HomeMy WebLinkAbout06-17-2009 City Council Agenda Packet
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
June 11, 2009)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
SPECIAL PRESENTATIONS
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, June 17, 2009
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1. City Council Minutes – June 3, 2009
Recommended action:
Approve minutes.
2. CIP Study Session Minutes – June 2, 2009
Recommended action:
Approve minutes.
3. Saratoga Village Redevelopment Study Session Minutes – May 28, 2009
Recommended action:
Approve minutes.
4. City Council Minutes – May 20, 2009
Recommended action:
Approve minutes.
5. Budget Study Session Minutes – May 11, 2009
Recommended action:
Approve minutes.
6. CUP Study Session Minutes – May 5, 2009
Recommended action:
Approve minutes.
7. City Council Minutes – October 18, 2006
Recommended action:
Approve minutes.
8. Review of Accounts Payable Registers
Recommended action:
That the City Council accepts the Check Registers for Accounts Payable cycles:
May 28, 2009
June 04, 2009
9. Resolution Authorizing Mayor to Appoint Representatives to Outside
Agencies/Committees Representing the City of Saratoga
Recommended action:
Adopt Resolution authorizing Mayor or Mayor's designee to appoint representatives
to four (4) Outside Agencies/Committees representing the City of Saratoga
10. Agreement for Professional City Surveyor Services
Recommended action:
Move to authorize the City Manager to execute an Independent Contractor
Agreement between the City of Saratoga and Giuliani and Kull, Inc. for professional
City Surveyor services.
11. Contract Renewal for Geotechnical Consulting Services
Recommended action:
Approve a two-year contract renewal with Cotton, Shires, and Associates, Inc. for
Geotechnical Engineering Services and authorize City Manager to execute the same.
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12. Contract Renewal for Municipal Traffic Engineering
Recommended action:
Approve a two-year contract renewal with Fehr & Peers Associates, Inc. for on-call
Traffic Engineering Services and authorize City Manager to execute the same.
PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council’s approval at the Council meeting
OLD BUSINESS
13. Award of Construction Contract for the Saratoga Library HVAC Renovation
Recommended action:
1. Move to declare CIM AIR, Inc. to be the lowest responsible bidder on the
Saratoga Library HVAC Renovation Project.
2. Move to award a construction contract for Saratoga Library HVAC Renovation
Project to CIM AIR, Inc. in the amount of $194,650 and authorize the City Manager
to execute the same. Authorize staff to execute change orders to the construction
contract in the amount of $40,000.
14. Public Records Act Handbook
Recommended action:
Review and accept the City of Saratoga Public Records Act Handbook.
NEW BUSINESS
15. American Recovery and Reinvestment Act of 2009 (ARRA) Tier 2 Funding -
Saratoga Avenue and Fruitvale Avenue Overlay and Rehabilitation Project.
Recommended action:
Adopt resolution supporting the American Recovery and Reinvestment Act of 2009
(ARRA) for Tier 2 Funding for the Saratoga Avenue and Fruitvale Ave Overlay and
Rehabilitation Project.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
Hakone Foundation Executive Committee
Peninsula Division, League of California Cities
SSC Cities Association Board
SCC Cities Association Selection Committee
Valley Transportation Authority PAC
West Valley Sanitation District
West Valley Mayors and Managers Association
Council Finance Committee
City School Ad-Hoc
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Vice Mayor Kathleen King
Hakone Foundation Board
West Valley Flood Control Zone & Watershed Advisory Committee
SSC Cities Association Executive Board
SCC Cities Association – Joint Economic Development Policy Committee (JEDPC)
City School Ad-Hoc
Councilmember Jill Hunter
Historical Foundation
Library Joint Powers Association
Santa Clara County Valley Water District Commission
Village AdHoc
Councilmember Howard Miller
Chamber of Commerce
KSAR
Santa Clara County Emergency Council
West Valley Solid Waste Joint Powers Association
Council Finance Standing Committee
Councilmember Susie Nagpal
ABAG
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB)
County HCD Policy Committee
SASCC
Sister City Liaison
Village AdHoc
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the Community Development Department Director at 13777 Fruitvale Avenue,
Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently
with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any
materials distributed by staff after the posting of the agenda are made available for public review
at the office of the City Clerk at the time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
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Certificate of Posting of Agenda:
I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council for the City of Saratoga was posted on June 11, 2009, for
the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us
Signed this 11th day of June 2009 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
7/1 Regular Meeting – 6:00-6:30 Council Electronic Communications (City
Attorney) & 6:30-6:55 Council Emergency Training
7/15 Regular Meeting – Joint Meeting with SASCC
8/5 SUMMER RECESS – NO COUNCIL MEETING
8/19 SUMMER RECESS – NO COUNCIL MEETING
9/2 Regular Meeting – Joint Meeting with Parks and Recreation Commission
9/8 Tentative - Joint Meeting – Saratoga/Monte Sereno Community
Foundation
9/16 Regular Meeting – Joint Meeting with West Valley Board of Trustees
10/7 Regular Meeting – Joint Meeting with Traffic Safety Commission
10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage
Preservation Commission
11/4 Regular Meeting – Saratoga Ministerial Association
11/18 Regular Meeting – Joint Meeting with Hakone Foundation
12/1 Council Reorganization
12/2 Regular Meeting -
12/16 Regular Meeting -
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2009
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – June 3, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for June 3, 2009 City Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from June 3, 2009 City Council meeting.
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MINUTES
SARATOGA CITY COUNCIL
JUNE 3, 2009
City Council met in Closed Session at 5:00 p.m.
Mayor Page noted there was no reportable information.
City Council held a Special Meeting in the Administrative Conference Room and
conducted Youth Commission interviews from 5:30 to 6:55PM.
Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice
Mayor Kathleen King, Mayor Chuck Page
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Claudia Cauthorn, Recreation Department Director
Crystal Morrow, Administrative Analyst
Curtis Boone, Records Management Interim
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of June 3, 2009, was properly posted on May 28, 2009.
ORAL COMMUNICATIONS
Citizen Ray commented about dead trees on Highway 9; homeowner removing a dying
Oak tree that is threatening the trail area near Verde Vista.
Jack Mallory, Chairman of 2009 Fourth of July celebration said the plans are going
smoothly and due to generous donations they won’t need the funds that Council allocated
for the event; he also noted the Youth Commissioners could volunteer their services for
the event.
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DIRECTION TO STAFF
None
COMMUNICATIONS FROM BOARDS AND COMMUNICATIONS
None
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Hunter invited everyone to celebrate Father’s Day in the Village on June
20 and 21 for a “Sidewalk Affaire” featuring antique cars, bands and more.
CEREMONIAL ITEMS
1. APPOINTMENT OF PARKS & RECREATION COMMISSIONER AND
ADMINISTER OATH OF OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing one member to the Parks and Recreation
Commission and direct the City Clerk to administer the Oath of Office
RESOLUTION NO. 09 – 030
MILLER/NAGPAL MOVED TO ADOPT THE RESOLUTION APPOINTING
MARK JOHNSON TO THE PARKS AND RECREATION COMMISSION
AND DIRECTED THE CITY CLERK TO ADMINISTER THE OATH OF
OFFICE. MOTION PASSED 5-0-0.
City Clerk Ann Sullivan administered the Oath of Office to Mark Johnson.
2. PROCLAMATION DECLARING JUNE 9, 2009 AS “HELMET AWARENESS
DAY”
STAFF RECOMMENDATION:
Read and present proclamation.
Janice Gamper recited a poem and Mayor Page read and presented the proclamation.
SPECIAL PRESENTATIONS
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3. PRESENTATION BY VALLEY MEDICAL CENTER FOUNDATION
STAFF RECOMMENDATION:
Listen to a short presentation from Chris Wilder, Executive Director of the Valley
Medical Center Foundation.
Chris Wilder, Executive Director of the Valley Medical Center Foundation provided a
short presentation on the scope of services provided by the Santa Clara Valley Health
& Hospital System.
CONSENT CALENDAR
4. FISCAL YEAR 2009/10 GANN APPROPRIATION LIMIT
STAFF RECOMMENDATION:
Adopt resolution approving the Gann Appropriations Limit for FY 2009/10.
RESOLUTION NO. 09 -031
NAGPAL/HUNTER MOVED TO ADOPT RESOLUTION APPROVING THE
GANN APPROPRIATIONS LIMIT FOR FY2009/10. MOTION PASSED 5-0-0.
5. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
May 14, 2009
May 21, 2009
NAGPAL/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES: MAY 14, 2009 AND MAY 21, 2009.
MOTION PASSED 5-0-0.
6. TREASURER’S REPORT FOR THE MONTH ENDED APRIL 30, 2009
STAFF RECOMMENDATION:
The City Council review and accept the Treasurer’s Report for the month ended April
30, 2009.
NAGPAL/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED APRIL 30, 2009. MOTION PASSED 5-0-0.
7. RESOLUTION PROVIDING WORKERS’ COMPENSATION COVERAGE
FOR CITY VOLUNTEERS
STAFF RECOMMENDATION:
Accept report and adopt Resolution providing Workers’ Compensation Coverage for
City volunteers.
RESOLUTION NO. 09 – 032
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NAGPAL/HUNTER MOVED TO ACCEPT REPORT AND ADOPT
RESOLUTION PROVIDING WORKERS’ COMPENSATION COVERAGE
FOR CITY VOLUNTEERS. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
8. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE
BY REMOVAL OF HAZARDOUS VEGETATION (BRUSH)
STAFF RECOMMENDATION:
Open public hearing; listen to public testimony; and close public hearing. Adopt
resolution overruling objections and ordering hazardous vegetation abatement.
City Clerk Ann Sullivan presented the staff report.
Mayor Page opened the public hearing.
No one requested to speak on this item.
Mayor Page closed the public hearing.
RESOLUTION NO. 09 – 033
NAGPAL/HUNTER MOVED TO ADOPT RESOLUTION OVERRULING
OBJECTIONS AND ORDERING HAZARDOUS VEGETATION
ABATEMENT. MOTION PASSED 5-0-0.
9. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 – PUBLIC
HEARING, APPROVAL OF ENGINEER’S REPORT, AND CONFIRMATION
OF ASSESSMENTS FOR FY 09-10
STAFF RECOMMENDATION:
Move to adopt the Resolution Ordering the Improvements and Confirming the
Diagram and Assessments for FY 09-10
Public Works Director John Cherbone presented the staff report.
Director Cherbone invited districts that aren’t participating in this program to contact
the City if they had any interest in having the City provide landscaping and lighting to
their developments and creating a new district.
Vice Mayor King suggested putting this information in the next Saratogan.
Mayor Page noted the Council would be meeting with members of the Homeowners
Association at the next Council meeting and this subject would be on the agenda.
Mayor Page opened the Public Hearing.
No one requested to speak on this item.
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Mayor Page closed the Public Hearing.
RESOLUTION NO. 09 – 034
NAGPAL/MILLER MOVED TO ADOPT THE RESOLUTION ORDERING
THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND
ASSESSMENTS FOR FY 09/10. MOTION PASSED 5-0-0.
OLD BUSINESS
10. ADOPTION OF FISCAL YEAR 2009/10 OPERATING & CAPITAL BUDGET
STAFF RECOMMENDATION:
Adopt resolution approving the Proposed FY 2009/10 Operating and Capital Budgets,
directing staff to incorporate within the final adopted budget any changes related to
minor corrections, carry-forward appropriations, refined estimates, grant approvals,
claim reimbursements, pass-through appropriations, or additional direction from
Council upon adoption of the budget.
Administrative Services Director Mary Furey presented the staff report and revised
proposed Operating Budget. She noted the revised proposed budget included the
changes Council recommended during the CIP Study Session on Tuesday, June 2,
2009, which was:
o Add $300,000 to CIP for street project funding for the next two years for three
separate projects - $100K for traffic safety projects; $100K for sidewalk
repairs; and $100K for storm drain repairs.
o Designate $300,000 for Hillside Reserve
o Designate $636,000 to a CIP Grant-Matching Fund Balance Reserve
o Use Economic Uncertainty Fund if State decides to take away funds from
cities.
Mayor Page declared a five minute recess at 8:00PM.
Mayor Page reconvened the meeting at 8:05PM.
Vice Mayor King asked for clarification on the Intergovernmental Fund and
requested that a note be added each year reflecting the fluctuations of that account. In
addition, she asked that the TEA funds be noted on any page that has revenues listed.
Mayor Page invited public comment.
The following people spoke in support of retaining the Recreation Department:
Ella Chekhanouskaya
Magna Wiklund
Elaine Roth
Mike Ziegel
Elena Baryshnikova
Jeanne Yee
Lily Asra
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Gleb Sapozhnikov
Joyce Hlava asked Council to reconsider the 100% cost recovery requirement for
Community Development Department, noting that it is not realistic.
Mayor Page closed the public comment.
Vice Mayor King noted she would not support this budget and that policy issues need
to be resolved regarding cost recovery for Recreation, Community Development and
Code Enforcement departments.
Councilmember Miller concurred with Vice Mayor King’s comment regarding the
cost recovery policy issue for the three departments and requested that this discussion
be agendized as a study session before the end of the year. In addition, he requested
mid-year budget evaluations every January and that this be added to the to the policy
list. He thanked everyone for their hard work in preparing the budget and indicated
that he would vote to approve the proposed budget.
Councilmember Hunter thanked everyone for their efforts in preparing the proposed
budget and noted that she agrees with speaker Hlava that it is unrealistic to expect the
Community Development department to be 100% cost recovery. She added the
Recreation Department is the heart of the community and the City should be proud of
the programs they provide to citizens. She noted she would be voting to approve the
proposed budget.
Councilmember Nagpal thanked everyone for their hard work in preparing the
proposed budget and would also like to have further discussion regarding the cost
recovery percentage issue for Recreation, Community Development and Code
Enforcement departments. She noted that she supports Councilmember Miller’s
suggestion to have mid-year budget evaluations and concluded that she would also
support this budget.
Mayor Page thanked staff for their hard work preparing this year’s budget and added
that he also supports additional discussion regarding the cost recovery issues and
having mid-year budget evaluations. He concluded that he would also vote in support
of the proposed budget including the modifications from the May 20, 2009 public
hearing and the recommendations from the June 2, 2009 study session.
RESOLUTION NO. 09 – 035
MILLER/HUNTER MOVED TO ADOPT RESOLUTION APPROVING THE
PROPOSED FY 2009/10 OPERATING AND CAPITAL BUDGETS,
INCORPORATING WITHIN THE FINAL ADOPTED BUDGET ANY
CHANGES RELATED TO MINOR CORRECTIONS, CARRYFORWARD
APPROPRIATIONS, REFINED ESTIMATES, GRANT APPROVALS,
CLAIM REIMBURSEMENTS, PASS-THROUGH APPROPRIATIONS,
INCLUDING POLICY TO CONDUCT MID-YEAR BUDGET
EVALUATIONS IN JANUARY. MOTION PASSED 4-1-0 WITH VICE MAYOR
KING OPPOSING.
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11. 2009 SUMMER ISSUE OF THE SARATOGAN
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Administrative Analyst Crystal Morrow presented the staff report.
Councilmembers provided the following suggestions for future Saratogan articles:
o Article encouraging residents to shop locally;
o 15% water usage reduction;
o Garbage rate increase effective July 1st;
o Corner featuring the Youth Commission;
o Article featuring top 5 questions residents have regarding business licenses;
o Landscape & Lighting improvements article;
o City parks – reservation of special equipment such as bocce ball at Kevin
Moran Park;
o “How to Form” neighborhood associations.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page thanked Ms. Morrow for her “theme” creativity.
Council directed staff to move forward with the next issue.
NEW BUSINESS
12. APPROVAL OF NEW CITY OF SARATOGA RECORDS RETENTION
SCHEDULE
STAFF RECOMMENDATION:
Accept report and approve the new records retention schedule.
Curtis Boone, Records Management Intern, presented the staff report and noted that
at the suggestion of Councilmember Miller, two revisions were made to the retention
schedule; 1) clarify meaning of the asterisk in the legend; and 2) adjust the retention
period for the training records and tuition reimbursement program. Mr. Boone noted
he updated the description.
Mayor Page invited public comment.
No one requested to speak on this item.
City Attorney Richard Taylor noted that he supports the retention schedule to move
forward as it provides a legal authority to destroy old records that the City does not
need to retain, thereby avoiding potential litigation costs to review old records by
lawyers.
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MILLER/NAGPAL MOVED TO APPROVE THE NEW RECORDS
RETENTION SCHEDULE INCLUDING THE RECOMMENDED
MODIFICATIONS REGARDING THE ASTERISK AND RETENTION
SCHEDULE FOR THE TRAINING RECORDS AND TUITION
REIMBURSEMENT PROGRAM. MOTION PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – reported:
Hakone Foundation Executive Committee – Hakone has built a small pond where new
carp can be introduced to the environment prior to being placed in the large pond.
Valley Transportation Authority PAC – looking at severe budget cuts; significant
discussion regarding BART funding.
West Valley Sanitation District – they have approved their new budget; no increase in
rates this year; small increase in rates starting next year for multiple years.
West Valley Mayors and Managers Association – discussed the budget deficit in the City
of San Jose and that San Jose has been rated as having the second worst roads of any city
in the United States. He added that Pete Constant’s district, which includes Saratoga, has
the worst roads in San Jose.
Vice Mayor Kathleen King – reported:
Hakone Foundation Board – at the last meeting they discussed the new entrance they are
working on; the new bridge area; and the re-occurring problems with the carp.
West Valley Flood Control Zone & Watershed Advisory Committee – commented about
the fact that members are required to get approval from the board to agendize discussion
items and the committee is objecting to this requirement.
SSC Cities Association Executive Board - meets next Thursday and members of the board
have expressed a great deal of interest in our road impact truck fee.
City School Ad-Hoc – they are still working out some issues at Prospect High School.
Councilmember Jill Hunter – reported:
Library Joint Powers Association – will meet on Thursday and will be discussing their
budget; the County librarian encourages everyone to use a library membership card as
this helps provide funding for the library each time the card is used.
Councilmember Howard Miller – reported:
Chamber of Commerce – is in the process of an audit and they are actively looking for a
new location..
Councilmember Susie Nagpal – reported:
SASCC – discussed their upcoming budget and whether they should conduct a full audit
or just a review and it was suggested they do a full audit.
Sister City Liaison – plans are moving forward regarding the upcoming 25th Anniversary
and members of the Sister City Committee expressed their gratitude with the recent
funding from the City; affiliates are concerned about Swine Flu in the fall.
[Mayor Page asked Councilmember Nagpal to let him know if he needs to send a letter of
invitation to the Mayor of Muko Shi regarding the upcoming anniversary celebration.]
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(Note: Councilmember Nagpal provided a copy of the final version of the recent CDBG
funding)
CITY COUNCIL ITEMS
Vice Mayor King inquired about her request at the last council meeting to agendize
Finance Commission discussion and that it isn’t noted on the Agenda Planner. (Mayor
Page responded that it was his intent to complete the budget cycle and to give staff
sufficient time to analyze cost and other data before agendizing this item.)
Vice Mayor King asked that the item be added to the bottom of the Agenda Planner.
Councilmember Nagpal thanked Mayor Page for the letter he sent to PG&E officials
regarding the proposed tree removal on Bonnet Way.
Vice Mayor King suggested a PG&E representative provide a presentation at an
upcoming Council meeting regarding their tree removal schedule.
Councilmember Miller stated the City of Morgan Hill held a city wide garage sale and
included car sales, which encouraged more people to attend and inquired if Saratoga
could do the same.
Mayor Page noted he would discuss it with the Administrative Analyst on Thursday.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no further business Mayor Page asked for a motion to adjourn the Regular
meeting and for Council members to proceed to the Administrative Conference Room to
discuss the appointments of members to the Youth Commission.
MILLER/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT
9:30PM AND FOR COUNCIL TO PROCEED TO THE ADMINISTRATIVE
CONFERENCE ROOM TO DISCUSS THE APPOINTMENTS OF MEMBERS
TO THE YOUTH COMMISSION. MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: CIP Study Session Minutes – June 2, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for June 2, 2009 CIP Study Session meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from June 2, 2009 CIP Study Session.
17
MINUTES
SARATOGA CITY COUNCIL
YOUTH COMMISSION INTERVIEWS
&
CIP STUDY SESSION
JUNE 2, 2009
1. YOUTH COMMISSION INTERVIEWS
City Council held a Special Meeting in the Administrative Conference Room and conducted Youth
Commission interviews from 5:30 to 7:00PM.
2. CIP STUDY SESSION
o Disposition of Prior Year End Fund Balance
o Review of Existing Capital Improvement Projects (CIP)
Mayor Page called the CIP Study Session meeting to order at 7:15PM.
ROLL CALL
PRESENT: Councilmembers Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor
Chuck Page
ABSENT: Susie Nagpal
ALSO Dave Anderson, City Manager
PRESENT: Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
Ann Sullivan, City Clerk
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for
the meeting of June 2, 2009, was properly posted on May 28, 2009.
ORAL COMMUNICATIONS
Speaker/s:
Corinne Vita addressed the Council on behalf of the Saratoga/Monte Sereno Community Foundation
(Foundation). She noted they have a new chair, Wanda Kownacki and the members are working to
revitalize the foundation. They are considering new projects that would benefit the community and
would like to partner with the City. She suggested the Foundation meet with Council in September to
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discuss potential CIP projects. She asked Council to consider reallocating the funds that were set aside
for a gym last year, to a Foundation and City partnership. She noted some of the project possibilities:
o Saratoga to the Sea walking path –– from Hakone to Sanborn Park;
o Heritage Orchard Learning Center/Barn – used to teach children and the community about
orchards;
o Music in the Park – improve Wildwood Park stage and offer concerts;
o Community Gym remains on list; however it hasn’t generated much discussion since last year.
DISCUSSION AND DISPOSTION/ALLOCATION OF PRIOR YEAR FUNDS TOTALING
$1,236,185
COUNCIL DIRECTION FOR ALLOCATION OF PRIOR YEAR FUNDS:
o Hillside Reserves: $300K – 1 year
o Sidewalk Repair (CIP): $100K – 2 years
o Storm Drains (CIP): $100K – 2 years
o Traffic Safety (CIP): $100K – 2 years
o Balance of $636K to a CIP Grant-Matching Fund Balance Reserve.
o Year end interest goes to General Fund.
o $500K to remain in unallocated.
