time - The number of days or the date stated in the contract as the duration for completing work.

Contract Unit Price - The Contractor’s original bid for a single unit of an item of work in the proposal.

Contractor - An individual, partnership, corporation, developer, joint venture, subdivider or other legal entity entering into a contract or agreement with the City to perform the work covered by this contract, and their authorized agents or legal representatives. After the City awards the Contract, the term “Contractor” shall be equivalent to the term “Bidder” for the purpose of identifying the Contractor’s rights and obligations under the Contract Documents.

Day or Days - Unless herein otherwise expressly defined, shall mean a calendar day of twenty-four hours each.

Defective Work - Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of the Engineer, or requirements of any inspection, reference standard, test, or approval specified in the Contract Documents, or has been damaged prior to the Engineer’s recommendation of final acceptance. See General Provisions Section

6.01, “Materials and Workmanship”.

Directive – Any document, signed by the City, with instruction to the Contractor pertaining to the completion of a project objective; including, but not limited to responses to requests for information, clarifications, letters of instruction, the notice of award and the notice to proceed.

Engineer - The Engineer duly and officially appointed by the City to represent the City and to observe the work of construction under this contract, acting personally or through agents or assistants duly authorized by the Engineer, such agents or assistants acting within the scope of the particular duties entrusted to them.

Extra Work - Performance or furnishing of work or material found necessary for the proper completion of the improvements, the payment of which is not covered by any item of the bid schedule and for which no means of payment, direct or indirect, has been provided in the contract.

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Final Completion - The point at which work has been completed in accordance with the contract documents, plans and specifications to the satisfaction of the 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 work, resulting from the project work scope, necessary to complete the project work scope that cannot be well defined prior to the start of extra work. General Provision, Section 5.08 “Change Orders“ establishes the specific methods of compensation for labor, materials and equipment used to perform the force account work.

Greenbook - The Standard Specifications and Plans written and promulgated by Public Works Standards, Inc., entitled “Standard Specifications for Public Works Construction”, and “Standard Plans for Public Works Construction”, current editions.

Hold Harmless - Agreement by one party to bring no claim for negligence, breach of contract, indemnity or otherwise against another party. See Agreement Section 17, “Indemnification”.

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

Liquidated Damages - The amount of dollars assessed for each and every calendar day required to complete the contract in excess of the contract time. See General Provisions, Section 8.18, “Liquidated Damages”.

Losses - Any and all losses, costs, liabilities, claims, damages, and expenses, including, without limitation, reasonable attorneys’ fees and expenses.

Manual of Uniform Traffic Control Devices (MUTCD) or California Manual of Uniform Traffic Control Devices (CAMUTCD) – The latest edition of the California Manual of Uniform Traffic Control Devices.

Modification – Modifications to the Agreement are executed by change orders, and may only be issued after the effective date of the contract.

Notice - Any notice allowed or required to be given by the City may be given by the Engineer.

Notice of Award – The written notice by the City to the successful Bidder stating that upon completion of required conditions the City will execute the contract.

Notice to Proceed – A written notice by the City to the Contractor authorizing the Contractor to proceed with the work and fixing the date on which the contract time will start.

Plans - The contract plans and/or supplemental drawings approved by the Engineer which show the location, character, dimensions and details of the work.

Project - The total construction of which the work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate Contractors.

Proposal - The offer of a bidder when submitted on the proposal form, properly signed and guaranteed.

Reference Specifications - Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the current edition or amendments in effect at the time of advertising the project unless specifically referred to by edition, volume or date. Unless otherwise stated in the plans or specifications, the reference specification in effect shall be that edition which was in effect on the date of the Notice Inviting Bids.

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Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the Contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the work. See General Provisions, Section 4.19, “Submittals”.

Special Provisions - Any provisions which supplement or modify these standard specifications.

Specifications – The information, directions, provisions and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specification, General Provisions, those administrative subsections of Caltrans’ Standard Specification that are specifically referenced in this Contract and the non-administrative sections (Section 10 through 95) of the Caltrans’ Standard Specification dated 2010.

Standard Plans - The Standard Details of the City of San Carlos, current edition, including the Parks and Streetscape Standard Plans, current edition, identifying construction standards for the various items of work indicated and/or referred to on the plans, specifications or special provisions.

Standard Specifications - The Standard Specifications of the City of San Carlos.

Standard Specifications for Public Works Construction - The Standard Specifications for Public Works Construction, “Greenbook”, current edition.

State - State of California.

State Standard Plans - The Standard Plans of the Department of Transportation of the State of California, (Caltrans’) Standard Plans dated 2010.

State Standard Specifications - The Standard Specifications of the Department of Transportation of the State of California Caltrans’ Standard Specification dated 2010.

Subcontractor - Any individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site. Unless otherwise specifically provided, the term Subcontractor includes Subcontractor of any tier, suppliers, manufacturers and distributors. See Section 3.07 of the General Provisions.

Substantial Completion – When the work (or a specified part thereof) has progressed to the point where it is sufficiently complete and in accordance with the Contract Documents. See General Provisions, Section 8.20, “Substantial Completion”.

Superintendent – The executive representative of the contractor responsible for the site supervision of the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and to accept orders for changed and extra work.

Surety - Any individual, firm or corporation, bound with and for the Contractor for the acceptable performance and completion of the work, and the satisfaction of all obligations incurred.

Surveyor - A land surveyor licensed in the State of California.

Unbalanced Bid - See Materially Unbalanced Bid and Mathematically Unbalanced Bid.

Work - The construction and services required by the Contract Documents as amended by contract modifications, whether completed or partially completed, including all labor, materials, equipment, tools, and services provided or to be provided, by the Contractor to fulfill the Contractor’s obligations. The work may constitute the whole or a part of the project

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Working Day – Any day except Saturday, Sunday, Holidays observed by the City, or days in which the Contractor is entitled to an excusable delay. Holidays observed by the City are: Thanksgiving, day after Thanksgiving, Christmas Day, New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, and Veteran’s Day. See General Provisions, Section 8.19, “Delays and Extension of Time”. In addition, at the option of the Engineer, the contractor may be required to suspend all work and activities during the City’s annual Holiday Closure in late December and early January of each year. No work shall be done during this suspension except such work as is necessary for the proper care and protection of work already performed, or except in case of an emergency, and in any case, only with prior written permission of the Engineer. This suspension of work will be at no cost to the City. Working days will not be assessed during this suspension of work.

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SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS

2.01 General - Bidders may obtain complete sets of the Contract Documents, including the proposal forms to be used for bidding, at the location designated in the Notice to Bidders. Bidders shall use complete sets of Contract Documents in the preparation of bids. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the work and does not confer a license or grant permission for any other use of the Contract Documents.

2.02 Proposal Forms – The portion of the Contract Documents entitled “Bid Proposal” focuses the Bidders attention on the requirements for submitting a proposal, including the Notice to Bidders, and the Bid Proposal Forms.

Bids are required for the entire work described herein and shall be submitted on the blank forms prepared by the City and provided herein. The Bid Proposal submitted to the City shall consist of the completed Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bidder’s Qualifications, Bidders References, Signature of Bidder, Bid Guaranty, and all other information requested by the Bid Proposal documents.

All proposals shall type or print legibly in ink the proposed prices both in writing and in figures and shall be signed, with address included, by the bidder or the bidder's authorized representative. Corrections must all be individually initialed by the Bidder. Bidder shall not modify or qualify the Bid Forms in any manner.

The Bid Forms shall be signed by a person or persons legally authorized to bind the Bidder to the Contract. The individuals signing each document shall warrant that they are authorized to bind the legal entity of the Bidder. Proposals made by individuals must show the individual's signature and post office address; if made by a firm or partnership and the signature of one or all of the partners must be shown.

Proposals submitted by corporations must show the name and post office address of the corporation, the name of the state, under whose laws the corporation is chartered, and the signature and title of the person signing on behalf of the corporation.

2.03 Qualifications of Bidders - Each bidder shall be licensed as specified in the Notice to Bidders and in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code, State of California, and shall be skilled and regularly engaged in the general class or type of work called for under this contract.

It is the intention of the City to award a contract only to a bidder who is able to furnish satisfactory evidence that they have the requisite experience and ability and that the bidder has sufficient capital, facilities and plant to enable them to prosecute the work successfully and promptly, and to complete it within the time set forth in the contract.

In determining the degree of responsibility to be credited to a bidder, the City will weigh any evidence indicating the bidder, or personnel guaranteed to be employed in responsible charge of the work, has satisfactorily performed other contracts of like nature and magnitude.

2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities - Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, irregularities of any kind, or corrections and erasures without initials by the Bidder.

2.05 Submission of Bids - All Bid Forms, including all documents required to be submitted with the Bid, shall be enclosed in a sealed opaque envelope. The envelope shall be clearly marked on its face with the Bidder’s name and address, and the notation “SEALED BID ENCLOSED, CITY OF SAN CARLOS”, with an identification of the project name and number as identified in the Notice to Bidders. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope. Oral, telephonic, facsimile, telegraphic, or electronically transmitted Bids are invalid and will not be accepted.

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Bids may be mailed or delivered by messenger. It is the Bidder’s responsibility alone to ensure that the Bid is received prior to the bid opening deadline at the place specified in the Notice to Bidders.

Whether or not bids are opened exactly at the time fixed in the public notice inviting bids, any bid received after that time shall be returned unopened.

2.06 Approximate Estimate - The quantities listed in the bid schedule are approximate only, supplied as a general indication of the scope of work and to be used as a basis for comparing bids. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to delete any portions of the work in their entirety, from the quantities listed on the bid schedule, as may be deemed necessary or advisable by the Engineer.

2.07 Examination of Plans, Specifications and Work Site - Bidder shall examine carefully the plans, specifications, proposal and contract forms, and the physical site of the work contemplated, regardless of if a site walk or pre-bid meeting has been scheduled by the City or not. It will be assumed that the bidder has investigated and is aware of the conditions to be encountered in carrying out the proposed work, and is fully satisfied as to the scope, character, quality, quantity and requirements of the proposed work, and the submission of a bid will be an acknowledgement of that assumption.

The bidder shall receive no additional compensation for obstacles or difficulties due to surface or subsurface conditions actually encountered. Where investigations of surface or subsurface conditions have been made by the City in respect to foundation or other structural design, and that information is shown in the plans, said information is included only for the convenience of bidders. The City assumes no responsibility whatsoever as to the sufficiency or accuracy of borings, or of the log of test borings or other investigations or tests, or of the interpretation thereof; there is no guaranty, warranty or representation, express or implied, that the conditions indicated thereby in fact exist or are representative of those existing throughout the work. Such information shall be used as a basis for bids at the bidder's own and sole risk; making such information available to bidders is not to be construed in any way as a waiver of the other provisions of this paragraph, and bidders must satisfy themselves through their own investigation as to the surface and subsurface conditions to be encountered at the site. By submitting a Proposal, the Bidder has certified that they have examined all items indicated in Section 2.07, "Examination of Plans, Specifications, and Site of the Work."
Each proposal shall be enclosed in a sealed envelope and endorsed as specified in the Notice Invited Sealed Proposals. Bidders are warned the proposals containing irregularities of any kind, including erasures, omissions, conditions, alterations, or additional proposals may be rejected.

2.08 Withdrawals of Proposals - Any proposal may be withdrawn at any time prior to the time fixed in the Notice Inviting Sealed Proposals for the opening of bids, provided that a request in writing, executed by the bidder or their duly authorized representative, for the withdrawal of such bid, is filed with the City. The withdrawal will not prejudice the right of a bidder to file a new proposal.

2.09 Proposal Guaranty - Each proposal shall be accompanied by either a certified check, cashier's check, or bidder's bond of a surety company acceptable to the City in an amount not less than ten percent (10%) of the bid amount, and shall be made payable to the City.

2.10 Disqualification of Bidders - More than one proposal from an individual, firm or partnership, a corporation, or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be the cause of the rejection of all proposals in which such bidder is interested. If there is a reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Proposals in which the prices obviously are unbalanced may be rejected.

2.11 Bid Protest Procedures – Any protest of the proposed contract award shall be submitted in writing to the City Clerk no later than 5:00 p.m. on the fifth (5th) business day following the date of the bid

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opening. If the fifth day falls on a weekend or holiday, the last day of the protest period shall be the first working day following the fifth day.

The protest must include the name, address, and telephone number of the person representing the protesting party. In addition,
(a) The party filing the protest must have submitted a bid for the Project. A Subcontractor of a party filing a bid for the project may not submit a bid protest. (b) The protest must contain a complete statement of the basis for the protest, and refer to the specific portion of the Contract Documents or the specific statute that forms the basis for the protest.
(c) The party filing the protest must concurrently transmit a copy of the protest to the proposed awardee.

Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

The City shall review all timely protests prior to the award of contract. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. The City Council or the City Manager as designee if the authority to award the contract has already been granted by the City Council, may either reject the protest and award the project to the lowest responsible bidder or accept the protest and award the project to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

2.12 List of Subcontractors - In accordance with the provisions of Section 4104 of the Public Contract Code, each proposal shall list the name, address and license number of each subcontractor to whom the bidder proposes to sublet portions of the work. A subcontractor is defined as one who contracts with the contractor to furnish materials and labor, or labor only, for performance of work. Subcontractors shall be listed on the form provided in the Bid Proposal.

2.13 Required Contractor and Subcontractor Registration - In accordance with Labor Code Section 1725.5 and 1771.1, the contractor and all subcontractors shall be registered with the California Department of Industrial Relations (DIR) prior to the bid opening. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. An inadvertent error in listing a subcontractor who is not registered may not be grounds for considering the bid non-responsive providing that any of the provision in Labor Code Section 1771.1(c) are satisfied.

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SECTION 3: REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION

3.01 Public Bid Opening and Initial Review - Bids which have been submitted in accordance with the requirements of the Bidding Documents, and which are received on or before the bid deadline will be opened publicly, and the dollar amounts of each bid shall be read aloud.

The City shall have the right to reject all bids. The City shall have the right to reject any bid not accompanied by the required bid security or any other item required by the Bidding Documents, or a bid which is in any other way incomplete or irregular. The City shall have the right to waive irregularities in a bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.

3.02 Determination of Lowest Responsible Bidder - Criteria for determining low bid in all contracts with the City involving an expenditure of $5,000.00 or more shall be determined as the “Lowest Monetary Bidder” on the basis of the Engineer’s approximate estimate of the quantities of work to be done as set forth in the Bid Schedule, in accordance with the calculation criteria set forth on the bid.

After the Lowest Monetary Bidder has been determined, the Engineer shall review that Bidder’s bid in order to determine whether or not that Bidder is the “Lowest Responsible Bidder.” The term Lowest Responsible Bidder shall mean the Lowest Monetary Bidder whose bid is responsive, and who is responsible to perform the work, as required by the Contract Documents.

The term “responsive” is defined by California law, but generally means that the bid has been prepared and submitted in accordance with the Bidding Requirements. The term “responsible” is defined by California law, but generally means that the Bidder is able to demonstrate that it possesses: (1) the capacity to perform the work required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the work in accordance with the Contract Documents.

The City will make its determination of responsibility based upon information submitted by Bidders contained in the Bidders Qualifications and Bidders References included in the Bid Forms and, if necessary, through interviews with previous cities, clients, design professionals, or subcontractors with whom the Bidder has worked. In determining whether or not a Bidder is responsible, the City may consider the following factors in relation to the work to be performed for this Project:
(a) Demonstrated financial strength including, but not limited to, resources available, bonding capacity, and available insurance.
(b) Demonstrated safety record including, but not limited to, Experience Modification Rate. (c) Successful completion of projects of similar scope and size. In reviewing this factor, the City may consider elements including, but not limited to, contract amount of completed projects, experience on public works projects, experience implementing prevailing wage certified payroll requirements, timeliness of performance and, if necessary, evaluation of the Bidder’s work by previous cities, clients, design professionals, or subcontractors. (d) Sufficiency of contract administration and construction management systems including, but not limited to, proposed scheduling tools, proposed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents. (e) History of claims, litigation, termination or disqualification from projects.

If the Engineer finds that the Lowest Monetary Bidder submitted a responsive Bid and that the Bidder is responsible, then that Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and the Engineer shall report the findings to the City Council.

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If the Engineer finds that the Lowest Monetary Bidder’s bid is not responsive, or that the Lowest Monetary Bidder is not responsible, then the Engineer may review the responsiveness and responsibility of the next Lowest Monetary Bidder. If the Engineer finds that the next Lowest Monetary Bidder is responsive and responsible, then that next lowest Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and Engineer shall report its findings as recommendations to the City Council. This process may continue until the Engineer finds the Lowest Monetary Bidder which is also responsive and responsible.

In the event that one or more Low Monetary Bidders are found by the Engineer to be nonresponsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Engineer for consideration, within five (5) working days after the Bidder receives the notice.

All findings by the Engineer shall be reported as recommendations to the City Council. The City Council reserves the right to reject any or all Bids, and to waive any irregularity. No Bid shall be binding upon the City until after the Agreement is signed by both the Contractor and the City. If the City Council determines that it is in the City’s best interest to award the Agreement, a Notice of Award shall be sent to the Lowest Responsible Bidder as determined by the City Council. The City Council’s decision shall be final.

The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed ninety (90) calendar days after the Bid opening, during which time no bid shall be withdrawn by the Bidders. The ninety (90) day review period may be extended upon the written request by the Engineer and written approval by the affected Bidder.

3.03 Notice of Award – Should the City decide to proceed with the award of contract the City shall issue a Notice of Award to the lowest responsible bidder.

3.04 Contract Execution - Within fifteen (15) calendar days after receipt of the Notice of Award, the bidder shall submit to the City two (2) originals of the signed agreement, the required contract bonds and certificates of insurance. If the bidder fails or refuses to enter into a contract to do the work, then the proposal guaranty accompanying the bid shall be forfeited to the City. After the Bidder has properly submitted these documents, the City will execute the Agreement and issue a Notice to Proceed.

3.05 Status of Contractor - The right of general supervision by the City shall not make the contractor an agent of the City, and the liability of the contractor for all damages to persons or to public or private property arising from the contractor's execution of the work shall not be lessened because of such general supervision.

3.06 Assignment - No agreement or portion thereof maybe assigned without consent of the Council, except that the Contractor may assign money due which will accrue to them under the Agreement.

If given written notice, such assignment will be recognized by the City to the extent permitted by law, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City and to all deductions provided for in the Agreement. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

Any attempt to assign or delegate the Agreement without the written consent of the City shall be void and of no force and effect. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment.

3.07 Recognition of Subcontractors - No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the contractor and their work shall be subject to the provisions of the contract, including specifically these general stipulations, the specifications and the contract drawings.

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3.08 Return of Bid Security - Within ten (10) working days after the execution of the Agreement, the City will return the proposal guarantees accompanying the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the Agreement has been fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.

3.09 Forfeiture of Proposal Guaranty - If Bidder does not properly execute the contract and submit the acceptable bonds, insurance and certifications within the specified time; this shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty to the City. The City may then award the contract to next Lowest Responsible Bidder. The forfeited proposal guaranty may be utilized by the City in accordance with Public Contract Code, Sections 20170 through 20174.

3.10 Contract Bonds - Before execution of the contract by the City, the Contractor shall file with the City surety bonds satisfactory to the City in the amounts, and for the purposes, noted below. Said bond shall be on the form furnished by the City herein.
(a) Performance Bond - The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City, which bond is conditioned upon the faithful performance of all covenants and stipulations under this contract within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The amount of the bond shall be one hundred percent (100%) of the total contract price; as such sum is set forth in the agreement.

Said bond shall be on the form furnished by the City herein.

As a condition precedent to satisfactory completion of this contract, an amount equal to ten percent (10%) of the estimated contract cost shall hold good for the period specified in said bond after completion and acceptance of the work by the City. (b) Labor and Material Bond – The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City in the sum not less than one hundred percent (100%) of the total contract price, as such sum is set forth in the agreement, for the payment in full of all persons, companies, or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Section 4200 to 4208, inclusive (Chapter 3, Division 5), of the Government Code of the State of California, and any acts amendatory thereof. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid.

Said bond shall be on the form furnished by the City herein. (c) Warranty Bond - The Contractor shall furnish a warranty bond in the amount of ten percent (10%) of the final contract price (total cost including change orders) to guaranty his work for two (2) years after acceptance of the work by the City Council.

Bonds shall be duly executed by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized.

The Contractor shall pay all bond premiums, costs and incidentals. Should any bond become insufficient due to an increase in the contract amount, the Contractor shall obtain supplemental bonding within ten (10) days.

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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 shall be deemed due or will be made under the Agreement until a new Surety shall qualify and be accepted by the City.

Changes in the work, or extensions of time, made pursuant to the Agreement, shall in no way release the Contractor or Surety from their obligations. The requirement for notifying the Surety of such changes or extensions shall be waived by the Surety.

3.11 Notification of Surety Companies - The surety companies shall familiarize themselves with all conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or of decreased or increased work, or of the cancellation of the contract, or of any other act(s) by the City or City's authorized agents, under the terms of this contract, and failure to so notify the aforesaid surety companies of changes shall in no wise relieve the surety companies of their obligation under this contract.

3.12 Power of Attorney - Attorneys-in-fact who sign bid bonds or contract bonds must file a certified and effectively dated copy of their Power of Attorney with each bond.

3.13 Insurance Requirements - Contractor shall provide at their own cost and expense from contract award date to acceptance of the work covered by the contract:
(a) Workmen's Compensation and Employer's Liability Insurance of not less than the amount shown in the Special Provisions for all of their employees to be engaged in the work under this contract. Should any such work be sublet, the contractor shall require each of their subcontractors at any tier similarly to provide Workmen's Compensation and Employer's Liability Insurance, all in strict compliance with Federal and State laws. (b) Personal Injury, Bodily Injury and Property Damage Liability Insurance (including automobiles, products and/or completed operations coverage) and Aircraft and Watercraft Bodily Injury Liability and Property Damage Liability Insurance if contractor uses owned or non-owned water aircraft in their operation, with Personal Injury and Bodily Injury (including death resulting therefrom) of not less than a combined Personal Injury and Property Damage Liability limit of not less than the amount shown in the Special Provisions. Should any work covered by the contract be sublet contractor shall require each of their subcontractors of any tier similarly to provide the aforesaid coverages. (c) All Risk (excluding Earthquake and Flood) Builder's Risk Insurance in an amount not less than the value of any work under this contract, except for buried pipelines and appurtenances which need not be included in the insurance value. Under the policies of insurance described above, each policy shall contain the provision for thirty (30) days written notice submitted by registered mail from the insurance carrier(s) to the City prior to cancellation or reduction in coverage.