Council Financial Policy:
Use Economic Uncertainty Fund for State take-away funds for FY 2009/10 if State implements this
action and pay back those funds within three years with repayments from the State as required by
Measure 1A.
COUNCIL DIRECTION:
Include language in annual Budget that explains fund activities and financial policies.
Mayor Page adjourned the CIP Study Session meeting at 9:30PM.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Saratoga Village Redevelopment Study Session Minutes – May 28, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for May 28, 2009 Saratoga Village Redevelopment Study Session.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from May 28, 2009 Saratoga Village Redevelopment Study Session.
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Saratoga City Council/Planning Commission
Saratoga Village Redevelopment
Study Session
May 28, 2009
Mayor Page called the meeting to order at 6:10P.M.
PRESENT:
COUNCILMEMBERS: Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen
King, Mayor Chuck Page
PLANNING COMMISSIONERS:
Joyce Hlava, Manny Cappello, Mary-Lynne Bernald, Linda
Rodgers, Yan Zhao, Doug Robertson, David Reiss
STAFF: City Manager Dave Anderson, City Clerk Ann Sullivan,
Community Development Director John Livingstone, Senior
Planner Chris Riordan
Village Redevelopment Presenters: David Rossi and Naiilon.
ANNOUNCEMENTS:
Mayor Page noted that he attended the Planning Commission Study Session on Wednesday
evening so that he could personally thank the commissioners for all their hard work and for all
the extra meetings they have had in order to complete all the extra tasks that have been assigned
to them.
Director Livingstone presented a brief synopsis of the proposed development for the Saratoga
Village Center.
Developer David Rossi presented a slide presentation overview of the proposed development
noting they were sensitive to the traffic on Oak Street, which would be the primary entrance to
the residential parking area of the proposed project.
Mayor Page invited comments and input from Council and Commissioners.
Vice Mayor King asked what the time line was for the proposed project.
Mr. Rossi noted they would like to spend the next 6 months designing construction plans; plan
approval should occur by between January and February of 2010; receive clearance to begin
construction in August or September 2010; and that it would take approximately 12 or 13 months
to complete construction. He added he is currently in contract with the property owner, deposits
have been paid, working on environmental liability issues, and that they would work with the
City through each step of the construction phase.
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Councilmember Nagpal asked for clarification on the existing commercial space and how much
would be added with this proposal.
Mr. Rossi responded that currently there is about 25,000 square feet and the proposed additional
square footage would be another 20,000 to 22,000 square feet.
Councilmember Nagpal raised the issue of environmental cleanup and if they would be removing
any soil from a detected source.
Mr. Rossi noted that it is their intent to remove any contaminated soil.
Councilmember Miller raised the question about adequate parking and if they are working with
Bank of America regarding their parking spaces.
Mr. Rossi noted they are working with Bank of America regarding an acceptable price for some
of their parking space.
Councilmember Miller asked about the front façade on Big Basin Way and if they plan to build
upwards as high as they could, adding that the drawing looked higher than the roof line behind it.
Mr. Rossi responded that they worked with the 35foot high requirement, took all measurements
on Big Basin and worked with that. He added that in some areas in the front they are right at
height limits and below the height limit in back.
Councilmember Miller asked how the residents would get from the parking garage to the
residential area.
Mr. Rossi stated there would be an elevator and stairwell to the retail area and the public would
have no access to the residential and garage areas.
Commissioner Cappello asked what the estimated square footage would be for the larger retail
areas, such as for a grocery store.
Mr. Rossi responded that would be 7,000 square feet, adding that would be a nice area for a
Trader Joes or a nice bakery, fish or meat market.
Councilmember Hunter commented that she thought our Municipal code didn’t allow 3 stories
on Big Basin.
Director Livingstone noted that is true, however, the code language is not well written and they
could work with the applicant on the 35 foot height limitation.
Mr. Rossi added that the residential loft area in the front isn’t really applicable to the 3-story
concern as there isn’t a “third floor” on the front side, and does meet the 35 foot height
requirement.
Councilmember Miller inquired about delivery accommodations.
Mr. Rossi responded that they did consider deliveries and there are areas to accommodate
deliveries and usually deliveries occur in the early morning hours and usage of the street also
could also be used.
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Councilmember Nagpal raised a question about how the proposed 48 parking allocations were
derived considering the fact that there would be additional retail establishments.
Mr. Rossi stated they took advantage of the current parking ordinance waiver and used the
numbers for the parking districts average, which resulted in the allocated number of 48 parking
spaces per 450 square feet, adding that they would also encourage the retail establishments to
promote non-employee parking in those areas.
Commissioner Robertson addressed the second floor setbacks and the “green space” Mr. Rossi
referred to and asked what his vision was for that area and if they would be incorporating green
architecture.
Mr. Rossi responded that this area is still in the initial concept stage and he doesn’t have floor
plans for that area as of yet; however, they plan to make that area a neighborhood area, which
would consist of a concrete deck, garden area, and fountain by using as much recyclable as
possible.
Commissioner Robertson also inquired about fire access and if they have met with the fire
department.
Mr. Rossi stated they have hired a private consultant to work with the fire department to work
out these issues.
Commissioner Rodger asked if they would conduct the development in stages.
Mr. Rossi replied that they would develop the area all at once.
Mayor Page invited public comment.
The following people requested to speak:
Ted McGivens voiced a concern about the proposed 25 foot wall and the view from his backyard
as well as the traffic flow off Oak Street.
Bob Reese also voiced concerns about the 25 foot wall height; the view from his backyard;
traffic adjacent to his property on Oak Street; and employee parking.
Lillian Benson asked about the size and rental cost for retail spaces and noted the parking lot that
she currently has behind her store.
Marc Benson voiced concerns about the 3rd Street egress and the traffic going through his private
parking lot where he rents10 parking spaces.
Gary and Diana Espinosa voiced concerns about Oak Street traffic; would like to see the
Craftsman Victorian style on the front side; concerned about building height; traffic flow; and
concerns about eventual number of people in the residential area and the number of cars per unit.
Diane voiced concerns about traffic on Oak Street.
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Jackie Welsh stated that the project looks too residential – not like a business district; should
have an anchor store, emphasize a market the size of Trader Joe’s or Genes; should have a drug
store; retain main street Saratoga and emphasize the historical concept.
John Hollingsworth commented about the commercial aspect and that there should be a
mechanism in place to fill the commercial units; doesn’t want to see another set of empty
buildings.
Joyce Meuleson stated she is a new resident and felt people should be more concerned about
their property values rather than with mountain views and that it was up to everyone to bring
about a change; if everyone continues the way they are the Village will continue to decline.
Willys Peck was present and had to leave.
Jenny Young Taylor read Willys Peck’s question regarding the total number of parking spaces
for residential and onto Big Basin Way.
Jenny Young Taylor expressed concerns about the Oak Street residents that would look down on
the project and that they shouldn’t have to look at gravel roofs with mechanical equipment and
antennas on top; should retain view of mountains; prefers the Arts & Crafts style mixed up with
a Victorian style; is not in favor of the round turret; incorporate different roof pitches; use gables,
varied windows, and stone.
J. J. Sahehunh stated he supports this project and recommended the developer not rush with the
development as it affects 10 families. He added that when he purchased his home in Saratoga,
City staff told his realtor it was a maximum height of 26 feet and no more than 2 stories –
doesn’t support the proposed 3 stories in the Village; was told 3-story on creek side is
acceptable; there are parking problems with all the businesses; view is important; has soil
contamination concerns and would like to know contamination source.
Bob Shepherd stated he supports this project and thanked the developer for his proposed project
and his vision of vibrancy for the Village, adding that if it takes 3 stories to create this vibrancy,
we have to do it.
Jim Schrempp stated he likes this project; has parking concerns on Oak Street; likes eclectic and
this proposed design is not eclectic enough.
Tony Nora stated the project is not viable without residential units in it; the Village is dying and
people have to expect change; would like to see a meat market or fish establishment; people have
to be flexible and he supports this project.
Paul Hernandez advocated City participation regarding parking access to the center from Third
Street but voiced some safety concerns with that recommendation and suggested egress
alternatives; doesn’t support 3 story buildings; recommended off-setting buildings to achieve
more articulation.
David Roliti stated that it is difficult to keep everyone happy and that he supports this project.
Jim Sullivan stated he supports this project.
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Mayor Page closed the public hearing.
Mr. Rossi noted that they had met with the neighbors earlier in the week and addressed many of
their concerns regarding:
Ø Oak Street traffic;
Ø Increased the number of retail parking spaces;
Ø May take pictures from neighbor’s back yard to address the 25 foot wall concern;
Ø Stated retail alone would not make this center viable – it is the residential component that
makes the pro-forma and is willing to rent retail space at $1.50 square foot if necessary;
Ø Created more storage space in basement level;
Ø Important to have Village/community involvement;
Ø Mountain views wouldn’t be compromised and will work with neighbors to protect
views;
Ø Plans to have more of these types of meetings and will continue to ask for community
input.
Mayor Page closed public comment and asked for final comments from Planning Commissioners
and Council members:
COMMISSIONERS:
David Reiss:
o Asked for clarification regarding the issue that was raised about the 26ft. height limitation
versus the 35ft. limitation. [Mayor Page noted the 26ft. requirement applies to residential
and commercial is 35 feet].
o Would like to work out the 2 story versus 3 story issue – using the 35 foot limitation;
o Prefers the eclectic concept more than the uniform look.
Doug Robertson:
o Prefers design on left side portion of drawing;
o Right side is typical of current development – not conducive to Saratoga’s look – may
become dated;
o Left side is more eclectic and has a more timeless look;
o Turret circular portion could be done really nice; may become dated, need timeless look;
o 35 foot limit – stay with 2 stories;
o Likes the public spaces for people to come together;
o Restaurant with a view – invites more people into Village:
o Concerns regarding fire access – turning radius etc;
o Supports the project.
Linda Rodgers:
o Prefers design on left side portion of drawing;
o Right side is typical of current developments and doesn’t have much definition, doesn’t
fit the Saratoga look;
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o Turret could be a Village landmark and could house a bookstore;
o Street slope and 3rd story appearance isn’t an issue;
o Project generates a vision of vibrancy for Village;
o Would like to see some story poles at some point;
o Prefers timeless concept;
o Would like to see “views” maintained as much as possible;
o Corridors give feeling of light and airiness;
o Supports the project.
Joyce Hlava:
o Guest parking for residences, need to work out a security entrance and parking spaces for
them;
o Address employee parking issue with merchants;
o Project could be a revitalization of the Village;
o Residential aspect may be just what village needs;
o Likes the public gathering areas and public restrooms;
o Young families seem to live in units for 5 to 6 years, then they move out – wouldn’t
create issues regarding extra vehicles per family;
o Elevators in residential area are fantastic for senior citizens living there;
o Project would attract some of the businesses that the community needs;
o Revisit Sign Ordinance;
o Supports the project.
Manny Cappello:
o Agrees with everything that has been said by preceding commissioners;
o Pleased to hear that developer is sensitive to concerns voiced by adjacent neighbors and
has taken steps to address some of those concerns by making adjustments to the plans and
roof lines;
o Likes the Craftsman styling;
o Would like to see the historical nature of Saratoga incorporated into the design or open
spaces of the project;
o Maintain a large retail area;
o Key element to success of all retail in the center is to have a good solid anchor;
o Likes the open spaces;
o Supports the project.
Mary-Lynne Bernald:
o Likes the multiple frontage that comes with inner walkways;
o Prefers the Craftsman style design;
o Great retail area;
o Likes the turret – could be topped off more;
o Architectural beginning is exciting;
o Likes the upstairs restaurant and the view;
o Floral shop would be nice;
o Likes the open spaces and public restrooms;
o Commended the developer for trying to retain the existing tenants;
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o Employee parking may be an issue and you will need built-in incentives for that to be
successful.
Yan Zhao –
o Very excited about this project – could bring much needed incentives to village;
o Avoid an industrial appearance;
o Concerns about entering shopping center parking lot from Big Basin Way;
o Create employee parking incentive;
o Likes the public gathering area;
o Public restrooms are great idea;
o Supports this project.
Councilmember Nagpal;
o Very exciting project for this community;
o Appreciates the developers outreach to the community;
o Concerned about similarity to other local projects – more articulation;
o Would like to see some changes to make Saratoga look different from other communities;
o More “greening” – use of hanging flower baskets;
o Concerns regarding adequate guest and employee parking;
o Environmental issues;
o Supports this project.
Councilmember Miller:
o Redevelopment in a community like Saratoga is a key element in maintaining and
improving vitality;
o Do all you can to mitigate the issues and concerns voiced by immediate neighbors;
o Employee parking issue is systematic in the Village and needs to be addressed overall;
o Regarding the total general parking structure, would like to see more interaction with
neighboring parking areas;
o Could reduce traffic on Oak Street by eliminating left turns across Oak Street – creating a
one-way traffic flow to the parking areas;
o Prefers the left side design concept – right side has a very linear look and needs height
articulation;
o Likes the upstairs restaurant;
o Turret could be improved;
o Supports this project.
Councilmember Hunter:
o Likes the public restrooms and open spaces;
o Looks like many other developments – wants Saratoga to be special;
o Does not like the turret;
o Likes the interior space;
o Concern about the 3 story appearance;
o Feels the missing link is the historical aspect – incorporate more history;
o Likes the eclectic style;
o Supports this project.
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[Mr. Rossi noted they are trying to do all that Councilmember Hunter just stated].
Vice Mayor King:
o We have a choice of living with what we have, a Village that is dying, or we accept
something that is 35ft high with certain areas that are 3 stories;
o Very impressed with these developers – they listen and don’t get offensive – that is a very
positive sign;
o Bookstore would maybe be more popular than a market;
o Parking will be driven by the retail, they will make implement the requirement that
employees park behind the bank, which is 2 acres;
o Develop area along the creek – city owns the property;
o Supports this project.
Mayor Page:
o Pleased that developers are working with the neighbors;
o Impressed with how they listen to the community;
o this is one property in village that doesn’t need to look like rest of village;
o not enamored with the style now; first view maybe too much rock;
o eclectic is kind of eccentric;
o last chance to make grand entrance to village, appearance doesn’t have to match what is
in Village now, however it should blend;
o Likes open space and gathering spaces;
o Public bathrooms great idea;
o Parking concerns need more discussion and need to be worked out;
o 3 story less of an issue than the 35ft issue and preserving views;
o Supports moving ahead.
Vice Mayor King thought it was important for the developers to have consensus from the
Council and Planning Commissioners on several things; 1) Should the project move forward; 2)
type of style; and 3) whether everyone agrees to support three stories within the 35 foot height
limit.
THOSE IN SUPPORT OF:
35 FEET - Reiss, Robertson, Rodgers, Hlava, Cappello, Bernald, Zhao, King, Nagpal,
3 STORY: Miller, Page.
Hunter does not support 3 story on Big Basin frontage.
STYLE: Reiss – Eclectic/Mixed material/Craftsman
Robertson – Multiple materials in different phases
Rodgers – Multiple materials – high quality
Hlava – Craftsman or Victorian
Cappello – Eclectic/Historic
Bernald – Quality varied textures, 1880’s look
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Zhao – Variation of roof line, multiple materials & colors
Nagpal – Craftsman
Miller – Will go with the experts
Hunter – Uniqueness incorporating historical
Page – Multiple materials with articulation
MOVING FORWARD WITH PROJECT:
All were in agreement to move forward with the project.
Meeting adjourned at 9:15 p.m.
Respectfully submitted,
Ann Sullivan, CMC
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – May 20, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for May 20, 2009 City Council Meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from May 20, 2009 – City Council Meeting.
30
MINUTES
SARATOGA CITY COUNCIL
MAY 20 2009
City Council met in Closed Session at 5:30 p.m.
Mayor Page noted there was no reportable information.
City Council held a Joint Meeting with representatives from Montalvo at 6:00 p.m. in the
Administrative Conference Room.
Mayor Page called the Regular City Council meeting to order at 7:00 p.m.
Kelley Guastucci, Assistant Scout Master for Troop 535 and Boy Scout Danilo Guastucci
led the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice
Mayor Kathleen King, Mayor Chuck Page
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
Crystal Morrow, Administrative Analyst
Kim Saxton-Heinrichs, Senior Recreation Supervisor
Adam Henig, Recreation Supervisor
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of May 20, 2009, was properly posted on May 14, 2009.
ORAL COMMUNICATIONS
Kelley Guastucci, Assistant Scout Master for Troop 535 and Boy Scout Danilo Guastucci
announced that Saratoga Boy Scout Troop 535 will be celebrating their 50th Anniversary
of scouting in Saratoga. They invited the Mayor, Council Members and their families to
help celebrate their Court of Honor at 2:30 p.m. on June 7th at St. Andrews Church.
Ann Kibort addressed the Council regarding the yellow cross walk signs on Big Basin
Way. She stated the yellow signs are unattractive; no studies have been conducted as to
their effectiveness, and she would like to see the signs removed.
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Donna Poppenhagen stated that on April 6th she discovered four Oak trees behind her
property had been marked with red tape and wanted to know if they were being removed.
She also spoke about numerous trees along Joe’s Trail near Rodeo Creek that were
tagged for removal, noting that a PG&E representative confirmed that 5 of the 29 trees
that were tagged had not been tagged by PG&E – but by the City. She thanked Mayor
Page and Councilmember Hunter for their assistance in helping her save some of the trees
and asked for minimization of tree removal.
Tom Moran, Chair of the Saratoga Community Access Television Foundation (KSAR)
thanked City staff members Mary Furey, Julie Ingraham, and Ann Xu for their assistance
in resolving financial issues with Comcast. He noted Saratoga Highlights airs daily at
7:30, 11:30 and 4:30.
DIRECTION TO STAFF
Vice Mayor King asked staff to add the June 7th Boy Scout event to the City website.
In addition, she asked staff to contact PG&E and request a meeting to discuss PG&E’s
plans regarding proposed tree removals.
Councilmember Hunter noted the trees were scheduled to be removed starting June 1st
and the City needed to act quickly.
[Mayor Page noted he would send a letter immediately to PG&E .]
Councilmember Hunter asked if there was anything that could be done about the yellow
signs in the crosswalks on Big Basin Way. [Staff was directed to provide Council with
an update via the Weekly Newsletter.]
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Angela McConnell, newly appointed Executive Director at Montalvo reported that she,
along with two other representatives from Montalvo, met with Council earlier in the
evening. She noted Montalvo will be 100 years old in three years. She noted it is her goal
to work with the community by creating partnerships and collaborations in all aspects of
their programming. This year’s new concert series starts June 3rd and she hopes the
concerts bring revenue to the community. She thanked members of the Council and
invited everyone to their Sixth Annual Food & Wine Classic on May 31st noting this
event will help support the arts and education program.
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Hunter noted the History Center at DeAnza College has a collage of
pictures and history on Saratoga resident Betty Peck, including history on the Community
Gardens that she developed in Saratoga. The display will be there for one year.
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Mayor Page noted he was honored to attend the Eagle Court of Honor for seven Eagle
Scouts, adding six of them were from Saratoga; and he extended a congratulations to
each.
Vice Mayor King noted the Memorial Day celebration at 9:30 on May 25th. Mayor Page
will welcome everyone and the event begins at the Blaney Plaza Arch with a walk up
Oak Street to Madronia Cemetery.
CEREMONIAL ITEMS
1. APPOINTMENT OF LIBRARY AND PARKS & RECREATION
COMMISSIONERS AND ADMINISTER OATHS OF OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing two (2) members to the Library Commission
and one (1) member to the Parks and Recreation Commission and direct the City
Clerk to administer the Oaths of Office.
City Clerk Ann Sullivan administered the Oath of Office to newly appointed Library
Commissioners Frances Lucas and Anya Iyengar. Newly appointed Parks &
Recreation Commissioner was not available to attend the meeting and will receive the
Oath of Office at a later date.
RESOLUTION NO. 09 - 026
MILLER/NAGPAL MOVED TO ADOPT RESOLUTION AS AMENDED
APPOINTING TWO (2) MEMBERS TO THE LIBRARY COMMISSION.
MOTION PASSED 5-0-0.
2. COMMENDATION HONORING DR. PHIL HARTLEY – PRESIDENT OF
WEST VALLEY COLLEGE
STAFF RECOMMENDATION:
Present commendation.
Mayor Page read and presented the commendation to Dr. Hartley.
3. PROCLAMATION HONORING “NATIONAL FOSTER CARE – MONTH
OF MAY 2009”
STAFF RECOMMENDATION:
Present proclamation.
Mayor Page read and presented the commendation to Foster Care families in
Saratoga.
SPECIAL PRESENTATIONS
4. RECOGNITION AND AWARD FOR REDUCTION OF PESTICIDE USE
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STAFF RECOMMENDATION:
Listen to a short presentation from Kelly Carroll, Manager of West Valley Clean
Water Program and receive IPM (Integrated Pest Management) Award.
Kelly Carrol, Manager of West Valley Clean Water Program gave a short
presentation regarding the Santa Clara Valley Urban Runoff Pollution Prevention
Program and presented the award to Mayor Page, Public Works Director John
Cherbone and Public Works Administrative Analyst Kristin Borel.
CONSENT CALENDAR
5. CITY COUNCIL MINUTES – MAY 6, 2009
STAFF RECOMMENDATION:
Approve minutes.
MILLER/NAGPAL MOVED TO APPROVE CITY COUNCIL MINUTES –
MAY 6, 2009. MOTION PASSED 5-0-0.
6. REVIEW OF ACCOUNTS PAYABLE
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
April 30, 2009
May 07, 2009
MILLER/NAGPAL MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES: APRIL 30, 2009 AND MAY 07, 2009.
MOTION PASSED 5-0-0.
7. PROSPECT ROAD MEDIAN NO. 11 DESIGN – ADDITIONAL FUND
APPROVAL
STAFF RECOMMENDATION:
Approve an Amendment to the Independent Consultant Agreement with Callander
Associates, Landscape Architecture, Inc. for additional design work and authorize the
City Manager to execute the same.
Councilmembers Hunter and Miller removed this item for clarification.
Public Works Director John Cherbone was available to answer questions posed by
Council.
Councilmember Hunter asked for clarification regarding the City of San Jose’s
request to change improvements to the Prospect Road Median amounting to $5,200.
Public Works Director Cherbone clarified the requested changes amount to $2,500.