3.14 Special Requirements - Under the policy of insurance described in Section 13.13-b, the policy shall contain the following provisions:
(a) The City and the City's officers, representatives, agents and employees shall be named as additional insureds.
(b) Endorsement providing that such insurance is primary insurance and no insurance of the additional insureds shall be called on to contribute to a loss. (c) Endorsement providing that such insurance shall not contain any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to as "XCU" hazards. (d) Standard cross-liability clause covering personal injury, bodily injury (including death

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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 City as their interest may appear. (c) Deductible amounts of all losses covered by insurance shall be borne by the contractor.

3.16 Certificates - Prior to beginning work, contractor shall furnish certificates satisfactory to the City as to contents and carriers of such insurance.

3.17 Legal Address of Contractor - Contractor's address as shown in the proposal, as well as such office or headquarters the contractor establishes at the site of work, hereby are designated as addresses to which drawings, samples, notices, letters, articles, or other communications to the contractor may be mailed or delivered. The delivery at either of these places of any item or communication from the City or agents thereof to the contractor shall be deemed sufficient service of such delivery. Contractor's address as shown in the proposal may be changed at any time by notice in writing from the contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter, or other article of communication to or upon the contractor personally.

3.18 Office of Contractor at Site - During the performance of the contract, Contractor shall maintain a suitable office at the site of work which shall be the headquarters of a representative authorized to receive drawings, instructions or other communications or articles from the City or City's agents; any such thing given to said representative or delivered at the contractor's office at the site of work in when absent shall be deemed to have been given to the contractor. Contractor shall maintain a complete set of plans and specifications at the site office whenever work is in progress.

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SECTION 4 - SCOPE AND CONTROL OF WORK

4.01 Work to be Done – The work to be done consists of furnishing all labor, materials, tools, equipment and services necessary to complete the project, as further described in the Notice to Bidders of these Specifications, and as necessary to leave the site in a neat and finished condition with all equipment properly installed and working to the satisfaction of the Engineer.

While the City has endeavored to accurately represent in the plans and specifications the physical conditions which may affect the cost of the proposed work, the City does not warrant the completeness or accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of any such conditions affecting the cost of the work, which would have been disclosed by reasonable examination of the site.

Conclusions pertaining to any test, investigation, statement or estimate of fact incorporated in the plans and specifications shall be considered by the Contractor to be a recommendation only. The Contractor may request equal access to the underlying or background information to arrive at an independent opinion thereon, including the determination of how reliable might be any conclusion appearing in (or inferred from) the information. The Contractor may not rely upon “record drawings” or similar final or accepted drawings or maps constructed on public or private property. Such information may be used for reference only. Actual locations and depths shall be determined by field investigations by the Contractor.

No oral or telephonic agreement or conversation with any officer, agent, or employee of the City or the Engineer, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the contract documents.

4.02 Plans and Specifications - It is the intent of the Plans and Specifications to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents.

For convenience, the Specifications are arranged in several sections, but such separation shall not be considered as the limits of the work required by any separate trade. The terms and conditions of such limitations are wholly between the Contractor and the project subcontractors. In general, the Special Provisions, General Provisions, and other sections of the specifications indicate the responsibilities of the Contractor and the quality of material and methods of workmanship. The plans indicate dimensions, quantities, positions, and various other details of construction.

Any work, materials or equipment that may be reasonably inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for.

When words, which have a well-known technical or trade meaning, are used to describe the work, materials or equipment, such words shall be interpreted in accordance with that meaning. See General Provisions, Section 6.03, “Trade Names or Equals”.

Subheadings and titles printed on the drawings in these General Provisions, in the specifications, and elsewhere in the contract documents, are inserted for the convenience of reference only, and shall not be taken or considered as having any bearing on the interpretation thereof.

4.03 References to Standards and Codes - Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of the opening of bids (or, on the Effective Date of the Agreement if there were no bids), except as may be otherwise specifically stated.

However, no provisions of any referenced standard specifications, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City, Contractor or Engineer, or any of their consultants, agents or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the Engineer’s Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the Contractor.

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4.04 Authority of the Engineer – The City has the final authority in all matters affecting the work.

Within the scope of the Agreement, the Engineer has the authority to enforce compliance with the Plans and Specifications and the Contractor shall promptly comply with instructions from the Engineer. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of materials furnished and work performed; equipment; work execution, rate of progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Agreement, unless otherwise ordered by the City.

4.05 Contract Documents and Precedence - The Contract Documents consist of the documents listed below, in order of precedence. If there is a conflict between component parts of the Contract Documents, the document highest in precedence controls. (a) Change Orders.
(b) Project Directives.
(c) Permits issued by other agencies.
(d) Permits issued by the City.
(e) Agreement and required agreement forms – Bid Bond, Faithful Performance and Labor and Materials Bonds, Warranty Bond, Insurance Endorsements, Worker’s Compensation Certification.
(f) Project Specifications, in the following order - Addenda, Bid Proposal including all Bid Proposal Forms, Notice Inviting Sealed Proposals, Special Provisions, Technical Provisions, Exhibits to the Proposal, and General Provisions. (g) Project Plans and Drawings.
(h) City Standard Specifications.
(i) City Standard Plans.
(j) Reference Specifications, in the following order – State of California Department of Transportation (Caltrans) State Standard Specifications (current edition), Standard Specifications for Public Works Construction “Greenbook”. (k) Reference Plans, in the following order – State of California Department of Transportation (Caltrans) State Standard Plans (2010 edition), Standard Plans for Public Works Construction (2010 edition).

All of the individual components of the Contract Documents are intended to be complementary and what is required by one shall be binding as if required by all. Interpretation of a disputed meaning or intent of the plans and specifications shall be made initially by the Engineer in accordance with the application of the order of precedence. Any final decision required regarding precedence and the clarification of discrepancies in the Contract Documents shall be made by the Engineer.

4.06 Interpretation of Specifications and Drawings - The specifications and the contract drawings are intended to be explanatory of each other. Any work indicated in the contract drawings and not in the specifications, or vice versa, is to be executed as if indicated in both. Should it appear that the work to be done, or any of the matters relative thereto are not sufficiently detailed or explained in these contract documents, including the contract drawings, the contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract so far as may be consist with the terms of the contract. Should any doubt or question arise respecting the true meaning of the specification, the Engineer shall make the final decision.

4.07 Figured Dimensions - Figured dimensions on the contract drawings shall in all cases be given precedence over scaled dimensions. If figured dimensions do not correspond to scaled dimensions, contractor shall request Engineer to verify the accuracy of the figured dimensions. It shall be the responsibility of the contractor to ascertain the correct scale of all contract drawings that are in possession,

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including those which may have been reduced for reproduction.

4.08 Errors or Discrepancies - If the contractor, in the course of the work, discovers any discrepancies between the drawings and the conditions of the ground, or any errors or omissions in the drawings or in the layout given by stakes, points or instructions, shall have the duty to inform the Engineer immediately in writing, and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the contractor’s risk.

4.09 Drawings to be Furnished by Contractor - As soon as practical after the execution of this contract, the contractor shall supply drawings of devices to be furnished hereunder as are called for herein or as are required by the Engineer to make clear the details of construction and to demonstrate fully that all materials and equipment comply with the intent and provisions of this contract. Unless otherwise herein specified, such drawings shall be submitted to the Engineer for review. Should the Engineer take exception with any drawings furnished by the contractor, the contractor shall make the revisions required, and resubmit them to the Engineer for review. After a satisfactory review by the Engineer, these drawings shall become a part of this contract and the work shall be done in conformity therewith. No such work shall be begun or devices purchased until the review of the drawings detailing such items have been completed.

The review of the drawings shall not relieve the contractor of responsibility, or waive or modify any of the provisions or requirements of this contract.

The Engineer's review of drawings submitted by the contractor will be for, and will cover, only generally conformity to the plans and specifications and will not constitute a blanket approval of all dimensions, quantities and details of the material or equipment shown by (nor shall review relieve the contractor of responsibility for errors contained in) such drawings.

All shop drawings submitted by the various subcontractors which require review of the City's representative shall first be sent to the contractor who shall keep a record of the drawing numbers and the date of their receipt.. Contractor shall submit the drawings to City's representative for review in time to prevent delays in delivery of materials.

Contractor shall thoroughly check all such shop drawings for measurements, size of member, materials and details to make sure they conform to the intent of the plans and specifications. Drawings found to be inaccurate or otherwise in error shall be returned by the contractor to the subcontractor for correction before they are submitted by the contractor to the City's representative for review.

4.10 Additional Drawings by City - Contract drawings are intended to be comprehensive and to indicate in detail the scope of the work. However, the Engineer may furnish the contractor additional drawings during the progress of the work in order to clarify and define in greater detail the intent of the contract drawings or specifications. Contractor may request such detailed drawings by submitting a request in writing to the Engineer at least two (2) weeks in advance of the time they are required.

4.11 Lines and Grades - All work under this contract shall be constructed to the lines, grades and elevations shown on the contract drawings. Contractor shall establish the lines, grades and elevations unless it is otherwise specified in the Special Provisions.

4.12 Record Documents – The Contractor shall keep at the worksite a record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directives, Field Orders and written interpretations and clarifications. These record documents together with all approved submittals, samples and shop drawings will be available to the Engineer as a reference at all times. Upon completion of the work, these record documents will be delivered to Engineer.

4.13 Record Drawings –The Contractor shall prepare and update a master “as-built” set of red ink-lined plans, to be reviewed and approved by the Engineer at the end of every month. Drawings shall contain information showing where actual installation differs from that shown on the original drawings, where underground or concealed features are found noting alignment (to 0.25’) and elevation (to 0.1’ ), field changes or deletions of work, and any additional work by change order. Upon the project’s completion, and prior to

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the project’s acceptance, the Contractor shall submit to the City the completed as-built record Drawings on one (1) set of full size prints prepared on 22" x 34" paper.

Record Drawings are full size drawings (Plans) which marked up during construction to delineate the actual in-place constructed conditions. Record Drawings shall be provided by the Contractor for this Project. Requirements for Record Drawings as specified elsewhere shall supplement the requirements specified herein.

4.14 Reuse of Documents - Neither the Contractor nor any Subcontractor or supplier or other person or organization performing or furnishing any of the work under a direct or indirect agreement with the City shall have any title or rights to any of the Drawings, Specifications or other documents (or copies thereof) which bear the seal of the design engineer. Such documents shall not be reused on extensions of the project or for any other project without written consent of the City and the design engineer.

4.15 Subsurface Data – If completed, all soil and soil test data, water table elevations, and soil analyses included or referred to in the Contract Documents apply only at the location of the test holes and to the depths indicated. If completed, soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.

The elevation of the water table indicated by soil test reports is that which existed on the date the test hole was drilled. It is the Contractor’s responsibility to determine and allow for the possibility of differing ground water elevations on the date of the project’s construction. A difference in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered as a basis for extra work.

4.16 Right-of-Way – Acquisition of right-of-way or permanent easements necessary for the improvements as shown on the plans will be provided by the City. Unless otherwise provided, the Contractor shall make any required arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas, easements, and temporary facilities required. Contractor shall identify and hold the City harmless from all claims for damages resulting from such actions.

4.17 Removal of Defective and Unauthorized Work - Should the Contractor deliberately proceed with any portion or phase of construction which is obviously incorrectly indicated in the contract plans or documents, he shall be responsible for any corrective measures required to make adequate repairs or adjustment. This shall include any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority.

All work that has been rejected shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal or replacement. If the Contractor fails to remedy rejected work within ten (10) working days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. The Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which the Contractor is liable to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.

4.18 Acceptance of Defective Work - The City shall have the option, at its sole discretion and by written notice to the Contractor, to accept defective work instead of requiring its removal or correction, in which case the contract sum shall be reduced by an amount equal to the difference between the value to the City such work would have were it complete, correct, and in conformity with the Contract Documents and the value to the City of such defective work. Such option shall be exercised solely by written notice to the Contractor and shall not be implied from any act or omission by the City or the Engineer. If the remaining payments and retention are insufficient to cover the amount of the reduction of the contract sum, the Contractor shall promptly pay to the City the amount of any such deficiency.

4.19 Submittals - Within ten (10) working days following the Notice to Proceed, the Contractor shall provide a detailed list for review and approval of all individual submittals required to be submitted

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under the contract. The list shall reference the specification section and paragraph that requires the submittal along with the date the Contractor plans to transmit the submittal to the City for review.

Unless otherwise requested by the Engineer, submittals shall be provided electronically in .pdf format at least twenty-eight (28) calendar days prior to the approval being necessary for the work.

Submittals shall be transmitted with a Submittal Cover Letter form as approved by the Engineer. Large submittals consisting of reports, oversized or colored pages, full sized shop drawings, manuals contained in binders, or submittals in other forms not easily reproduced shall be provided in hard copy format with six (6) copies.

For items requiring shop drawings, no materials shall be furnished, and no work shall be performed, until the drawings have been favorably reviewed. Shop drawings shall be of a size and scale to clearly show all necessary details.

After review by the City of each of the Contractor's submittals, the material will be returned to the Contractor marked with actions defined as follows:
(a) NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission.

Does not constitute acceptance of deletion of specified or required items not shown in a partial submission.
(b) MAKE CORRECTIONS NOTED - The same as item (a), except that minor corrections as noted by the City shall be made by the Contractor. No resubmission is required. (c) REVISE AND RESUBMIT - Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the City. (d) REJECTED - Submitted material does not conform to plans and Specifications in major respects. This material is not expected to be resubmitted. (e) SUBMIT SPECIFIED ITEM - Submittals not reviewed by the City but received for record purposes.

Favorable review of the shop drawings by the Engineer is interpreted to mean that there is substantial and acceptable conformance with the contract plans, but details of design may not necessarily be checked for adequacy or accuracy. Such acceptance shall not relieve the Contractor from the responsibility for errors or omissions in the shop drawings or from deviations from the contract documents unless such errors, omissions, or deviations were specifically called to the attention of the Engineer in writing. The Contractor shall be responsible for the correctness of the shop drawings, for shop fits and field corrections, and for the results obtained by the use of such plans.

4.20 Substitutions – Proposed requests by the Contractor for changes in products, materials, equipment, and methods of construction required under the Contract Documents after the award of contract are considered "requests for substitutions.” For proposed “or equal” substitutions, attention is directed to General Provision Section 6.03, “Trade Names or Equals.” Each request for substitution shall be prepared and presented to the City in accordance with the procedures for submittals, except that the following additional information shall be provided. (a) An explanation of the advantages to the City for accepting the substitution. (b) A comparison of significant qualities of the proposed substitution with those specified. (c) A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors, that will be necessary to accommodate the proposed substitution.
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effect of the proposed substitution on overall contract time. (e) Cost information, including a proposal of the net change, if any, in the Contract Sum. (f) Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions, that may be necessary because of the substitution's failure to perform adequately.

No extension of time will be allowed through failure of the Contractor to either transmit requests for substitution sufficiently in advance of the work, or on account of processing time outside the time limits noted.

4.21 Construction Staking Lines and Grades - Unless otherwise stated in the Special Provisions, the Contractor shall provide, preserve, and replace if necessary, all of the necessary construction stakes required for the construction of the project. Grades for underground conduits will be set on the ground surface and shall then be transferred to the bottom of the trench by the Contractor.

Stakes or marks will be set by a California Licensed Surveyor or a California Registered Civil Engineer to establish the lines and grades required for the completion of the work as specified in the Contract Documents. It shall be the Contractor's responsibility to notify the Engineer of any discrepancies found between field grades and notes shown within the Contract Documents.

Contractor shall furnish horizontal control and cut sheets to the Engineer immediately upon the setting of construction or boundary markers. Upon completion, all work shall conform to the lines, elevations, and grades shown on the plans.

4.22 Inspection of the Work - All work is subject to inspection and approval of the Engineer.

Unless otherwise stated in the specifications, the City shall perform all required inspections. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Unless otherwise authorized, work shall be done only in the presence of the Engineer. Any work done without proper inspection will be subject to rejection. The Engineer shall at all times have access to the work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with the Contract Documents.

Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract.

If a portion of the work is covered contrary to the Engineer’s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the Engineer, be uncovered for the Engineer’s observation and be replaced at Contractor’s expense without adjustment of the contract time or the contract sum.

If a portion of the work has been covered, which is not required by the Contract Documents to be observed or inspected prior to it’s being covered and which the Engineer has not specifically requested to observe prior to it’s being covered, the Engineer may request to see such work and it shall be uncovered and replaced by Contractor. If such work is in accordance with the Contract Documents, the costs of uncovering and replacing the work shall be added to the contract sum by change order; and if the uncovering and replacing of the work extends the contract time, an appropriate adjustment of the contract time shall be made by change order. If such work is not in accordance with the Contract Documents, the Contractor shall pay such costs and shall not be entitled to an adjustment of the contract time or the contract sum.

Regular working hours for City Construction Inspectors are between 7:30 a.m. and 4:00 p.m., Monday through Friday, excluding City holidays. If the Contractor works outside these times, the Contractor may be charged for additional inspection. Inspection by the Engineer or by a City inspector, or any order measurement, approved modifications, certificate or payment of money, or acceptance of any part of whole of the work, or any extension of time, or any possession by the City or its agents, shall not operate as a waiver for any provision of this contract or of any power reserved therein to the City, or any right to damage

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thereunder; no breach of this contract shall be held to a waiver of any or subsequent breach. All remedies shall be taken and construed as cumulative.

4.23 Testing - Unless otherwise stated in the Contract Documents, all required testing will either be performed directly by an independent laboratory coordinated and paid for by the Contractor. The Contractor shall submit the resulting certified test results and Certificates of Compliance for all materials requiring such as specified in the Technical Provision. Contractor shall cooperate with the City in coordinating the necessary testing. The coordination of testing, including the number and location of tests, shall be under the direction of the Engineer. All compaction test sites deeper than five (5’) feet below grade shall be properly shored by the Contractor to protect testing personnel.

The cost for performing re-tests due to failures, or additional call-outs if work is not ready to test, will be charged to the Contractor. The City shall require retesting until all required tests are successfully passed.

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SECTION 5 – CHANGES IN WORK

5.01 Limited City Authority to Approve Change Orders - The Contractor recognizes that the City is a public agency and that it can only act through its duly authorized agents. In this regard, the Contractor agrees that only written change orders, executed by the governing body of the City, shall be valid. The Engineer shall have no authority to issue a change order unless so specifically authorized, and no person shall have authority to issue any oral change order.

5.02 Contractor Liability for Unapproved Change Orders - Unless a valid change order is issued, all changes in the work performed by the Contractor shall be at the Contractor’s own risk, and shall not be entitled to any additional compensation. Furthermore, the Contractor may be required to make the work conform to the plans and specifications. No act or series of acts by the City during the course of the contract shall be deemed to constitute a waiver of the City’s right to rely upon the provisions of this Section 5, “Changes in Work”.

5.03 Non-Material Change Requests by the Contractor - Changes in the plans and specifications requested in writing by the Contractor, which do not materially affect the work and which are not detrimental to the work or to the interests of the City, may be granted to facilitate the work, when approved in writing by the Engineer. If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes or to increase the contract sum or contract time as a result of the proposed change.

5.04 Effect of Extension of Time - The granting of any extension of time due to delays which, in the judgment of the City, are unavoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.

5.05 Letters of Instruction - The Engineer may issue letters of instruction in the form of Field Orders, Clarifications, responses to Requests for Information, or any other document which makes interpretations or clarifications to the Contract Documents that do not modify the scope of work or involve an adjustment in the contract sum or contract time. Letters of Instruction shall be binding upon the Contractor, and the Contractor shall promptly carry out the requirements of such Letters of Instruction.

5.06 Requests for Information, Inconsistencies and Changed Conditions - Before undertaking each part of the work, the Contractor shall carefully study all pertinent figures shown in the Contract Documents and verify that all applicable field measurements are free of conflicts, errors, discrepancies, inconsistencies and omissions. If such conditions are discovered, the Contractor shall notify the Engineer by writing a Request for Information, and await direction from the Engineer before proceeding.

If the Contractor encounters a changed condition, as defined by one or more of the conditions below, the Contractor shall notify the Engineer by writing a Request for Information before disturbing the condition further.

(a) Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined by Health and Safety Code, Section 25117 that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provision of existing law; and
(b) Subsurface or latent physical conditions at the site differing materially from those represented in the Contract Documents; and
(c) Unknown physical conditions at the site of any unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the work and of the character provided for in the Contract Documents.

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No extension of Contract time shall be made by the City due to the Contractor’s failure to provide a timely written notice of any inconsistency or changed condition requiring direction. The Engineer will respond to the Contractor’s Request for Information within three working days, providing an interpretation, clarification or change order for an appropriate adjustment in contract time and cost pursuant to General Provisions, Section 5.07, and “Change Orders”. Contractor shall wait for the Engineer’s written response to a Request for Information before proceeding with any work.

The Contractor shall not be liable to the City for failure to report any conflict, error, or discrepancy in the Contract Documents, unless the Contractor had actual knowledge or could foresee such conditions as may be discovered by a reasonable examination of the work site or materials. If the Contractor performs any construction activity in which he knows or should know involves an error, inconsistency, ambiguity, or omission referred to in this Section, without notifying and obtaining the written consent of the Engineer, Contractor shall be responsible for the resultant costs, including, without limitation, the costs of correcting defective work. However, in an emergency affecting the safety of persons or property, the Contractor shall take all reasonably necessary precautions to prevent or minimize damage, injury, or loss.

5.07 Extra and Omitted Work - Whenever corrections, alterations or modifications of the work under this contract are ordered and approved by the Engineer and increase the amount of work to be done, such added work shall be known as Extra Work. When such corrections, alterations or modifications decrease the amount of work to be done, such deleted work shall be known as Omitted Work. The General and Special Provisions shall apply with equal force to all extra and omitted work.

When the Contractor considers that any changes ordered involve extra or omitted work, Contractor shall immediately notify the Engineer in writing and subsequently keep them informed as to when and where the alleged extra work is to be performed.

When extra work reports are agreed upon and signed by both parties, they shall become the basis of payment. When extra work is still under negotiation or has not been agreed upon, the Contractor shall keep daily detailed and accurate records itemizing each element of cost and shall provide certified payroll, invoices, and other substantiating records and documentation with records and/or claims for compensation to be provided no later than 30 days following the time in which the work claiming to be extra was performed.

Unless notification of extra work is documented, and unless a complete statement of materials used and expenses incurred is furnished by the Contractor, the Contractor shall not be entitled to payment of such alleged extra work, and any future claims for compensation will be invalid.

Payment for extra work shall be in accordance with General Provisions, Section 5.08 - “Change Orders”. Omitted work shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted.

5.08 Change Orders – At any time during the progress of the work, and without in any way rendering void the Agreement, the City may order alterations, additions or deductions from the work by change order, without notice to sureties. When so ordered in writing, the Contractor shall proceed with work as directed by the change order.

The change order shall describe the change in the work, the adjustment of the contract sum (if any), and the adjustment of the contract time (if any). The Contractor shall not be entitled to any extension of time for the completion of the work by virtue of any change order unless the change order specifically provides for this. If, after receiving a change order, the Contractor requests an extension of time, within five (5) working days the Contractor must file a written claim to that effect for consideration by the Engineer.

The process of submitting a proposed change, a cost proposal, or negotiating an agreed upon change order, or any failure to reach an agreement as to an adjustment in the contract sum or the contract time, shall not relieve the Contractor of the obligation to perform in accordance with the Contract Documents.

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A change order may be in the form of a City directed change order or an agreed upon change order. Upon the receipt of either form of change order, the Contractor shall proceed promptly and diligently with the extra work.
(a) City Directed Change Orders - A City directed change order may be issued by the City without the Contractor’s signature where the City determines that it is in the City’s best interest to proceed with the work, and the change does not materially alter the character of the work. The Contractor shall be deemed to have accepted the terms of any City directed change order unless the Contractor asserts a claim with respect to the change order, no later than ten (10) working days following the Contractor’s receipt of the change order. See General Provisions, Section 5.09`, “Disputed Work”.
(b) Agreed Upon Change Orders - Within five (5) working days after receiving a request from the City for a written proposal for an agreed upon Change Order, the Contractor shall provide the Engineer with a cost proposal in a form satisfactory to the Engineer, setting forth the Contractor’s proposed adjustments to the contract sum and contract time for performing the extra work.

Compensation for agreed upon change orders shall be calculated based upon the unit prices stated in the Bid Schedule and no additional markup for overhead or profit will be provided unless stated otherwise as follows. If there are no unit prices for the extra work, the Contractor and the City may agree upon unit prices or lump sum costs, which shall be used to increase or decrease the contract sum. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.

1. Quantity Adjustments - Unit prices shall govern not only for alterations to work covered by written specifications and drawings, but also for other work incidental or necessary to completing the work for which written specifications and drawings may be later prepared. Whenever an item of work or materials is specified in the contract by unit price and is increased or decreased by more than 25 percent (25%), Section 9-1.06 of the Standard Specifications shall govern payment. This Section allows for a renegotiation of the unit price based upon consideration of the total pay item cost. If, however, a renegotiated price cannot be reached by the Contractor and the City, then the payment for this item shall be adjusted by Force Account.

2. Agreed Upon Price – If there are no unit prices for proposed extra work, the Contractor and the City may agree upon unit prices or lump sum costs, by written change order, prior to commencing work. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.

3. Force Account - When extra work is to be paid on a force account basis, the labor, materials and equipment used in the performance of that work shall be paid in accordance with the 2010 State Standard Specification, Section 9-1.04 “Force Account.” To the total of the direct costs computed, there can be an added markup of up to thirty-five percent (35%) to the cost of labor, up to fifteen-percent (15%) to the cost of materials and up to fifteen-percent (15%) to the cost of equipment.

These markups shall constitute full compensation for any and all overhead costs, profit, or other costs not specifically designated as a cost of labor, material or equipment. When subcontractors perform force account work, an additional tenpercent (10%) markup shall be added to the total cost of the extra work to reimburse the Contractor for additional administrative costs. No markup for any Subcontractor beyond the first tier shall be paid.

During the performance of extra work by Force Account, and as a condition to the Contractor’s right to an adjustment of the contract sum, the Contractor shall prepare daily reports itemizing all costs for labor, materials, and equipment rental and provide certified payrolls. For labor costs, the reports shall include names, job classifications, hours worked and rates of pay. For equipment costs, the reports shall include size, type, identification number and hours of operation. All records

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and reports shall be submitted to the Engineer for approval on a daily basis.

Reports shall be made on the State of California, Daily Extra Work Report Form or on a similar form approved by the Engineer.
i. Labor - Labor costs shall be based on the prevailing wage scale for each craft or type of workman, and no compensation shall be allowed for payment in excess of the prevailing wage. Employer payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs shall be included and will be calculated as the Labor Surcharge stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book.
ii. Materials - Materials cost shall be the cost of all materials purchased by the Contractor and used in the extra work and shall be the actual cost of such materials, including sales taxes, freight and delivery charges. The City reserves the right to reject materials to be furnished by the Contractor, sources of supply or, if necessary, to furnish the materials to the Contractor. No compensation will be paid to the Contractor for any material furnished by the City or for materials not used. iii. Equipment Rental - The Contractor will be allowed the actual rental rate of equipment, prorated over the time the machinery or equipment is required.

For Contractor owned equipment, this rate shall be as stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book.

In addition, the Contractor will be allowed reasonable move-in and moveout charges, if applicable. All equipment shall, in the opinion of the Engineer, be in good working order, good condition, and suitable for its purpose. Equipment or tools having a replacement value of $200.00 or less, whether or not consumed by use, shall be considered small tools and no payment will be made therefore.
iv. Other Services or Expenditures - The City may authorize and approve payment for work performed by special forces or necessary services and expenditures other than labor, materials, and equipment rental.

5.09 Disputed Work - When the Engineer and Contractor fail to agree as to whether an alteration ordered by the Engineer constitutes a material change or difference in the character of the work, or fail to agree upon the compensation to be allowed for such altered work, the Contractor shall proceed with the altered work and file with the Engineer, within ten (10) working days after receiving direction from the Engineer, a written protest detailing the particulars of the dispute and the amount of additional compensation or time required for the alteration. Failure of the Engineer to recognize a change in the character of work when ordering alterations shall in no way be construed as relieving the Contractor of the Contractor’s duty and responsibility for filing a protest as prescribed above. The City will not consider additional compensation for altered work unless the Contractor files a written protest within ten (10) working days after receiving direction from the Engineer.

If the Contractor has complied with the notification requirements of this sub-section, consideration of payment due shall be made as later determined through claim resolution procedures as set forth in General Provisions, Section 10, “Measurement and Payment”.

Although not to be considered as approval for proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with General Provisions, Section

5.07, “Extra Work”.

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SECTION 6 - CONTROL OF MATERIALS

6.01 Materials and Workmanship - All materials, parts and equipment furnished by the Contractor in the work shall be new, high grade, and free from defects. Workmanship shall be in accordance with generally accepted standards. Materials and workmanship shall be subject to the Engineer’s approval.

Materials and workmanship not conforming to the requirements of these specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site at the Contractor’s, expense, when so directed by the Engineer.

If the Contractor fails to replace any defective or damaged work or material after notice from the Engineer, the Engineer may cause such work or materials to be replaced. The replacement expense shall be deducted from the amount to be paid to the Contractor.

Used or secondhand materials, parts and equipment are permissible only if permitted by the Special Provisions.

Specialized material or equipment to be used in the work that is not readily available from material suppliers (such as electroliers, luminaries, signal poles, heads, cable, controllers, pumps, etc.) shall be ordered within five (5) days after award of the contract. Time extensions will not be granted for project delays due to the unavailability of such specialized material and equipment unless the Contractor furnishes the Engineer with documentation of purchase order dates, acceptable reason for delay of delivery, or proof of diligent efforts to obtain said items from alternate sources.

The Contractor shall provide the Engineer with periodic reports to inform the Engineer of any changes in the projected material or equipment delivery dates.

6.02 Protection of Work and Materials - The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and equipment for the duration of the contract.

The Contractor shall not, without the City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the contract.

6.03 Trade Names or Equals – In accordance with Public Contract Code Section 3400, whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by the name of a manufacturer or supplier, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal”.

Because products specified may have a uniqueness that can’t be matched, the Contractor must “bid” the work based upon the products specified. If, during the submittal process, an equivalent product is proposed by the contractor, the contractor shall provide data to show that the product is considered equal.

Contractor shall also identify any price differences, which shall be considered as part of the substitution and if accepted, shall result in an appropriate credit or cost to the City by change order should the substitution be made.

Unless otherwise authorized by the Engineer, the proposed substitution must be submitted in sufficient time, before the normal use or installation of the material, process or equipment, for the Engineer to determine the equivalency and for the Contractor to make any required purchases (including delivery).

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The Engineer shall be responsible for solely determining whether the material proposed for substitution is equivalent to that specified, and the Engineer’s findings shall be final. If a substitute offered by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material.

The specified contract completion time shall not be affected by any circumstances developing from the provisions of this Section.

6.04 Inspection of Materials by City - Unless otherwise specified, inspection may be required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.

Standard items of equipment such as electric motors, conveyers, elevators, plumbing fixtures, etc., are subject to inspection at the job site. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Special Provisions may specify additional inspection requirements.

6.05 Inspection of Materials by Others - When the City does not elect to make its own inspection at the source, the City may, at its expense, engage an inspector or accredited testing laboratory to inspect the materials, equipment or process. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the plans and specifications. No materials or equipment shall be shipped nor any processing, fabrication or treatment of such materials shall be done without a favorable inspection by the engaged agent. These materials shall be subject to re-inspection at the job-site.

6.06 Tests of Materials - Before incorporation into the work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the City. The materials for testing shall be delivered to the place by Contractor, and at the time designated, by the Engineer. Unless otherwise provided by the Special Provisions, all testing shall be performed under the direction of the Engineer, and at no expense to the Contractor.

The Contractor shall notify the City in writing at least fifteen (15) days in advance of any intention to use materials for which tests are specified, to allow sufficient time for the City to perform the tests. The notice shall name the proposed supplier and source of material.

6.07 Certification – The Engineer may waive material testing requirements of the Specifications and accept the manufacturer’s written Certificate of Compliance or test data demonstrating that the materials to be supplied meet the requirements of the specifications. A Certificate of Compliance is acceptable for authorizing the use of steel pipe in sizes less than eighteen (18) inches and vitrified clay, cast iron or ductile iron pipe in all sizes. All materials used on the basis of a Certificate of Compliance may be sampled or tested by the City at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of the responsibility for incorporating materials in the work which conforms to the requirements of the Contract Documents.

6.08 Weighing and Metering Equipment – All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past twelve (12) months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County, The accuracy of the work by a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented to the Engineer for approval prior to operation, and shall be renewed whenever required by the Engineer at no cost to the City.

All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within one-percent (1%) when tested with the plant shut down.

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Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area such that the error in weighing with the entire plant running will not exceed two-percent (2%) for any setting nor one and one half percent (1.5%) for any batch.

6.09 Calibration of Testing Equipment – Testing equipment, such as but not limited to, pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed twelve (12) months, and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer.

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SECTION 7 – UTILITIES

7.01 City’s Statutory Obligation - Pursuant to Government Code, Section 4215: “in any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is the subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the Contractor for the costs of location, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. The Contract documents shall include provisions that the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities.”

7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure - The Contractor shall locate and protect service laterals, conduits, and appurtenances of any underground facility, the presence of which could be reasonably inferred from the Contract Documents or from the presence of visible facilities such as buildings, meters, and junction boxes, prior to doing any work that may damage any such facilities, or interfere with their service. Where underground main distribution conduits, such as water, gas, sewer, electric power, telephone, or cable television are shown on the plans, the Contractor shall assume that every parcel will be served by a service connection for each type of utility. The Contractor shall comply with all requirements for the protection of underground infrastructure as set forth in Government Code, Sections 4215 through 4216.9.

It shall be the Contractor’s responsibility to complete all work in a manner that satisfies utility company standards, providing if requested, detailed plans prepared by a California Registered Civil Engineer showing necessary temporary support of utilities during coordinated construction work. The Contractor is directed to contact these agencies before submitting bids and to be familiar with their requirements and shall include all costs of this coordination within the proposals bid prices.

The Contractor agrees to assume liability and to hold the City of San Carlos, its officers, and employees harmless from any damages resulting from the existence of underground utilities and structures not reported to the Engineer, not indicated on the public records examined, or located at variance with that reported or shown on records examined.

7.03 Location - The City will search known records and indicate on the plans those utilities, except service connections, which may affect the work. All available information regarding removal, relocation, or disconnection of utilities, or installation of new utilities, will be furnished to prospective bidders before the receipt of bids. The Contractor shall immediately report to the Engineer those utilities omitted from the plans or found substantially at variance with the location shown.

Existing and proposed utilities and improvements are shown in their approximate locations. Locations may not have been field verified and no guarantee is made as to the accuracy and completeness of the information shown. The fact that any facility is not shown on the plans shall not relieve the Contractor of any responsibility under this Section. It shall be the Contractor’s responsibility to determine the existence and location of utilities shown on the plans, indicated by field locating services, or evidenced by facilities visible in the field. No additional compensation will be allowed for delays incurred as a result of the Contractor’s failure to field verify and/or pothole existing utilities prior to beginning construction. Potholing shall be considered as part of the various contract bid items and no additional compensation will be allowed.

At least three (3) working days prior to commencing work, the Contractor shall request that utility and agencies mark or otherwise indicate the location of their substructures. Contractor shall contact Underground Service Alert (USA) at (800) 642-2444 and the Engineer at least forty-eight (48) hours prior to excavation. The location of utilities as shown on the plans are approximate and are not to be construed

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as certainty. It shall be the Contractor’s responsibility to determine the true location and depth of all utilities and service connections affecting or conflicting with the work, prior to the performance of the work. As necessary, the Contractor shall pothole these utilities prior to working in the area to avoid damage to them.

Potholing shall be considered as part of the contract bid items, and no separate payment will be made.

Contractor shall be familiar with the type, material, age and condition of any utility which may be affected by the work.

7.04 Protection - As necessary or as directed by the Engineer, the Contractor shall field adjust proposed improvements to avoid conflicts with existing improvements. The Contractor shall not interrupt the service function or disturb the supporting base of any utility, without authority from the utility Owner or order from the City.

Where protection is required to ensure support of existing underground, overhead and at-grade utilities (including their associated structures and service connections) as shown on the plans, at the Contractor’s expense such protective measures shall be furnished and placed.. In case of damage, the Contractor, without additional compensation, shall restore utilities to as good of a condition as they were found.

Upon learning of the existence and location of any utility omitted from or shown incorrectly on the plans, the Contractor shall notify the City and be fully responsible for protecting such utility. When authorized by the Engineer, additional protection may be paid by change order, for utilities other than a service connection.

The Contractor shall immediately notify the Engineer and the utility owner when Contractor disturbs, disconnects or damages any utility. If the utility is located substantially as indicated on the plans, the Contractor shall bear the costs of repair or replacement.

When placing concrete around or contiguous to any utility, at the Contractor’s expense, a cushion of expansion joint material, clear opening, sleeve, or other suitable material approved by the Engineer so as to prevent embedment or bonding of the utility with the concrete shall be furnished and installed.

7.05 Shut Down Notification – The City is in-charge of the sewer and storm water collection systems, traffic signals and street lighting system and as such the Contractor shall coordinate shut downs of these utilities and facilities with the City’s Engineer and Public Works Maintenance Department. The Contractor shall also coordinate the shutdown of all other utilities, including, but not limited to water, electricity, gas, communications, or CATV with the corresponding utility owner.

Shut downs of any utility or other facility, when allowed, shall be done only after:

A. The Contractor has coordinated with and notify the Engineer/Utility Owners in writing, at least seventy-two (72) hours in advance of the shut down, and, B. Has properly notified customers (residents, businesses/agencies) emergency response staff, and, C. Has all materials required for the work at the job site prior to requesting a shut off.

Except for scheduled shutdowns and in cases of emergency, the Contractor shall notify all customers and effected parties of a shutdown at least forty-eight (48) hours in advance by writing and four (4) hours in advance by person to allow adequate draw time. Once shut down, the Contractor shall proceed with the work in an expedient manner until the water lines or sewer lines are back in service.

7.06 Removal - Unless otherwise specified, the Contractor shall remove all portions of interfering utilities shown on the plans as ‘abandoned’ or “to be abandoned in place”. Before starting removal operations, the Contractor shall ascertain from the utility Owner whether abandonment is complete.

The costs involved in the removal and disposal of utilities to be abandoned shall be considered as part of the contract bid items, and no separate payment will be made.

7.07 Relocation - When feasible, the utilities within the area affected by the work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Contract Documents or plans indicate that a utility is to be relocated, altered or

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constructed by others, the City will conduct all negotiations with the utilities and the work will be done at no cost to the Contractor.

Utilities interfering with the permanent project work, discovered after the award of the contract, shall either be relocated, altered, or reconstructed by the utility, or the Engineer may order changes in the work to avoid interference. Such changes will be paid for in accordance with General Provisions, Section 5, “Changes in Work”.

When the plans or specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be absorbed in the contract bid items. Temporary or permanent relocation or alteration of utilities by the Contractor for convenience shall be theresponsibility of Contractor. Contractor shall make all arrangements, obtain all approvals, and bear all costs. The Contractor may, for convenience or to expedite the work, agree with the owner of any utility to disconnect and reconnect interfering service connections. The City shall not be involved in any such agreement.

7.08 Delays - The Contractor is responsible for notifying utility companies in time to prevent delays attributable to utility relocations or alterations as called for in the Contract Documents. The Contractor shall not be entitled to damages or additional payment if such delay does occur. The Engineer will determine the extent of the delay based on the Baseline Construction Schedule (Section 8.05) and on the project as a whole, and any commensurate extension of time.

7.09 Cooperation - When necessary, the Contractor shall conduct toperations so as to permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.

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SECTION 8 – PROSECUTION AND PROGRESS

8.01 Notice to Proceed - Within twenty-one (21) calendar days following receipt of the signed agreement, bonds and insurance, the City shall issue the Contractor a Notice to Proceed provided that the documents are acceptable to the City. Unless stated otherwise, the contract time shall commence upon the receipt date on the Notice to Proceed.

8.02 Commencement of Work - Work shall commence within fifteen (15) calendar days following the receipt date on the Notice to Proceed, and shall be diligently prosecuted to completion within the time provided in the Notice to Bidders.

8.03 Subcontracting - Unless otherwise indicated by the Special Provisions, the Contractor shall perform the majority of the project work.

8.04 Administrative Duties - The Contractor shall coordinate the scheduling and timing of administrative duties with other activities to avoid conflicts and to ensure orderly project progress. Such activities include, but shall not be limited to, the preparation of construction schedules, preparation and processing of submittals, requests for information and responding to requests for quotations, attending and preparing for progress meetings and coordinating project closeout activities.

8.05 Baseline Construction Schedule – Within ten (10) calendar days of the Notice to Proceed, the Contractor shall submit to the Engineer an acceptable Critical Path Method (CPM) progress schedule showing the critical path for completing the various items of work within the number of contract days specified. The schedule shall show the order in which the Contractor proposes to carry out the major items of work and the dates on which he will start and finish the various items (including procurement of materials and equipment). If requested, the schedule shall be resource loaded to reflect person/crew hours and equipment loading for various construction activities in order for the City to better evaluate the proposed schedule.
(a) City Review of Schedule – The City may review and note exceptions to the Contractor’s schedule, if it is not sufficiently detailed to clearly show the work to be completed during each month to assure the completion of the work within the project duration. The Contractor will be solely and exclusively responsible for resolving any exceptions, and the City’s review will not create any scheduling obligations of the City. Any noted corrections to the schedule shall be addressed within five (5) working days. (b) Update of Schedule – After submission of a schedule to which the City has taken no exceptions, the Contractor shall submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the work. The updated schedule must show the “As Constructed” progress up to the date for which the schedule has been prepared and reflect any proposed changes in the method of operations, to achieve the project milestones within the required project duration. (c) Float – The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as “float”. The float will be assigned to the project and available for the City, at the Engineer’s discretion, to allocate the “float” to the Contractor as needed to complete the work in accordance with the agreement.
(d) Failure to Submit Schedule – If the Contractor fails to submit a schedule within the time periods specified in this sub-section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedule is submitted and/or corrected in accordance with the Contract Documents.

8.06 Three-Week Look Ahead Schedule - The Contractor is required to furnish to the Engineer, on a weekly basis at the project’s progress meetings, a three-week look ahead schedule. The schedule

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must show planned activities in sufficient detail to allow proper monitoring of the planned construction activities.

8.07 Construction Sequence - The Contractor shall prepare and submit at the pre-construction meeting a staging or phasing plan identifying the sequence of construction work and traffic control needed to complete the project. The staging plan shall be subject to review and approval by the Engineer, prior to the start of construction. The goal of the phasing plan will be to minimize impacts to surrounding businesses and residents in the project areas. When required by the Special Provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.

8.08 Recording Existing Conditions - Existing conditions throughout the project site shall be photographed and/or videotaped by the Contractor before starting construction. Recording shall include and show every detail of existing improvements, including the current condition of the curb, gutter, sidewalk, signs, landscaping, streetlights, structures near the project including face of buildings, canopies, shades, fences and any other features within the limits of work. Photos and/or videotape shall be delivered to the Engineer at the pre-construction meeting.

8.09 Preconstruction Conference - The City shall designate a date and time for the preconstruction conference once the contract has been fully executed. At the pre-construction conference, the City shall discuss various administrative procedures and project coordination issues. At a minimum, the Contractor should be prepared to furnish and discuss the following:
(a) Letter designating the Superintendent.
(b) A list of key personnel and emergency contact information including telephone numbers to be used in case of emergency
(c) Sequence or phasing plans identifying the phasing of construction work and any alternative sequences for consideration.
(d) Traffic control plans associated with the staging plans (to be signed and stamped by a Licensed Traffic Engineer).
(e) A draft of the master Baseline Construction Schedule, in Critical Path Method (CPM) format (to be finalized no later than ten (10) days after the Notice to Proceed). (f) A breakdown of lump sum bid items to be used as a basis for determining the value of work completed on future progress payments.
(g) A submittal schedule listing all project submittals that will need to be reviewed and a listing of proposed material suppliers.
(h) Utility company coordination and/or permit issues.
(i) Videotape and/or photography of the project’s existing condition (to be completed prior to starting construction.
(j) Anticipated cash flow projections, if requested by the engineer.

8.10 Progress Meeting - The Contractor, Job Superintendent and Subcontractors, if requested by the City, shall attend weekly progress meetings to be scheduled by the Engineer at a time agreeable to both the Engineer and the Contractor. Contractor shall also attend special meetings in addition to regular progress meetings if necessary and directed by the Engineer.