In addition, Councilmember Hunter asked why the City of San Jose isn’t providing
funding to help pay for this project and for changes they are requesting.
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Director Cherbone replied that the agreement was that the City of San Jose would
agree to do the plan check at no charge and that their comments would have to be
adhered to or we would not be able to acquire an encroachment permit.
Councilmember Nagpal asked where the funding was coming from.
Director Cherbone responded from Capital Project funding.
Vice Mayor King asked if the City Council voted to approve this median knowing the
City of San Jose wasn’t providing any funding.
Director Cherbone responded yes.
Vice Mayor King asked if the City Council voted in the CIP to go ahead with the only
place that we have not improved medians in the City.
Director Cherbone responded that was his understanding that Council wanted to place
medians on Prospect where there weren’t any.
Councilmember Miller noted that this median would improve safety on Prospect as
well as improve the appearance. He asked if there was any way to compel San Jose to
provide a more timely feedback regarding Plan Check comments and changes.
Director Cherbone stated it was unfortunate that the requested changes were
submitted so late and that the City of San Jose’s Roadway Department was probably
the last department to see the plans and requested changes to have more roadway on
their side of Prospect; causing us to shrink the median size.
Councilmember Miller asked what amount was approved by previous Council.
Director Cherbone stated $150,000 – plus $50,000 in matched grants.
Councilmember Hunter noted that this specific section of the project is near the
Christa McAuliffe Elementary School; however, the entire median project is $3.3
million and she voted no on this project and will remain consistent by not supporting
this project until Saratoga receives funding support from the City of San Jose.
KING/MILLER MOVED TO APPROVE AN AMENDMENT TO THE
INDEPENDENT CONSULTANT AGREEMENT WITH CALLANDER
ASSOCIATES, LANDSCAPE ARCHITECTURE, INC. FOR ADDITIONAL
DESIGN WORK AND AUTHORIZE THE CITY MANAGAER TO EXECUTE
THE SAME. MOTION PASSED 4-1-0 WITH COUNCILMEMBER HUNTER
OPPOSING.
8. PROPOSITION 1B-LOCAL STREETS AND ROADS IMPROVEMENT
STAFF RECOMMENDATION:
Move to accept the second allocation of Proposition 1B-Local Streets and Roads
Improvement Street List and authorize staff to submit the list to the State Department
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of Finance for final approval.
MILLER/NAGPAL MOVED TO ACCEPT THE SECOND ALLOCATION OF
PROPOSITION 1B-LOCAL STREETS AND ROADS IMPROVEMENT
STREET LIST AND AUTHORIZE STAFF TO SUBMIT THE LIST TO THE
STATE DEPARTMENT OF FINANCE FOR FINAL APPROVAL. MOTION
PASSED 5-0-0.
9. TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3
APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT
AND JOE’S TRAIL AT SARATOGA DE ANZA PROJECT.
STAFF RECOMMENDATION:
1. Adopt resolution supporting the Metropolitan Transportation Commission’s
Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for
the Saratoga Avenue Walkway Project.
2. Adopt resolution supporting the Metropolitan Transportation Commission’s
Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for
the Joe’s Trail at Saratoga De Anza Project.
Councilmember Hunter removed this item for clarification.
Public Works Director John Cherbone was available to answer questions.
Councilmember Hunter asked if the Saratoga Avenue Walkway project would be a
sidewalk or a gravel path and will it affect parking on that specific side of the street.
Director Cherbone responded that it will be asphalt and parking will not be affected.
Vice Mayor King asked if we could ask Cupertino to join us in this request for future
phases of this project.
Director Cherbone responded that the PG&E right-of-way ends at Arroyo De
Arguello and continues off on its own and the railroad also goes off on its own. The
City of Cupertino had basically started this project but had to back out because of the
railroad right-of-way. The City of Saratoga was fortunate to have the PG&E trail
adjacent to the railroad right-of-way; which gave the City an advantage, and we
wanted to take advantage of the opportunity to include potential additional phases for
this project by applying for a grant.
Mayor Page noted that on the other side of Arroyo De Arguello there is an area up to
Prospect that is also in Saratoga and we could include that in this request in order to
help the scoring aspect. This section would go right up to the Cupertino border and
that would encourage their participation as well.
Director Cherbone stated they would try to add this extra segment to the application
before it is sent out on Thursday.
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RESOLUTION NO. 09 – 027
RESOLUTION NO. 09 – 028
NAGPAL/MILLER MOVED TO ADOPT 1) RESOLUTION SUPPORTING THE
METROPOLITAN TRANSPORTATION COMMISSION’S
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
PEDESTRIAN/BICYCLE GRANT APPLICATION FOR THE SARATOGA
AVENUE WALKWAY PROJECT; AND 2) RESOLUTION SUPPORTING
THE METROPOLITAN TRANSPORTATION COMMISSION’S
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3
PEDESTRIAN/BICYCLE GRANT APPLICATAION FOR THE JOE’S TRAIL
AT SARATOGA DE ANZA PROJECT AS AMENDED BY INCLUDING THE
ADDITIONAL SEGMENT BETWEEN ARROYO DE ARGUELLO AND
PROSPECT ROAD. MOTION PASSED 5-0-0.
10. ALLOCATION OF 2002 PARK BOND FUNDS FROM THE CITY OF
MONTE SERENO
STAFF RECOMMENDATION:
1. Adopt Budget Resolution authorizing the City to amend the Fiscal Year 2008-2009
Budget reflecting $40,000 in 2002 State Park Bond Act Funds from the City of Monte
Sereno.
2. Authorize City Manager to execute a Memorandum of Understating connected to
the transfer of 2002 State Park Bond Act Funds from the City of Monte Sereno.
3. Approve an increase to contract change order with B&B Landscape Contractors,
Inc. connected to the Kevin Moran Park Improvement Project in the amount of
$40,000.
Vice Mayor King removed this item for clarification.
Vice Mayor King asked Director Cherbone if Monte Sereno gave $100,000 to Los
Gatos.
Director Cherbone stated he did not know and that he would ask the Monte Sereno
City Manager.
Vice Mayor King also asked if we were doing plaques for each project and if Monte
Sereno would be noted on the plaques; and if they would be invited to the Kevin
Moran Park grand opening.
Director Cherbone noted we would be doing plaques and that he would confer with
Monte Sereno City Manager regarding jurisdictions noted on the plaques. He added
Monte Sereno would be invited to the grand opening.
Vice Mayor King also asked Mayor Page to send a “Thank You” note to Monte
Sereno for their $40,000 grant.
RESOLUTION NO. 09 – 029
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KING/MILLER MOVED TO 1) ADOPT BUDGET RESOLUTION
AUTHORIZING THE CITY TO AMEND THE FISCAL YEAR 2008-2009
BUDGET REFLECTING $40,000 IN 2002 STATE PARK BOND ACT FUNDS
FROM THE CITY OF MONTE SERENO; 2) AUTHORIZE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING CONNECTED
TO THE TRANSFER OF 2002 STATE PARK BOND ACT FUNDS FROM
THE CITY OF MONTE SERENO; 3) APPROVE AN INCREASE TO
CONTRACT CHANGE ORDER WITH B&B LANDSCAPE CONTRACTORS,
INC. CONNECTED TO THE KEVIN MORAN PARK IMPROVEMENT
PROJECT IN THE AMOUNT OF $40,000. MOTION PASSED 5-0-0.
11. HIGHWAY 9 SAFETY IMPROVEMENTS PHASE 2 & 3 – FORMATION OF
COUNCIL AD HOC
STAFF RECOMMENDATION:
Appoint Council Members Miller and Nagpal as Council Ad Hoc to participate in a
Joint Council Committee with the Town of Los Gatos and the City of Monte Sereno
for Phases 2 & 3 of Highway 9 Safety Project.
MILLER/NAGPAL MOVED TO APPOINT COUNCIL MEMBERS MILLER
AND NAGPAL AS COUNCIL AD HOC TO PARTICIPATE IN A JOINT
COUNCIL COMMITTEE WITH THE TOWN OF LOS GATOS AND THE
CITY OF MONTE SERENO FOR PHASES 2 & 3 OF HIGHWAY 9 SAFETY
PROJECT. MOTION PASSED 5-0-0.
Councilmember Nagpal asked if NEW BUSINESS items number 13, 14, and 15 on
the agenda could be brought forward for discussion at this time.
Council concurred to move NEW BUSINESS items 13, 14, and 15 forward for
discussion.
Mayor Page declared a 5 minute break at 8:35 p.m. before proceeding on to Item
number 12 – Public Hearing for Fiscal Year 2009/10 Proposed Operating & Capital
Budget.
Mayor Page reconvened the meeting at 8:40 p.m. to hear Item number 12.
PUBLIC HEARINGS
12. FISCAL YEAR 2009/10 PROPOSED OPERATING & CAPITLAL BUDGET
PUBLIC HEARING
STAFF RECOMMENDATION:
Conduct a public hearing on the proposed FY 2009/10 Operating & Capital Budget,
and provide direction to staff for budget adoption on June 3, 2009.
Finance Director Mary Furey presented the staff report.
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Council proceeded to discuss the proposed budget.
Vice Mayor King asked that data be included with all charts and noted there is no
mandated policy regarding the 65% recovery rate for Recreation Department..
City Manager Anderson noted that during the budget hearing last year he asked
Council to establish budget policy that staff could use as a frame-work to build future
budgets as there was no policy in some areas. The policy on 65% cost recovery for
the Recreation Department was one of them, referring to page 1-18 in last year’s
budget.
Councilmember Miller requested a Point of Order on the policy issue and asked if this
could be written down for discussion and resolved this evening.
Mayor Page noted that could be done, however, it was his recollection that Council
did vote on this issue as policy and that it was built into the policy document when
Council approved the budget last year, adding that you don’t approve one-time
policies – you approve a policy going forward.
Councilmember Miller stated that his Point of Order was to record this request so that
Council would have this discussion later as other members of the Council would like
to voice their comments on what the “policy” is going to be for this year.
Councilmember Nagpal asked for clarification regarding Equipment Replacement and
IT Replacement costs for $66K.
Ms. Furey noted the $66K is for planned IT replacements, such as laptops, network
systems, etc.
City Manager Anderson noted that there are four IT projects and two of them would
have to go before Council for approval and two would not – and proceeded to list the
budgeted projects to increase reliability:
o $100K – to replace a 16 year-old telephone system.
o $25K – possible networking cable upgrade
o $30K - IT Emergency back-up power system
o $20K – for IT Server room climate control
City Manager Anderson added that after a certain amount of time, items such as the
electrical system, the air conditioning system, and the telephone system need to be
replaced to insure reliability.
Director Furey added that the current phone system will no longer receive technical
support by the end of 2010; replacement parts are difficult to find and costly to
replace.
City Manager Anderson stated that if Council approves this item, they are only
approving the allocation in the budget, not a vendor to provide a new phone system.
Additionally, the $100K phone system would have to go through the normal
procurement process where staff would be required to get competitive bids, etc.
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Mayor Page added that Council is being asked to approve a budget where we are
budgeting funds for projects; it doesn’t necessarily mean these budgeted items will be
implemented.
Mayor Page opened the Public Hearing for comment.
No one was present to speak on this item.
Mayor Page closed the Public Hearing.
Councilmember Miller thanked staff for compiling all the budget information and
decreasing the budget by $1 million.
Fund balance comments:
Ø Council has to be clear where we make our investments – $500K of fund
transfers seems very logical - $250K for Mid Peninsula, the Development
Fund and the Environmental Fund;
Ø Expressed concerns about the IT budget – if the current phone system goes
out of service in 2010 we should have a mechanism in place to get through
that;
Ø Some items in the IT budget need to be addressed such as the IT emergency
backup system and the phone system;
Ø Policies need to be addressed.
Ø Questioned the $36K Lobbyist expense;
Ø City Attorney’s budget – should budget actual amount of money we expect to
spend this year and bring back to Council if we think we will need the extra
funding for litigation if and when needed;
Ø Okay with most areas of this budget – would like to hold onto reserve funds;
Ø Need to come up with $200K – 250K to put complete General Fund in
balance.
Councilmember Nagpal thanked staff for all their hard work compiling the budget.
Fund balance comments:
Ø Would like to close the gap – some items need to go back into undesignated;
Ø Lobbyist expense – may need more information;
Ø Legal costs – fund what we spent last year and have Council discussion if
additional issues come up;
Ø Policy issues need additional discussion;
Ø Would like additional Council discussion regarding IT issue – hesitant to
spend that much money on new phone system at this time;
Ø Community Development Department – would like a monthly report –
establish mechanism for this;
Ø Overhead costs for City Manager’s department – need to look at on an on-
going basis;
Ø Would like additional discussion regarding staff cuts with respect to service
level at a later date – would not need to wait until the next budget cycle;
Ø For most part does support the proposed budget.
Vice Mayor King noted her appreciation for all the work everyone put into the
proposed budget.
Fund balance comments:
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Ø Eliminate Lobbyist expense;
Ø Need to make more major cuts:
Ø Prefers not reducing the General Fund by $397,223K;
Ø Concerns about the 65% recovery rate for Recreation Department;
Ø Concerns regarding the 100% cost recovery rate for Community Development
Department;
Ø Concerned about increased staffing in City Manager’s Department;
Ø Would like to see $500K cut from the Recreation Department.
Councilmember Hunter thanked staff and Council for the hours put into bringing
forth a good budget.
Fund balance comments:
Ø Feels this is a solid budget considering the state of the economy;
Ø Does not support cutting $500K from Recreation Department;
Ø Cannot consider getting rid of Recreation Department;
Ø Agrees with eliminating some of the recommended expense items such as
Lobbyist and some of the proposed IT items;
Ø Does support the budget.
Mayor Page thanked all staff for all their hard work and efforts in preparing the
proposed budget.
Fund balance comments:
Ø We are experiencing something in the economy that none of us have ever
experienced before;
Ø Noted that it takes several months of knowledge to know that there is a trend
occurring;
Ø City is so small that one project in the CDD can turn the trend in the opposite
direction;
Ø Avoided using Economic Uncertainty Reserves with the proposed budget;
Ø Will use funds that have been built up over time;
Ø Council needs to provide a set of policies for staff to work with going
forward;
Ø Staff put this budget together with policies that are currently in place;
Ø Agrees that we probably don’t need Lobbyist;
Ø Supports reconsideration of some IT budget items – look at each line item;
Ø Supports looking at CIP list to see what is not fully funded and maybe
reallocate those monies somewhere else;
Ø Does not support funding any new CIP projects unless they are projects that
will lower operational costs;
Ø If we do want to change polices, we need to define them early;
Ø Need to be cautious about micro-managing and trust staff by giving them clear
policy;
Ø Staff presented a balanced budget with some cuts and without touching
Reserves.
Mayor Page suggested Council address the policy issues that were raised.
Councilmember Nagpal stated she is willing to leave things the way they are for this
budget cycle and would like an opportunity to discuss additional policy issues at a
later date prior to the next budget cycle.
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Councilmember Miller noted that he was not ready to commit to policies for future
budgets before they have had a comprehensive discussion regarding the noted issues.
In addition, he noted that he is okay with Recreation Department at 65% cost
recovery on the proposed budget and with the 100% cost recovery rate for
Community Development Department. He added that Council should have a real
policy discussion and a vote at the next Council Retreat or at a Study Session.
Vice Mayor King stated she could not accept this budget at 65% cost recovery rate
for Recreation Department and doesn’t agree that there was a policy put in place last
year.
Councilmember Hunter pointed out that there are areas in the Community
Development Department that are not going to be covered in the recovery rate – such
as Code Enforcement.
Vice Mayor King stated she would like to have the percentage discussion tonight.
Councilmember Nagpal stated she felt Council needed more data regarding how the
percentage translates into dollars and services and doesn’t feel like she has that
information now; adding that Council may want to schedule their retreat earlier than
January in order to have the discussion. Councilmember Nagpal added that she
understands this is an issue; however, she noted we have a proposed balanced budget
before us and could support this budget now.
Mayor Page stated he supports either adopting this budget now or Council should
schedule a Study Session to address specific areas; however, he didn’t feel they
would be able to cut another $500K in the Recreation Department.
Councilmember Nagpal agreed that $500K was a pretty large number to cut from the
proposed budget and asked if Council could possibly identify other expenses to cut
such as the lobbyist expense.
Councilmember Miller stated that he believes a steadfast approach is prudent; a
million dollars has been trimmed from the budget, but noted he would feel more
comfortable if they could cut another $200K – $250K. He suggested going through
the list and trim additional items such as the lobbyist and the city attorney budget,
which totals $136K; and that there may be additional items such as the telephone
system, however, he believes a new phone system will be needed soon so that $100K
shouldn’t be included.
Vice Mayor King supported removing the lobbyist expense.
Mayor Page voiced a concern about reducing the attorney’s budget.
Councilmember Nagpal noted she would prefer removing the telephone system for
now and address the issue if it becomes necessary to replace it this year or not; and
she would like the budget evaluation mechanism put in place.
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Mayor Page noted the budget evaluation mechanism would be put in place and added
he would also like to eliminate the $8,500 for Comcate services.
Councilmember Miller noted that he was okay with holding off on the telephone item
until more research has been done, including proposals; however he would not
support holding off on the backup system.
City Manager Anderson noted the emergency backup system and the server climate
control is part of the $175K; the tape backup is part of the Capital.
Mayor Page noted the additional proposed cuts:
o $125K – from IT Equipment Replacement Fund to the Capital Improvement
Administrative Project funds to defer upgrading the phone system and
network cabling systems.
o $36K – Lobbyist services eliminated from Operating Budget.
o $50K – Reduction from attorney services to be in line with prior year actual
expenditures.
o $8,500 – Comcate services eliminated from IT budget.
Total proposed additional cuts from budget – $219,500.
Councilmember Miller stated he would like to move that Council adopt the proposed
budget with the additional $219K cuts.
Vice Mayor King noted that she would not support this budget.
Councilmember Miller asked to withdraw his motion and proceeded to ask Vice
Mayor King if it was the $500K or the policy issue with the Recreation Department
that she wasn’t comfortable with.
Vice Mayor King responded that it was both items and that she wasn’t willing to wait
until January to discuss the Recreation Department issue during the Council Retreat.
Councilmember Miller noted that he agreed that Council wouldn’t have to wait until
January to discuss the policy issue; however we have a budget before us that we can
adopt and that would include a scheduled study session to discuss policy issues. He
added, for the record, that the bulk of the budget for the Recreation Department is in
the summer; the catalogs are public and we are already committed, so that has to
continue for this year whether we want to change the policy tonight or not. If we
want to change that policy we need to start in late summer or early fall and determine
the policy for next year. He noted that if we schedule a study session in June and we
agreed on some method to make Recreation Department 100% - the summer catalog
has already been out for months and the 65% factor has already been built in as far as
determining the fee schedule for this budget.
Councilmember Miller stated he would like to bring his motion back and move that
Council adopt the proposed budget with the recommended additional budget cuts of
$219K from the noted items.
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Councilmember Nagpal noted she would like to add an amendment to include the
development of some method of forecasting trends on an on-going basis and reporting
the information to Council.
Mayor Page noted that has already been agreed upon and the Finance Committee
could implement a forecasting method and provide that to Council on a regular basis.
City Manager asked for a Point of Information and asked Councilmember Miller to
re-phrase his motion to say that Council is directing staff to put together a budget
with the specified changes to be adopted at the next Council meeting on June 3rd.
DIRECTION TO STAFF:
o Schedule a study session as soon as practical to review policies regarding cost
recovery objectives in the Recreation and Community Development
Departments;
o Staff report and budget adjustment request be brought back to Council after IT
completes preliminary system assessment work for further consideration of
these projects;
o Staff to notify Council if the attorney’s budget is approaching the
appropriation limit;
o Reduce Recreation Department’s revenue and expenditure budget to reflect
the downsizing of customer demand and to incorporate additional efficiencies
into future class offerings;
o Schedule mid-year budget evaluations annually during month of January.
MILLER/HUNTER MOVED THAT STAFF BRING BACK A FINAL BUDGET
FOR ADOPTION AT THE JUNE 3, 2009 COUNCIL MEETING
REFLECTING ADDITIONAL CUTS OF $219K AND THE ONE-YEAR
POLICIES THAT HAVE BEEN PUT INTO PLACE. MOTION PASSED 4-1-0
WITH VICE MAYOR KING OPPOSING.
OLD BUSINESS
NONE
NEW BUSINESS
13. CO-SPONSORING THE SISTER CITY 25TH ANNIVERSARY USE OF CITY
FACILITIES
STAFF RECOMMENDATION:
Assist the Sister City 25th Anniversary celebrations by co-sponsoring the rental of
City of Saratoga facilities.
City Clerk Ann Sullivan presented the staff report and noted that the correct amount
for waived fees would be $675 not $900 as indicated in the staff report.
Mayor Page invited comments from the public.
The following speakers were in support of the request to have the City co-sponsor this
event and assist with the cost associated with rental of the facilities:
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Peter Mara
Dick Rossman
Nancy Kirk
Mayor Page asked if fund raising was a possibility to help off-set the cost of this
event.
Peter Mara stated that the Sister City Committee conducts fund raisers every year to
supplement the scholarship program for the exchange students traveling to Muko Shi
Japan.
Mayor Page closed the public comment.
Councilmember Hunter stated she would support Council co-sponsoring this event.
Vice Mayor King asked where would the funding come from to co-sponsor this event.
City Manager Anderson noted the funds could come out of Council’s $50,000
Discretionary Fund from next year’s budget.
Mayor Page noted Council could also take this out of the Community Events budget.
Councilmember Miller stated he would prefer using Council’s Discretionary Fund.
NAGPAL/HUNTER MOVED TO ASSIST THE SISTER CITY 25TH
ANNIVERSARY CELEBRATION BY CO-SPONSORING THE RENTAL OF
CITY OF SARATOGA FACILITIES AND PROVIDE FUNDING OF $675 TO
BE TAKEN OUT OF NEXT YEAR’S COUNCIL DISCRETIONARY FUND.
MOTION PASSED 5-0-0.
Vice Mayor King asked that the City be recognized as a co-sponsor on program
literature for that event.
Mayor Page noted the Discretionary Fund balance for next Fiscal Year would start
out with $49,325.
14. CITY OF SARATOGA COMMISSION HANDBOOK
STAFF RECOMMENDATION:
Accept report and approve the revised Commission Handbook.
Administrative Analyst Crystal Morrow presented the staff report.