8.11 Hours of Construction - Construction activities shall be limited to the hours of 8:00 a.m. to 6:00 p.m., unless otherwise noted or further restricted in the Contract Documents, or as directed by the Engineer. No work shall be done on weekends, holidays or outside these specified hours, unless otherwise approved by the Engineer. The Contractor shall take into consideration and coordinate time constraints for special events or activities organized by the City or other agencies. No mechanical equipment, including hauling or deliveries by trucks, shall start before 8:00 a.m. and all equipment must shut down before 6:00 p.m. unless approved by the Engineer.

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8.12 Prosecution of Work - To minimize public inconvenience and possible hazards and to restore the streets and other work areas to their original condition and former state of usefulness as soon as practicable, the Contractor shall diligently prosecute the work to completion. If, in the Engineer’s opinion the Contractor fails to prosecute the work to the extent that the above purposes are not being accomplished, the Contractor shall, upon orders from the Engineer, immediately take the steps necessary to fully accomplish said purposes. All costs for prosecuting the work as described herein shall be absorbed in the Contractor’s bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Engineer may suspend the work in whole or in part, until the Contractor takes said steps. With or without such suspension, the Engineer may cause such steps to be taken by force account or by other means at the Contractors expense.

8.13 Suspension of Work - Work may be stopped or suspended in whole or in part for up to ninety (90) days when, in the Engineer’s opinion, the suspension is necessary and in the interest of the City. The Contractor shall immediately comply with any written order of the Engineer suspending work.

Such City directed suspension shall be without liability to the Contractor on the part of the City. Suspended work shall be resumed upon written order of the Engineer. An extension of contract time equal to the period of suspension shall be issued to the Contractor by change order. Any claim by the Contractor for an adjustment of the contract sum or the contract time shall be made within ten (10) working days after the end of the work suspension.

If work is suspended through any fault of the Contractor, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the work during periods of suspension, the City may elect to do so, and shall deduct the cost thereof from monies due the Contractor. Such action will not relieve the Contractor from any liability.

8.14 Default by the Contractor and Termination of Control - As a result of any of the following events, the Contractor shall be deemed to be in default:
(a) If the Contractor is in bankruptcy or makes a general assignment for the benefit of creditors, or
(b) If the Contractor fails to make prompt payment to subcontractors for labor or materials, or (c) If a receiver is appointed on account of the Contractor’s insolvency, or (d) If the Contractor fails to provide enough properly skilled workmen or enough materials to insure compliance with the construction time schedule, or (e) If the Contractor fails to perform any portion of the work within the timing requirements of the Contract Documents, or abandons the project site, or (f) If the Contractor disregards instructions from the Engineer or violates any provision of the contract, or
(g) If the Contractor fails to replace or repair any damage caused by the Contractor or its agents, representatives, contractors, subcontractors, or employees in connection with the performance of the work, or
(h) If the Contractor violates any legal requirement related to the work.

In case of default, the City may give written notice to the Contractor and the Contractor’s bonding agent that if the default is not remedied within ten (10) calendar days or the Contractor does not provide adequate written assurance to the satisfaction of the Engineer that the cure will be forthcoming, the Contractor’s control over the work may be terminated as of the date specified in the written notice.

Upon such termination of control the City may enter upon and take possession of the entire work and may also take possession, for the purpose of completing the work, of all of the Contractor’s tools, equipment and appliances upon the work, and all materials on the site or stored off-site for incorporation into the work. The City may, at its sole option and without further notice to anyone, complete the work by

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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 other means as the City, in its discretion, shall elect.

After termination of the Contractor’s control over the work as herein provided, the Contractor shall not be entitled to any further payments under the contract until the entire work thereunder has been fully completed and finally accepted by the City. After such completion and acceptance, if the “unpaid balance of the contract price” (as defined in the next paragraph) exceeds the sum of the amounts expended by the City in taking over and completing the work, including all managerial and administrative expense incurred by the City on account thereof and the amount of all damages incurred by the City by reason of the Contractor’s default, such excess shall be paid to the Contractor. If the said amount expended exceeds the unpaid balance, the Contractor and the surety shall be liable to the City for the difference. At the Contractor’s request, the expense incurred by the City in taking over and completing the work, and the amount of any damage incurred by the City by reason of the Contractor’s default shall be audited and certified by an independent third party, whose certificate thereof shall be binding and conclusive upon the parties.

For the purposes of the computations required by the paragraph above, the “unpaid balance of the contract price” shall be the original contract price as adjusted by any change orders issued prior to termination of the Contractor’s control, less all payments made on account thereof prior to such termination, and less any and all amounts withheld or paid pursuant to stop notices filed with the City upon claims of subcontractors or others from equipment, labor or materials furnished to the work on behalf of the Contractor.

Upon completion and acceptance of the work, the Contractor shall be entitled to the return of all materials not used in the work, but without claim against the City for loss or damage with respect thereto, and shall be entitled to the return of all the equipment, tools and appliances taken possession of by the City, but without claim against the City for any charge for the use thereof or for usual and ordinary depreciation and wear and tear.

The exercise of remedies provided for in this sub-section, for default by the Contractor, shall be in addition to, and shall not be deemed a waiver by the City of any other rights or remedies due the City under the contract provisions, for default by the Contractor.

8.15 Contractor’s Right to Stop Work or Terminate Contract – The Contractor may give written notice to the Engineer of intention to stop work or terminate the Agreement, or both if the work should be stopped by order of any court or other public authority, through no act, omission or fault of the Contractor or any Subcontractor, agent or employee of the Contractor, and such work stoppage under such order shall continue for thirty (30) consecutive days from the effective date of such order If, after the Contractor provides notice to the City of any of the above defaults, the City does not remedy the default within ten (10) calendar days, the Contractor may stop work and may give the City written notice of contract termination. The Contractor may then recover from the City payment for all work executed to date and any loss sustained upon any equipment or materials procured for the work prior to the work stoppage. No compensation for loss of anticipated profits will be provided, however, on work not completed. The Contractor’s right to recovery shall be subject, however, to the duty of the Contractor to mitigate all loss or damage so far as reasonably possible.

8.16 City’s Right to Terminate Contract – The City may, at its option, terminate the Agreement, in whole or from time to time in part, at any time by giving notice to the Contractor. Upon such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of the Contractor, the City shall pay the Contractor in accordance with this sub-section. Upon termination, the obligations of the Contractor for portions of the work already performed shall continue.
(a) Upon receipt of a Notice of Termination, the Contractor shall, unless the notice directs otherwise, do the following:

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1. Immediately discontinue the work to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion of the work that are not to be discontinued.

3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the work.

4. Thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect materials, plants, and equipment on the project site or in transit thereto.
(b) Upon such termination, the City shall pay to the Contractor as a sole and exclusive remedy for the termination, the sum of the following, and the Contractor will be entitled to no other compensation or damages, and expressly waives same:

1. The amount of the contract amount allocated to the portion of the work properly performed by the Contractor as of the date of termination, less sums previously paid to the Contractor, plus

2. Previously unpaid costs of any items delivered to the project site which were fabricated for subsequent incorporation in the work, plus

3. Any proven losses with respect to materials and equipment directly resulting from such termination, plus

4. Reasonable demobilization costs in excess of what would have been incurred if work were not terminated, plus

5. Reasonable costs for preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination.

The City may terminate the Agreement at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority.

8.17 Time of Completion and Days Charged - The Contractor shall diligently prosecute and fully complete the work within the number of calendar or working days set forth in the Notice inviting Sealed Proposals or shall be subject to liquidated damages. Time is of the essence in the performance of all obligations under the Contract Documents, and all timing requirements shall be strictly adhered to unless otherwise modified by the City. See General Provisions, Sections 8.12, “Prosecution of Work”, and 8.18, “Liquidated Damages”.

Under a calendar day contract, City observed holidays and inclement weather delays are to be anticipated and unless there is a deviation from what is customary for the time of year the project is under construction, no additional days will be granted. Every day, including holidays, Saturdays and Sundays shall be counted as a day charged under a calendar day contract.

Under a working day contract, the Contractor will be given credit for City observed holidays and inclement weather delays, in accordance with the State Standard Specifications. Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weather, or the conditions resulting from the weather prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least seventy-five percent (75%) of the normal labor and equipment force engaged in the current controlling operations for at least sixty percent (60%)of the total daily time being currently spent on the controlling operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter.

8.18 Liquidated Damages - The City and the Contractor, by execution of the agreement, each agree that time is of the essence in the performance of the work, and that actual damages for inconvenience

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and loss from any delay in completion of the contract beyond the date provided in the Notice to Bidders is extremely difficult or impossible to determine.

The City and the Contractor further agree, as specified in the Notice to Bidders, that liquidated damages shall be assessed for each and every calendar day required to complete the contract in excess of the contract time established for the project, and that the amount stated therein is a reasonable estimate of the amount of such damages. The Engineer may deduct any liquidated damaged owed to the City, as determined by the Engineer from any payments otherwise payable to the Contractor under this agreement.

In addition, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges.

Separate from the above-mentioned liquidated damages, the Contractor shall be responsible for paying all damages incurred by private businesses (residential, commercial or industrial), schools and hospitals due to non-completion of the project by the date specified.

Nothing contained herein shall limit the City’s rights or remedies against Contractor for any default other than failure to complete the work within the contract time. This provision for liquidated damages shall not be applicable nor act as a limitation upon the City if the Contractor abandons the work. In such event, the Contractor shall be liable to the City for all losses incurred.

The date of the Engineer’s Certificate of Substantial Completion shall be the termination date, if applicable, of liquidated damages.

8.19 Delays and Extensions of Time
(a) Excusable Delays - shall mean delays in the prosecution or completion of the work which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor, suppliers, or any tier of the Contractor’s subcontractors. Excusable Delays fall into the following categories:

1. Abnormal Delays – Excusable Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials insofar as they prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical path activity.

2. Weather Delays – Excusable Delays due to inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five percent (75%) of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of the current critical path activity.

3. Material Shortage Delays – Excusable Delays due to shortages of material, provided that the Contractor submits satisfactory proof to the Engineer. For the proof to be satisfactory, the Contractor must demonstrate that every effort to obtain the materials from all known sources within reasonable reach of the proposed work has been made. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as an excusable delay, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical price, unless it is shown to the satisfaction of the Engineer that such material was only available at exorbitant prices. A material shortage delay will not be considered for material ordered or delivered late or for material whose availability is affected by virtue of mishandled

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procurement. The above provisions shall apply equally to equipment to be installed in the work.
(b) Compensable Delays - shall include delays that occur in the prosecution or completion of the work, through no fault of the Contractor which prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following causes:

1. Delays due solely to the actions and/or inactions of the City.

2. Delays due to changed conditions as defined in General Provisions, Section 5.05, “Requests for Information, Inconsistencies and Changed Conditions”.

3. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the work as defined above.
(c) Inexcusable Delay - means any delay in the completion of the work beyond the expiration of the contract time resulting from causes other than Excusable Delays or Compensable Delays. An Inexcusable Delay shall not entitle the Contractor to an extension of the contract time or an adjustment of the contract sum. In addition to liquidated damages for inexcusable delays, the Contractor agrees to pay the City’s actual costs, including charges for engineering, inspection and administration incurred during the delay. (d) Concurrent Delays - those periods of delay when the prosecution of the work is delayed during the same period of time due to causes from a combination of the delays defined as Excusable, Compensable or Inexcusable.

If the Contractor desires an extension of time, he shall file a written request based upon the delays reported. The Engineer will ascertain the facts, the extent of the delays, and the effect upon the entire project, and the City will grant an extension of time equivalent to verified time lost. The request for an extension of time must be made no later than ten (10) working days after the start of the condition that purportedly caused the delay, and no later than fifteen (15) working days after the date on which performance on the condition purportedly causing the delay has ended.

Contractor may make a delay claim for an extension of the contract time for an Excusable Delay or a Compensable Delay. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the contract time shall be the number of calendar days from the commencement of the first delay to the cessation of the delay which ends last. If an Inexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the contract time shall be the number of calendar days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Inexcusable Delay.

For a Compensable Delay, the Contractor may make a delay claim for an adjustment in the contract sum in an amount equal to the sum of the actual and unavoidable additional costs of labor, material, and equipment furnished at the site by the Contractor or subcontractors, including wages, salaries, fringe benefits and payroll taxes.

Extensions of time, when granted, will be based upon the effect of delays to the project as a whole and will not be granted for non-controlling delays to minor portions of the work unless it can be shown that such delays did, in fact, delay the progress of the project as a whole. For purposes of determining delays, all float associated with the project schedule shall belong to the project. See General Provisions, Section

8.05, “Baseline Construction Schedule”.

If delays are caused by unforeseen events beyond the control of either the Contractor or the City, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to these delays. War, governmental regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor because of Federal Government restrictions arising out of National Defense, required extra work, action or inaction by the City, or other

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specific reasons as may be further described in the specifications may constitute such a delay. If delays beyond the Contractor’s control are caused by reasons other than those mentioned above, but are substantially equal in gravity to those enumerated, an extension of time may be granted, if deemed by the Engineer to be in the best interests of the City.

The Contractor shall be entitled to an extension of time if delayed due to a failure of the City to furnish necessary right-of-way or materials which the City agreed to furnish, or by the City’s failure to supply necessary plans or instructions concerning the work, after written request by the Contractor.

For Compensable Delay periods resulting in indirect overhead expenses, the Contractor shall be reimbursed as provided for in General Provisions, Section 5, “Changes in Work”.

8.20 Substantial Completion – When work in accordance with the Contract Documents has progressed to a stage of one-hundred percent (100%) complete, as determined by the Engineer, except for the completion of minor punch list items of deficiencies or omissions in the work which require correction in order to satisfy the agreement, yet do not impair the City’s ability to occupy and fully utilize the work for its intended purpose, the project shall be deemed “Substantially Complete”. Portions of the work may also be designated by the City as substantially complete if the Contract Documents require separate delivery.

When the Engineer determines that the work or such designated portions of the work are substantially complete, the Engineer will prepare and sign a Certificate of Substantial Completion. The date of substantial completion shall establish the date at which days charged against the project duration shall terminate. The date of substantial completion shall also establish the date of occupancy by the City and the transfer of responsibility from the Contractor to the City for such items as security, maintenance, heat, utilities, insurance, and damage to the work from causes other than that of the Contractor. Unless otherwise indicated in the Certificate of Substantial Completion, the Contractor’s guarantee for the work shall commence upon the date of substantial completion. See General Provisions, Section 11.01, “Contractor’s Guarantee”.

8.21 Project Closeout - After the Contractor has received the Certificate of Substantial Completion and has only minor work remaining, project closeout may begin. The following items and procedures are required as part of the project close out process. (a) Following the completion of punch list items, the Contractor shall make a written request to the city to conduct a final inspection. The written request shall be accompanied by a Certification that the work has been performed in accordance with the Contract Documents. (b) Within fourteen (14) days of receipt of the Contractor's Certificate of Completion, a final inspection will be scheduled and conducted by the City. As a result of the inspection, the City will advise the Contractor of any work that must be completed or corrected before Acceptance, in the form of a punch list.
(c) The City will conduct a re-inspection of the punch list items within when requested by the Contractor, in writing, with assurances that the punch list requirements have been met.

Any charges by a Consulting Engineer/Architect hired by the City to do repeat re-inspection of the punch list may be recovered from the Contractor. (d) The contractor shall provide a final payment request with lien releases (if applicable) in a format acceptable to the City.
(e) The as-built drawings and all record documents and shall be provided to the City by the Contractor including but not limited to, equipment operation and maintenance manuals, copies of warranties, shop drawings, product data, etc. Record documents shall be properly identified and organized into binders.

8.22 Final Completion - After the Contractor has received the Certificate of Substantial Completion along with the punch list, and has completed the items identified as necessary for project closeout, the Engineer will make a determination as to if the work is fully completed and in accordance with the Contract Documents. If so, the Engineer will recommend final acceptance to the City Council.

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Should it become necessary, due to developed conditions, for the City to occupy any portion of the work, or any part of any structure or equipment, before the contract is completed or accepted, such occupancy shall not constitute an acceptance of any part of the work, unless so stated in writing by the City.

8.23 Final Acceptance – Final acceptance by the Engineer will be considered after the work has been fully completed. A Notice of Completion will be filed with the County Recorder once Final Acceptance has been made.

8.24 Risk of Loss - The Contractor shall be responsible for the charge, care and protection of the project and shall bear all risks of injury or damage to the work, materials or equipment delivered to the site, by any means including fire, earthquake, wind, storm or other action of the elements, vandalism, or loss by theft, from the date of Notice to Proceed to the date of the filing of the Notice of Completion by the Engineer. The Contractor shall rebuild, repair, restore and make good all injuries or damage to any portion of the work, and shall bear the entire expense thereof, except such injuries or damages that are caused by riot, insurrection, acts of the Federal or State Government, or a public enemy in time of war.

8.25 Use of Improvements During Construction - The City reserves the right to take over and utilize all or part of any completed facility or appurtenance. Such action by the City will not relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic, from the action of the elements or from any other cause attributable to the Contractor’s operations or negligence. The Contractor will be required to restore such portions of the improvement before final acceptance. Nothing in this Section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.

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SECTION 9 —RESPONSIBILITIES OF THE CONTRACTOR

9.01 Contractor’s Responsibility for the Work - The Contractor shall supervise, coordinate, and direct the work using Contractor’s best skill and attention. Contractor shall have control over and be solely responsible for construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the work in accordance with the terms of the Contract Documents until the completion and final acceptance of the work by the City. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, excepting as otherwise stipulated.

9.02 Contractor’s Responsibility for Subcontracted Work - The City will deal directly with, and make all payments to the Contractor only. The Contractor shall be responsible for the coordination of all trades, subcontractors, and suppliers engaged upon the work. Neither the City nor the Engineer will undertake to settle any differences between the Contractor and the subcontractors.

All persons engaged in the work, including subcontractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work and shall be responsible to the City for acts and omissions including those by their respective agents and employees.

When subcontracted work is not prosecuted in a manner satisfactory to the Engineer, the Contractor shall be notified to take corrective action within a specified time. If timely correction is not made, then upon receipt by the Contractor of written instructions from the Engineer, the Subcontractor shall be removed immediately from the work and shall not be reemployed.

9.03 Superintendent - The Contractor shall employ, and provide a written letter designating a superintendent and/or representative and all their contact information. The superintendent and/or representative shall be present on the job site whenever work is in progress to coordinate all work with the City and neighboring property owners, and who shall be available by phone twenty-four (24) hours per day, seven (7) days a week up to the Final Acceptance of the work by the City. A backup representative may also be provided. A joint venture shall designate only one Superintendent.

City approval of the Superintendent is required prior to starting work. The City reserves the right to request an appropriately qualified replacement of the Superintendent any time during construction of the project. Contractor shall provide the Engineer with the Superintendent’s telephone number, along with an after-hours emergency contact number of a responsible person who shall correct hazardous situations, should they occur, during times other than the normal working hours.

Directions and information given to the Superintendent shall be considered as having the same effect as if delivered to the Contractor and the Superintendent shall have full authority to execute the same and to supply materials, tools and labor without delay, and who shall be the legally appointed representative of the contractor. Contractor shall be liable for the faithful observation of any instructions delivered to Contractor’s duly appointed representatives.

9.04 Character of Workers - Contractor shall provide competent, fully qualified personnel to perform the work and shall at all times maintain good discipline and order among its employees and Subcontractors. Any employed person or Subcontractor who is found to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable or who fails or refuses to perform the work properly and acceptably, shall be immediately removed from the work by the Contractor and shall not be reemployed.

Such discharge shall not be the basis of any claim for compensation or damages against the City of San Carlos or any of its officers, employees or agents.

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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 laws, including those of CAL-OSHA; all municipal ordinances and regulations of the City of San Carlos; and all orders and decrees of bodies having jurisdiction over the work. The Contractor shall also cause all agents and employees engaged on the project to observe and comply with all such laws, and shall protect and indemnify the City of San Carlos and all officers, employees, and agents thereof connected with the work against any claim or liability arising from or based on the violation of any such law
(a) Non-Discrimination – Attention is directed to Labor Code, Section 1735 which reads as follows: “No discrimination shall be made in the employment of persons upon public work because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code, Section 12940 and every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.” (b) Noncitizen Labor - The Contractor shall forfeit as penalty to the City 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, by 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. Pursuant to Labor Code, Sections 1813, Contractor shall forfeit to the City, as a penalty, twenty-five dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or any Subcontractor in violation of the terms of this Section or in violation of the provision of any law of the State of California. Such forfeiture amounts may be deducted from the contract sum. Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California. (d) Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work.

A schedule of the most recent general prevailing per diem wage rates made available to the City will be on file at the City’s principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information only and is not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay those rates as required.

By this reference the verified current schedule of prevailing wage rates is made part of the Contract Documents. Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all Subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such Subcontractors in the execution of the work.

Contractor shall forfeit to the City, as a penalty, no more than fifty-dollars ($50.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the worker is employed for any portion of the work done by Contractor or any Subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive. Such forfeiture amounts may be deducted from the contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or

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portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.

The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement. (e) Payroll Records - Pursuant to Labor Code, Sections 1776, Contractor and all Subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by Contractor or Subcontractors keeping such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll. The Contractor and all Subcontractors must also furnish electronic certified payroll records to the Labor Commisioner of the State of California, Department of Industrial Relations.
(f) Apprentice Program - Attention is directed to State of California Labor Code, Sections 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the Contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, Contractor or Subcontractors should, where some question exists, contact the Division of Apprenticeship Standards, 425 Golden Gate Avenue, 4th Floor, San Francisco, California, 94102 or one of its branch offices prior to commencement of the work. In the event Contractor willfully fails to comply with this Section, it will be considered in violation of the requirements of the Contract.

Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Contractor or Subcontractors of journeyworker trainees who may receive onthe-job training to enable them to achieve journeyworker status in any craft or trade under standards other than those set forth for apprentices.
(g) Safety Program – the Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and to all requirements as set forth in the State of California Construction Safety Orders (CAL-OSHA), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. Within ten (10) working days following the Notice of Award the Contractor shall provide a copy of the Contractor’s Safety Plan. The price paid for the plan is included in the various contract items of work and no additional compensation will be made therefore.

9.06 Permits and Fees – Unless otherwise stated in the Special Provisions, the Contractor shall procure all permits, registrations and licenses, including a City business registration, pay all charges and fees, and give all notices necessary for lawful prosecution of the work. All permits, registrations, licenses, and other authorizations shall be secured in sufficient time to prevent delays to the work. The Contractor shall comply with the provisions of said permits, licenses and other authorizations. The contractor shall submit satisfactory proof to the City, prior to issuance of the Notice to Proceed, that such permits, registrations or licenses are and will be in effect throughout the entire life of this contract. The contractor shall keep all permits, registrations and licenses posted on the job site.

For City Capital Improvement Construction Projects, the Contractor shall obtain a “No Fee” encroachment and/or building permit. Contractor shall coordinate through the Engineer to insure that all appropriate construction inspections occur.

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9.07 Coordination and Cooperation - Construction work by utility companies or other Contractors may be needed or may be occurring simultaneously within or adjacent to the limits of work for this project.

The Contractor shall coordinate and cooperate with all other Contractors and utility companies throughout the duration of this project to avoid delays and minimize interference and conflicts. Cooperation will be required in the arrangement for the storage of materials, and in the detailed execution of the work. It is the Contractor’s responsibility to ascertain the nature of work by others, coordinate the work, and install, modify, and maintain traffic control as necessary to avoid interferences and delays on the construction activities.

Failure of the Contractor to keep informed of the work progressing on the site and failure to give written notice of lack of progress or defective workmanship by others shall be construed as acceptance by the Contractor of the status of the work as being satisfactory for proper coordination with Contractor’s work.

Where the work of one trade joins or is on the other’s work, there shall be no lack of continuity or discrepancy when work is completed. In conforming one kind of work with another, marring or damaging other work will not be permitted. Should improper work of any trade be covered by another which results in damage or defects, the whole work affected shall be made good by the Contractor without expense to the City.

The City reserves the right to perform work or allow others to perform work, as necessary, within or adjacent to the limits of this project, at any time. If the Contractor or any of the Subcontractors or employees causes loss or damage to any separate Contractor on the work, the Contractor, by agreement or arbitration, if they deems it necessary, will settle any claim for such loss or damage. If such separate Contractor shall sue the City, on account of any loss so sustained, the City shall notify the Contractor, who shall indemnify and hold harmless the City against any loss or damage arising therefrom, including the cost and expense of defending any such suit.

If any portions of the work specified herein are to be installed in any right-of–way owned by the State, County, Municipality, or other public entities or public utilities, it shall be incumbent upon the contractor to familiarize described above will necessarily be subject to their inspection and approval before acceptance of these portions of the work by the Engineer. Any costs for inspection by agents other than those of the City shall be borne by the contractor. Where other agencies have jurisdiction over some portion of the work, and the requirements of the agencies are at variance with this specification, then that portion of the work shall be done in accordance with the requirements of the agency(ies).

The Contractor shall absorb in the bid all costs involved in coordinating the work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral and essential work.

9.08 Use of Premises - The Contractor shall confine construction activities to the project limits; which shall consist of right-of-way, easements and/or property owned by the City of San Carlos. With prior approval of the Engineer, adjacent street right-of-way may also be utilized for day-to-day operations. Unless approved by the Engineer, no storage of materials and equipment will be allowed to remain within the rightof-way during non-working hours, on the weekends, or during holidays.

Each day, after the completion of construction operations, unless otherwise approved by the Engineer, the project limits shall be secured and made accessible to the public. All excess materials and equipment not protected by approved traffic control devices (such as k-rails) shall be relocated to a staging area or demobilized. Trench spoils shall be off-hauled daily and open excavations shall be protected with steel plates.

Personnel of Contractor and Subcontractors shall not occupy, live upon, or otherwise make use of the project site during any time that work is not being performed at the project site, except as otherwise provided for in the Contract Documents for issues such as site security.

9.09 Construction Staging and Field Office - If additional space beyond the construction limits is necessary for staging, the Contractor shall, make special arrangements with neighboring property City(s) to secure a staging area for a field office and/or material and equipment storage, at Contractor’s expense. The

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staging area must be fenced, with screening, and shall be operated in a manner that minimizes the inconvenience to neighbors.

The Contractor is encouraged to negotiate side agreements with the property owners of such sites prior to submitting bids. Prior to occupying the staging area, the Contractor will be required to provide to the Engineer a copy of the agreement or temporary construction easement granted by the property owner. A written release from the property owners or City, holding the City harmless from liability, will also need to be provided. In addition to approval from the property owners, the Contractor may also need to secure a Use Permit from the City’s Planning Division.

9.10 Site Security - Contractor shall be responsible for the care and custody of work and the site, including all necessary security provisions, on a 24-hour per day basis throughout the entire term of the Agreement. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work.

9.11 Construction Water – The Contractor is responsible for obtaining all water required for the project and shall work with, and obtain all permits from, the appropriate water purveyor prior to obtaining construction water. If hydrant water is to be used, the Contractor must first obtain a hydrant meter and pay all related expenses. Direct connections to hydrants without a meter are not allowed. If water trucks are used, they shall be installed with backflow prevention devices. The cost of water, including all associated fees, deposits or permits shall be incorporated into the various bid items and no separate payment shall be made. Water purveyors include:

California Water Service Company Mid-Peninsula Water District Bayshore District - Customer Center 3 Dairy Lane
341 North Delaware St. P.O. Box 129
San Mateo, CA 94401-1727 Belmont, CA 94002
M-F: 8 a.m. to 4:30 p.m. M-F: 8 a.m. to 4:30 p.m.

Tel.: (650) 558-7800 Tel.: (650) 591-8941
[email protected] midpeninsulawater.org

9.12 Project Site Maintenance – All work identified in this section shall be considered as part of the contract bid items, and no separate payment will be made thereof. (a) Disposal of Material - Unless otherwise shown on the plans or specified herein, all excess materials and materials removed from existing improvements shall become the property of, and be disposed by the Contractor. The Contractor shall be responsible for all costs associated with disposing all excess materials in a safe and legal manner. No material shall be placed on private or public property without prior approval from the City and the property owner. The Contractor shall not allow any refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed upon paved streets, into manholes or into the City’s storm drain system.

Contractor shall establish a system for daily collection and disposal of waste materials from construction areas and elsewhere on the site. Contractor shall handle waste materials that are hazardous, dangerous, or unsanitary separately from inert waste by containerizing appropriately. Burning or burying of waste materials on site will not be permitted.

All materials removed from the existing improvements, which in the opinion of the Engineer have salvage value, shall be delivered to the City Corporation Yard at 1000 Bransten Road, San Carlos, or at any other site designated by the Engineer within the City and shall be considered as part of the contract bid items, with no separate payment will be made thereof. (b) Cleanup and Dust Control – at all times during construction, including weekends and holidays, and throughout all phases of construction, including work suspensions and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish, debris, and prevent the formation of an airborne dust nuisance.

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Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance.

The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water, those excavated areas of dirt or other materials which are prone to causing dust, within both the project site and the storage or staging area. If required or directed by the Engineer, the Contractor shall provide an approved water truck of large capacity with spraying capability and/or street sweeper.

The Contractor shall be required to apply water for dust control immediately during construction efforts and within one (1) hour after notification by the Engineer that an airborne nuisance exists. If dust control is not adequate, in the opinion of the Engineer, the Engineer will have this work performed by others and will deduct such cost from the total contract price.

All hauling trucks or other construction vehicles leaving the site shall be cleaned of mud or dirt clinging to exterior body surfaces or wheel rims before traveling on City streets outside the work limits. All trucks coming to or leaving the site with materials or loose debris shall be loaded in a manner, which will prevent the dropping of materials or debris on City streets.

Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately.

When construction operations cause dirt to be deposited on public streets, the Contractor shall immediately remove such material. Streets shall be cleaned by street sweeping, rather than flushing, so as to prevent mud from entering the storm drain system.

Excess excavated material shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.

Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
(c) Air Pollution Control - The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
(d) Noise Control - The Contractor shall make every reasonable effort to control noise generated as a result of construction to the satisfaction of the Engineer. Use of an air compressor, jackhammer or other loud, vibrating sound generating device shall be limited to operations between the hours of 8:00 a.m. and 6:00 p.m. Monday thru Friday and between 9:00 a.m. to 5:00 p.m. on Saturday and Sunday, unless otherwise authorized by the Engineer.
(e) Vermin Control - At the time of acceptance, structures entirely constructed under the contract shall be free of rodents, insects, vermin and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the contract work within the contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.
(f) Sanitation - The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances and regulations pertaining to the public health and sanitation of dwellings and camps. (g) Wastewater - Wastewater systems shall not be interrupted. Should the Contractor disrupt existing sewer facilities, the Contractor shall immediately notify the Engineer, and the

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Contractor shall establish a plan, subject to the approval of the City, to convey the sewage in closed conduits and disposed of it back into the sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. (h) Temporary Light, Power and Water - The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water, including piping, wiring, lamps, and other equipment, necessary for the work at Contractor’s expense. The Contractor shall not draw water from any water source, except to extinguish a fire, without first obtaining permission from the appropriate water utility company/agency.
(i) Storm Water Pollution Control – All work shall conform to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No.

CAS000002) ("General Permit"), and the NPDES Municipal Regional Stormwater Permit (MRP) (Order No. R2-2015-0049, NPDES No. CAS612008). The Contractor shall implement all applicable San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) measures and Best Management Practices (BMPs). Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a stop work order.

The Contractor shall submit to the City a Stormwater Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP), prepared in compliance with all NPDES requirements. The SWPPP/WPCP prepared by the Contractor shall address how the Contractor will prevent materials from being rinsed or washed into the storm drain system and specify which BMPs will be implemented for preventing sediment and pollutant discharges into the storm water system. The Contractor shall provide for the construction of facilities which may be required to prevent, control, and abate water pollution.

All construction efforts shall be conducted in a manner which prevents the release of hazardous material or hazardous waste into the soil or groundwater, and minimizes the discharge of pollutants into the storm drain system. No pollutants will be allowed to enter the storm drainage system. The Contractor shall be responsible for containing and removing any waste from the Contractor’s construction operations using the appropriate BMP. The Contractor shall be responsible for cleaning catch basins of solid or liquid waste materials originating from the Contractor’s operation before this material migrates further into the storm drain system. Violation of this provision shall cause the City to issue a stopwork notice and take necessary action to require the Contractor to correct and comply with regulations. All costs related to the stop-work action and corrective work to come into compliance shall be fully borne by the Contractor.

Existing Drainage Conditions - If the work performed interferes with established drainage patterns, ample provisions shall be made by the Contractor to correct the interference. The City may also direct the Contractor to take additional measures to be performed at the Contractor 's expense.

Illicit Discharge - No dumping or discharge of construction materials, debris, and hazardous materials will be permitted into the City's storm drainage system. In the event of any discharge, leakage, spill or emission of hazardous materials, Contractor shall promptly notify the City and shall clean all affected property. The Contractor shall indemnify, hold harmless and defend the City against all liability incurred as a result of any such discharge, leakage, spill or emission, regardless of whether such liability, cost or expense arises during or after the term of the permit.

9.13 Preservation of Property - The Contractor shall be responsible for the protection of public and private property adjacent to the work.

Due care shall be exercised to avoid damage to existing roadway improvements and facilities, adjacent property, roadside trees, lawn and shrubbery not designated for removal, pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground,

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sewer and water laterals, and any other improvements or facilities within or outside the limits of construction.

As ordered and approved by the Engineer, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the Contract Documents.

Existing striping damaged during construction within and adjacent to the project site shall be replaced with thermoplastic. Partially damaged striping (such as what might occur trenching through a pavement legend), shall be replaced in their entirety.

Contractor shall preserve carefully bench marks, reference points, and stakes; in case of willful or careless destruction, will be charged with the resulting expense of replacement and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

Any survey monuments that are damaged or removed as part of the construction shall be replaced by the Contractor and a Record of Survey, as required by State law, shall be filed by a licensed Land Surveyor at the Contractor's expense.

The fact that any such improvement or facility is not shown upon the plans shall not relieve the Contractor of responsibility under this Section. It shall be the Contractor’s responsibility to ascertain the existence of any underground improvements or facilities indicated on the plans, indicated by locating services, or as evidenced by facilities visible in the field.

Contractor shall protect the work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever which is under Contractor’s control, until the completion and acceptance of the work. Neither the City nor any of the City's agents assume any responsibility for collecting indemnity from any person(s) causing damage to the work of the contractor.

9.14 Protection of Buried Utilities – When the Contractor's attention is directed to the existence of pipes, cables, culverts, and other underground structures and improvements which may or may not be shown on the plans, it is the responsibility of the contractor to ascertain the exact location of such underground utilities in advance of any digging operations so that they shall not be disturbed or damaged by the Contractor during the progress of the work. All expenses of whatever nature arising from such disturbance or replacement or repair thereof shall be borne by the contractor.

If the location of pipelines being installed by the contractor under this contract conflicts with the location of existing pipelines, contractor shall so notify the Engineer in writing. The Engineer will ascertain the location of the existing utility in question and may reuire relocatation of the pipeline being installed for the convenience of the Contractor. It shall not be construed that the City or the Engineer is in any way required or obligated to locate or relocate pipelines to locations other than shown on the contract plans. If the Engineer relocates pipelines at the request of the contractor, the contractor shall bear all the expenses incurred in connection therewith.

9.15 Protection of Bridges - Contractor shall be responsible for any damage they may cause to bridges, culverts and road structures. The Contractor shall determine in advance the allowable safe load for each structure and, if necessary, provide special shoring and support at Contractor’s expense.

9.16 Protection of Traffic Signal Facilities - The Contractor shall give at least seventy-two (72) hours advance notice to the Engineer before commencing any street work (such as pavement grinding or trenching) that may potentially damage any traffic signal detection loop wires or any other signal facility.

This requirement is in addition to any Underground Services Alert notifications. The City will then mark the underground traffic signal facilities.

The Contractor shall not proceed with any grinding, trenching or other underground work until it has been verified with the Inspector that signal facilities have been marked.

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In the event that the Contractor's construction activities cause any failure of a traffic facility, it shall be repaired and be made fully operable within 24-hours of the damage occurring. In the event that such repair is not undertaken within this time limit, the City may repair the facility at the Contractor’s expense.

9.17 Restoration of Adjacent and Existing Improvements - Contractor shall do all cutting, fitting, or patching of the work required to make all parts of the work come together properly with existing and adjacent conditions.

Unless otherwise provided, the Contractor shall repair or replace all existing improvements (e.g., curbs, sidewalks, driveways, fences, signs, utilities, street surfaces, structures, etc.) damaged or removed as a result of the Contract operations. Repairs and replacements shall be at least equal to existing improvements, and shall match in terms of condition, finish and dimension to the satisfaction of the Engineer.

All Underground Services Alert (USA) markings, including the initial markings made by the Contractor and those markings placed by others in responseshall be removed at the Contractor’s expense when they are no longer required. Acceptable means of removal include sand blasting, high pressure washing, or other means approved by the Engineer.

All traffic signs and street signs within the limit of work necessarily removed during the various phases of operations shall be temporarily reset by the Contractor at or near the original location upon completion of each phase of construction operations. Prior to removal of all traffic control signs, the Contractor shall submit photographs of the site which show the existing location of these signs so that upon completion the photographs will aid in resetting the signs at or near their original location. Traffic control signs and street signs will be replaced upon completion of the work and the cost of removal and replacement shall be considered as part of the contract bid items, and no separate payment will be made thereof.

Rural type mail boxes shall be maintained by the Contractor in a manner satisfactory to the property owner and postal service, and the Contractor shall relocate the same as soon as possible to a permanent location in accordance with postal regulations and in a location acceptable to the property owner.

Any object to be removed and reused at other locations shall be removed with due care and delivered or stored at the project’s construction storage area, or if approved by the Engineer, at any other site designated by the Engineer within the City. Such objects may consist of street light poles, signal mast arms and other objects directed by the Engineer. Items not approved by the Engineer for reuse purposes, and without salvage value, shall become the property of the Contractor, to be disposed of at Contractor expense, in an acceptable manner.

9.18 Archeological Remains - If human and/or archeological remains are uncovered during excavation. All earthwork within one-hundred (100) feet of these materials will be stopped until a Coroner and/or professional archeologist (SCA) and/or the Society of Professional Archeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures.

9.19 Access to Private Property - The Contractor shall schedule and perform operations so as to minimize disruption of access to private property. Prior to blocking access to any private driveway or parking lot entrance, the Contractor shall notify the residents, business owners or tenants of pending closure and allow residents to remove vehicles. During non-working hours no driveway, house or parking lot shall be denied access to a public roadway.

The Contractor shall coordinate with the adjacent property owners and businesses and maintain vehicle and pedestrian access to their properties at all times. Temporary access ramps, fencing, or other measures shall be provided as needed.

9.20 Traffic Control and Public Convenience – The Contractor shall provide for safe movement of all vehicular, bicycle and pedestrian traffic through and around the construction operations with as little inconvenience and delay as possible. The Contractor shall have no amount of work under construction other than what he can properly prosecute with due regard to the rights and convenience of the public.

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Proper conveyance of vehicular traffic and pedestrians through the work area depends upon navigating under unexpected situations. The means of clarifying such conditions to the public include the Contractor’s use of signs, flagmen, pavement markings, barricades, lights, cones and delineators. No one standard sequence of signs or control devices will suit all conditions which may result from construction operations. Even for the same work, the conditions may vary from hour to hour, requiring adjustment and revisions of the traffic control in effect. The traffic control requirements specified herein are therefore intended to establish general principles to be observed in the control and regulation of traffic through and around the construction operations anticipated for this project. The requirements set forth in this Section represent the minimum traffic control requirements imposed and the Contractor shall be solely responsible for providing the full extent of traffic control measures that are necessary. Only individuals trained in the principles of implementing traffic control and/or traffic control flagging shall be assigned that responsibility at the work site.
(a) Traffic Control Plan – The Contractor shall submit a Traffic Control Plan to clearly describe proposed traffic control measures. The plan shall be generally in accordance with the illustrations included in the “California Manual of Uniform Traffic Control Devices” and the “Work Area Traffic Control Handbook”, (Building News Incorporated P.O. Box 3031, Terminal Annex, Los Angeles, CA 90051). The submittal shall consist of scaled drawings for each situation anticipated to be encountered, i.e., intersections, mid-block (each during working and non-working hours), etc. The drawings shall show signs, traffic control devices and flagmen as required.

The Traffic Control Plan shall be directed equally to the regulation and protection of nonvehicular traffic including pedestrians, bicyclists, joggers, skaters, skateboarders, etc. The Contractor shall provide for the protection and separation of non-vehicular traffic from construction operations at all times. No work involving the implementation of traffic control shall begin until the Engineer has reviewed and has no exception to the traffic control plans.

The Contractor may implement a revised Traffic Control Plan only with subsequent review with no exceptions by the Engineer.
(b) Traffic Control Devices - Traffic control devices shall be provided in sufficient quantities and types as required to provide safe and adequate traffic control. During hours of darkness, approved lights and/or flares shall be included, in proper working order, to illuminate signs and hazards and alert approaching traffic. Barricades shall be furnished and maintained along all open trenches in contact with traffic. No work may begin on any day or at any time before traffic control devices have been placed, test driven and, if required, adjusted and revised. All traffic control devices shall be placed in accordance with the Manual of Uniform Traffic Control Devices and the Contractor’s favorably reviewed traffic control plans. Locations of devices shall be adjusted to suit the conditions and circumstances of each detour situation. In all cases, signs shall be placed to most effectively convey their messages to approaching traffic.

The Contractor shall maintain all traffic control devices, at proper locations and in proper working order, at all times during construction operations and whenever a hazard resulting from Contractor’s operations exists. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction operations.

Traffic control devices shall remain in place at all times, as required to alert approaching traffic of upcoming hazards. After hazards have been removed, all traffic control devices shall be removed. Temporary signs shall be removed or their messages covered.

Daily traffic control measures shall continue until cleanup activities have been satisfactorily completed and all of the Contractor’s equipment has been removed from the traveled way. (c) Traffic Control Detours - The Contractor shall direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the traffic control plans specified in the Contract Documents or in accordance with the Contractor’s favorably reviewed traffic control plans.

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1. Field Review of Detours - Immediately after traffic control devices have been placed, the detour shall be test driven by the Engineer or Inspector and the Contractor’s Superintendent. The test drive shall include approaches to the detour from each possible direction, and traverse the full length of each detour route. The Contractor shall adjust and revise all traffic control devices as determined to be required by the test drive and the test drive shall be repeated, if determined necessary by the Engineer or Inspector. The Contractor shall provide additional traffic control devices as required to maintain the flow of traffic throughout construction operation.

2. Diverting Bicycle and Pedestrian Traffic – Whenever construction operations obstruct the flow of bicycle and pedestrian traffic or present a hazard to bicycles and pedestrians, the Contractor shall take appropriate action to protect and separate bicycles and pedestrians from the work area. Such action may include placement of barricades between bicycles and pedestrians and the work areas, placement of warning signs, and provisions utilizing personnel as required to protect and maintain access for bicycles and pedestrians as conditions warrant.

3. Diverting Vehicular Traffic - Whenever construction operations obstruct the flow of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles.

4. Flagmen - The Contractor shall employ flagmen as required for each specific detour and at all locations where barricades and warning signs cannot control the movement of traffic. A warning sign shall be placed ahead of the flagman reading:
“Flagman Ahead.” The distance between the sign and the flagman should be based on the average traffic speed, allowing approximately fifty (50) feet for each ten (10) miles per hour. During hours of darkness, flagman stations shall be illuminated such that the flagman will be clearly visible to approaching traffic.

Lights for illuminating the flagman station shall receive favorable review by the Engineer. The flagman shall wear a red or orange warning garment when flagging.

Flagmen shall be provided with approved red flags or STOP/SLOW hand paddles, and two-way radios for communication. When flagging during hours of darkness, the flagman shall signal with a red light or flare and shall have a belt and suspender harness outside any garments fitted with reflectors or made from reflectorized cloth, unless the garment is well reflectorized in one of these ways.

5. Notice to Agencies - The Contractor shall notify the Engineer and all agencies having jurisdiction over the work, in writing, at least ninety-six (96) hours, excluding holidays and weekends, prior to instituting any lane closure or detour. At the end of each workday, the Contractor shall inform the Engineer, Police Department and Fire Departments of the status of all detours, lane restrictions, or road closures.

The Contractor shall cooperate and coordinate with the various parties involved in the collection and removal of trash and garbage, the transit providers, the U.S.

Postal Service, and others, as necessary, in order to maintain existing schedules and services.

6. Emergency Vehicle Access Through Detours - During all detours and/or street closures the Contractor shall provide for the movement of emergency vehicles through the work area. It is essential that the Contractor’s work and equipment does not impede emergency access.