Councilmember Hunter noted it was a wonderful handbook and asked if the City’s
Vision Statement was available anywhere for Council’s viewing.
Ms. Morrow noted the Vision Statement is included in the handbook.
City Manager Anderson noted it is also on the City Website.
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Vice Mayor King asked if commissioners were required to sign a document noting
they have received this when they are appointed to a commission.
City Clerk Sullivan noted she would make provisions for this.
NAGPAL/MILLER MOVED TO APPROVE AND ACCEPT THE REVISED
COMMISSION HANDBOOK. MOTION PASSED 5-0-0.
15. APPOINTMENTS TO OUTSIDE AGENCIES/COMMITTEES
REPRESENTING THE CITY OF SARATOGA
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
City Clerk Ann Sullivan presented the staff report.
Council discussed the agency/committees and made the following recommendations:
o Mayor or Mayor’s designee be the authorized person appointing
representatives to serve on the four outside agency/committees.
o List the four outside agency/committees on the Commission page of the City
Website along with the contact information of the representatives serving on
these committees.
o Commission application form include information regarding FPPC Form 700
and that applicants, with the exclusion of the Youth Commission, will be
required to complete this form if they are appointed to serve on a commission.
In addition, Council suggested a Commendation thanking Betty Feldheim for her
years of service on the Housing & Community Development Advisory Committee.
City Attorney Richard Taylor noted Council could direct staff to bring this direction
forward in the form of a Resolution as a consent item on a future Council meeting
agenda.
NAGPAL/KING MOVED TO ACCEPT REPORT DIRECTING STAFF TO
BRING THIS ITEM FORWARD IN THE FORM OF A RESOLUTION AS A
CONSENT ITEM ON A FUTURE COUNCIL AGENDA NOTING
COUNCIL’S RECOMMENDATIONS. MOTION PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page - reported
Hakone Foundation Executive Committee – met and things are moving forward.
Valley Transportation Authority PAC – met and received an update on Express Lanes –
this project is moving forward
West Valley Sanitation District – going through budget cycle; second hearing next week;
no proposed rates this year, however there may be a small rate increase next year and
then four additional years after that.
Vice Mayor Kathleen King – had nothing to report
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Councilmember Jill Hunter – reported:
Historical Foundation – attended a very nice dinner with members of the Historical
Foundation at the Paul Masson party house; discussed the budget.
Library Joint Powers Association – she will spend 8 hours with the Library group next
Thursday questioning polsters who will be poling citizens that visit the library.
Councilmember Howard Miller - reported
Chamber of Commerce – continues to work to resolve their issues; interested in seeing
what new businesses will be coming into the Village.
KSAR – thanked staff for PEG fees; starting their interviews for high school interns from
the CDBG grants
Santa Clara County Emergency Council – cancelled their meeting due to Swine Flu
discussions.
West Valley Solid Waste Joint Powers Association – did implement rates for next year; 40
gal can 40 cents increase; the dump has a minimum of 20 more years before it reaches
capacity, however the diversion rate grows each year and is now at 68% and encouraged
everyone to recycle more.
Councilmember Susie Nagpal – had nothing to report
CITY COUNCIL ITEMS
Vice Mayor King – would like to agendize having a Finance Commission reinstated.
Councilmember Miller – would like to schedule a study session in August to discuss City
finance policies starting with the 65% issue in the Recreation Department and 100% issue
in Community Development Department for next year’s budget cycle.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no additional business, Mayor Page asked for a motion to adjourn the
Regular Meeting.
MILLER/NAGPAL MOTIONED TO ADJOURN THE REGULAR MEETING AT
12:05 A.M. MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
47
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Budget Study Session Minutes – May 11, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for May 11, 2009 Budget Study Session meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from May 11, 2009 Budget Study Session meeting.
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MINUTES
SARATOGA CITY COUNCIL BUDGET STUDY SESSION
MAY 11, 2009
Mayor Page called the Budget Study Session meeting to order at 6:00PM.
ROLL CALL
PRESENT: Councilmembers:
Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen
King, Mayor Chuck Page,
ALSO
PRESENT:
Dave Anderson, City Manager
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works REC
John Livingstone, Community Development REC
Ann Sullivan, City Clerk
Monica LaBossiere, Human Resource Manager
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 5, 2009
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of May 11, 2009, was properly posted on May 8, 2009.
COMMUNICATIONS FROM PUBLIC
Priscilla Ho addressed the Council regarding Planning Commission appeals of proposed house
designs and how information is acquired and stated.
ORAL COMMUNICATION and COUNCIL DIRECTION TO STAFF
None
Mayor Page noted tonight’s Budget Study Session is informational only, for Council, staff and
the public to better understand the budget process.
City Manager Dave Anderson began the meeting by providing an overview of this budget
season. He stated the General Fund forecast indicated a decrease in revenues, primarily from
decreased development activity and that this could continue for some time. He also noted
concerns that the State could suspend Proposition 1A enabling them to take funds from the City
to help the State balance its budget.
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In addition City Manager Anderson noted:
Ø Significant drop in revenue in CDD and Recreation since October 2008.
Ø Budget assumption is to take the projections between last October and now, project those
figures forward; this would be the new revenue base line until the economy turns around.
Ø General Fund is relatively stable due to slight increase in property taxes as opposed to the
two fee-for-services departments.
Ø Have seen some drop in sales tax and Transient Occupancy Tax (TOT).
Ø During this time we have had normal cost increases, and increases in Public Safety and
Parks due to new facilities coming on line. (Fellowship Hall at the North Campus and
Kevin Moran Park improvements)
City Manager Anderson also noted steps have been taken to reduce operating costs by
implementing the following:
Elimination of some staff positions and reductions in hours worked:
Ø Community Development Department
o Planner
o Building Inspector
Ø Recreation Department
o Recreation Coordinator
o Account Clerk Reduction to .25 FTE
Ø Office of City Manager
o Executive Assistant Reduction to .25 FTE
Other Reductions:
Ø Reduced Internal Services Fund charge-backs.
Ø Community Development Department consulting contract services.
Ø Closing the Community Development Department counter every Friday.
Ø Reduction in Recreation excursion trips.
Ø Some youth activities.
Ø Reduced city-wide operating expenses whenever possible (including those in the General
Fund) in order to compensate for increases.
City Manager Anderson concluded by noting the implementation of these actions has reduced
the FY09/10 operating budget by $450K.
Administrative Finance Services Director Mary Furey provided a brief overview of the proposed
budget.
Councilmember Nagpal asked how the fee for service allocation for Community Development
and Recreation Departments were derived.
Administrative Services Director Furey explained that Community Development Department is a
cost recovery basis because the City provides services for businesses and homeowners.
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City Manager Anderson added that two years ago we implemented the Advance Planning fee,
and the General Plan fee in recognition that not all activities of the department are directly
related to development applications; that some activities of the department benefit development
in general; and as development of the General Plan, zoning codes and other ordinances.
Vice Mayor King inquired about the Recreation Department cost recovery.
City Manager Anderson replied Council adopted this policy last year in conjunction with the
FY2008/09 budget.
In FY2008 the Recreation Department noted that a survey of several other cities indicated that a
65% fee recovery rate was a reasonable benchmark. Council adopted the policy, which was
included in the “Budget Policies” section of the FY2008/09 budget, and was used as a
benchmark in developing the current budget proposal.
Discussion continued regarding expenditures and income.
Vice Mayor King asked if we are spending more than we are taking in.
City Manager Anderson stated not in operations; we have a balanced budget in operations.
Vice Mayor King noted that we have always had money left over that went into Capital
improvements in the City.
City Manager Anderson stated that staff generally doesn’t forecast surplus funds in the budget;
these funds have been the results of under estimating revenues and over estimating expenses
each year.
Vice Mayor King asked who decided to put these funds into this new Economic Stability Fund.
City Manager Anderson stated that was recommended by the Finance Committee.
Vice Mayor King asked where the $2.2 million went?
Mayor Page responded that $200K went to repay the Economic Uncertainty borrowing; $750K
for three to four years of Economic Litigation; $500K allocated to CIP projects – leaving a
remaining Undesignated Fund Balance of $516K.
Vice Mayor King asked about the Economic Mitigation Account.
Mayor Page noted that based upon the analysis of the Finance Committee and the uncertainty of
the economy there was a recommendation to create a savings account in order to maintain our
operating expenses.
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City Manager Anderson noted there is a strong possibility that the bond issues will not pass in
the upcoming election and the governor may suspend Measure 1A and begin taking part of our
property tax revenue - $650K for next Fiscal Year. Council needs to provide direction as to how
we cover that revenue loss.
Vice Mayor King noted we usually cover that from the Economic Uncertainty Fund.
City Manager Anderson responded that real issue is that somewhere in the budget we need a
buffer account to cover that $650K so that it will be paid back over the next three years, as
required by the State Constitution. He added that we’ve always been fiscally prudent and never
have taken funds out of the Economic Uncertainty Fund and as a result he doesn’t count on that
fund for this type of situation.
Vice Mayor King responded that you can cut the budget more.
City Manager Anderson noted that is what we have already done by implementing cutbacks and
inquired how Council would fund this if the State takes an additional $650K.
Councilmember Miller asked which additional positions would be cut.
Vice Mayor King noted that we have seven and a half people that are temps and that accounts for
13% of your budget.
City Manager Anderson responded that if that is what Council recommends we can do that;
however, it doesn’t cover the $600K difference.
Councilmember Hunter commented that the cuts have been done appropriately for this year.
Vice Mayor King noted that in the past we have been very conservative by cutting staff and have
not taken it out of funds that was left over for Capital Improvement.
Councilmember Miller noted that only $25K has been taken out of Capital Improvement Funds
to pay for operations.
Councilmember Nagpal asked that by placing money into the Economic Mitigation Fund, are we
saying that you can use it for operations.
Mary Furey noted that Council would have to approve the use of those funds.
Vice Mayor King suggested not adding a new column in the budget called Economic Mitigation
Fund.
Councilmember Hunter noted that part of the problem is that we don’t have a Finance
Commission with citizenry discussion and involvement in the finance meetings.
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Councilmember Miller noted the Finance Committee meetings are noticed public meetings
where the public can provide input.
City Manager Anderson stated Council can change this proposed budget anyway they prefer and
put all the funds into the CIP or keep it as undesignated. The real issue that we have to address is
Measure 1A and the likely hood that the budget will be out of balance by $650K in three weeks;
we need direction from Council on how to address this.
Vice Mayor King stated when we borrow from the Economic Uncertainty Fund it is to be paid
back in three years.
City Manager Anderson noted that we could use the Economic Uncertainty Fund the way it was
intended to be used and Council can decide what they want to do with the fund balance issues
separately.
DIRECTION TO STAFF:
o Use the Economic Uncertainty fund if State suspends Measure 1A and pay it back
over the next three years with repayments from the state as required by the Sstate
Constitution.
FURTHER DEPARTMENTAL ITEMS NOTED:
City Council Office:
Councilmember Jill Hunter questioned the department’s spending on food for meetings prior to
council meetings.
City Manager Anderson explained that the funds are spent on food as a result of the timing of the
meetings (the meetings are scheduled prior to City Council meetings, which occur at “dinner-
time). City Manager Anderson said it’s fiscally beneficial for the City to provide the food so the
staff and City Council can be productive during this period; otherwise everyone would have to
interrupt work to go to find a meal. The cost of the meal is more than made up for in increased
productivity. (He also noted that City Hall does not have any restaurant options close by to run
out and get something to eat quickly).
Council Members confirmed that they are supportive as long as the food is ordered in Saratoga.
Vice Mayor King requested that Administrative Services Director Mary Furey provide an in
depth description of the internal services charges to the department (to assure the department
isn’t charged for something they shouldn’t be paying for) as well as an explanation in variations
of charges within the departments.
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City Manager’s Office:
City Council requested a breakdown of expenditures in the City Managers Department regarding
all department personnel expenditure increases from FY05-06 to present.
Note: The Human Resource Division (HR) has had HR temporary assistance since FY03-04;
and the history of hours budgeted for FY05-06 and FY06-07 for HR temporary assistance
services were not included (see pages C-29 and B-27). Staff researched this and discovered that
the hours were charged to a “general fund account” that the previous Administrative Services
Director budgeted for temporary hours but had not included this in the published budgets in
FY05-06 and FY06-07. The budget has been updated to reflect the actual hours used for Human
Resources Assistance in FY05-06 and FY06-07.
Councilmember Nagpal asked if we are we willing to reduce services.
Councilmember Miller commented that, “at some point”, the Council needs to have a discussion
on how it can transition to a more minimum services City.
Community Development Department :
In light of the economy and its impact on the department’s revenue, Council recommended staff
implement a process that provides “real time” revenue information; tracking revenues and
expenditures monthly, following trends and using statistical analysis for revenue forecasting.
In addition, Council asked that they be informed of the financial status of the Community
Development Department on a regular basis and to be informed immediately of any anticipated
or unexpected dips in revenue.
Public Works Department :
Council requested staff to prepare a very brief information sheet that Council Members can hand
out to citizens highlighting the City’s top 5 or 6 CIP Projects, including the funding source(s) for
each project.
Council inquired about the proposed decrease in expenses for Code Compliance.
City Manager Dave Anderson explained to Council that Code Compliance over-time hours will
be decreased.
Mayor Chuck Page noted we need to give it a try and see how the reduction in over-time works
out.
Director Cherbone added that he will work with Director Livingstone to manage the over-time of
the Code Compliance Specialist.
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If the reduction in over-time expenses results in the City not meeting its needs on the weekends,
the issue could be resolved by the following suggestions:
o Alternating the Code Compliance Specialist’s schedule as needed to avoid over-time
scheduling.
o Assign an alternative position to address park user issues on the weekends as needed
(parks department staff was suggested).
o Councilmember Hunter reminded Council that the Sherriff’s Office can be called.
o City Manager Anderson noted the issue can be re-evaluated mid-year if need be.
Council requested staff to schedule a CIP meeting to discuss the year-end disposition of prior
year-end fund balance of 1.2 million ($500,000 undesignated; $725,000 economic mitigation
reserve and to review the existing Capital Improvement projects.
Public Works Director Cherbone confirmed that there would be no solicitation of new projects;
only a discussion of current projects.
Finance and Administrative Services Department :
City Council requested that the budget include significantly more footnotes in order to follow the
information presented more clearly as well as capture history, when applicable.
Council requested a breakdown of the IT projects that are currently being budgeted for.
DIRECTION TO STAFF:
· Schedule a CIP Study Session in June.
· Put a mechanism in place that provides “real time” revenue information; tracking
revenues and expenditures monthly, following trends and using statistical analysis for
revenue forecasting.
· Keep Council informed of the financial status of the department on a regular basis and
inform them immediately of any anticipated or unexpected dips in revenue.
The Budget Study Session meeting concluded at 10:30 p.m.
Respectfully submitted,
Ann Sullivan
City Clerk
55
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: CUP Study Session Minutes – May 5, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for May 5, 2009 CUP Study Session meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from May 5, 2009 CUP Study Session.
56
1
MINUTES
CUP JOINT STUDY SESSION
SARATOGA CITY COUNCIL & SARATOGA PLANNING COMMISSION
MAY 5, 2009
Mayor Page called the Joint Study Session meeting to order at 6:30PM.
ROLL CALL
PRESENT: Councilmembers:
Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen
King, Mayor Chuck Page,
Planning Commissioners:
Yan Zhao, Linda Rodgers, Mary-Lynne Bernald, Joyce Hlava,
Doug Robertson and David Reis
ABSENT: Manny Cappello
ALSO
PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Ann Sullivan, Acting City Clerk
John Livingstone, Community Development Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 5, 2009
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of May 6, 2009, was properly posted on April 30, 2009.
COMMUNICATIONS FROM PUBLIC
No one requested to speak at this time.
ORAL COMMUNICATION and COUNCIL DIRECTION TO STAFF
None
JOINT MEETING AGENDA ITEM:
1. Review Requirements for Businesses that are Permitted or Conditional Use
John Livingstone presented the staff report.
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Director Livingstone explained the differences between uses requiring Conditional Use Permits
(CUP) and a Permitted Use and added that Council has expressed an interest in reducing the cost,
time, and uncertainty of obtaining a Conditional Use Permit. In addition, as a result of this
concern, Council has already taken steps to address some of these concerns by creating an
incentive program that will reimburse applicants for the cost of applying for Use Permits that are
considered important to the community; which are one of each:
Ø Family Style Restaurant
Ø Bakery
Ø Grocery Store
Ø Wine Tasting
Ø Ice Cream or Yogurt Store
Ø Arts & Crafts Instructional Activities
Ø Undesignated
Director Livingstone noted that this evenings meeting would address whether or not some uses
that require Conditional Use Permits should be changed to permitted uses. He added that once
you designate a Conditional Use as a Permitted Use you will lose some of the control over the
use.
Mayor Page added that the purpose of this meeting is to determine which of the conditional use
permit places on the list should be allowed to be a permitted use, which would save applicants
$4,700 in CUP fees.
Mayor Page invited members of the Council and Commission to address any concerns they have
regarding this issue.
The following issues were raised:
Councilmember Miller:
Environmental Impact Review
Zoning Districts
Mixed Uses
Businesses that provide vehicle oil changes
Councilmember Hunter:
Prefers a logical pattern to businesses in commercial districts
Councilmember Nagpal:
Administrative Design Review process; how far along is this and will it shorten the process
(Director Livingstone noted that the Administrative Review process is ready to go before
a public hearing.)
Commissioner Hlava:
Outdoor motor vehicle sales
Regulation Summary regarding storage facilities in specific zones
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Planning Commission has concerns regarding facilities that serve alcohol; need to have some
control over alcohol being served
Commissioner Robertson:
Administrative Review process and transition of staff
Commissioner Rodgers:
Suggested improving parking signage to make it more appealing to newcomers to the Villages
Yan Zhao:
Instead of subsidizing a new business, why not loan them the CUP fees and have them pay it
back in a year or so; we aren’t giving existing businesses money.
PUBLIC INPUT:
The following people requested to speak:
Marilyn Marchetti:
o Supports keeping the Conditional Use Permit; easy to provide and difficult to control it if
it is a permitted use.
o Make the Chamber of Commerce a Permitted Use
Kristin Davis:
o Supports tutoring businesses with some conditions on second floor of building and
behind main street frontage on the first floor.
o Existing Conditional Use Permit process is too long and uncertain.
Scott Anderson:
o Voiced concern about the amount of time it takes to get CUP (3-6 months).
o Supports entire Incentive CUP list – in existing structures.
Cheriel Jensen:
o Supports entire Incentive CUP list – in existing structures.
o Does not support a Jamba Juice.
o Alcohol/bar business to scale – should be a CUP within specified amount of feet from
residential area – build in thresholds.
o Shorten length of time it takes to get CUP.
o Supports new building size of 3,000 square feet as permitted use.
Maryilyn White:
o Supports shuttle bus service.
Paul Hernandez:
o Consider valet parking on Oak Street School District.
(Mayor Page noted Valet Parking is already available.)
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o Asked if a study has been done regarding the availability of commercial square foot
parking in the Village.
(Mayor Page noted a study had been conducted on a Thursday and Saturday evening and
it was determined that approximately 85% of available spaces were used and there is adequate
parking available.)
Emily Lo:
o Supports permitted use for entities like the Chamber of Commerce.
o Review the permitted use businesses every two years – some businesses are market
driven.
o City should do all they can to make people aware of additional parking in back of
business establishments.
o Doesn’t feel it is fair to compare the Village with other shopping areas regarding parking
and walking distance to other shops.
o Visitors that are new to the Village are not familiar with the parking districts.
Lillian Benson:
o Would like to see a public restroom in the Village.
o Opposes some of the Incentive CUPs.
o Would like to see a grocery store.
Vice Mayor King asked if the CUP Incentive list could be set up as a 2-year moratorium.
Planning Commissioner Reis suggested limiting the number of specific types of business, i.e.,
have it be a permitted use up to a certain point and then it has to be conditional.
Vice Mayor King inquired about environmental impact reports.
Community Development Director Livingstone noted that would depend on the scope – if you
want to do all the businesses that are on the Incentive CUP list.
City Attorney Richard Taylor noted the more you do the more time it will take and
recommended Council and Planning Commission first think about what they intend to do; if it is
good policy for Saratoga, and the type of constraints; adding that this would make Director
Livingstone’s task much easier. The Planning Commission could hold several more study
sessions and come up with a proposed ordinance. Most of the environmental reports could take
six months to do and 70% of the problems could be taken care of during the public process.
Limit scope of environmental review by not building anything new – you are simply changing
what goes into the space with a limited number per zoning district.
SUMMARY:
Vice Mayor King:
o Look at all items on CUP list – excluding undesignated.
o Supports new buildings up to 3,000 square feet.
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o Supports permitted tutorial on second floor and back area (not ground floor facing front).
o Okay with tutoring, arts and crafts, instructional activities.
o Review after 2 years.
Councilmember Hunter:
o Not in favor of tutoring.
o Does not support Yogurt or Ice Cream store.
o One applicant/one incentive.
o Supports up to 4,000 square feet on new building.
o No opinion on second floors.
o Should wait and see how Administrative Review Process works.
o 2-year review.
(Noted the landlords are taking steps to help the Village by lowering rental rates)
Councilmember Miller:
Noted that the goal is to determine the lay of the land for the next 20 years and that doesn’t mean
you have to put everything on a list. He added that we would like a grocery store, but does that
mean we allow all grocery stores to be permitted uses forever – such as a 7-11?
o City should have a long-term vision and should work on a city ordinance that lasts
forever; not good legislative planning that may change in two years.
o Come up with a narrow focus list that is going to be the vision for the community for a
long time.
o Supports city ordinance for sub division – not the sun-setting clause.
o Likes the CUP process, but need to make it more approachable.
o Would like to see the results of the Administrative Review process first.
o Doesn’t support a 2-year moratorium.
o Oil change issue – every city should take responsibility to manage it; should be able to
make this work in Saratoga.
o Supports permitted tutoring; determine building size or use by total number of people
using the service.
o Businesses that attract more than 50/100 customers per day would need permit – makes it
easier to deal with environmental impact issue.
o Supports any business that doesn’t impact traffic.
o Supports new building size up to 3,000 sq. ft.
o No opinion on second floor.
Councilmember Nagpal:
o We are currently in the process of creating a significant change, which is the
Administrative Review Process.
o Should wait and see how Administrative Review Process works.
o Does not support moving the list of incentive CUPs into permitted uses at this time.
o Important to set perimeter goals regarding foot traffic, vehicular traffic, variations in
mixed use; then develop all the other criteria based on that information.
o Before we start making conditional use permits that are currently conditioned use permits
permanent uses, we need to see if we have been effective in reducing permit time and costs.
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Commissioner Rodgers:
o Supports incentive CUPs for 2 years-then re-evaluate.
o One incentive per commercial area.
o Supports permitted tutorial on 2nd floor/back area (not ground floor facing front).
o Supports new building size up to 3,000sq.ft.
o Define chain stores.
o Does not support outdoor motor vehicle sales.
o Need to convey a business friendly environment.
o Create a downtown parking loop in Districts 1 and 2.
o Advertise back parking lots to make them user friendly.
Commissioner Hlava:
o Restaurants, markets and delicatessens could be permitted uses, however any
establishment selling alcoholic beverages should remain a Conditional Use Permit in all
commercial districts.
o Tutoring schools, dance schools, Martial arts, Arts and Crafts, and language schools
permitted in commercial zoning districts as long as they are not at street level.
o Oil changes should be allowed.
o Pharmacy should be a permitted use anywhere in Saratoga’s commercial districts.
o Chamber of Commerce, any merchants association or visitors bureau should be a
permitted use in the commercial districts.
o Look at outdoor sales or storage of motor vehicles in high-density zones – in at least one
zone. Not supportive of chain store ordinance.
o Does not support certain building size.
o Would like to first see how Administrative Review process works first.
o Alcohol sales need CUP.
City Attorney Richard Taylor noted the municipal code could be amended stating anyone that
has a use permit for a gas station automatically allows them to perform oil changes.
Commissioner Zhao:
o We have already agreed to stream-lining the CUP process with the implementation of the
Administrative Review process. Would like to see how this works before committing to
the new incentive permitted uses. Supports permitted use for arts and crafts and tutoring
only on second story/back location.
o Feels this is a drastic step to change so many things to permitted use at one time.
Commissioner Reis:
o Agrees with Councilmember Nagpal and Commission Zhao regarding the incentive
permitted use list; prefers caution.
o Recommends establishing a criteria for each of the incentive categories regarding which
district and how many per district;
o Alcohol sales for each district needs to be established.
o No major re-builds up to specified number of square footage.
o Supports up to 3,000sq.ft. for new buildings.
o Specify number of incentives per district.
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o Supports permitted tutorial on 2nd floor/back area (not ground floor facing front).
Commissioner Robertson:
o Agrees with all incentive categories for permitted use.
o Need to define family-style restaurant.
o Alcohol sales should be permitted with right kind of family style restaurant.
o Supports permitted tutorial on 2nd floor/back area (not ground floor facing front).
o Feels 3,000sq.ft. for new building is a short term vision.
o Specify number of incentives per district.
o Doesn’t support a size limit on existing buildings.
Commissioner Bernald:
o Agrees with Councilmember Nagpal that before we start making conditional use permits
that are currently conditioned use permits permanent uses, we need to see if we have been
effective in reducing permit time and costs.
o Should wait and see how Administrative Review Process works.
o Define family restaurant and alcoholic beverage sales.
o Chamber of Commerce, any merchants association, or visitor’s bureau should be a
permitted use in the Commercial Districts.
o Supports permitted tutorial on second floor/back area (not ground floor facing front).
o Bakeries and ice cream shops – limited number.
o Grocery store – not sure that 3,000sq.ft. is viable.
o Supports a 2-year moratorium and scheduled review.
o Specify number of incentives per district.
Mayor Page:
o Supports permitted tutorial on second floor/back area (not ground floor facing front).
o Concerned about moving things from Conditional Use Permit process to permitted use.
o Voiced a concern that only 10 people attended this meeting.
o Would not include a neighborhood grocery store in the incentive list.
o Supports taking what we have come up with this evening; create a Blue Ribbon Task
Force or commission; invite citizen input and have them define the types of usage that
should be permitted.
o CUP process problem is about the time it takes, not the cost.
o Administrative Review Process will shorten the CUP time period.
o Need to educate the public.
o Items that should be moved out of CUP should be tasked to citizens.
OPTIONS:
· Delay incentive list until administrative approach is in place
· Create Blue Ribbon Task Force
· Go back to Planning Commission as next step – after Zoning Administrative Review
Process
OPTION PREFERENCES:
v Blue Ribbon Task Force (led by Mayor Page): Miller, Page
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v Move forward with incentive CUP list to Planning Commission: King
v Wait for results from Zoning Administrative Review Process: Hunter, Bernald, Nagpal,
Hlava, Zhao, Reis, Rodgers, Robertson
CONCENSUS & DIRECTION:
Record and preserve this information, begin education process, and wait for results of zoning
administrative process.
CUP Study Session adjourned at 10:00pm.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
64
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – October 18, 2006
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for October 18, 2006 City Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from October 18, 2006 – City Council meeting.
65
MINUTES
SARATOGA CITY COUNCIL MEETING
OCTOBER 18, 2006
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room at 6:00pm.
Conference with Legal Counsel – Existing Litigation (Subdivision (a) of Section
54956.9)
Name of case: Giberson v. City of Saratoga (real parties Byrd, Oak Creek Partners LLC
and Maston) Santa Clara County Superior Court 106CV-072297.
Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation
pursuant to subdivision (b) of Section 54956.9: (one case)
Conference with Legal Counsel Gov’t Code 54956.9(A).
Existing Litigation: Jones v. Saratoga et al. Santa Clara County Sup. Court No. 1-03-CV-
010545.
Mayor Norm Kline called the Regular City Council meeting to order at 7:00pm and led
the Pledge of Allegiance.
ROLL CALL:
PRESENT: Councilmembers Kathleen King, Ann Waltonsmith, Nick Streit,
Vice Mayor Aileen Kao and Mayor Norm Kline
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Shweta Bhatt, Associate Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
Cathleen Boyer, City Clerk, reported that pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on October 13, 2006.
ORAL COMMUNICATIONS
None
DIRECTION TO STAFF
None
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COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
1A. COMMENDATIONS HONORING PAUL CONRADO, JOAN PISANI AND
WARREN AND YVONNE LAMPSHIRE FOR LEADERSHIP AND
SERVICE IN COORDINATING THE CITY OF SARATOGA’S 50TH
ANNIVERSARY
Mayor Kline read and presented Commendations to Paul Conrado, Joan Pisani
and Warren and Yvonne Lampshire.
1B. PRESENTATION BY ASSEMBLY MEMBER REBECCA COHN –
RESOLUTION CELEBRATING THE CITY OF SARATOGA’S 50TH
ANNIVERSARY
Rebecca Cohn presented a resolution to Council celebrating the City of Saratoga’s
50th Anniversary.
1C. COMMENDATIONS HONORING SUPERVISOR LIZ KNISS AND
ASSEMBLY MEMBER REBECCA COHN FOR THEIR MANY YEARS
OF COMMUNITY SERVICE FOR THE CITY OF SARATOGA
Mayor Kline read and presented Commendations honoring Supervisor Liz Kniss
and Assembly Member Rebecca Cohn.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
Items 2 D, E, F, J and L were removed for discussion.
2A. CITY COUNCIL MINUTES – OCTOBER 4, 2006
STAFF RECOMMENDATION:
Approve minutes.
WALTONSMITH/STREIT MOVED TO APPROVE CITY COUNCIL
MINUTES – OCTOBER 4, 2006. MOTION PASSED 5-0-0.
2B. CHECK REGISTER FOR 10/03/2006
STAFF RECOMMENDATION:
Accept register.
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WALTONSMITH/STREIT MOVED TO APPROVE CHECK REGISTER
FOR 10/03/2006. MOTION PASSED 5-0-0.
2C. TREASURERS REPORT FOR THE MONTH ENDED AUGUST 2006
STAFF RECOMMENDATION:
Accept the monthly Treasurer’s Report.
WALTONSMITH/STREIT MOVED TO ACCEPT THE MONTHLY
TREASURER’S REPORT. MOTION PASSED 5-0-0.
2D. RESOLUTION SUPPORTING MEASURE A – SANTA CLARA COUNTY
INITIATIVE FOR THE CONSERVATION AND PRESERVATION OF
HILLSIDES, RANCHLANDS AND AGRICULTURAL LANDS.
STAFF RECOMMENDATION:
Adopt resolution.
Councilmember Waltonsmith removed Item for clarification.
Councilmember Waltonsmith asked for clarification regarding the building of
additional structures such as barns.
Mr. Druckmeir, campaign coordinator for YES on Measure A, responded that if
a permit was obtained, the measure would allow structures up to 20,000 square
feet and up to 40,000 square feet for agriculture.
Mayor Kline invited public comment.
Doris Cooper spoke in opposition to Measure A.
Bill Cooper spoke in opposition to Measure A.
Peter Druckmeir, spoke in favor of Measure A.
Mayor Kline closed the public comment.
RESOLUTION NO. 06-080
WALTONSMITH/KAO MOVED TO ADOPT RESOLUTION
SUPPORTING MEASURE A – SANTA CLARA COUNTY INITIATIVE
FOR THE CONSERVATION AND PRESERVATION OF HILLSIDES,
RANCHLANDS AND AGRICULTURAL LANDS. MOTION PASSED
4-1-0 WITH COUNCILMEMBER STREIT ABSTAINING.
2E. ADOPT ORDINANCE AMENDING VARIOUS SECTIONS OF
CHAPTERS 7, 9, 14, 15 AND 16 OF THE CITY CODE, AND ADDING
SECTION 15-05.588 PROVIDING A DEFINITION OF “SETBACK
AREAS” AND APPENDICES A AND B TO CHAPTER 15
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STAFF RECOMMENDATION:
Waive Second Reading and adopt ordinance.
Meg and Alan Giberson removed this item for discussion.
Community Development Director, John Livingstone presented the Staff report.
Director Livingstone stated that staff would like to remove the following
sections of the proposed ordinance: Lot Frontage, Lot Line, Height of Structures,
Setbacks and Water Efficient Landscaping. Staff proposed leaving those
sections alone for the time being to allow extra time to revise at some future
date.
Councilmember Waltonsmith asked for clarification regarding how the removed
sections would be reviewed in the future.
Director Livingstone noted that those sections would be brought back to the
Planning Commission as part of the list of ordinances to be revised and to City
Council as part of the work program.
City Attorney Taylor clarified that the proposal was to adopt the ordinance with
the proposed sections omitted from change, and have a second reading at the
next Council meeting.
Mayor Kline invited public comment.
Meg Giberson spoke in favor of a second review due to the substantive changes
made to the ordinance.
Alan Giberson also spoke in favor of a second review due to the substantive
changes made to the ordinance.
Mayor Kline closed the Public Comment.
WALTONSMITH/STREIT MOVED TO ADOPT FIRST READING WITH
MODIFICATIONS RECOMMENDED BY STAFF AND BRING BACK
AS SECOND READING ON CONSENT CALENDAR AT THE NEXT
MEETING. MOTION PASSED 5-0-0.
2F. ADOPTION OF AN ORDINANCE AMENDING THE SARATOGA CITY
CODE CONCERNING CONDITIONS OF DESIGN REVIEW
APPROVAL
STAFF RECOMMENDATION:
Waive Second Reading and adopt ordinance.
Community Development Director John Livingstone removed this item for
discussion.
City Attorney Richard Taylor presented the staff report.
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City Attorney Taylor summarized the history of the ordinance and clarified
staff’s recommendation to make permanent the Interim Emergency Ordinance
that was adopted in November 2004 that dealt with conditions of design
approval and whether those conditions should be considered valid at the final
building permit approval stage. Previously, Council had reviewed it and sent
options to the Planning Commission. At the last Council meeting, an ordinance
was approved that would give the Planning Commission two options; the
discretion to decide which, if any, design approval conditions would be
“permanent”, (until Planning Commission or staff authorized a change), or make
all conditions permanent and recorded so that future purchasers would know that
conditions exist.
Mayor Kline invited public comment.
Suzie Nagpal addressed the Council, (noting she spoke as an individual and not a
representative of the Planning Commission), and spoke in favor of approving the
conditions of design review approval and recommended that it replace the
emergency ordinance. She also noted that the Planning Commission was not in
favor of recordation.
Mayor Kline closed the public comment.
Councilmembers Streit and Waltonsmith spoke in favor of allowing the Council
flexibility to note conditions that would be permanent.
Mayor Kline noted that if there were design review conditions and those
conditions included a permanent condition, only the permanent condition should
be recorded, which would be beneficial to any future owner of the property in
question.
City Attorney Taylor, noted that protections gained during the 2-year period
(November 2004 through November 2006) would not be lost while the
ordinance moves forward and that all conditions that were opposed during the 2-
year period were considered permanent and would require Planning Commission
and staff discussion to be changed.
Mayor Kline added that in order to assist new home owners, conditions should
be either permanent, temporary, or have a method of maintaining a paper trail so
perspective home buyers would know what they are buying.
STREIT/KAO MOVED TO WAIVE SECOND READING AND ADOPT
THE ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING CONDITIONS OF DESIGN REVIEW APPROVAL.
MOTION PASSED 5-0-0.
2G. ANNEXATION OF AN APPROXIMATELY 35-ACRE PARCEL (APN
503-09-003) LOCATED AT 22490 MT. EDEN ROAD
STAFF RECOMMENDATION:
Approve the petition of annexation by adopting the resolution which assumes the
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existing Williams Act Contract on subject property and includes a condition that
annexations will take effect upon recordation of an offer of trail easement.
RESOLUTION NO 06-078
WALTONSMITH/STREIT MOVED TO APPROVE THE PETITION OF
ANNEXATION BY ADOPTING THE RESOLUTION WHICH ASSUMES
THE EXISTING WILLIAMS ACT CONTRACT ON SUBJECT
PROPERTY AND INCLUDES A CONDITION THAT ANNEXATIONS
WILL TAKE EFFECT UPON RECORDATION OF AN OFFER OF
TRAIL EASEMENT. MOTION PASSED 5-0-0.
2H. 2006 ANNUAL CONCRETE PROJECT – AWARD OF CONSTRUCTION
CONTRACT
STAFF RECOMMENDATION:
1. Move to declare George Bianchi Construction to be the lowest responsible
bidder on the Annual Concrete Repair Project.
2. Move to award a construction contract to George Bianchi Construction in
the amount of $189,318.02 for the Annual Concrete Repair Project.
3. Move to authorize additional repair work in the amount of $230,000 as
described in the Report Summary.
4. Move to authorize staff to execute change orders to the contract up to
$48,000.00 for the Annual Concrete Project and additional work as
described in the Report Summary.
WALTONSMITH/STREIT MOVED TO 1) DECLARE GEORGE BIANCHI
CONSTRUCTION TO BE THE LOWEST RESPONSIBLE BIDDER ON
THE ANNUAL CONCRETE REPAIR PROJECT; 2) AWARD A
CONSTRUCTION CONTRACT TO GEORGE BIANCHI
CONSTRUCTION IN THE AMOUNT OF $189,318.02 FOR THE ANNUAL
CONCRETE REPAIR PROJECT; 3) AUTHORIZE ADDITIONAL
REPAIR WORK IN THE AMOUNT OF $230,000 AS DESCRIBED IN THE
REPORT SUMMARY; AND 4) TO AUTHORIZE STAFF TO EXECUTE
CHANGE ORDERS TO THE CONTRACT UP TO $ 48,000 FOR THE
ANNUAL CONCRETE PROJECT AND ADDITIONAL WORK AS
DESCRIBED IN THE REPORT SUMMARY. MOTION PASSED 5-0-0.
2I. IMPROVEMENTS TO THE INTERSECTION OF PIERCE ROAD AND
SARATOGA-SUNNYVALE ROAD – INCREASE CONSTRUCTION
CONTRACT WITH EL CAMINO PAVING INC.
STAFF RECOMMENDATION:
1. Authorize an increase to the change order authority to the existing
construction contract with El Camino Paving, Inc., in the amount of
$125,000, for the Pierce Road/Saratoga-Sunnyvale Road intersection
improvements.
2. Authorize staff to execute change orders up to $25,000.
WALTONSMITH/STREIT MOVED TO 1) AUTHORIZE AN INCREASE
TO THE CHANGE ORDER AUTHORITY TO THE EXISTING
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CONSTRUCTION CONTRACT WITH EL CAMINO PAVING, INC., IN
THE AMOUNT OF $125,000. FOR THE PIERCE ROAD/SARATOGA-
SUNNYVALE ROAD INTERSECTION IMPROVEMENTS; AND 2)
AUATHORIZE STAFF TO EXECUTE CHANGE ORDERS UP TO
$25,000. MOTION PASSED 5-0-0.
2J. AGREEMENT CONCERNING JOINT USE OF CAMPBELL UNION
HIGH SCHOOL DISTRICT PROPERTY (PROSPECT HIGH SCHOOL)
STAFF RECOMMENTATION:
Approve Joint Use Agreement with Campbell Union High School District for
use of District Property and authorize the City Manager to execute the same.
This item was removed for discussion.
Public Works Director, John Cherbone, presented the staff report.
Director Cherbone stated that the City has been working with the Campbell
Union High School District to use the newly renovated turf field and that an
agreement had been reached. In addition, he noted that Council and the School
Board had approved a two-year Joint Use Agreement for the use of the field
every Sunday throughout the year, with an automatic five-year renewal after
that. Director Cherbone added that there were nine conditions in the agreement,
including use of the turf field at $35 an hour, which is a very attractive rate and
that the City, in return, would agree to routine grounds checks by the Sheriff’s
department and the City’s Code Enforcement Officer, who will monitor the field
for unauthorized groups. In addition, an encroachment permit will be granted to
allow access to the new turf field off San Paolo Court. Director Cherbone noted
there are stipulations, which include portable restrooms, to be paid for by the
groups using the field parking at no additional cost, and rainy day policies.
Director Cherbone also noted that additional meetings are scheduled with other
groups to discuss needs and solutions; and clarified that Prospect is agreeing to
field use on Sundays only – not on Saturdays.
Several Councilmembers voiced the concern that the Blue Hills residents and
other user groups be included in the process of determining usage for Blue Hills,
West Valley and Prospect High fields.
Vice-Mayor Kao asked how soon the field at Prospect High would be ready for
use, noting that the School Board still needed to vote on the issue, and asked
what costs would be passed on and to whom.
Director Cherbone responded that the field at Prospect High would be ready
when Council and the School Board voted to approve that usage and noted that
the cost structure would be similar to the other field and parks use agreements,
whereby the City does not incur any costs and that all costs are paid for by the
user groups.
Mayor Kline inquired about City liability.
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City Attorney Taylor responded that the City could be included in any potential
lawsuits and that prudent protections would be in place to reduce liability.
Mayor Kline invited public comment.
Marilyn Marchetti read a letter on behalf of Katie Alexander asking that Blue
Hills Elementary School not be used for sports on weekends due to noise and
traffic congestion.
Mayor Kline closed public comment.
KING/WALTONSMITH MOVED TO APPROVE JOINT USE
AGREEMENT WITH CAMPBELL UNION HIGH SCHOOL DISTRICT
FOR USE OF DISTRICT PROPERTY AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0.
2K. REVISION TO TRAFFIC SIGNAL MAINTENANCE CONTRACT WITH
REPUBLIC ELECTRIC
STAFF RECOMMENDATION:
Amend recently approved contract with Republic Electric for continued monthly
maintenance and on-call repair of Saratoga traffic signals.
WALTONSMITH/STREIT MOVED TO AMEND RECENTLY APPROVED
CONTRACT WITH REPUBLIC ELECTRIC FOR CONTINUED
MONTHLY MAINTENANCE AND ON-CALL REPAIR OF SARATOGA
TRAFFIC SIGNALS. MOTION PASSED 5-0-0.
2L. COMMUNICATIONS SITE LEASE AGREEMENT WITH T-MOBILE
CALIFORNIA/NEVADA, LLC
STAFF RECOMMENDATION:
Accept report and adopt resolution approving the Communications Site Lease
Agreement with T-Mobile California/Nevada, LLC at Congress Springs Park.
Councilmember Waltonsmith removed this item for discussion.
Councilmember Waltonsmith asked if the price was favorable.
City Manager Anderson responded that the price was favorable and well
negotiated.
RESOLUTION NO. 06-079
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
APPROVING THE COMMUNICATIONS SITE LEASE AGREEMENT
WITH T-MOBILE CALIFORNIA/NEVADA LLC AT CONGRESS
SPRINGS PARK. MOTION PASSED 5-0-0.
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2M. MOTOR VEHICLE RESOLUTION RESTRICTING PARKING ON
VESSING ROAD
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION NO. MV-255
WALTONSMITH/STREIT MOVED TO ADOPT MOTOR VEHICLE
RESOLUTION RESTRICTING PARKING ON VESSING ROAD.
MOTION PASSED 5-0-0.
Mayor Kline declared a 10 minute break at 10pm
Council reconvened at 10:10pm.
PUBLIC HEARINGS
3. ORDINANCE AMENDING THE SARATOGA CITY CODE REGARDING
COMPENSATION OF CITY COUNCIL MEMBERS
STAFF RECOMMENDATION:
Introduce and waive the first reading of ordinance setting City Council
compensation and direct staff to place ordinance on consent calendar for final
adoption on November 1, 2006.
City Attorney Richard Taylor presented the staff report.
Mayor Kline opened the Public Hearing.
No one requested to speak on this item.
Mayor Kline closed the Public Hearing.
WALTONSMITH/KAO MOVED TO WAIVE THE FIRST READING OF
ORDINANCE SETTING CITY COUNCIL COMPENSATION AND
DIRECT STAFF TO PLACE THE ORDINANCE ON CONSENT
CALENDAR FOR FINAL ADOPTION ON NOVEMBER 1, 2006. MOTION
PASSED 5-0-0.
OLD BUSINESS
4. NORTH CAMPUS FACILITY – STATUS REPORT ON IMPROVEMENTS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Thomas Scott, Facilities Maintenance Supervisor, presented the staff report.
Mr. Scott noted that the landscaping and building maintenance routine care has
been reassigned to City Parks and Facilities staff along with the rental of the
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Administration buildings. Beginning January 2007 renovation of the
Administration building will commence with plans by the Recreation Department
to offer a “hands-on” class to teach construction safety, dust control, and wall
preparation. Mr. Scott noted this would facilitate a faster completion time for the
project as well as provide a learning opportunity for the community. Completion
is scheduled for March 2007 and noted use of the building by the Sheriff’s office
would not be affected. Mr. Scott also noted a new request for a dance floor in the
Fellowship Hall would result in a first phase budget increase of $20 to $25K and
improvements to the watering system would cost an additional $40K.