7. Night Detours - The Contractor shall not be permitted to maintain any lane closure or road closure during non-working hours without first obtaining written approval from the Engineer. During non-working hours the Contractor shall restore travel lanes to their original alignment and configuration by means of placing temporary asphalt pavement or bridging with steel plates. The Contractor shall place “ROUGH ROAD” signs conforming to the Manual of Uniform Traffic Control

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Devices at uneven temporary pavement or bridging locations. See General Provisions, Section 9.18 (b), “Trench Safety Requirements”.

8. Temporary Traffic Lanes – Temporary traffic lanes shall be at least ten (10) feet wide, or eleven (11) feet wide around curves. Provide an additional two (2) feet of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic. (d) Parking Restrictions - The Contractor shall post approved “No Parking” signs at all locations necessary to establish work areas and detour traffic. Signs shall read: “NO PARKING - CONSTRUCTION TOW-AWAY ZONE,” show the actual day and hours of parking restriction and indicate the telephone number of the City’s Police Department or agency having jurisdiction. Signs shall be placed at least forty-eight (48) hours in advance of the restriction. The Engineer shall approve the location and duration of no parking limits and verify their placement. The duration of no parking limits should not exceed two (2) weeks, unless otherwise approved. “No Parking” signs shall be removed when no work is under construction and must be reposted forty-eight (48) hours before the resumption of construction activities.

For any violation of “No Parking” signs by motorists, the Contractor shall contact and coordinate directly with the City’s Police Department for removal of vehicles in accordance with the California Vehicle Code. The Contractor shall also coordinate with the Police Department directly for enforcement and towing of parked vehicles.

9.21 Safety - The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the work. The Contractor’s responsibilities shall specifically provide for the safety of persons involved in the project, other persons who are affected by the performance of the work, the work in place, materials and equipment to be incorporated in the work, the project site, and adjoining property.

The services of the City in conducting inspection or construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing, shoring or scaffolding, or safety measures, in, on, or near the construction site.

Safety vests and personal protection equipment shall be worn by the Contractor, all subcontractors and other personnel when working or present on the site. Hard hats shall be worn when working around earthmoving or any heavy construction equipment or during any overhead construction work.

Payment for performing all work necessary to provide safety measures shall be included in the bid items for which safety measures are required and no additional compensation will be made. (a) Safety Orders – The Contractor shall have at the work site, copies or suitable extracts of:

Construction Safety Orders, Tunnel Safety Orders, and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. (b) Trench Safety Requirement - As required by California Labor Code, Section 6705 and in addition thereto, for any excavation of any trench or trenches five (5’) feet or more in depth, the Contractor shall submit to the Engineer for review, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.

The maximum length of open trench shall be three-hundred (300) feet or the distance that pipe can be installed in a single day as determined by the Engineer. Trenches shall be

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backfilled and covered with two (2) inches of cutback (in paved areas) or bridged with tackwelded steel plates at the end of each workday. Cutback shall be placed around plate edges to provide a smooth transition and to secure against displacement.

As soon as possible under the provisions of these specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements that existed prior to the start of construction.
(c) Confined Space Entry Program (CSEP) - Entry into permit-required confined spaces as defined in Section 5157, Title 8, California Code of Regulations (CCR) may be required as a part of the work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall be responsible for implementing, administering, and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157, 5158, Title 8, CCR and shall implement such a program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by the Contractor and City personnel at the work site.

Prior to starting work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:

1. Training of personnel

2. Purging and cleaning the space of materials and residue

3. Potential isolation and control of energy and material inflow

4. Controlled access to the space

5. Atmospheric testing of the space

6. Ventilation of the space

7. Special hazards consideration

8. Personal protective equipment

9. Rescue plan provisions
The Contractor’s CSEP submittal shall also include the names of the Contractor’s and Subcontractor’s personnel assigned to the project who will have CSEP responsibilities, their CSEP training, their specific assignment and their responsibilities in carrying out the CSEP.

Payment for implementing, administering, and providing all equipment and personnel associated with the CSEP shall be included in the bid items for which the CSEP is required and no additional compensation will be made.
(d) Hazardous Conditions: Contractor’s Responsibility for Precautions - Contractor agrees that if, during the progress of the work, a hazardous condition is identified which involves a risk of bodily harm to any person or a risk of damage to any property, the Contractor will take such special precautions as shall be necessary to make the progress of the work safe under such condition. Conditions may result from, but are not limited to, the use of specified materials or equipment, the location of the work, the condition of the site, the kind or method of construction, or the manner in which any of the work is required to be done.

The Contractor agrees to assume the sole responsibility for determining whether any such hazardous condition exists or will be created during the course of the work. (e) Use of Explosives – Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. No explosive material shall be

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transported to, stored or utilized on the site without written permission of Engineer. All blasting work and handling of explosives on the site shall be done only by qualified persons who possess a valid permit. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. (f) Special Hazardous Substances and Process – Materials that contain hazardous substances or mixtures may be required on the work. A Material Safety Data Sheet as described in California Code of Regulations, Section 5194 shall be requested by the Contractor from the manufacturer of any hazardous products used and submitted to the Engineer.

Hazardous material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label.

The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions.

9.22 Patent Fees or Royalties - All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the contractor and the Contractor’s sureties shall protect and hold the City, together with all the City's officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent and, before the final payment is made on account of this contract, contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or claims.

Should the contractor, his agents, servants or employees, or any of them, be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the contractor shall promptly substitute other articles, materials or appliances, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineers elects in lieu of such substitution to have supplies and to retain and use any such invention, article, material or appliance as may be required by the contract to be supplied – in that event, the contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, the City's officers, agents, servants and employees, or any of them to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then, in that event, the Engineer shall have the right to make such substitution or the City may pay such royalties and secure such licenses and charge the cost thereof against any monies due the contractor from the City or recover the amount thereof from the Contractor and any sureties notwithstanding final payment under this contract may have been made.

9.23 Advertising - The names of the Contractor or Subcontractors, with their addresses and the designation of their particular specialties, may be displayed at the job site on removable signs only if written approval is received from the Engineer. Commercial advertising material shall not be attached to, or painted on the surfaces of, any buildings, fences, canopies, or barricades.

9.24 Antitrust Claims – Attention is directed to Public Contract Code, Section 7103.5 which provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.”

9.25 Audit and Examination of Records – The City and entities and agencies designated by the City, shall have access to, and the right to audit and examine at no additional cost, all of the Contractor’s

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project related data including but not limited to, books, estimates, records, contracts, bid cost data, Subcontractor and supplier job cost data, change orders, correspondence, instructions, drawings, receipts, vouchers, purchase orders, notes, computations, daily logs, and memoranda relating to the work. Pursuant to Government Code, Section 8546.7, the Contractor shall preserve all such records and will be subject to examination and audit by the State Auditor, at the request of the City, for a period of three (3) years after final payment under the Agreement.

9.26 Notice of Entrance - Before entering any private property the contractor shall give the owner, tenant and inspector a minimum of forty-eight (48) hours written notice.

9.27 Additional and Emergency Protection - Wherever, in the opinion of the Engineer, the contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and whenever, in the opinion of the Engineer, an emergency shall arise and immediate actions shall be considered necessary in order to protect personal and property interest, whether public or private, then and in that event, the Engineer, with or without notice to the contractor, may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.

The cost and expense of such work and material so furnished shall be borne by the contractor and if the same shall not be paid on presentation of the bills therefore, then such costs shall be deducted from any amounts due or to become due the contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the contractor from any damages which may occur during or after precaution has been taken by the Engineer.

9.28 Placing Portions of Work in Service - Portions of the work may be placed in service as completed if desired by the City. Contractor shall give proper access to the work for this purpose. Such use and operation shall not constitute an acceptance of the work and the work, and the contractor shall be liable for defects due to faulty construction until the entire work under the contract is finally accepted.

9.29 Rights-of-Way - The City will provide all rights-of-way and easements in or beneath which pipes and other structures will be constructed by the Contractor under this contract. If through the failure of the City to acquire or clear title to rights-of-way, the Contractor sustains loss which could not have been avoided by the judicious handling of forces and plant, there shall be paid to the contractor such amount as the Engineer may find to be a fair and reasonable compensation for such part of the Contractor's actual loss as the Engineer deems unavoidable. Actual loss shall be understood to include no items other than necessary payments, idle time of men, idle time of equipment, cost of extra moving of equipment, and cost of longer hauls, with no allowance in any case for overhead or profit. If performance of the Contractor's work is delayed as a result of the failure of the City to acquire or clear title to rights-of-way, a commensurate extension of time will be granted.

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SECTION 10 - MEASUREMENT AND PAYMENT

10.01 Measurement of Quantities for Unit Price Work - Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections of the Contract Documents involved. Unless specifically stated otherwise in this contract, no extra measurement(s) according to local custom of any kind shall be allowed in measuring the work under this contract; only the length, area, solid contents, number, weight, or time in standard units, as the case may be, shall be considered as specified.

Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in the horizontal planes. Stationing shall be along the street centerline, lengths of sanitary sewers, storm drains and water lines shall be measured as the horizontal distances from center to center of structures, rounded to the nearest foot, and lengths of all return radii and curb data shall be measured along the face of curb. Volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimensions. Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is two-thousand (2,000) pounds avoirdupois. The unit of liquid measure is the U.S. gallon.

When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system.

The Contractor shall submit to the Engineer with duplicate licensed Weighmaster’s certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.

10.02 Bid Items - Should any bid item be eliminated in its entirety, payment will be made to the Contractor for actual costs incurred, in connection with such eliminated contract work, and for costs incurred prior to the date of the Engineer’s written notification eliminating such work. The actual costs to be paid to the Contractor shall be computed in the same manner as if the work were to be paid on a force account basis. No compensation will be made to the Contractor, in any case, for loss of anticipated profits.

Increased or decreased scope involving a change order will be paid as stipulated in the change order.

The estimated value of work performed, for lump sum bids or lump sum bid items will be determined from the schedule of values, to be prepared by the Contractor and presented at the preconstruction meeting. Elements of work on the schedule of values shall be separated into groupings appropriate for the project. The Technical Specifications may be used as a guide for establishing these groupings. Move-in costs, bond and insurance costs, and submittal preparation costs can be included in the schedule of values under a separate mobilization line item. This line item shall not exceed five-percent (5%) of the contract’s value. Overhead and profit shall not be allowed as a line item, but shall be prorated over other items of work.

10.03 Bid Quantities - The quantities listed in the Bid Schedule for each bid item do not govern final payment. Payments to the Contractor will be made only for the actual quantities of contract items constructed in accordance with the plans and specifications. If upon completion of the construction, the actual quantities show either an increase or decrease from the quantities given in the bid schedule, the contract unit prices will still prevail.

Payment will not be made for materials wasted or disposed of in a manner not called for under the contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the plan lines. Unless otherwise provided, no payment will be made for materials delivered to the site but not incorporated in the work. Such quantities will not be included in the final pay quantities. No compensation will be allowed for the disposal of rejected or excess material.

When the estimated quantity for a specific portion of work is designated on the Bid Schedule as a “Final Pay Quantity”, the estimated quantity specified shall be the final quantity for which payment for such specified portion of the work will be made, regardless of the actual quantity constructed, unless the

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dimensions of said portions of the work shown on the plans are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantity of such work, the final quantity for payment will be revised by the amount represented by the change. The estimated quantity for any portion of the work designated as a Final Pay Quantity shall be considered as approximate only and no guarantee is made that the quantity, which can be determined by computations, based upon the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantities based upon computations do not equal the estimated quantities. Final pay quantities will be designated on the Bid Schedule with the letter (F) and shall only apply to the corresponding portions of work specifically designated on the plans. Any portion of work not designated as a final pay quantity will be measured and paid for as specified under other provisions of the Contract Documents.

10.04 Progress Payments – On or about the 25th day of each month may be designated as the date which would terminate each working month for the purpose of making progress payments.

The Contractor's request for a progress payment shall be submitted under cover of the Request for Progress Payment form approved by the Engineer. The Request for Progress Payment form shall be complete and properly executed by the contractor, and have, as attachments, the items listed on the form.

The Contractor shall, on the date established, prepare and submit a progress estimate to the City for work accomplished during the previous working month, based on the various contract bid items and the unit bid prices. Invoices shall include amounts previously paid, itemized retention and any deductions or additions authorized by change order. Consultation with the Engineer may be necessary to determine the amount of work accomplished.

The first progress payment will not be made until the following submittals have been provided and accepted: list and schedule of submittals, Baseline Construction Schedule, schedule of values (if applicable), SWPPP. Subsequent progress payment requests will not be accepted unless accompanied by the progress payment cover letter, an updated baseline or revised schedule, a certification that the record drawings have been updated as of the date of the invoice.

Upon receipt of a progress payment request, the City shall, within ten (10) working days, determine if the request is proper, and if disputed the City will return the progress payment to the Contractor along with a written document setting forth the progress payment request’s shortcomings. Following receipt of an undisputed and properly submitted progress payment request, the City shall authorize payment within thirty (30) calendar days.

Contractor may request partial payment for materials delivered to the site but not yet incorporated into the work (materials on hand). To receive consideration for payment of materials on hand, the Contractor shall provide the Engineer with a list of such materials at least five (5) working days prior to submitting the monthly estimate of amount earned for work completed. At the Engineer’s sole discretion, up to seventy-five-percent (75%) of the estimated value of materials on hand may be considered for payment, subject to the following:
(a) Only materials which have received favorable review of shop drawings will qualify. (b) Eligible materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Engineer, at the job site or at a bonded warehouse. (c) The Contractor's actual net cost for the materials must be supported by paid invoices to suppliers or other documentation requested by the Engineer. (d) Materials delivered to the site less than thirty (30) days prior to their scheduled incorporation in the work shall not qualify.
(e) Partial payments for materials on hand shall not be deemed to be final payment for the material nor relieve the Contractor of any obligations under the Contract. (f) Partial payments for materials on hand shall be subject to retention.

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From each progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder of the amount due, less the amount of all previous payment will be paid to the Contractor provided all work invoiced has been completed and approved by the Engineer.

The Engineer may withhold or nullify, the whole or any part of any payment to such extent as may be necessary to protect the City from loss on account of any of the following:
(a) Defective or vandalized work not remedied,
(b) Damage to the City or another Contractor,
(c) Claims filed, or reasonable evidence indicating probable filing of claims, (d) Stop notices, or failure of the Contractor to make payments properly to subcontractors or laborers or suppliers, in which case 125% of the stop notice amount shall be withheld until a release form is received,
(e) A reasonable doubt that the contract can be completed for the balance unpaid, (f) Reasonable evidence that the work will not be completed within the contract time and that the unpaid balance of the contract sum would not be adequate to cover the City’s liquidated damages assessed in accordance with the Agreement for the anticipated delay, (g) Failure of Contractor to maintain, update and submit record documents, schedules or other submittals as required by the Contract Documents,
(h) Performance of work by Contractor without properly processed shop drawings; (i) Any other failure of Contractor to perform its obligations under the Contract Documents.

The Contractor may elect to receive one hundred percent (100%) of payments due under the contract from time to time, without retention of any portion of the payment by the City, by depositing and maintaining securities of a value equivalent to the retention amount with the City in accordance with the provisions of Public Contract Code, Section 22300. Such securities, if deposited by the Contractor, shall be valued by the City’s Administrative Services Director, whose decision on valuation of the securities shall be final.

Contractor warrants that, upon submittal of an application for payment, all work for which payment has been previously issued by the City and received by the Contractor, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to work.

The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments and shall not constitute acceptance of defective work.

10.05 Retentions - The City shall retain five percent (5%) of the amount of each progress estimate, and the accumulation of said amounts so retained from the progressive payments to the extent unencumbered will be paid to the contractor in no less than thirty-five (35) days after the completion and acceptance by the Engineer and the City of the work done.

Upon contractor's request, City will make payment of funds withheld from progress payments pursuant to the requirements of Code Section 14402 if contractor deposits in escrow with the City, or with a bank acceptable to the City, securities eligible for the investment of State funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following conditions:
(a) Contractor shall bear the expense of the City and the escrow agent in connection with the escrow deposit made.

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(b) Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the contractor pursuant to this section. (c) Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall include provisions governing inter alia:

1. Amount of securities to be deposited.

1. Providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited.

2. Conversion to cash to provide funds to meet defaults to termination of the contractor's control over the work, stop notices filed pursuant to the law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract.

3. Decrease in value of securities or deposit.

4. Termination of the escrow upon completion of the contract. (d) Contractor shall obtain the written consent of the surety to such agreement.

10.06 Final Payment - The City shall, prior to final acceptance, provide the Contractor with a copy of the final quantities for the various contract bid items and a summary of contract change orders for review.

All prior payments shall be subject to correction in determining the total contract sum. The Contractor shall reply promptly in writing, to indicate either concurrence or an explanation of possible discrepancies in the total contract sum.

The project will not be submitted to the City Council for acceptance until the Engineer and the Contractor concur with the totals of all quantities, costs, contract change orders and the total contract sum.

Following concurrence, a semi-final payment will be made to the Contractor after deducting all previous payments and all amounts to be retained under the provisions of the contract. The retention payment shall be due and payable as a final payment after the expiration of thirty-five (35) days following the date of final acceptance of the work by the City Council.

If within the time fixed by law, a properly executed notice to stop payment is filed with the City, due to Contractor’s failure to pay for labor or materials used in the work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws.

If releases are required, the Contractor shall pay or cause to be paid to Subcontractors the amount stated in the conditional releases within five (5) days after receipt of the semi-final payment, and shall promptly thereafter furnish evidence of such payment to the City.

The securities deposited by the Contractor will be released, providing that the following requirements of the contract have been fulfilled:
(a) Satisfactory completion of all construction work and written acceptance of said work by the City;
(b) The submission by the Contractor to the Engineer of all required stop notice releases, submittals, written guarantees, warranties, operating manuals, and other project related documentation;
(c) The return to the Engineer of all drawings and written specifications loaned to the Contractor during the construction period.
(d) The submission by the Contractor to the Engineer of record documents and a set of redlined drawings showing the revisions to the original set of drawings which reflect the actual construction of the project for preparation of “Record Drawings”.

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The Contractor agrees that the payment of the final amount due under the contract shall release the City of San Carlos from any and all claims or liability on account of all work performed under the contract, except those items previously made in writing and identified by the Contractor as unsettled. Release of the final payment by the City shall not be construed as an acceptance of any defective work or acceptance of improper materials.

10.07 Acceptance - Contractor shall notify Engineer in writing of the completion of the work, whereupon the Engineer shall promptly satisfy them self by personal inspection as to the actual completion of the work in accordance with the terms of the contract. After receiving a written recommendation from the Engineer for acceptance of the work, City shall accept or reject the work; stating, if the work is rejected, the requisite conditions for acceptance. When the City accepts the work, they shall file a Notice of Completion with the County Recorder in the county where the work is located and shall promptly notify the contractor in writing of the recordation. Contractor warrants and guarantees that title to all work, materials and equipment accepted by the City will pass to the City free and clear of all liens, claims, security interests or encumbrances, and that no work, materials or equipment accepted will have been acquired by the contractor, or by any other person performing the work at the site or furnishing materials or equipment for the project, subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller or otherwise imposed by contractor of such other person.

10.08 Compensation for Extra or Omitted Work – Compensation for extra or omitted work shall be in accordance with Section 5.08, Change Orders.

10.09 Compensation to City for Extension of Time - In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right, as provided hereinabove, to extend the time of completion thereof. If the time limit so be extended, the City shall have the right to charge to the contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration, legal and other overhead expenses which are directly chargeable to the extension of time. The cost of final surveys and preparation of the final estimate shall not be included in such charges.

10.10 Claims - The term “Claim” shall mean a written demand or assertion by the Contractor seeking, as a matter of asserted right, adjustment in the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, or determination of other disputes or matters in question between the City and Contractor arising out of or related to the Contract Documents or the performance of the work, including claims alleging an error or omission.

A claim must be stated with specificity, including identification of the event giving rise to claim, the date of the event, and the asserted effect on contract sum and contract time. The claim shall include adequate supporting data. Adequate supporting data for a claim for an adjustment of the contract time shall include scheduling data demonstrating the impact of the event on the completion of the work.

Adequate supporting data for a claim for an adjustment of the contract sum shall include a detailed cost breakdown of the items allowed, isolating labor, material, and equipment costs, and providing detailed quantities and unit prices for changed work. If the exact amount of a claim is not ascertainable at the time such claim is made, the supporting data currently available shall be submitted. Supplemental data supporting the exact amount of the claim shall be submitted as soon as available.

Notwithstanding the making of any claim or the existence of any dispute regarding any claim, unless otherwise directed by the Engineer, the Contractor shall not cause any delay, cessation, or termination in the performance of the work, including portions of the work pertaining to a claim.

10.11 Time Limit on Claims - Contractor shall submit any and all claims, together with adequate supporting data to the Engineer as soon as possible but not later than ten (10) working days after occurrence of the event giving rise to the claim, or the date the Contractor first recognized, or reasonably should have recognized, the condition giving rise to the claim, whichever is earlier. Contractor hereby expressly waives all claims not made within this time limit.

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Contractor is expressly barred from asserting any claims of which the Contractor was aware, whether or not the exact amount of such claims was ascertainable, that is not submitted to the Engineer prior to the Contractor proceeding with the work.

10.12 City Response to Claims - The Engineer shall promptly review claims. If additional supporting data is deemed necessary, the Engineer shall request such additional data within ten (10) working days after receipt of the claim. The Contractor shall furnish such additional data no later than ten (10) working days after receipt of the City’s request. The Engineer shall render a decision promptly, but in any event, within thirty (30) working days after the receipt of the claim or the receipt of additional supporting data. If the amount of the claim is in excess of $50,000, the aforesaid thirty (30) working day period shall be sixty (60) working days. Failure of the Engineer to render a decision within the aforesaid thirty (30) or sixty (60) working day period shall be deemed a decision denying the claim and the last day of such period shall be the date of such decision. The decision of the Engineer shall be final and binding unless appealed in accordance with the General Provisions, Section 10.15, “Appeal of the Engineer’s Decision”.

10.13 Appeal of Engineer’s Decision - If Contractor disputes the Engineer’s decision of a claim, the Contractor shall, within thirty (30) calendar days of the decision, make a written appeal of the decision to the Engineer. The written appeal shall include all supporting data upon which the Contractor requests the City to modify its decision, including all documentation transmitted between the Contractor and the Engineer on the underlying claim. The Engineer shall make a good faith effort to resolve the claim prior to final completion of the Project. In the event the claim is not resolved prior to final completion, the Contractor’s claim shall be heard by the Director of Public Works prior to recommending final acceptance to the City Council. The Contractor’s administrative remedies under the Contract Documents shall be exhausted after the decision of the Director of Public Works is rendered. In case of disagreement with the decision of the Director of Public Works, the Contractor may pursue the resolution of the dispute by presenting a formal claim to the City.

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SECTION 11 - GUARANTY

11.01 Contractor’s Guaranty - Prior to final acceptance, the Contractor shall warrant and guaranty to the City that all work is in accordance with the Contract Documents and is not defective.

The guaranty shall be accompanied by a warranty bond for ten percent (10%) of the final contract sum, which shall warrant the quality of the work for a period of two (2) years after acceptance. The guaranty and warranty bond shall be in accordance with the Agreement Forms furnished in the Contract Documents.

11.02 Correction of Defective Work During the Guaranty Period - If within two (2) years after the date of City Council acceptance, or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guaranty required by the Contract Documents, any work is found to be defective, the Contractor shall promptly without cost to the City and in accordance with the City’s written instructions, either correct such defective work or if it has been rejected by the City, remove it from the site and replace it with non-defective work.

If the Contractor does not promptly comply with the terms of such instructions within ten (10) working days after written demand by the City, the City may have the defective work corrected. The City may also correct defective work immediately in cases of emergency where delay would cause serious risk of loss or damage. All direct, indirect and consequential costs of correcting defective work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be absorbed by the Contractor.

The Contractor shall remove from the Project site portions of the work and materials which are not in accordance with the Contract Documents and which are neither corrected by the Contractor nor accepted by the City. If Contractor fails to pay the costs of such removal within ten (10) working days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. The Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which the Contractor is liable to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.

The City shall have the option, at its sole discretion and by notice to the Contractor, to accept defective work as defined in Section 4.18 – “Acceptance of Defective Work. “

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SPECIAL PROVISIONS

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SPECIAL PROVISIONS
These Special Provisions contain project specific requirements pertaining to the work, and as such, shall take precedence over the General Conditions portions of these Specifications. All costs associated with satisfying the requirements in these Special Provisions shall be included in the Contractor’s bid price and no additional compensation shall be made.

1. DESCRIPTION OF WORK
In general, the Contractor shall furnish all labor, materials, equipment and services necessary to complete the project as further described in the “Instructions to Bidders” of these Specifications.

2. LOCATION
Work to be done under this contract is at:

Aberdeen Dr, Melendy Dr, Heather Dr, Bauer Ct, Bauer Dr, Rockridge Rd, Lupin Way, Tamarack Ave, Alameda De Las Pulgas, Cordilleras Ave, Belle Ave, Arroyo Ave, Birch Ave, Knoll Dr, Orange Ave, Brittan Ave, Graceland Ave, Burnham Ct, Rosewood Ave, Exeter Ave, as shown on the project plans.

3. SEQUENCING AND ORDER OF WORK
The following sequencing constraints are required on the project, shall be incorporated into the Contractor’s master schedule, and shall be reflected in the order of work.

Contractor shall conduct a pre-construction field visit to private property at the following locations: House Numbers 911 and 919 on sheet C-15, House Numbers 935, 941, 947, 953, 959, 1010 on Sheet C-16, House Number 800 on Sheet C-18, Brittan Acres School on Sheet C-20, House numbers 2087, 2079, 919, 929 on Sheet C-22, House Numbers 2047, 922 on Sheet C-23, House Numbers 955, 959, 2047, 2031 on Sheet C-24, House Numbers 2031, 2023, 970 on Sheet C-25, House Numbers 2087, 2079, 2063 on Sheet C-26, House Number 2055, 2047 on Sheet C-27, and House Numbers 1380, 1385, 1383 on Sheet C-35, along with the City Engineer. This visit is to review existing private property improvements before mobilizing for the point repair.

Contractor shall perform pre-construction field visit to private property at House Number 2, as indicated on sheet C-34 to verify the invert of the existing sewer at the cleanout and confirm the feasibility of pipe reaming. Materials for this segment shall not be ordered or purchased until City has provided review the inverts data and written confirmation of construction method.

All underground utility construction and concrete flatwork shall be completed prior to final paving.

Contractor shall fully complete all work, including final paving and street sweeping, before moving onto another project site.

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4. PROJECT INFORMATION SIGN
The Contractor shall provide signs for the residential work areas. Residential work area project signs may be mounted on Type II barricade on residential neighborhoods. The signs shall be as shown in Appendix C.

The Contractor shall provide a total of 4 signs (one on each end of the work limits and two between the work limits) for this project.

5. PORTABLE CHANGEABLE MESSAGE SIGN (PCMS)
Portable Changeable Messages Signs (PCMS) shall be placed a minimum four (4) weeks prior to the start of construction at a minimum of 100 feet from the project limits along Alameda de las Pulgas, Greenwood Ave, Howard Ave, Orange Ave, Elm St, Walnut St, Pearl Ave, Chesnut St, and Eaton Ave. PCMS signs shall display “EXPECT DELAYS <<DATE>> TO <<DATE>> BETWEEN 8AM AND 5PM”.

6. DAYS & HOURS OF OPERATION
The Contractor shall restrict construction activities to the following hours:

Schedule of Working Hours within Public Right of Way
Construction Location Working Days Working Hours
Residential & Local Monday through Friday 8:00 a.m. to 4:00 p.m.

Arterial & Collector Monday through Friday 9:00 a.m. to 3:00 p.m.

No work shall be performed on Saturdays, Sundays, or designated legal holidays unless otherwise designated below.

Exceptions may be made, at the Engineer’s discretion, to allow work at other times and on other days if required for the Contractor’s operations. In such cases, the Contractor shall have an alternate work schedule reviewed and authorized by the Engineer prior to commencement of work.

Activities outside of those hours shall not generate objectionable noise, dust, or inconvenience to the public. Regular working days are from Monday through Friday except City legal holidays unless exception is granted by the City Engineer.

Streets adjacent to work areas that provide access to schools shall not be started before 9:00 a.m. and be completed at 3:00 p.m.

7. NOISE CONTROL
Noise levels shall conform to the noise ordinance requirements of the governing jurisdiction. The Contractor shall make every reasonable effort to control noise generated by construction to the satisfaction of the Engineer.

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The Contractor shall submit documentation showing that the construction equipment is equipped with the manufacturer’s standard noise control equipment, or with an equally effective replacement that meets the manufacturer’s specifications.

Construction equipment and vehicles that require back-up alarms will be equipped with ambient-sensitive backup alarms. The use of jake brakes is prohibited and gasolinepowered construction equipment must be equipped with an operating muffler or baffle system.

8. PROTECTION OF TREES
The Contractor shall protect all existing trees at their drip lines, as shown on the Contract Documents. Temporary chain-link fencing or plastic construction fence are acceptable as protective barriers for tree protection purposes. Fencing shall be a minimum of five (5) feet high. Tree protection shall remain in place until all construction is complete. The City reserves the right to issue a stop-work notice if the tree protection devices are not installed or if the devices are not maintained.

No excavations within the tree protection area are allowed unless approved by the City and under the supervision of a licensed arborist. Any filling within the tree protection area shall be done in accordance with a detailed improvement plan approved by the City. No trimming, cutting, or pruning of designated trees or roots can occur without approval by the City and supervision of a licensed arborist.

No storage of materials, disposal of paints, solvents or other noxious materials, operation of equipment, parked cars, unnecessary trenching, grading or compaction shall be allowed within the drip line of any trees.

9. TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Time of Completion and Liquidated Damages shall be as described in the Instructions to Bidders.

10. LICENSES
Contractor and all subcontractors under them shall obtain a business license from the City of San Carlos and shall hold current licenses for the craft that the business is contracting for as required by Federal, State and Local laws.

11. CALTRANS ENCROACHMENT PERMIT - NOT USED

12. STAGING / CONSTRUCTION AREA AND EXCAVATION OFF-HAUL The City has not designated a staging area for this project. Should a staging area be desired, the Contractor shall be responsible for securing such an area along with any and all permits and permissions that may be necessary from the City and/or private property owners. Proof of concurrence shall be provided to the City upon request. Any fencing or other protective means (if required or employed by the Contractor) shall be at the contractor’s expense. The Contractor’s attention is directed to Article 9.09 of the General Provisions for additional staging requirements.

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All excavated soil shall be off-hauled immediately; no trench excavation material shall be stored on-site or used as trench backfill. Contractor shall refer to Technical Specifications Section 02200, Item 3.07 for other excavation and off-haul requirements.

No materials such as fused pipe, will be permitted to be left overnight in the public rightof-way. No City owned parcels or properties are available for use of the Contractor for a laydown/staging area. The Contractor shall secure, at the Contractor's own expense, any areas necessary for plant sites, storage of equipment or materials, or for other purposes.

The right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work.

13. CITY FURNISHED MATERIALS
There are no materials to be provided by the City for installation by the Contractor.

14. “NO PARKING” SIGNS
The City will provide “NO PARKING” signs and the Contractor shall arrange for the pickup of these signs a minimum seven (7) days prior to posting.

15. WATER
Water for use during construction shall be furnished by the Contractor and all costs incurred including the water use, meter charges, meter/backflow preventer deposit, vehicles and containers needed in transporting water to the job site shall be paid by the Contractor.

16. POWER
All power for and in connection with work to be done under this contract shall be furnished and maintained by Contractor.

17. OWNER / CONTRACTOR MEETINGS
A. PRE-CONSTRUCTION CONFERENCE: A Pre-construction Conference will be via Zoom within ten (10) working days after the date the Notice to Proceed is issued at the time and date described in the Notice to Proceed.

The conference will address the scope of work and the Contractor's proposed construction schedule, traffic control and detour plan. At the Pre-construction conference, the Contractor shall provide the following:
• The proposed construction schedule (for overall project), • Three-week look-ahead construction schedule,
• Draft of the notification letter to residents and merchants, • The proposed traffic control plan,
• Project submittals.

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The meeting shall be attended by:
• Contractor's representative, superintendent and major subcontractors, • City's representative project manager and inspector,
• Design consultant team,
• Others as Appropriate.

18. NOTIFICATION OF RESIDENTS AND MERCHANTS:

The Contractor shall perform the following tasks prior to commencement of the work:

A. Pre-Construction Planning: Prepare a draft notification letter stating the nature of work, expected duration of construction activity affecting their property, information regarding street closures and/or detouring, along with a distribution map showing all recipients of the notification letter. Include Contractor's telephone number for the purpose of taking inquiries and complaints. Obtain from the City a mailing list of property owners and/or occupants within 300 feet of each project site. Submit a draft copy of the notification letter and distribution map to City at Pre-Construction conference. The final format and wording of this letter shall be subject to approval of City.

B. Two-Week Advance Notification:
• The City will have one week from the submittal date to review and make suggested changes. Once City approval of letter and distribution map are received, distribute notifications via U.S. mail to all properties in the mailing list within 300 feet of each project site at least two weeks, but no more than three weeks, from the scheduled work at the respective site. Confirm that distribution is complete and accurate. • For each project site within 1000 feet of a school, Contractor shall coordinate with City staff and school principals to notify the parents of any changes in traffic patterns, detours, or parking restrictions. The notification shall include a copy of the approved Traffic Control Plan or detours around the school area.

C. 72-Hour Advance Notification: Prepare a second draft notification letter and submit to City for review. The City will have one week from the submittal date to review and make suggested changes. Once approval of the second notification letter is received, the Contractor shall provide a copy of the final letter to the City and use the City-approved mailing list and map from Section B above to handdeliver the notice to all required recipients at least 72 hours, but no more than 96 hours, ahead of construction at each project site. If work is rescheduled or delayed, repeat this notification process.

D. No Parking Signs:
• If necessary, “No Parking – Tow Away” signs shall be posted on the front and back of Type II barricades, spaced no greater than 100-feet apart, a minimum of 48 hours in advance of all work requiring parking restrictions. Only the date in which the parking restriction is needed shall be printed (in 2-inch letters) on the sign. All signs must be removed immediately after the work requiring the parking restriction has been completed.

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• The first barricade of each block, on both sides of the street, in both directions of travel (4 totals) shall contain, in addition to the “No Parking – Tow Away” sign, the 72-Hour Advance Notification flyer to provide property owners with a general description of the work to be done. The Contractor shall notify the inspector 48 hours in advance of the operation. City inspector will verify the posting and notify the police department.
• City will provide “No Parking” signs for the Contractor’s use on this project, if needed. Contractor Shall arrange for the pickup of signs not less than seven days prior to being needed.

E. Public Outreach:
• The Contractor shall apply a proactive public outreach approach to construction operations throughout the duration of the project, including noticing the public prior to the beginning of construction activities.

Outreach shall be coordinated with the project schedule and project components such as: traffic and pedestrian controls; noticing for residents; businesses; schools; etc. Ensure that the building/property manager or owner receives notifications for managed properties (i.e., apartments, businesses). Public outreach activities need to match updates to the project schedule, and also be timed appropriately for work items.
• Multiple public notifications shall be provided for various work items as described elsewhere in the specifications.
• Public outreach shall include daily and weekly activities to notify the public of construction impacts and progress. The Contractor shall designate a construction crew member for public outreach (outreach lead), who will be responsible for handling public outreach tasks and coordination, including coordination with the City. The outreach lead shall attend construction progress meetings.
• Contractor shall utilize the project's web-based document management system for the transmittal of outreach materials for City and public. • Providing public outreach for the duration of the project, including, but not limited to, pre-construction notices, construction area signage, weekly electronic-based communication, community outreach, etc.

Outreach to be coordinated with the various submittals required by the Contract for coordination, traffic and pedestrian control, and general site controls for the project.

F. Construction-Phase Responsibilities:
• Provide timely updates to City Project Construction Manager regarding schedule changes, delays, new impacts, and additional work affecting access or traffic.
• Installed required on-site signage for traffic control, detours, and access changes.
• Maintain signage throughout project duration.

G. Ongoing Communication Compliance:
• Use only City-approved communication content
• Follow all notification timelines

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• Coordinate with City before issuing any new or revised public information
If Contractor encounters any difficulty in obtaining resident’s or business manager’s permission to access the easement in order to perform the inspection, then Contractor shall contact the City for assistance. In such cases, Contractor shall provide a minimum of two weeks’ notice to the City prior to the need to access private property. Contractor is responsible for scheduling work such that this two-week notification period does not interfere with the overall work schedule.

19. STORM WATER POLLUTION PREVENTION
Consistent with the requirements of the federal Clean Water Act, the Project is subject to storm water pollution prevention requirements, which include the implementation of a Storm Water Pollution Prevention Plan (SWPPP) and/or implementation of local storm water requirements, which prohibit the discharge of pollutants from the Project site.

All work shall conform to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No. CAS000002) ("General Permit"), and the NPDES Municipal Regional Stormwater Permit (MRP) (Order No. R2- 2015-0049, NPDES No. CAS612008). The Contractor shall implement all applicable San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) measures and Best Management Practices (BMPs). Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a stop work order.

Prior to the start of any field work, the Contractor shall prepare a Water Pollution Control Plan (WPCP), in accordance with the latest version of the California Department of Transportation "Water Pollution Control Program (WPCP) Preparation Manual" and template, or other approved template, for review and approval by the Engineer. The WPCP shall include, at a minimum, the selection of BMPs applicable to the project, and an erosion control plan detailing the locations on the project site where applicable BMPs will be implemented.

The Contractor shall include in the WPCP any applicable California Department of Transportation Construction Site BMP Fact Sheets, or an approved equivalent. The Contractor is responsible for furnishing, installing, constructing, inspecting, maintaining, removing, and disposing of the BMPs as necessary throughout the entirety of the project.

The Contractor shall inspect BMPs regularly, and correct improperly installed, damaged, or ineffective BMPs immediately. Site BMP inspections shall be performed in accordance with the approved SWPPP/WPCP, and at a minimum of two-week intervals. Reports of each BMP inspection shall be provided to the City on a monthly basis.

The Contractor is responsible for furnishing, installing, constructing, inspecting, maintaining, removing, and disposing of the BMPs as necessary throughout the entirety of the project. The Contractor shall inspect BMPs regularly, and correct improperly installed, damaged, or ineffective BMPs immediately.

The Contractor shall provide the City with a copy of the Regional Water Quality Control Board approved SWPPP prior to the start of any field work.

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20. CONSTRUCTION AND DEMOLITION DEBRIS
The City has an ordinance requiring that debris from construction and demolition activities be reused, recycled and/or salvaged so that it doesn’t end up in a landfill. The Contractor shall provide sufficient evidence (weight tickets or other documents) to verify that some of debris is being recycled, reused and/or salvaged to the satisfaction of the Engineer.

21. HAUL ROUTES
The section of Holly Street between Old County Road and Industrial Road is politically sensitive as a residential area and is NOT TO BE USED as a Haul Route. Contractor shall therefore direct trucks to not use the Holly and Highway-101 Interchange when heading to the construction sites. Trucks leaving the sites shall turn onto El Camino Real and head either north to Ralston Avenue or south to Brittan Avenue.

22. SANITATION FACILITIES
Contractor shall be responsible for providing bathrooms, wash stations and power, if needed.

23. SAFETY OF PERSONS AND PROPERTY
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damages, injury, or loss to:

1. All employees, City personnel, residents on the project, and all others who may be affected thereby; and

2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody, or control of the Contractor or any of the Contractor’s subcontractors; and

3. The work of the City or other contractors.

The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss.

The Contractor shall erect and maintain, as required by existing conditions and the progress of the work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent utilities.

The Contractor shall designate a Site Safety and Health Officer who is a responsible member of the Contractor’s organization and whose duty shall be the prevention of accidents. The Contractor shall submit the name of the Site Safety and Health Officer to the Engineer in writing. The Site Safety and Health Officer shall be responsible for preparation of a Health and Safety Plan.

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The Health and Safety Plan shall detail the Contractors safety committee(s), safety rules, safety training, enforcement procedures, incentives, accident procedures and investigations, inspections, safety equipment and maintenance, hazardous materials (i.e. asbestos pipe) handling procedures, emergency action plan(s), alcohol and drug policies, confined space entry procedures, certification program and emergency retrieval procedures, 911 and emergency rescue services within jurisdiction of the work area, health providers and hospital emergency near the work site.

24. TRAFFIC CONTROL
Construction shall be organized so as to cause the least possible inconvenience to traffic.

Traffic control shall comply with the latest Caltrans Standard Plans and traffic control devices shall be furnished, placed, and maintained in accordance with the latest version of Part 6, Temporary Traffic Control, of the California Manual on Uniform Traffic Control devices (CA-MUTCD).

The Contractor shall provide all required signs, barricades, lights, high-level flag trees, arrow boards, and other devices.

No work shall be performed on Saturdays, Sundays, or designated legal holidays.

Exceptions may be made, at the Engineer’s discretion, to allow work at other times and on other days if required for the Contractor’s operations. In such cases, the Contractor shall have an alternate work schedule reviewed and authorized by the Engineer prior to commencement of work.

General Requirements:

1. The Contractor’s attention is directed to Article 9.20 of the General Provisions and Section 02800 “Traffic Control” of the Technical Specifications for additional requirements.

2. The Contractor shall submit a traffic control plan to the Engineer for review, including any requests for alternate work schedules or work hours:

3. No work may begin under contract until the Traffic Control Plan has been approved by the Engineer. Time required for review and approval of the Traffic Control Plan shall not constitute a basis for time extension.

4. The Contractor shall maintain temporary AC surface to provide safe and comfortable passage for pedestrian and vehicular traffic.

5. At the end of each day, all trench or access pit excavations shall be either backfilled in accordance with Section 02200 “Earthwork”, of these Technical Specifications, or covered with traffic rated non-skid steel plates. The steel plates shall be countersunk flush with the adjacent grade to provide a smooth surface if the plates are located within the traveled way of the road. Cutbacks shall be applied in gaps and/or at edges.

Adjoining plates shall be tack-welded where the plates meet. Plates located outside

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of the traveled way shall be held in place by placing temporary asphalt around all edges.

6. The Contractor shall provide electric arrow board(s) for any lane closures and reductions, except for on residential streets.

Special Requirements:

1. The Contractor shall be responsible for providing and maintaining all temporary traffic control and safety devices, including all personnel necessary for effectively directing vehicular, pedestrian and bicycle traffic through the construction zone. The Contractor assumes sole and complete responsibility for the job and site conditions, including safety of all persons and property, from start until final acceptance of the project. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal working hours.

2. Streets shall not be closed unless authorized by the Engineer in writing at least seventy-two (72) hours prior to the requested date. If street closure is approved, Contractor shall notify the following forty-eight (48) hours prior to the street closure:
a. City’s project manager and inspector
b. City of San Carlos Police Department, (650) 802-4277 c. City of San Carlos Fire Department, (650) 780-7400
d. City of San Carlos Garbage, Recycling, and Tree Trimming Haulers:

Recology San Mateo County (650) 595-3900
e. SamTrans Operations Control Center, (650) 508 6200
f. Affected schools, including but not limited to:
i. Central Middle School
g. Impacted residents and businesses

3. If emergency or urgent street closures are required, the Contractor shall notify:
a. City’s project manager and inspector
b. City of San Carlos Police Department, (650) 802-4277 c. City of San Carlos Fire Department, (650) 780-7400
Refer to Article 25 below for requirements when construction will disrupt or affect a SamTrans bus stop.

Access for local residents and businesses and all private property shall be maintained at all times. Signs shall be placed in front of commercial and industrial driveways to allow continual access. At the end of each working day these streets shall be reopened to through traffic with proper barricades, warning devices and temporary striping. If these streets are closed, the Contractor shall proceed expeditiously and with consideration for public convenience from the start of work to its completion.

25. SAMTRANS COORDINATION
Prior to commencement of the preconstruction potholes or any work, the Contractor shall contact the SamTrans Operations Control Center at (650) 508-6200, in coordination with the Engineer, to confirm and comply with all permitting, notification, bus routing, traffic control and concrete pavement restoration requirements.

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26. EXISTING UTILITIES
The Contractor shall notify (Underground Service Alert (U.S.A) at 811 for field location of all utilities 48 hours prior to any excavation.

The Contractor shall be responsible for verifying the presence of utilities within the limits of work, as well as any changes in the limits that are made to accommodate the project, protecting all utilities including but not limited to traffic signal conductors, signal interconnect communication, and fiber optic cables that may be affected by construction activities (e.g., clearing and grubbing, excavation, trenching, etc.), and notifying the Engineer in writing of any conflicts prior to beginning any excavation.