Councilmember Waltonsmith asked for more details regarding the construction
workshop class.
Mr. Scott stated the class structure would involve three segments – demolition,
preparation, and construction. Each class would consist of about 15 people who
would be taught how to perform that particular phase of the project and any
aspects of the project that were not completed during class time, would be
completed by the contractor. Both the Administration Building and the Fellowship
Hall would provide workshop opportunities.
Councilmember Waltonsmith urged staff to provide storage within the new
campus buildings and requested funding for new signage for the property as well
as lit signage indicating the entrance and exit.
Mr. Scott indicated that $10,000 has already been set aside for signage; however,
he hasn’t seen anything regarding designs for a permanent sign.
City Manager Dave Anderson noted the $10,000 sign allocation should be added
to the specs and bid for the construction project.
Mayor Kline suggested that staff think about a possible name for the site and
stated he would like to agendize the process for naming the North Campus site as
well as entrance and exit signage. He also recommended up-lighting rather than
direct lighting on the site.
Councilmember Waltonsmith noted she supports the request for a new dance floor.
Mayor Kline in invited public comment.
No one requested to speak on this item.
Mayor Kline closed the public comment.
DIRECTION TO STAFF
Council directed staff to move forward with the North Campus project including
direction to determine where the funding would come from for the new dance
floor, agendizing the naming process, permanent signage for the site, and lit
directional signage.
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5. REVIEW OF THE ADMINISTRATIVE DESIGN REVIEW PROCESS
STAFF RECOMMENDATION;
Accept report and direct staff to implement items #2 and #3 that can be
immediately started and prioritize the list of proposed ordinances for further
consideration at a later date.
Community Development Director, John Livingstone presented the staff report.
Director Livingstone noted that in June of 2006, Council directed staff to review
the Administrative Design Review process. In July 2006, staff presented Council
with a staff report outlining the Administrative Review process. At that meeting
Council created an Adhoc Committee to review it in more detail. After several
meetings the Adhoc Committee came up with a variety of recommendations that
was presented to Council in September. Council reviewed the recommendations
and sent them to the Planning Commission for further review and was asked to
provide recommendations to the Council.
Director Livingstone stated there were two groups of recommendations for
Council to consider. The first is the administrative recommendations, which
consist of three; and five recommendations that would require code amendments.
The administrative requirements:
1) When applicants submit a design review approval they must show
neighbors a set of plans, have neighbors review the plans, and sign off on
the plans acknowledging that they have seen the plans.
Planning Commission voted not to implement that recommendation.
2) Improve neighborhood notification form.
Planning Commission voted in support of revised notification form.
3) Have staff provide a standard check-off process for site visits.
Planning Commission voted in support of standard check-off process.
The Code amendments:
1. Requiring all Administrative and Planning Commission design review
projects to have story poles.
Planning Commission voted in favor of story poles, however there was
concern that not every project needed to have story poles and asked that
they be involved in the design of a story pole ordinance and would look
at the possibility of not requiring every home design to have story poles.
Planning Commission voted 7-1 in favor of having a story pole ordinance.
2. Increasing Administrative Design Review noticing. Currently noticing is
250 feet from proposed project and design review is 500 feet.
Planning Commission voted to support this item.
3. Requiring a neighborhood meeting or administrative design hearing
conducted by Community Development Director or designer for
Administrative Design Review Projects.
Planning Commission did not support this item.
4. Placing a large 4 by 8 foot plywood sign in front of a proposed project with
details about project.
Planning Commission supported this unanimously.
5. Improve existing design review findings.
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Planning Commission was very interested in doing that; however, they
wanted to go through that item in more detail as a Commission project
when they have sufficient time.
Director Livingstone noted that staff recommends Council implement
Administrative items #2 and #3 so that staff can start immediately on these items
and Council should prioritize the list of proposed ordinances for consideration at a
later date.
Councilmember Waltonsmith asked why #1, of the Administrative
recommendations, was not approved.
Director Livingstone noted that plans change so often that the Planning
Commission didn’t think it made sense to have neighbors sign off on a set of plans
that would most likely change.
Mayor Kline noted that #2 doesn’t make sense if #1 isn’t approved and reiterated
that it was understood that plans would change.
Planning Commissioner Linda Rodgers explained some of the issues regarding the
requirement that applicants obtain sign-off signatures from their neighbors, such as
the unavailability of a neighbor, someone refusing to sign a document they weren’t
familiar with, and language barriers. She also noted that the Commission
discussed effective notification methods and encouraged the applicants to speak
with their neighbors and let them know what their design plans were.
Discussion continued about effective notification methods, alternative options, and
project awareness of the neighbors.
City Attorney Richard Taylor noted that with respect to Item 1 in the
Administrative recommendations section and whether or not you would draft an
ordinance, you would want the ordinance wording as firm as possible. The way
Item 1 is now worded, any neighbor could refuse to sign off on the proposed plans
and the project would not be able to move forward.
City Attorney Taylor suggested that if Council goes with Item 1 the language
should say: “Require applicants to use their best efforts to submit a proposed set of
plans and obtain a receipt”. He added that staff could decide what “best efforts” is;
does it mean notification by certified mail, declaring under penalty of perjury that I
spoke to so and so, etc.
Mayor Kline concurred with the City Attorney and noted that in many cases it
would be very difficult to get the signature of some property owners because they
may be an absent landlord living in another country and asked that Item1 include
the “best effort” comment by Attorney Taylor,
Mayor Kline invited public comment.
Cynthia Barry spoke in favor of the proposed recommendations on the notification
form.
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Citizen Ray noted story poles and the City’s current public noticing procedures
covers the noticing requirements.
Mayor Kline closed public comment.
WALTONSMITH/ KAO MOVED TO DIRECT STAFF TO IMPLEMENT
ITEMS #2 AND #3 AND INCLUDE BEST EFFORT LANGUAGE IN
ADMINISTRATIVE RECOMMENDATION ITEM #1; AND PROCEED
WITH CODE AMENDMENTS #1-4 AND DIRECT PLANNING
COMMISSION TO REVIEW ITEM #5 FOR FURTHER
CONSIDERATION AT A LATER TIME. MOTION PASSED 5-0-0.
NEW BUSINESS
6. APPROVAL OF CRW ASSOCIATES TRAKIT SOFTWARE
CONTRACT
STAFF RECOMMENDATION:
Approve the contract and authorize the City Manager to execute an agreement
with CRW Associates.
Associate Planner, Shweta Bhatt, presented the staff report.
Ms. Bhatt noted customer service would be improved via the internet and
residents would have the ability to apply for simple permits online and could view
permit documentation online.
Mayor Kline invited Public Comment.
No one requested to speak on this item.
Mayor Kline closed Public Comment.
STREIT/WALTONSMITH MOVED TO APPROVE THE CONTRACT AND
AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH CRW ASSOCIATES. MOTION PASSED 5-0-0.
7. HIGHWAY 9 SAFETY PROJECT – JOINT COUNCIL COMMITTEE
STAFF RECOMMENDATION:
Appoint two members of the Council to participate in a Joint Council committee
with the Town of Los Gatos and the City of Monte Sereno for the Highway 9
Safety Project.
Public Works Director, John Cherbone presented the staff report.
Director Cherbone noted that two Council Members from each jurisdiction would
oversee the Highway 9 Safety Project. Their responsibilities would include:
1) Providing a forum for information sharing; 2) providing regular updates to
Council Members; and 3) providing a vehicle for public input.
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City Manager Dave Anderson noted that Brian Loventhal, Monte Sereno City
Manager, has volunteered to be the lead contact person on the public information
portion of the project.
City Attorney Richard Taylor clarified that this would not be a Council Adhoc
Committee; Council would be appointing two council members to serve as
participating members of this Adhoc Committee for the three cities.
Mayor Kline invited public comment.
Citizen Ray spoke in support of an over-site committee.
Mayor Kline closed the public comment.
Councilmember Waltonsmith and Vice Mayor Kao volunteered to serve on the
committee.
KING/STREIT MOVED TO APPOINT VICE MAYOR KAO AND
COUNCIMEMBER WALTONSMITH TO PARTICIPATE IN A JOINT
COUNCIL ADHOC COMMITTEE WITH THE TOWN OF LOS GATOS,
THE CITY OF MONTE SERENO AND THE CITY OF SARATOGA FOR
THE HIGHWAY 9 SAFETY PROJECT. MOTION PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Norman Kline – nothing to report
Vice Mayor Aileen Kao – reported:
Santa Clara County Cities Association – Measure A was presented at the last meeting
and Los Altos High School provided a presentation on how they are raising funds for
young entrepreneurs.
County HCD Policy Committee – the tenant issue has been resolved.
Hakone Foundation – met last Friday and the gardener will be moving and does qualify
for Affordable Housing.
Councilmember Nick Streit – reported:
Recycling & Waste Reduction Commission of SCC – he has resigned from the
commission.
West Valley Solid Waste Joint Powers Association – households received a notice in the
mail asking residents to select the size recycle can that they want.
West Valley Sanitation District – noted that WVSD has received a national award for
effective use of technology.
Councilmember Ann Waltonsmith - nothing to report
Councilmember Kathleen King – nothing to report
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CITY COUNCIL ITEMS
Councilmember Waltonsmith would like a report provided to Council Members
regarding a new Hakone Foundation policy whereby they do not allow citizens, who are
running for election, to take pictures of themselves in front of the Hakone sign without a
permit.
City Manager Dave Anderson stated he will clarify this item in the weekly Council
newsletter.
Mayor Kline and Councilmember King attended a CEO summit on Alternative Energy.
Silicon Valley Leadership hosted the summit and Mayor Kline recommended the City
consider a Green policy.
CITY MANAGER’S REPORT
Nothing to report
ADJOURNMENT
There being no further business, Mayor Kline adjourned the meeting at 11:30pm
Respectfully submitted,
Ann Sullivan, CMC
Acting City Clerk
80
Dave Anderson
Melanie Whittaker Mary Furey
RECOMMENDED ACTION:
That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles:
REPORT SUMMARY:
Attached are the Check Registers for:
Date Ending Check No.
05/28/09 112324 112362 38 40,149.44 05/28/09 05/21/09 112323
06/04/09 112363 112405 42 102,007.30 06/04/09 05/28/09 112362
AP Date Check No. Issued to Dept.Amount
05/28/09
06/04/09 112396 Various 42,326.02
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No.Amount
05/28/09
06/04/09 (None)
(None)
Issued to Description
Type of Checks
Shute Mihaly Various Monthly Legal Services
Amount
Checks
Released
Prior Check Register
Fund Purpose
(None)
Finance & Administrative Services
Accounts Payable
Accounts Payable
The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure:
PREPARED BY:DEPT. DIRECTOR:
SUBJECT: Review of Accounts Payable Check Registers.
May 28, 2009
June 04, 2009
CITY MANAGER:
Date
Starting
Check
No.
Ending
Check No.Total Checks
SARATOGA CITY COUNCIL
MEETING DATE:June 17, 2009 AGENDA ITEM:
DEPARTMENT:
81
The following is a list of cash reduction by fund:
Fund #AP 05/28 AP 06/04 Total
111 General 17,496.22 72,891.30 90,387.52
231 Village Lighting 2,692.44 2,692.44
232 Azule Lighting 225.44 225.44
233 Sarahills Lighting 250.28 250.28
243 Carnelian Glen 135.00 135.00
244 Cunningham/Glasgow Landscape -
249 Manor Drive Landscape -
251 McCartysville Landscape 18.34 18.34
252 Prides Crossing Landscape 24.39 24.39
253 Saratoga Legends Landscape 322.43 322.43
254 Sunland Park Landscape -
255 Tricia Woods Landscape 9.17 9.17
271 Beauchamps Landscape 40.50 40.50
272 Bellgrove Landscape 264.63 264.63
273 Gateway Landscape -
274 Horseshoe Landscape/Lighting 9.16 9.16
275 Quito Lighting 1,090.12 1,090.12
311 Library Bond Debt Service 869.20 869.20
411 CIP Street Projects 361.03 10,071.00 10,432.03
412 CIP Parks Projects -
413 CIP Facility Projects 4,874.50 3,329.00 8,203.50
414 CIP Admin Projects -
421 Tree Fine Fund 227.83 1,182.54 1,410.37
431 Grant Fund - CIP Streets 7,460.00 3,031.59 10,491.59
481 Gas Tax Fund 598.00 598.00
611 Liability/Risk Mgt -
612 Workers' Comp 715.05 715.05
621 Office Stores Fund -
622 Information Technology 6,107.70 648.85 6,756.55
623 Vehicle & Equipment Maint 1,058.71 133.66 1,192.37
624 Building Maintenance 521.77 4,264.56 4,786.33
631 -
632 1,232.33 1,232.33
711 -
40,149.44 102,007.30 142,156.74
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the A/P Checks By Period and Year report format
TOTAL
Fund Description
Vehicle & Equipment Replacement
IT Equipment Replacement
Library Capital Improvement
82
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90
1
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Resolution Authorizing Mayor or Mayor’s Designee to Appoint
Representatives to Outside Agencies/Committees Representing the City of
Saratoga
RECOMMENDED ACTION:
Adopt Resolution authorizing the Mayor to appoint representatives to four (4) Outside
Agencies/Committees representing the City of Saratoga.
BACKGROUND:
During the May 20, 2009 City Council Meeting, staff was directed to move forward with a
Resolution authorizing the Mayor or Mayor’s designee to be the authorized person appointing
representatives to serve on four (4) Outside Agencies/Committees that require representation
from the City of Saratoga. Those agencies are: 1) VTA Bicycle & Pedestrian Advisory
Committee (BPAC); 2) Advisory Council to the Council on Aging; 3) Housing & Community
Development Advisory Committee (HCDAC); and 4) Water Pollution Control Plant Master Plan
Community Advisory Group. In addition, the Council directed staff to incorporate these four
agencies/committees into the normal process of reviewing City Commissions and to list the four
Outside Agencies/Committees on the Commission page of the City Website along with the
contact information of the representatives serving on these committees.
DISCUSSION:
Currently, three of the four agencies are represented by a Saratoga resident, with the exception of
the HCDAC. Staff has submitted a recruitment ad in the Saratoga News asking interested
residents to apply for this position; the application deadline is August 28, 2009. The Mayor could
make an appointment to this committee before the next scheduled HCDAC meeting, which is
October 22, 2009.
FISCAL IMPACTS:
There are no financial impacts.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
91
2
The City’s Outside Agency appointments would not be conducted on a regular basis and the
HCDAC would remain unrepresented by the City of Saratoga.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
The City Clerk will incorporate these four (4) Outside Agencies/Committees into the normal
process of reviewing City Commissions and provide the Mayor with final recruitment results for
him/her to make informed appointments to these agencies/committees when terms expire.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A – Resolution
92
RESOLUTION NO. 09 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING
THE MAYOR OR MAYOR’S DESIGNEE
THE AUTHORITY TO APPOINT REPRESENTATIVES
FROM THE CITY OF SARATOGA
TO SERVE ON FOUR (4) OUTSIDE AGENCIES AND COMMITTEES
WHEREAS , at a City Council meeting on May 20, 2009, the City Council voted unanimously to
incorporate four (4) Outside Agencies/Committees into the normal process of reviewing City
Commissions; and
WHEREAS, the names of these agencies/committees are: 1)VTA Bicycle & Pedestrian Advisory
Committee (BPAC); 2) Advisory Council to the Council on Aging; 3) Housing & Community
Development Advisory Committee (HCDAC); and 4) Water Pollution Control Plant Master Plan
Community Advisory Group; and
WHEREAS , representatives from the City serve on the various agencies and committees; and
WHEREAS, on May 20, 2009, the City Council determined that the Mayor or the Mayor’s
designee has the authority to appoint representatives to these agencies and committees upon the expiration
of representatives’ terms as long as said agency or committee is active ; and
WHEREAS , a copy of the four agencies/committees description is attached.
NOW THEREFORE, LET IT BE IT RESOLVED, that the City Council hereby authorizes the Mayor
or Mayor’s Designee to appoint representatives for the City of Saratoga representing the following
Outside Agencies and Committees: 1) VTA Bicycle & Pedestrian Advisory Committee (BPAC); 2)
Advisory Council to the Council on Aging; 3) Housing & Community Development Advisory Committee
(HCDAC); and 4) Water Pollution Control Plant Master Plan Community Advisory Group.
PASSED AND ADOPTED by the Saratoga City Council at a regular meeting held on the 17th day of
June, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
________________________________
Ann Sullivan, City Clerk
93
Outside Agency Assignments
VTA Bicycle & Pedestrian Advisory Committee (BPAC)
Coordination by VTA
Current Member: Jim Stallman, who is in good standing and eligible for reappointment
Membership - Each Member Agency—the County and each city in the County—has 1 representative on BPAC
- Appointees must be part of the Member Agency’s local bicycle advisory committee
- Members must live or work in Santa Clara County
Appointment - Members are selected by “authorized representative” of Member Agency and then ratified by the Board of
Supervisors (authorized representative depends on the Member Agency’s requirements, some require Council
approval, make it a responsibility of the Mayor, or ask the Planning or Public Works director to make the
appointment)
Term - 2 years, members can be appointed to successive terms – Appointments made July of even years
Purpose - Provide feedback to VTA’s Congestion Management Program staff
- Coordinate with bicycle and pedestrian advisory committees of other agencies on multi-jurisdictional matters
- Coordinate with the County Trails Committee as needed
- Make recommendations to the VTA Board of Directors on the Countywide priority list of bicycle and pedestrian
projects for the TDA Article 3 program
- Serve as the countywide bicycle and pedestrian advisory committee for Santa Clara County
Meetings - Regular meetings are held on Wednesday following the first Thursday of each month at 6:00 p.m. at the VTA
Administrative Offices – 3331 North First Street, San Jose, CA
Contact Stephen Flynn
Sr. Management Analyst
Government Relations
Valley Transportation Authority
3331 North First Street
San Jose, CA 95134-1906
Phone: (408) 321-5720
Fax: (408) 321-5917
Email: stephen.flynn@vta.org
94
Housing & Community Development Advisory Committee (HCDAC)
Coordination by Santa Clara County – Office of Housing and Community Development
Current Member: Betty Feldheim, who has not attended a meeting in several years
Membership - One member of the Santa Clara County Board of Supervisors
- One member of the City Council from each of the non-entitlement cities in the Urban County CDBG and Home
programs
o Appointed by the Council of that city
- One citizen selected by the City Council of each of the participating city
o Alternatives encouraged
- One citizen selected by each member of the Board of Supervisors
Appointment - Council selects citizen representative for City
Term - Citizen appointments are determined by appointing jurisdiction, including term length and term limits.
- Appointing jurisdiction can recall citizen representative at any time
- Members who miss 3 consecutive meetings without being excused from HCDAC may be dropped from the HCDAC
Purpose - Make funding recommendations on CDBG and HOME projects and programs to the Board of Supervisors
Meetings - 5 meetings per year
- Held at Charcot Government Center, 2310 N. First Street, San Jose CA 95131
- Meetings usually are held on the 3rd Thursday of the month at 5:30 p.m.
Contact Judy Borah
Management Analyst, Santa Clara County Office of the County Executive
2310 North First Street, Suite 100
San Jose, CA 95131
Phone: 408-441-4275
Fax: 408-441-4332
Email: judy.borah@ceo.sccgov.org
95
Advisory Council to the Council on Aging
Coordination by the Santa Clara County Council on Aging
Current member: Shan Berry, appointed in 2008 to a 3 year term
Membership - Each city in Santa Clara County has a representative on the Advisory Council
- Members must be over 60 years in age
Appointment - Members are selected by Saratoga Area Senior Center Council (SASCC) and Mayor
Term - 3 years
Purpose - Make funding recommendations to the Council on Aging (who should receive fund and how much money should be
allocated)
- Advocate for senior issues
Meetings - 10 meetings per year
- Meetings usually held the 1st Monday of the month at the Santa Clara Senior Center from 12:20 to 3:00 p.m.
Contact Michael Torres
Contracts Manager- Council on Aging, Silicon Valley
2115 The Alameda
San Jose, CA 95126
Phone: 408-350-3271
Fax: 408-249-8918
mtorres@scccoa.org
96
Water Pollution Control Plant Master Plan Community Advisory Group
Coordinated by the City of San Jose
Current member: Eve Matelan
Membership - Representatives from San Jose and tributary cities served by the Water Pollution Control Plant, including Santa
Clara, Milpitas, Campbell, Cupertino, Monte Sereno, Saratoga, and Los Gatos
Appointment - Members are selected by the Water Pollution Control Plant Master Plan Technical Advisory Committee with input
from tributary city staff
Term - 3 years (by 2011)
Purpose - Help guide the 3 year Plant Master Plan process by providing input and suggestions from a community perspective
throughout the development of the Master Plan
- After this 3 year period, the group will be deactivated.
Contact Cheryl Wessling
Marketing Manager
Environmental Services Dept.
200 E. Santa Clara St.
San José, CA 95113
desk: 408-975-2552
cell: 408-230-4423
Cheryl.Wessling@sanjoseca.gov
97
98
SARA TOGA CITY COUNCIL
MEETING DATE: June 17,2009
DEPARTMENT:
PREPARED BY:
Public Works
Iv eta Harvancik
Senior Engin eer
AGENDA ITEM:
CITY MANAGER: Dave Anderson
DIRECTOR: John Cherbone
Public Works Director
SUBJECT: Agreement for Professional City Surveyor Services
RECOMMENDED ACTIONS:
Move to authorize the City Manager to execute an Independent Contractor Agreement between
the City of Saratoga and Giuliani and Kull, Inc. for professional City Surveyor services.
REPORT SUMMARY:
For the past 2 years CSG Consultants, Inc . has provided professional serv ic es to Saratoga as the
City Surveyor. These services include subdivision map examination, lot line adjustment
document processing, other review services, and land surveying input to the City 's Public Works
and Community Development Departments. The contract with CSG will expire at the end of June.
To assist fmding a new City Surveyor, staff distributed Request for Qualifications to 15
surveyi ng companies and exchanges. Out of the e ight companies that responded only four had
pertinent experience and were suitab le for the position . After careful consideration it was
determined that the proposal submitted by Giuliani and Kull , Inc. was most responsive to the needs
of the C ity.
Giuliani and Ku ll , Inc. is a professiona l services organization with a strong background in land
surveying. Their approach is to have a s in gle person in charge of each project. Mark Helton,
Professional Land Surveyor, will be the lead consultant to the City. Mark has been the primary
consulting City Surveyor for the City of Los Altos for the past three years .
Therefore staff recommends that the Council approve a professional consulting contract with
Giuliani and Kull, Inc. for City Surveyor services and authorize the City Manager to execute the
same.
FISCAL IMPACTS:
Funding is available in the adopted budget. The majority of City Surveyor's services will be
funded by development applicants.
Page 1 of2
99
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTlON(S):
The Contract will not be executed and Giuliani and Kull, [n co will not become the City Surveyor.
ALTERNATrVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTlON(S):
The Agreement will be executed.
ADVERTISING, NOTIClNG AND PUBLIC CONTACT:
N /A
ATTACHMENTS:
1. Independent Contractor Agreement.
Page 2 of2
100
CITY OF SARATOGA
PUBLIC WORKS DEPARTMENT STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THTS AGREEMENT is made at Saratoga , California by and between the CITY OF
SARATOGA , a municipal corporation ("Cit y "), and GIULIANI AND KULL, INC.,
("Contractor"), who agree as follows :
RECITALS
WHEREAS , City requires the services of a qualifi ed contractor to provide the work produ ct
described in Exhibit A of thi s Agreement; and
WHEREAS , City lacks the qualified personne l to provide the specifi ed work product; and
WHEREAS, Contractor is duly qualifi ed to provide the required work product; and
WHEREAS , Contractor is agreeable to pro v iding such work product on the tenns and conditions
hereinafter set forth .
NOW THEREFORE, the parties hereto agree as follow s:
1. RESULTS TO BE ACHIEVED Subject to the tenns and conditions set forth in
this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope
of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever
under the tenns of this Agreement until receipt of a fully executed Purchase Order from the
Finance Department of the City of Saratoga .
2. TERM The tenn of this Agreement conunences on July 1, 2009, and extends
through June 30 , 20 I 0 or the completion of the project, whichever occurs first , unless it is
extended by written mutual agreement between the parties, pro vided that the parties retain the
right to terminate tllis Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pa y Contractor for work product produ ced pursuant to this
Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The pa yments
specified ill Exllibit B shall be the only payments to b e made to Contractor in cOl'mection with
Contractor's completion of the Scope of Work pursuant to thi s Agreement. Contractor shall
submit all billing s to City in the manner specified in Exllibit B; or, if no manner is specified in
Exhibit B , then according to the usua l and c ustomary proc edure s and practices which Contractor
uses for billing clients si nli lar to City.
4 . FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and
Equipment"), Contractor shall , at its so le cost and expen se, funlish all facilities and eq uipment ,
Public Works Department
Standard Co ntract
Page 1 of 18
101
whi ch may be required for completing th e Scope of\,Vork pursuant to thi s Agreement. City s ha ll
fumi sh to Co ntr actor o nl y the facilities and equ ipm ent listed in Exhibit C acco rdin g to the tenns
and conditions set fOI1h in Exhibit C.
5 . GENERAL PROVISIONS C it y and Contractor agree to an d sha ll abide by the
ge neral provisions set fOlth in Exlubit D ("G e nera l Pro visio ns"). In the eve nt of any
in co nsis te ncy between said genera l provisions and any other tenn s or cond iti ons of this
Agreement, the ot her tenn or condition shall control insofar as it is inc o nsis tent with the General
Pr ovis ion s.
6. EXHIBITS All ex hibit s referred to in thi s Agreement are attached he reto and are by
this reference in co rporated herein and mad e a paI1 of thi s Agreement.
7. CONTRACT ADMINISTRATION Tlus Agreement sh a ll be administered
on behalf of C ity by Da ve Anderson ("Administrator"). The Administrator ha s complete
aut hority to receive information, int e rpret and defin e City's policies consistent with thi s
Agreement, and communicate with Contractor co ncemin g tlus Agreement. All corresponde nce
and other commUlucations s ha ll be directed to or tln'ough th e Administrator or hi s or her
de signee .
8. NOTICES All noti ces or communication conceming a paI1y 's co mpliance with the
tenns of thi s Agreement s hall be in writing and ma y be given either perso nall y, by certified mail ,
retum recei pt requ es ted, or by overrtight express carrier. The notice shall be deemed to ha ve been
given and r eceived on the dat e deli ve red in person or the dat e upon which the po stal autho rit y or
ovemight express carrier indicates that th e mailin g was de livered to the address of th e recei ving
Part y. The Parties shall make goo d faith efforts to pro v ide advance courtesy noti ce of any notices
or cOl1llnunications hereund er via tel efac s imil e. Howeve r, und er no circumstances shall s uch
courtesy notice sa ti sfy the noti ce requirement s set forth above; nor shall lack of such co urt esy
notice affect the va lidity of service purs uant to the noti ce requirement set forth above. Any Part y
hereto, by giving ten (10) days written notice to the other, ma y designate any other addre ss as
substitution of th e address to which the notice or conununication shall be given. Notices or
co nununi ca ti on s s hall be given to the P a tties at the addresses set forth below until speci fied
otherwise in writing:
No ti ces to Contractor s hall be se nt to :
Mark A. H e lton , PE, PLS
Giuliani & Kull , In c.
4880 Stevens C reek Bl vd ., Suile.205
San Jo se , CA 95129
Tel. (40 8) 615-4000 x206
Fax. (408) 615-4004
Not ic es to C ity s hall be sen t to:
Da ve An derso n , C it y Manager
C ity of Saratoga
13777 Fntitvale Avenue
Public Works Department
Standard Co n tra c t
Page 2 of 18
102
Saratoga , CA 95070
With a cop y (whic h co py sha ll not co ns titut e notic e) to :
C ity C le rk
C it y of Saratoga
13 777 Fntit va le Aven u e
Sa ratoga, CA 950 70
9 . ENTIRE AGREEME NT Tlli s Agree ment s up e rsede s any a nd all agr eeme nt s,
e ither oral o r wri tt e n, between the parties he reto w ith respect to Contrac tor's com pleti on of the
Scope of Work on b e half of C ity a nd contains a ll of the covena nt s and agreeme nt s betwee n the
parties w ith res pect to the rendering of s uc h services in any maImer wha tsoeve r. Ea c h part y to
thi s Agree me nt acknowl edges that no represe nt atio ns, indu ce me nt s, promi ses or agreeme nts,
orally or otherwise, ha ve bee n mad e by a ny part y, or anyone acting o n behalf of an y party, whi c h
ar e not embodied h erein , and that no ot he r agree me nt , statement or pronlise not conta in ed in thi s
Agreeme nt s hall be va li d or binding. No a mendme nt , alt e ration, or variation of th e tenns of tlli s
Agree me nt shall be va lid unless made in writing and signed by th e part ies h e reto .
Public Wo rks Department
Stand ard Contrac t
-The r emaind e r of thi s page is intentionall y bl ank-
Page 3 of 18
103
IN WITNESS WHEREOF , the parties hereto have exec uted thi s Agreeme nt.
CONTRACTOR :
By : --------------------Dat e : -------
Print Name: Mark Helton, P .L.S . 70 78
Position:
----------~
C ITY OF SARATOGA , a municipal corporation
By: -------------Date:
Name : Dave Anderson
Title : C it y Manager
APPROVED AS TO FORM:
By :
--~~---------
Dat e: ________ _
City Attorney
APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:
By:
~~-~~~-~-----Admini strative Services Dire ctor
Attachments
Exhibit A --Scope of Work
Exhibit B --Co ntract Payment and Reporting Schedule
Exhibit B-1 --PersOlme l Rate Sheet FY 2009-2010
Exhibit C --Facilities and Equipment
Exhibit D --General Pro v is ions
Exhibit E --In surance Requirements
Publi c Works Department
S tandard Contract
Date: _______ _
Page. 4 of 18
104
EXHIBIT A
SCOPE Of WORK
On request of the Public Works Director or his or her designee, Cons ultant wi ll perfonn
surveying services on behalf of the City in the following particulars :
a. Review oftentative subdivision map, lot lin e adjustment, certificate of compliance,
and other applications to assist in establishing conditions of approval relating to
s urvey requirements of the S ubdi vision Map Ac t, Professional Land Surveyors Act
and the City Code.
b. Perfonn the land surveyi ng functions of the City Engineer in cOimection with the
processing of s ubdi v ision maps, parcel maps, lot lin e adjustment s, and certificates of
compli ance.
c. Provide land surveying input to the City's Public Works and Community
Development Departments as reques ted relating to City sponsored projects and C ity
owned property and right of way .
d. Pro vide a written response to the C ity by the date specified by the Ci ty or wh en the
date is not specified, within twenty (20) working days after receipt of submitted
review material and City authorization.
The foregoing serv ices shall be compensated for by City at the time s, and in the amo unt s, as
bereinafter set forth. All such serv ices sha ll be perfonlled by Cons ultan t in a good and
workmanlike manner and in accordan ce with the highest standards of surveying practice s.
Public Works Department
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EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION.
City sha ll pay Contractor at the rates set forth on the attached rate schedu le, exhibit B-1.
The total compensation (including equipment, suppl y, and expense cos ts) pursuant to
Exhibit A -Scope of Work of thi s Agreement s hall not exceed Sixteen Thou s and Dollars
($16,000).
All services shall be rendered within the monetary limits authOli zed per each transmittal
City shall be notified if limit is reached and work shall be suspended until further
monetary limit is authorized.
2 . INVOICES Contractor shall submit invoices, not more often than once a month
during the term of this Agreement, based on the cost for work performed plior to the
invoice date. Hourly Rates schedule is shown on Exhibit B-1. Invoices s hall contain the
following infOlmation:
a. Selial id entificat ions of bills, i.e., Bill No. I ;
b . The begilming a nd ending dates of the billing period;
c . A summary containing the total contract amount, the amount of prior
billings , the tot a l due this period, and the remaining balance availab le for
all remaining billing periods.
3 . MONTHLY PAYMENTS City shall make monthly payments , based on such
invoices , for satisfactory progress in completion of the Scope of Work.
4. REIMBURSABLE EXPENSES There shall be no ti ght to reimbursement of
expenses incurred b y Contract or except as speci fied in Exhibit A to thi s Agreement.
Public Works Department
S tandar d Contra c t
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106
EXHIBIT B-1
PERSO NN EL RATE SHEET FY 2009-2010
The hourly rate proposal for this contract is $120.00 I hour.
I f r eques ted, o d,er sut\'ey in g selvices ca n b e p rovide d at m e fo ll owing rate s:
• 2 P e rso n F icld Crew at a n h o udy rate o f $2 05.00 / h o u r.
• Ass ista nt Sut\'cyor / Compu te r Tec hni cian at a n h o url y rate of$95.00 / h o ur.
• Se ni o r Dra ft er at an h o url y rate of $85.00 / h o ur.
• Cl eri ca l / A dminis rra tive Suppo rt at a n h o urly rare of $65 .00 / h o ur.
Pub lic Works Dep artmen t
S tandard Co ntract
Page 7 of 18
107
EXHIBITC
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks , filing cabinets , a nd conference space,
as may be reasonably necessary for Co ntra ctor's use whi le consulting with City emplo yees and
reviewing records and the infonnation in possession of C it y. The loca ti on, quantity, and time of
furnishing sai d physical facilities sha ll be in th e sole discretion of C it y. In no event sha ll C it y be
ob li gated to furnish any facility whic h may involve incuning any direct expense, including, but
not limiting the generality of this exc lusion , lon g-d istance telephone or other comm unicati o n
charges , vehic le s, and reproduction facilities. Contractor sha ll not use suc h serv ices, premises,
facilities, supp lie s or equipment for any purpose oth er than in the performance of Co ntrac tor's
obligations und er thi s Agreement.
Publi c Works Department
Standard Contract
Page 8 of 18
108
EXHIBITD
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times du ring the term of thi s
Agreement, Contracto r s hall be an ind ep end ent contractor and sha ll not be an employee of
City. Contract or shall complete the Scope of Work hereunder in accordance with currently
approved method s and practices in Contractor's field . City s hall ha ve the right to control
Contractor only with respect to specifYing the resu lt s to be obtained from Contractor
pursuant to tlu s Agreement. City sh all not have th e right to control the means by w hich
Contractor accom pli s he s services rendered pursuant to tlus Agreement. Likewi se, no
relati o ns hip of employer and employee is created by thi s Agreement betwee n th e Ci ty and
Contractor or any subcontractor or employee of Contractor. No thing contained in thi s
Agreement s hall be construe d as linuting the right of Contractor to engage in Contractor
profession sepa rate and apart from tlus Agreement so long as such activities do not
interfere or conflict with the perfonnance by Contractor of the obligations set forth in this
Agreement. Interference or conflict w ill be detennined at the so le discretion of the City.
2. ST ANDARD OF PERFORMANCE Contractor shall complete the
Scope of Work required pursuant to thi s Agreement in the manner and according to the standard s
observed by a competent practitioner of the profession in wluch Contractor is engaged in the
geographical area in which Contractor practices its profess ion . All work product of whatsoever
nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a
substantial, fir st cla ss and workmanlike manner and confonn to the sta ndard s of quality nonnally
observed by a person practicing in Contractor's professio n.
3. TIME Contra ctor sha ll de vote such time to th e Scope of Work pursuant to this
Agreement as may be rea sonab ly necessary for satisfactory perfonnance of Contractor's
obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT Except as C ity may specifY In writing,
Co ntractor shall have no authority , express or implied, to act on behalf of C it y in any capacity
whatsoever as an agent. Contractor s hall have no authority, express or implied , pursuant to tlu s
Agreement to bind City to any obligation whatsoever.
5 . BENEFITS AND TAXES Contractor sha U not have any claim under
this Agreement o r otherwise against City for seniority, vacation time , vacation pa y, sick
leave, personal time off, overtime, health insurance, medical care, hospital care , IIl sura nc e
benefits , socia l sec urit y, disability, unemployment, workers compensation or employee
benefits of any kind. Co ntractor sha ll be solely liable for and obligated to pay directly all
applicable taxes , including, but not linUted to , federal and state income taxes , and III
conn ect ion therewith Contractor shall indenuufY and hold Cit y hannless fi'om any a nd all
Public Works Department
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Page 9 of 18
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liability that City ma y in c ur because of Contractor's failme to pa y such taxe s. City sha ll
have no ob li ga tion whatsoever to payor withhold any taxes on behalf of Contra ctor.
6. ASSIGNMENT PROHIBITED No part y to thi s Agreement may assign any right
o r obligation pursua nt to this Agreement. Any attempted or purport ed assignment of any right or
obligation purs uant to this Agreement s ha ll be void and of no effect. How eve r, with the consent
of the C it y given in w riting , Contractor is entitled to subcontract such portions of the work to be
per foml ed under tlu s Agreement as ma y b e speci fied by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel to complete the
Scope of Work pur suant to thi s Agreement. [n the event that City, in its so le
discretion, at any time during th e term of thi s Ab'feement , desires th e removal of any
such perso n s, Contractor shall, immediately upon receiving notice from city of suc h
desire of City, cause th e removal of s uc h p erson or persons.
b . Emplo yme nt Eligibility. Contractor s hall ensure that all employees of Contractor
and an y su bcontractor retained by Contractor in connection with tlus Agreement have
provided the necessary documentation to establish identity and employment
eligibility as required by the Imnu gration Refoml and Co ntrol Act of 1986 . Failure
to provide the ne cessary documentation will re s ult in the temlination of th e
Agreement as required by tbe Immigration Reform and Contro l Act of 1986.
c . Prevailing ''''ages. Certain work performed pursuant to tlus agreement may be a
public wo rk witlun the meaning of Part 7 of Di v is ion 2 of the California Labor Code
(Sections 1720 et seq.). In accordance with Califonlia Labor Code Section 1771 , all
co ntr actors and s ubcontractors on s uch work shall pay not less than current preva iling
wage rates as detemuned by the Califonlia Department of Industrial Relations
("DIR "). Pursuant to Section 1773 of tbe Califonlia Labor Code, the City ha s
obtained the general preva iling rate of wages and employer pa yments for health and
welfare, vacation , pension and s inlilar purposes in the City of Saratoga , a copy of
whi ch is on file at 13777 Fruitvale Avenue, Saratoga , Califonlia at tbe office of the
Public Work s Dire ctor, and sha ll be made available for viewing to any interested
party upon request.
8. CONFLICT OF INTEREST
a. In General. Con tractor represe nt s and warrants that , to th e best of th e Co ntra cto r 's
knowledge and belief, there are no releva nt fact s or circumstances which could give
ris e to a conflict of interes t on the part of Contractor, or that th e Co ntractor ha s
already disclo se d a ll s uc h re leva nt infonnation.
b. S ubsequent Conflict of Interest. Co ntractor agrees tbat if an actual or pot e ntial
co nflict of interes t on the part of Co ntractor is di scovered after award , the Cont ractor
will make a fuU disclosure in wliting to the City. Thi s disclosure s hall include a
descr iption of actions , wluch the Contractor ha s taken or proposes to take, after
co ns ultation with th e C ity to avoid , nliti ga te, or ne utralize the actual or potential
co nflict. Within 45 days , th e Contractor s hall ha ve taken all nec essary step s to avoid,
Public Works Department
Standard Contrac t
Page 10 of 18
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mit.igate, or ne utraliz e th e conflict of in teres t to the sat isfac ti on of th e C it y .
c. Interests of City Officers and Staff. No officer, member or emp lo yee of C it y and
no member of the C ity Cou ncil s hall ha ve any pec uni ary interest, direc t or indirect , in
this Agreement or tbe proceeds thereof. N either Contr ac tor nor any me mb er of any
Co ntrac tor 's famil y sha ll serve on a ny City board or conunitt ee or hold a ny such
pos ition whi c h e ith er by rule, practice or action nomin a tes, recomm ends , o r
sup ervises Co ntractor 's operat io ns or aut horizes funding to Co ntractor.
9. COMPLIANCE WITH LAWS
a . In Genera l. Contrac to r sha ll take reasonable care to o bserve and co mpl y with all
law s, poli c ies , ge nera l lules and regulations es tab li s hed by C it y an d sha ll comp ly
with the comm o n law a nd all laws , ordinances, co d es and re gu lat ions of
governme ntal agencies, (including federal , sta te, municipal a nd loca l gove rnin g
b o di e~s) applicable to th e perfomlance of the Scope of Work h ere under , includin g, but
not limit ed to , all prov isions of the Occupational Safety and Hea lth Ac t of 19 79 as
amended.
b . Licenses and Permits. Contra c to r represe nt s and warra nt s to City that it has a ll
li censes, pennits, qua lifi cations and a pprova ls of whatsoever nature which are lega ll y
required fo r Co ntracto r to pra c ti ce it s profess ion . Contractor represents and warra nt s
to C it y that Contractor shall , at its so le cost and expense , keep in effec t at all time s
during th e teml of thi s Agree ment any li cen ses, permits , and appro vals whi c h are
lega ll y required for Contra c tor to pra ctice it s profess ion . In ad diti o n to th e foregoing ,
Co ntra ctor shall obtain and maintain during the te ml here of a v alid Cit y o f Saratoga
Bus in ess Li cense .
c. Funding Agency Requirements. T o th e extent that thi s Agreement may be funded
by fi sca l assistance from another e ntity , Contra cto r shall co mpl y with all applicab le
rules and regu lati o ns to which City is bound by the tenIl S of such fi scal assistance
program.
d . Drug-free Workplace. Co ntrac tor and Co ntracto r 's employee s and sub co ntra ctor s
shall comply wi th th e C it y's policy of ma intainin g a dru g-free workplace . Ne ith er
Co ntra cto r nor Co ntrac tor 's e mp loyees and s ub co ntractors s hall unla wfu ll y
manu fac ture , di stribut e, di spe nse, po ssess or use co nt ro ll ed sub stance s, as defined in
2 1 U .S. Co de Section 8 12 , includin g marijuana , hero in , cocaine, and amphetamines,
at any facilit y, premi ses or worksite used in any mann e r in co nn ec tion w ith
pe rfon n i ng serv ices pursuant to tlli s Agreement. If Co ntr acto r or any e mpl oyee o r
subcontractor of Cont ractor is co nvicted or pleads no lo contendere to a cri min a l dru g
statut e vio lat io n occ urrin g at such a facilit y, premi ses, o r works ite , the Co ntractor,
wit hin fi ve da ys thereafte r, shall not ify the Cit y.
e . Discrimination Probibited. Contractor ass ure s a nd agrees that Contrac tor w ill
co mpl y wit h Title V ll of th e C ivil Ri gh ts Act of 19 64 a nd ot h er laws prohibiting
di sc rimin ati o n a nd that no person sha ll , on tbe gro u nds of race , creed , co lor,
di s abilit y, sex, sexual orie nta ti on , nat io nal origi n, age, re li gion, Vietnam er a vete ran's
status , political affiliation, o r any other non-merit factor s be excl ud ed from
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participating in , be denied the benefits of, or be ot herwise s ubje cted to di scriminati on
und e r thi s Agree ment.
10. DOCUME NTS AND RECORDS
a. Property of City. All rep0l1 s, data, maps , models , c harts , st udies , surveys ,
photograp hs, memoranda or oth er written doc um ents or materials prepared by
Contra cto r pursuant to thi s Agreeme nt shall become th e property of C it y upon
completion of the work to be perfoml ed h ere und er or upon tennination of thi s
Agreement.
b . Retention of Records. U ntil th e expirat ion of five years aft er th e furnishing of a ny
serv ice s pursuant to thi s Agreement , Co ntracto r s ha ll reta in and ma ke ava ilable to the
C it y or any party des ignat ed by the City, up o n written requ es t b y C it y, thi s
Agreement , and s uch boo ks, d oc um ent s and re cord s of Co nt rac tor (and any books,
document s, a nd reco rd s of any s ub co nt ractor(s» th a t are necessa ry o r co n ve ni e nt for
audit purp oses to certify the nature and extent o f th e reaso na bl e cos t of services to
City.
c. Use Of Recycled Products. Contrac tor s hall prepare and su bmit a ll rep ort s, written
studi es and ot her printed material on recycled paper to the extent it is available at
equal or less cost than v ir gi n paper.
d . Professional Seal. Where a pplicabl e in the d ete nnination of th e contra ct
administrator, the frr st page of a tec11l1ical report , first page o f de s ign spec ifications,
and each pa ge of co nstructi o n drawings shall be stam pe d/sea led and signed by the
licen sed profe ss ional responsible for the report/design prep arati on. The stamp/sea l
s hall be in a blo ck entitled "Seal
and Signature of Registered Profess ional with report/design responsibility" as per the
sa mpl e below .