The Contractor shall pothole to verify the location and/or elevation of existing utilities as marked by Underground Service Alert (U.S.A.) within the limits of work. The Contractor shall work with utility companies and inspectors to protect existing utility lines. The Contractor shall notify the Engineer three (3) working days in advance of the potholing operation. Once the utilities are exposed, the excavation shall not be backfilled until the Engineer has inspected and taken measurements of the utilities.

Unless otherwise indicated on the plans, a pothole shall have a maximum length of six (6) feet, maximum depth as indicated on the plans or as directed by the Engineer, and the width dimension shall be as required by the Contractor with authorization of the Engineer.

Location and protection of utilities not designated for preconstruction potholing is the responsibility of the Contractor and no separate payment for such work will be made under the Contract.

The Contractor will protect and assume liability for all existing or newly installed structures and lines from damage by his forces during the construction period from the date of Notice to Proceed and the date of Final Acceptance.

All repairs of apparent or discovered utility facilities will be accomplished by the respective utility owners. The Contractor must coordinate with the utility companies to rewrap and/or repair their utility. All exposed existing telephone, gas, water, electrical and other public utility facilities will receive a minimum encasement of 12-inches of sand or encasement as directed by the utility owner.

All painted markings including USA and CBUD markings, marks placed by the Contractor, and marks placed by the City’s survey crew on street pavement, curbs, gutters and sidewalks shall be completely removed by the Contractor prior to completion of the project.

All cost incurred to complete this work shall be deemed included in other items of work and no additional payment will be made thereof.

27. CONSTRUCTION SCHEDULE
The Contractor shall submit to the Engineer, for review, a construction schedule in Critical Path Method (CPM) format with accompanying bar chart setting forth the sequence in which construction will proceed. In addition, the Contractor shall submit an updated CPM

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schedule for review along with the monthly request for partial payment. The City may, at its sole discretion, withhold partial payment until an updated CPM schedule is submitted.

The construction schedule must be created immediately upon award.

28. STREET SWEEPING
Street sweeping using a mechanical sweeper with vacuum capabilities shall occur, at a minimum, every Wednesday and Friday at the end of the working day. The Contractor shall clean and sweep roadways and on-site paved areas of all materials attributed to or involved in the work. In addition, the Contractor shall clean and sweep roadways as necessary to ensure that vehicle and pedestrian travel is not endangered by the presence of loose materials. Construction site entrances shall be kept free of these materials.

29. DAILY WORK REPORTS
The Contractor shall provide the City Inspector with daily work reports at the beginning of each working day for a report of the previous working day. The form shall conform to that which is provided in Appendix A. Failure to provide reports shall constitute grounds for a work shut down without an extension to the Contract Time of Completion.

30. GEOTECHNICAL REPORT AND CCTV VIDEO
The following documents are available as reference material for bidder’s and Contractor’s review through box.com at:
https://app.box.com/s/ezgrmwxne6tqal27o6oams8xgf2tnhus

1. Geotechnical report entitled Geotechnical Design Report, 2026 Sewer Rehabilitation Project, prepared by Mott MacDonald, dated November, 2025.

2. Geotechnical report entitled Geotechnical Design Report, City of San Carlos 2024 Sewer Rehabilitation Project, prepared by Mott MacDonald, dated December, 2024.

3. Geotechnical report entitled Geotechnical Evaluation, City of San Carlos 2022 Sewer Rehabilitation, prepared by Ninyo & Moore, dated July 19, 2022.

4. Geotechnical report entitled Geotechnical Evaluation, City of San Carlos 2017 Sewer Rehabilitation Project, prepared by Ninyo & Moore, dated June 2, 2017.

5. Geotechnical report entitled Geotechnical Evaluation, City of San Carlos Sewer Capacity Assurance Phase 3, prepared by Ninyo & Moore, dated July 8, 2016.

6. Available CCTV video of the existing sanitary sewer mains Hard Rock Excavation
The Geotechnical Evaluation, City of San Carlos 2022 Sewer Rehabilitation; and Geotechnical Evaluation, City of San Carlos 2017 Sewer Rehabilitation reports have identified geological conditions that presented refusal to auger using a B-24 drilling rig and solid-stem augers.

Contractor shall inform the Engineer, prior to mobilizing hard rock excavation equipment, when hard rock excavation may be required at the applicable sites, including photographic

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evidence of the excavation conditions. Contractor’s equipment for excavating hard rock must be capable of excavating intact, slightly fractured, and/or slightly weathered chert, basalt/greenstone, and sandstone. Contractor shall review local street conditions and geometry, permitted work areas and hours, staging, traffic control, and noise mitigation requirements when selecting and mobilizing the equipment to excavate hard rock conditions. In considering mobilization of larger equipment, the Contractor shall consider limited room for overnight storage of equipment.

Contractor shall take additional preconstruction photographs as necessary to document condition of existing improvements to remain. Contractor shall document with photographic and production rate evidence the excavation conditions. Evidence shall be furnished to Owner and Engineer on a daily basis. Contractor shall refer to Bid Item Descriptions for measurement and payment of hard rock excavation and mobilization of hard rock excavation equipment. Contractor shall also refer to Technical Specifications Section 02200 for additional definition of soft and hard rock.

31. CONSTRUCTION SUBMITTALS
The Contractor shall provide all construction submittals within 30 calendar days of the issuance of the Award of Contract Notification Letter and prior to beginning work.

Submittals shall be provided as required by the contract documents. The Contractor shall provide, at a minimum, the following submittals. The list below is not all inclusive and the Contractor shall be responsible for conforming to the requirements of the specifications.

A. PLAN AND PROCEDURE SUBMITTAL LIST

ITEM DESCRIPTION SPECIFICATION SECTION

1. Staging Area SP-Article 1

2. Water Pollution Control Plan 01560

3. Sewer Outage Notifications 01720

4. Public and Agency Notification Plan 01730

5. Project Schedules with Construction Schedule 02050

6. Demolition Plan* 02050

7. Active Sewer Facilities Removal and Reconnection to
Existing Sewer System Plan and Construction Schedule 02050

8. Health and Safety Plan 02145

9. Odor and Noise Mitigation Plan 02145

10. Temporary Facility Plan 02145

11. Emergency Response Plan 02145

12. Dewatering 02200

13. Trench Sheeting, Shoring, and Bracing Plan 02350

14. CAL/OSHA Excavation Permit 02350

15. CIPP Experience 02641

16. CIPP Field Measurements 02641

17. CIPP Product Data 02641

18. CIPP Construction Details 02641

19. CIPP Engineering Calculations for the Design of Liner Thickness 02641

20. CIPP Curing Log 02641

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21. CIPP Certifications and Testing 02641

22. CIPP Field Sample Preparation Plan 02641

23. CIPP Resin Volume Requirements 02641

24. CIPP Impregnation Record 02641

25. CIPP Pre and Post Construction CCTV 02641

26. CIPP Contingency Plan 02641

27. CIPP Performance Quality Testing Results 02641

28. Pipe Bursting Instructions, Details, and Layouts 02642

29. Pipe Bursting Winch System and Fusion Machine 02642

30. Pipe Bursting Experience and Qualifications 02642

31. Pipe Reaming Layouts, Excavations, Entry and Exit Pits, Utilities, Drilling Fluid Containment Items and Traffic Protection 02643

32. Pipe Reaming Planned Equipment and Equipment Setup Areas 02643

33. Pipe Reaming Work Plan, Daily Log Samples and Other Records 02643

34. Pipe Reaming Calculations 02643

35. Pipe Reaming Disposal of Waste Materials Plan 02643

36. Pipe Reaming Contingency Plan 02643

37. Pipe Reaming Experience and Qualifications 02643

38. CIPPR Experience 02644

39. CIPPR Field Measurements 02644

40. CIPPR Product Data 02644

41. CIPPR Construction Details 02644

42. CIPPR Engineering Calculations and Design Liner Thickness 02644

43. CIPPR Curing Logs 02644

44. CIPPR Field Preparation Plan 02644

45. CIPPR Certifications and Testing 02644

46. CIPPR Resin Volume Requirements 02644

47. CIPPR Impregnation Record 02644

48. CIPPR Pre and Post Construction CCTV 02644

49. CIPPR Quality Control Report 02644

50. CIPLS Experience 02645

51. CIPLS Field Measurements 02645

52. CIPLS Product Data 02645

53. CIPLS Construction Details 02645

54. CIPLS Engineering Calculations and Design Liner Thickness 02645

55. CIPLS Curing Logs 02645

56. CIPLS Certifications and Testing 02645

57. CIPLS Resin Volume Requirements 02645

58. CIPLS Impregnation Record 02645

59. CIPLS Pre and Post Construction CCTV 02645

60. UV CIPP Experience 02646

61. UV CIPP Field Measurements 02646

62. UV CIPP Product Data and Construction Details 02646

63. UV CIPP Engineering Calculations for the Design of Liner 02646 Thickness

64. UV CIPP Field Sample Preparation Plan 02646

65. UV CIPP Contingency Plan 02646

66. UV CIPP Pre and Post Construction CCTV 02646

67. UV CIPP Curing Log 02646

68. UV CIPP Performance Quality Testing Results 02646

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69. Sewer System Testing Plan and Schedule 02735

70. Calibration Certificates for Test Gauges 02735

71. Traffic Control Plan 02800

72. Traffic Control and Staging Area* 02800

73. Installation Procedures 15050
* If applicable.

B. MATERIAL SUBMITTAL LIST
The names of the manufacturers/producers of the materials proposed by the Contractor for use under this contract shall be submitted to the Engineer, for review prior to beginning of work. The manufacturer's/ producer’s, materials, test results, specifications and/or certificates of compliance shall be submitted for all applicable products on the list and shall be dated no earlier than six months from the award date.

The Contractor shall submit the following items to the Engineer, for review, within five (5) working days after the issuance of the Project work scope documents and prior to beginning of work:

ITEM DESCRIPTION SPECIFICATION SECTION
Road/Backfill Material

74. Class 1, Type A Permeable Pipe Bedding Material 02200

75. 3/4” Max Class 2 Aggregate Base Trench Backfill 02500

76. Geotextile 02200

77. Asphalt Concrete Certificates and Delivery Tickets 02500

78. AC Base, Type A, ¾inch Maximum Gradation, Coarse Class 02500

79. Traffic Stripes & Pavement Markings Materials 02765

80. Prime Coat, Tack Coat, and Fog Seal 02500

81. Type II Slurry Seal 02510

82. Controlled Low Strength Material 03123

83. Concrete Reinforcement Certified Test Mill Reports 03200

84. Concrete Reinforcement Placing Drawings and Welder
Qualifications* 03200

85. Concrete Mix Designs (Class B, C, or E as applicable) 03300

86. Manufacturer’s Data for Concrete Accessories, Waterstops, Retardants, Curing and Sealing Compounds, Bonding
Compounds, and Admixtures* 03300
Pipe and Fittings

87. PVC Pipe and Fittings Shop Drawings, Laying Diagrams, and Manufacturers’ Certificates 15063

88. High-Density Polyethylene Pipe and Fittings, Pipe Joining Methods and Equipment, Quality Control Records 15066

89. Vitrified Clay Pipe (VCP) in accordance with ASTM C700 15050

90. Pipe-to-Manhole Connectors for Existing Manholes 15063, 15066

91. Pipe-to-Manhole Connectors for New Manholes 15063, 15066

92. Flexible Couplings 15050

93. Metallic Pipeline Marking Tape 15050

94. CIPP Product Data, Certifications, Testing and Warranty 02641

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95. Sewer Lateral Piping, Cleanout, Fittings, Connection Details 02739 Hydraulic Structure Items

96. Manhole - Frames and Covers 05541

97. Manhole - Cast-in-Place Base Concrete* 02701,03300

98. Manhole - Manufacturer Precast Manhole Shop Drawings 02701

99. Manhole - Preformed Manhole Joint Sealant 02701
100. Manhole - Concrete Waterproofing Sealant 02701
101. Manhole - Corrosion Protection Coating 02701
102. Manhole - Drop Connection 02701
103. Nonshrink Grout 03600
104. Epoxy Grout for Rung Removal 03600, 03930
105. Manhole Channel/Base Restoration Products 03930
106. Manhole Inflow/Infiltration Prevention Materials 03930 107. Manhole Rehabilitation Lining/Coating System 03930 108. Technical Data of Structure Surfaces to be Rehabilitated, Surface Preparation and Installation Plan, Rehabilitation Product Manufacturer Installer Certificates, Work Crew’s Qualifying Experience, Work Plan, and Safety Plan 03930
* If applicable.

C. ADDITIONAL SUBMITTALS
The lists of this Section, “Submittals” and “Material Submittal List” are intended to be comprehensive but no claim for their completeness is implied, and submittal of each and every item on the lists shall not relieve the Contractor of supplying all information needed, or of complying with any of the other requirements of the specifications. Revised lists may be issued and items may be added to the list supplied.

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TECHNICAL SPECIFICATIONS

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City Project No. C9617 Bid Set
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TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS
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TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS
Page No.

Bid Item
Descriptions.............................................................................................. TS-4 Section 01505 — Mobilization .............................................................. TS-26 Section 01560 — Temporary Controls .................................................. TS-28 Section 01720 — Sewer Outage Notifications ...................................... TS-32 Section 01730 — Public and Agency Notifications .............................. TS-34 Section 02050 — Demolition, Abandonment, and Removal ................. TS-37 Section 02145 — Sewage Flow Control ................................................ TS-41 Section 02200 — Earthwork.................................................................. TS-49 Section 02350 — Excavation Support Shoring and Bracing ................. TS-74 Section 02500 — Asphalt Concrete Paving ........................................... TS-80 Section 02510 — Slurry Seal Pavement Surfacing .............................. TS-86 Section 02641 — Sanitary Sewer Rehabilitation Using CIPP Method TS-87 Section 02642 — Pipe Bursting........................................................... TS-103 Section 02643 — Pipe Reaming .......................................................... TS-109 Section 02644 — Sanitary Sewer Rehabilitation Using Cured-in-Place Pipe (CIPP) Point Repair Method ........................ TS-125 Section 02645 — Sanitary Sewer Cured-In-Place Pipe Lateral Shortliner (CIPLS) Connection ............................. TS-141 Section 02646 — Ultraviolet Cured-in-Place Pipe Lining .................. TS-156 Section 02701 — Precast Concrete Structures .................................... TS-174 Section 02735 — Sanitary Sewer System Testing and Cleaning ........ TS-179 Section 02736 — Closed Circuit Television (CCTV) Inspection of Sanitary Sewer System .......................................... TS-184 Section 02739 — Building Sewer (Lateral) Construction and Reinstatement .......................................................... TS-190 Section 02740 — Removal of Protruding Service Connections .......... TS-193 Section 02765 — Traffic Stripes and Pavement Markings .................. TS-195 Section 02768 — Temporary Pavement Markings .............................. TS-198 Section 02800 — Traffic Control ........................................................ TS-201 Section 02892 — Traffic Loops .......................................................... TS-206 Section 02990 — Adjust Incidental Structures to Grade ..................... TS-209 Section 03123 — Controlled Low Strength Material ......................... TS-211 Section 03200 — Concrete Reinforcement ......................................... TS-216 Section 03300 — Cast-In-Place Concrete ........................................... TS-220 Section 03600 — Grout ....................................................................... TS-231 Section 03601 — Pipeline Packer Injection Grouting ......................... TS-235 Section 03930 — Manhole Rehabilitation ........................................... TS-256

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TECHNICAL SPECIFICATIONS

TABLE OF CONTENTS
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Section 05541 — Manhole Frames and Covers .................................. TS-267 Section 15050 — General Piping ........................................................ TS-269 Section 15063 — SDR 26 Polyvinyl Chloride Sewer Pipe (PVC) ..... TS-279 Section 15066 — DR 17 High Density Polyethylene (HDPE) Pipe .... TS-285

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TABLE OF CONTENTS
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SECTION 01505

MOBILIZATION
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BID ITEM DESCRIPTIONS
Payment for work in the Contract Documents that is not covered in the Bid Item Descriptions below shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefore
Bid Item 1 – Mobilization

1. This bid item shall be lump sum. The maximum allowable bid price under this item shall be in conformance with Specification Section 01505, Mobilization. Any amount beyond the maximum allowable amount shall not be paid until the final progress payment.

2. Payment shall be made for seventy-five (75%) percent of the maximum allowable bid item amount at the first progress payment following completion of mobilization and appurtenant work items described below. The remaining amount bid for this item shall be due at the final progress payment and upon completion of demobilization.

3. This bid item shall include payment for obtaining all bonds, all Contractor acquired permits, licenses, agreements, certifications, notices of intent in compliance with Section 01720, Sewer Outage Notifications and Section 01730, Public and Agency Notifications, and acquisition of temporary easements; moving onto the site of all equipment, materials and staff including obtaining and setting up of Contractor’s staging area/yard; furnishing and erecting all needed construction facilities, fencing, project signage, project security, demobilization, preconstruction photographs, video recording of surface features, progress schedules and reports, contract meetings, and record drawings.

4. No payment for mobilization, or any part thereof, will be approved for payment under the contract until all applicable mobilization items identified in Paragraph 3 above have been completed.

Bid Item 2 – Preparation and Implementation of Stormwater Pollution Prevention Plan (SWPPP)
The minimum allowable bid price under this item shall be $10,000/LS. Payment for this item shall be lump sum, prorated over the course of the project based upon the percentage complete of all items.

This item includes the preparation and implementation of a SWPPP and includes full compensation for compliance with Specification Section 01560, Temporary Controls, and Caltrans Permit Storm Water requirements where applicable, including furnishing all labor, materials, tools, and equipment, incidentals, and performing all work for design and installation of SWPPP systems and compliance with Best Management Practices.

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SECTION 01505

MOBILIZATION
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Bid Item 3 – Sheeting, Shoring, and Bracing

1. This bid item shall be lump sum. Payment for this item will be prorated over the course of the project based upon the percentage complete of all items, excluding Bid Items 1 through 4 for the purpose of the calculation.

2. The Contractor shall comply with the requirements described in Specification Section 02200 as well as applicable City, County, State, and Federal regulations regarding sheeting, shoring, and bracing. This bid item includes all excavation support measures required, including but not limited to design, installation, maintenance, and removal of shoring and bracing required to stabilize and prevent movement of existing ground and to protect and provide for the safety of the Contractor’s workers due to sudden collapse or movement of the existing ground, during excavation and trenching operations, including furnishing all equipment, materials and personnel associated therewith, and in accordance with the project Technical Specifications and California Labor Code 6700-6708.

Bid Item 4 - Traffic Control

1. This bid item shall be lump sum. Payment for this item will be prorated over the course of the project based upon the percentage complete of all items, excluding Bid Items 1 through 4 for the purpose of the calculation.

2. This bid item includes preparing detailed traffic control plans approved by the City of San Carlos as required; placing, adjusting and removing temporary traffic control measures, such as, but not limited to, flags, cones, barricades, crash barriers, signs, and flaggers (personnel dedicated to controlling and managing traffic), portable changeable message boards, lighted arrow boards, traffic control signs both as required by the Contract Drawings and as part of the approved detailed traffic control plan, detours, lighting, portable A-frame signs, pedestrian and traffic ramps, trench plates, temporary striping, permanent striping, K-rails, pavement markers, traffic signal loops and temporary detection devices, and all incidentals necessary for worker, pedestrian and traffic protection, including furnishing all equipment, materials and personnel associated therewith, and in accordance with the project Technical Specifications.

Traffic control shall be provided for all project work areas and shall be provided for the duration of the project.

Bid Item 5 and 30 – Rehabilitate Existing Sanitary Sewer Manhole and Rehabilitate Existing Sanitary Sewer Manhole - Easement

1. This bid item shall be paid at the unit price bid per each manhole rehabilitated regardless of depth or configuration. Easement rehabilitation of manholes are associated with improvements on Sheets C-10, 13, 15, 16, 22 through 24, 26, 27.

2. The work to be completed is the rehabilitation of existing brick or concrete sanitary sewer manhole per the Contract Documents.

3. This bid item includes submittals; wastewater bypassing and rerouting; interior manhole cleaning; roots cleaning, coring or chipping to penetrate existing manhole to

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SECTION 01505

MOBILIZATION
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facilitate pipe bursting/reaming and/or to accept new sewer pipe; connection of new pipe to manhole with sanded manhole adapter sealed with non-shrink grout; partial restoration of channels damaged from contractor’s work; furnish and install manhole rehabilitation materials; furnish and install new manhole frame and cover; dust control; testing; protecting and reinstating pipe ends in structures; cleaning; record drawings; including furnishing all equipment, materials and personnel associated therewith, and in accordance with the Contract Documents.

Bid Item 6 – Modify Existing Manhole Channels and Base

1. This bid item shall be paid at the unit price bid per each manhole where the Contract Drawings or the Engineer require the existing channel to be modified, regardless of depth or configuration.

2. The work to be completed is the modification of existing manhole channels and base per the Contract Documents.

3. This bid item includes submittals; wastewater bypassing and rerouting; interior manhole channels and base cleaning; modify existing manhole channel and walls; coring or chipping to penetrate existing manhole to facilitate pipe bursting/reaming and to accept new sewer pipe if applicable; demolition of flow channels inside manholes; reconstructing new flow channels within manholes; furnish and install manhole modification materials including channel and base; dust control; cleaning; record drawings; including furnishing all equipment, materials and personnel associated therewith, and in accordance with the Contract Documents.

Bid Item 7 – Replace Manhole Frame and Cover

1. This bid item shall be paid at the unit price bid per each manhole frame and cover.

2. The work to be completed is the replacement of existing sanitary sewer manhole frame and cover per the Contract Documents.

3. This bid item includes submittals; additional saw cutting, grinding, surface demolition; additional removal and proper disposal of concrete, asphalt, and asphalt containing reinforcing fabric; additional excavation; additional spoil handling and proper disposal; furnish and install new manhole frame and cover; dust control; place and compact surface restoration and paving, including sidewalks, concrete or brick pavers, concrete paving, curbs, gutters, valley gutters and edge grinding; restoration of landscaping and other surface features; cleaning; record drawings; including furnishing all equipment, materials and personnel associated therewith, and in accordance with the Contract Documents.

Bid Item 8 and 31 – Remove Sanitary Sewer Manhole Rungs and Remove Sanitary Sewer Manhole Rungs – Easement

1. This bid item shall be paid at the unit price bid per each manhole where rung removal is specified regardless of depth or configuration.