Seal and Signature of Registe red Profess io nal w ith
re ort/design res o ns ibilit .
II . CONFIDENTIAL INFORMATION Co ntra ctor sha ll ho ld any
co nfid ential infom1 a tion re ce ived from City in the co urse of perfo nning thi s Agree ment in tru st
and co nfid ence and will not revea l suc h confi de nti a l infonnation to any person o r entity, e ith er
durin g the tem1 of th e Agreement or a t a ny time thereafter. Upo n expiration of thi s Agreement ,
or tennination as provid ed herein, Co ntractor sha ll return materials whi c h co nt ain a ny
confidential infonnat io n to Ci ty. Con trac to r may keep o ne copy fo r it s co nJid ential file. For
purposes of thi s paragrap h, confidential infonn a ti on is defined as a U infonnation disclosed to
Con trac tor whi c h re la te s to C it y's past, present, and future activities , as well as activi ti es under
tllis Agreement, whi ch infom1ation is not otherwi se of publi c re co rd under Ca lifomia law .
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12. RESPONSmILITY OF CONTRACTOR Co ntractor sha ll take a ll respo ns ibili ty
for th e wo rk, s ha ll be a r all losses and damages dire ctl y or indirectly resulting to Contract o r, to
any s ub contrac tor , to the C ity , to City officers and e mpl oyees, or to pa rti es des ign ate d b y the
C it y, on acco unt of the p erfo rmance or character of th e work , unforesee n diffi c ulti es, acc id e nt s,
occurrences o r o th er ca u ses to th e exte nt predi cated o n ac ti ve or passive neg li ge nce of the
Co ntrac tor or of any subcont ractor.
13 . INDEMNIFICATION Contractor and Ci ty agree that C it y, its empl oyees ,
agent s and official s s ha ll , be full y p rotected from a ny loss , inju ry, d amage, claim, la ws uit , cos t,
ex pense , attorneys fe es, liti ga tion costs , defen se costs , court costs or any other cos t to the extent
arising out of or in any way related to th e negligent perfornlan ce of tlli s Agree ment. Acco rdin g ly ,
the pro visio ns of thi s ind e mnity pro v is ion are int ended by th e parti es to be int e rpreted and
construed to pro vid e th e fullest prot ec tion poss ible under the la w to the C it y. Co ntra c tor
acknowledges that Cit y would not enter int o thi s agreement in the abse nce of th e co nunitm ent of
Co ntra c tor to indenulify and protect C it y as set fOlih belo w.
a . Indemnity. To th e fullest ex tent pe nnitt ed by law , Contracto r s hall defend ,
inde nmify and hold ha nnl ess C it y, it s employees, agents and officials , from a ny liabilit y,
claims, suit s, actions , arbitration proceedings, administrative proceedings , regulato ry
proceedings, lo sses , expenses o r costs (including, without linlitation, costs and fee s of
liti gation) of any kind what soever without re striction or limitation, in cu rred in relation to ,
a s a co nsequ ence of or arising out of or in any way attributable actually, alle ge dl y or
impliedly, in whol e or in part , to the p erformanc e of this Agreement. Al l obli ga tions
under thi s pro v ision are to be paid by Co ntra ctor as the y are incurred by the C ity.
b. Limitation on Indemnity. With o ut affecting the rights of C it y und er any pro vis ion of
thi s agreement or thi s sec tion , Co ntractor s hall not be required to defe nd , indemnify and
h o ld harmle ss Ci ty as set forth above for Liabilit y attributable to th e acti ve negli ge nc e,
so le neglige nce, or willful mi sconduc t of C it y, pro v ided s uch acti ve n eg li gence, sole
negli gence, or willful mis co nduct is deternlined by agreement between the p a rtie s or the
findings of a court of competent juris di cti on.
c. Sco pe of Contractor Obligation. The o bligations of Contrac tor und er thi s or an y other
pro vis ion o f thi s Agreement will not be Iinlit e d by the pro v isio ns of any workers'
compensa tion ac t or si mil a r act. Contractor expressly waives it s statut ory immunity
und e r such statut es or law s as to C it y, it s emplo yees and officials.
d . Subcontractors. Contractor agrees to obtain exec uted indenmity agreeme nt s with
provis ion s identi ca l to tho se set forth here in tlli s section from each a nd every
s ub co ntra cto r, s ub ti e r co ntract or or a ny ot h er perso n or e ntit y invo lve d by, for , with or
on b eha lf of Contra cto r in th e per formance or subj ec t matt er of this Agreement. In the
event Co ntra c to r fails to obtai n such indenmit y o bligations from oth e rs as requir ed here,
Co ntra ctor agrees to be fully responsible acco rdin g to the te nns o f this sec ti on.
e . In General. Failure of C it y to mOllitor co mpli ance with the se requirements imp oses no
additional o bli gat io ns on C it y a nd will in no way act as a waiver of any ri ght s hereunder.
Tlli s obligati on to indemni fy and defe nd C it y as set forth herein is binding o n the
s uccessors , assigns , or hei rs of Co ntra cto r and shall s urvive the tenrunation o f thi s
agreement o r thi s sec ti o n. For purp oses of Section 2782 of the C iv il Code th e parties
he reto recogni ze and agree th at thi s Agreement is not a constru c ti o n co ntra ct. By
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execution of thi s Agr ee ment , Con trac tor acknowledges and agrees that it ha s read and
und ers tand s the provi s ions hereof and that tlli s paragraph is a matel;al element of
cons ideration. City approval of th e in sura nce contra c ts r eq uired b y thi s Agreement doe s
not relieve the Contractor or s ub co ntractors fr o m liabilit y under tlli s paragraph.
14 . INSURANCE REQUIREMENTS Contractor s hall procure and maintain
for the duration of the contract insurance as set forth in Exhibit E. Th e co st of such ins ur a nc e
shall be includ ed in th e Co ntractor 's bid .
IS . DEFAULT AN D REMEDIES
a. Eve nt s of default. Each of th e following shall co nsti tute an e vent of default
hereunder :
I. Fai lu re to perfo nn any obligation under tllis Agreement and failnre to cure such
breach immediately upon receiving notice of such breac h, if th e breach is such
that the City detemlines the health , welfare , or sa fety of the pub li c is inunediately
endangered; or
2 . Failure to perfonu any obligation under this Agreement and failure to cure suc h
breach within fifteen (IS) days of receiving notice of such breach, if the breac h is
such that the City detennines that the health , we lfare , or safety of the public is
not immediately endange red , provided that i f the nature of the breach is such tbat
the City detennines it will reasonably require more than fifteen (15) days to cure,
Contractor shall not be in default if Contractor prompt ly commences the cure and
dili gently proceeds to comp letion of the cure .
b. Remedies upon default. Upon any Contractor defau lt, City shall ha ve the right to
immediately suspend or tenninate the Agreement, seek specific perfonnance or
contract with another party to perfonu this Agreement.
c. No Waiver. Failure by City to seek any remedy for any d efa ult hereunder shall not
constitute a waiver of any other right s here und e r or any right to seek any rem edy for
any subsequent default.
16 . TERMINATION Either party ma y temrinate thi s Agreement with or without cau se
by pro viding 10 days notice in writing to the other party . The C ity may tenninate this Agreement
at any time without prior notice in the event that Contractor conunits a mate rial breach of the
tenus of this Agreement. Upon tennination, this Agreement shalt become of no further force or
effect whatsoever and each o f th e parties hereto s ball be relie ved and discharged here-from ,
subject to payment for acceptable services rendered prior to th e expirat ion of th e noti ce of
tennination . Notwithstanding the foregoing, the provisions of tllis Agreement concenling
retention of record s, Ci ty's rights to materia l produced , confidential infOlmation , consultant's
responsibility, indemnification, insurance, dispute resolution , litigati on, and juri sdiction and
seve rabilit y s hall survive temrinatioll of thi s Agreement.
17. DISPUTE RESOLUTION The parties shatt make a good faith effort to sett le any
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dispute or claim ari s in g und e r this Agreement. If the pa rti es fail to reso lve s uch disputes o r
c la ims, th ey s hall s ubmit th e m to non-bindin g mediation in Ca lifornia at s hared expense of th e
parti es for at lea st 8 ho ur s of mediation. If mediation d oes not arrive a t a sat is facto ry resu lt ,
arbit ratio n, if agreed to by all parties , or liti ga ti on ma y be purs ued. In the event any di spute
re so luti on processes are invo lved , eac h pa rt y s hall bear it s own cos ts a nd attorneys fees .
18. LITIGATIO N I f any liti gatio n is commenced between part ies to thi s agreeme nt
c onceming any provision he reof or the right s and dutie s of any person in re lati on th ereto, eac h
pa rt y s hall bear it s ow n attorneys' fees and costs .
19. JURISDICTION AND SEVERABILITY Thi s Agreement s hall be
ad mini ste red and interpret ed under th e laws of the State of Ca lifornia. Jurisdiction of litigation
a ri sin g from tlu s Agr eem e nt s ha ll be in that state and ve nu e s hall be in Santa C lara Co unt y,
Ca li fornia. If an y part of thi s Agreement is found to co nfli ct with applicable laws, such part s ball
be inoperative , null a nd void insofar as it co nfli cts w ith sai d laws, but tb e remainder of thi s
Agreeme nt s ball be in full force and effect.
2 0 . NOTICE OF NON-RENEWAL Contrac tor und e rstand s and agrees th at there is
no representation, implic ation , or understa nding tha t th e City will requ es t that work product
pro vid ed by Contra ctor under thi s Agree ment be s uppl eme nted or continu ed by Co ntrac tor und er
a new agreemen t following exp irat io n or te nnination of thi s Agreeme nt. Contractor waives all
ri ghts or claims to noti ce or h earing res p ec tin g any failure by C it y to continue to reque st or retain
all or any portion of th e work product from Contrac tor following the expirat ion or tennination of
thi s Agreement.
21. PARTIES IN INTEREST Thi s Agreement is e ntered onl y for th e benefit of
th e parti es executing thi s Agreement and not for th e benefit of a ny ot her indi v idual , e ntit y or
perso n.
22. WAIVER Ne ither the acceptance of wo rk or pa y ment for wo r k purs uant to tlu s
Agreeme nt s hall cons t itute a waiver o f any right s or ob li ga ti ons a ri s in g under thi s Agreemen t .
The failure by the C it y to enforce a ny of Co ntractor's ob li ga tio ns or to exe rci se C ity's right s s ha ll
in no e ve nt be de emed a waiver o f the right to do so thereafter.
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EXHIBITE
INSURANCE
Plea se refer to th e in s urance requirements li sted b e low. Those that have an "X" indi ca ted in the
spac e before tbe requirement app ly to Contractor 's Agreemen t (ignore any not checked).
Contractor shall pro v ide it s insurance broker(s)lagent(s) with a copy of th ese require ment s and
request that th ey pro v ide Certificates of In s uranc e complete with copies of all required
endorsements to : Administrative Services Officer, City of Saratoga, 13 777 Fmit va le A ve nu e,
Saratoga , CA 95070.
Contrac tor sha ll furni sh C it y with copies of origina l endorsements affecting coverage required by
this Ex hibit E. The endorsements are to be signed by a pe rson authorized by that in s urer to bind
coverage on it s behalf. All endorsements and cert ifi cates a re to be received and appro ve d by C it y
before work commences. City ha s the right to require Contractor's insurer to provide complete,
cel1ified cop ie s of all required in suran ce po licies, including endorsement s affecting the coverage
required by the se specification s .
..x.. Conunercial GenerallBusiness Liability In suranc e with coverage as indicated:
..x.. S2,OOO,OOO p er occurrence/S2,000,000 aggregate limits for bodily illJury and
propert y damage
$ per occurrence bodily injury/$ per occurrence
property damage
Coverage for X, C, U hazards MUST be evidenced on the Cert ifi cate of
In surance
If the standard ISO Fonn wording for "OTHER INSURANCE", or other
comparab le wording, is not co nt ained in Contractor's li ability insurance policy,
an endorsement mu st b e pro v ided that said insurance will be primary insurance
and any insurance or se lf-insurance maintained by City, its officers , emp lo yees,
agents or volun teers shall be in excess of Contractor's insurance and sha ll not
contribute to it.
..x.. Auto Liability In surance with coverage as indicated :
..x.. $2,00 0 ,0 00 combined s ingle limit for bodily injury and propert y damage
$ per person/$ per accident for bodil y injury
$ per occurre nce for propel1 y damage
$ 500,000 combined single limit for bodil y injury and propert y damage
Garage keepers extra liabilit y e ndorsement to extend coverage to all ve hicle s in
the care, custody and control of the consultant , regardless of where the vehicles
are kept or dri ve n .
..x.. Profess ional lE rrors and Omissions Liability with cove rage as indicated:
---.2L $1,000,000 per loss / S 1 ,000 ,000 aggregate
$5,000 ,000 per loss/ $5 ,000 ,0 00 aggregate
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Contractor must maintain ProfessionaVErrors & Omissions Liability coverage for a period
of three years after the expiration of this Agreement. Contractor ma y satisfy this
requirement b y renewal of existing coverage or purchase of either prior acts or tail
coverage applicable to said three-year period.
L Workers' Co mp ensation h,surance
L In c ludin g minimum 5 1,0 00 ,000 Employer's Liability
Tbe Employer's Liability policy shall be endorsed to waive any right of subrogation as
respects the City, its employees or agents.
The Contrac to r ma kes the following ce rtifi catio n, required by sect ion 186 1 of the Ca lifomia
Labor Code:
I am aware of the provi s ions of Section 3700 of th e Labor Code which require every e mpl oye r to
be in su red agai nst li abi li ty for worke rs' co mp e nsation o r to undertake se l f-ins uran ce in
accordance with the pro visions of that code, and I will com pl y wit h s uc h pro vis io ns before
commenc in g th e performance of th e work of this cont ract
L Additional In sured Endorsement(s) for Co nun ercial GeneraVBusiness Liability cove rage
nanlin g the City of Saratoga, it s offi cers, employees an d agent s as ad diti ona l insured.
(NOTE: ad d itio nal in s ur ed langua ge on the Cert ifi ca te of In surance is NOT acceptable
w itho ut a separate endorsement such as Form CG 20 10)
...x... The Ce rtificate of In suran ce MUST provide 30 da ys notice of ca nc e ll a ti on, (10 days
no tice for no n-p ay ment of prenlium). NO TE : th e fo ll ow in g words must be crossed o ut or
del ete d from the sta nd ard cance lla tion clause: " ... endeavor to ... " AND " ... but
failure to
mail suc h notic e sha ll imp ose no ob ligatio n o r liabilit y of an y kind up on the com pany, its
agents or repr esen tati ves."
All sub co ntracto rs used must comply wi th the above requirements except as noted below:
As to a ll of the checked in s urance requirement s above, th e following s ha ll app ly:
a . Deductibles and Self-lnsured Retentions. Any deduct ibl es or self-ins ured
rete nti ons mu st be declared to and approved by the C it y. At the option of th e C it y,
e ith er (I) the in surer sha ll red uce or e linlin ate such deductible s or self-in s ured
retentions as re spects the Ci ty. it s officers, officia ls a nd employees; or (2) the
Contrac tor sha ll procure a bond gua ra nt eeing payme nt of losses and related
investigations , claim admin istration a nd defense expenses.
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b. City as Add itional In sur ed. The City, its officers , officia ls, employees and
vo lunte e rs are to be cove red as in s ureds as respects: li a bility ari s in g ou t of activities
pe rfo ml ed by or o n be hal f of the Contractor; p roduc ts and com pleted operati ons of
th e Contrac to r, premises owned, occ upi ed or used by the Con tra ctor, or automobiles
ow ned, le ased, hired o r borrowed by the Con tractor. The coverage s hall con tain no
sp ec ia l li mitations on the scope of the protection afforded to the C it y, its officers,
officia ls, emp loyees or vo lunt eers.
c . Other Insu rance Provisions . The policies are to con tain , or be en dorsed to contain ,
the following prov i sions:
I. Any fai lure to co mpl y w ith report in g provisions of th e po l icies sha ll not affect
coverage prov ided to the C it y, it s office rs, officials, e mpl oyees or vo lunt ee rs.
2. The Co ntra ctor's insurance sha ll apply se paratel y to eac h in s ure d again st who m
claim is made or sui t is brought , except with re s pect to the li mits of the insurer's
li abi lit y.
3. Coverage sha ll not be suspend ed , voided , canceled b y eith er party , red uced in
coverage o r in limit s except after thirty (30) days' prior written notice by certified
mail, return rece ipt requ es ted , ha s been g ive n to the C it y.
d . Acceptability of Insurers. In s ura nce is to be plaoe d w ith in s urers with a Bests '
ra ting of no less than A: VII
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SARATOGA CITY COUNCIL
MEETING DATE: June 17 ,2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY : Iveta Harvancik
Sen io r Engineer
DIRECTOR: John Cherbone
Public Works Director
SUBJECT: Contract Renewal for Geotechnica l Consu lting Services
RECOMMENDED ACTIONS:
Approve a two-year contract renewal with Cotton, Shires, and Associates, Inc. for Geotechnical
Engineering Services and authorize City Manager to execute the same.
REPORT SUMMARY:
Co tton , Shires, and Associates, Inc (CSA) have been providing geotechnical consulting services
and hillside applications peer review services for the City for man y years. They are a well-
establ ished profess ion al consu ltin g firm located in Los Gatos with extensive knowledge oflocal
geologic conditions.
They provide excellent services reviewing individual building sites to assist in establishing
conditions of design review approval relating to identification, evaluation, and mitigation of
geo lo gic and geotechnical hazard s. In addition, they provide engineering input to City spo nsored
projects and City owned property and ri g ht-of-way. They have bee n very responsive to emergency
calls in connection with land s lide hazards .
The personnel hourly rate s for Cotton Shires have not changed in two years and th ey agreed to
continue to provide their services at these rates for two additional years (duration of this contract).
The rates charged to the City reflect a 30 percent reduction for peer review services and 10 percent
reduction for other consulting services CSA charges for private clients .
It is therefore recommended that City Council approve an extension to the existing contract with
Cotton, Shires, and Associates, Inc . for peer review serv ices and on-call geotechnical engineering
services for th e City and authorize the City Manager to execute the sanle.
FISCAL IMPACTS:
Funding for the contract is included in the adopted budget.
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CONSEQUENCES OF NOT FOLLOWiNG RECOMMENDED ACTlON(S):
The existing contract wou ld not be ex tend ed.
AL TERNA TIVE ACTION(S):
The Co uncil co uld direct staff to sol icit additional proposals.
FOLLOW UP ACTION(S):
The contract extension wi ll be exec uted.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
A TT ACHMENTS:
I . Independent Co ntract o r Agreement.
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CITY OF SARATOGA
PUBLIC WORKS DEPARTMENT STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga , California b y and between the CITY OF SARATOGA, a
m unicipa l corporation ("C it y"), and COTTON, SHIRES AND ASSOClA TES, INC., ("Contractor"),
who agree as follows:
RECITALS
WHEREAS , City requires the services of a qualified contractor to provide the work product described in
Exhibit A of this Agreeme nt ; and
WHEREAS , C it y lacks the qualified persOlmel to provide the specified wo r k product ; and
WHEREAS , Contractor is dul y qua li fied to provide the required work product ; and
WHEREAS, Contractor is agreeab le to providing such work product on the tenus and conditions
hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
I . RESULTS TO BE ACHIEVED Subject to the tenus and co ndition s set forth in this
Agreement, Contracto r sha ll provide to City the work product described in Exhibit A ("Scope of Work").
Contracto r is not authorized to und ertake any efforts or incur any costs whatsoever under the telms of tllis
Agreement until receipt of a fully executed Purchase Order from the Finance Depanment of the City of
Saratoga.
2. TERM The tenu of this Agreement conunences on Jul y 1,2009 and extends through
June 30, 2011 or the comp let io n of the project , whichever occurs frrst , unless it is extended by wri tten
mutual agreement between the parties , provided that the parties retain the right to temlillate this
Agreement as provided in Exhibit D at a ll times.
3. PA YMENT City shall pay Contractor for work product produced pursuant to tllis Agreement
at the time and in th e marmer set forth in Exhibit B ("Payment"). The payments specified in Exhibit B
sha ll be the only payments to be made to Contractor in connection with Contractor 's comp let ion of the
Scope of Work pursuant to tllis Agreement. Contrac tor shall submi t a ll billings to City in the manner
specified in Exllibit B; or, if no manner is spec ified in Exhibit B , then according to the usual and
customary procedures and practices wlli ch Contractor uses for billing clients similar to City.
4. FACILITIES AND EQUIPMENT Except a s set fonh in Exhibit C ("Facilities and
Equipment"), Contrac tor shall , at its sole cost and expense, fumish all facilities and equipment, which
ma y be required for completing the Scope of Work pursuant to this Agreement. City shall funlish to
Contractor onl y the facilities and equipment li sted in Exllibit C accord in g to the tenus and conditions set
forth in Exllibit C.
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5. GENERAL PROVISIONS C ity and Contractor agree to and s hall abide by the general
pro vis ions set fmih in Exhi bit D ("General Provisions"). hl the event of any inconsistency between sa id
genera l provisions and an y o th er ternlS or conditions of tllis Agree ment, th e o ther ternl or condition sha ll
control in so far as it is incons istent wit h the Ge neral Pro visions.
6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by thi s
referenc e illcorporated herein a nd made a part of thi s Agreement.
7. CONTRACT ADMlNISTRA TION Thi s Agreeme nt shall be administered on
behalf of C it y by Dave An derso n ("Adnlinistrator"). The Adnlini s tr ato r has comp lete au th ority lO receive
infornlat ion, int e rpret a nd de fme City's policies co ns iste nt with this Agreeme nt, and communi ca te with
Con trac tor conce ming thi s Agreement. A ll co rr es pond ence and ot her conIDlUllications sha ll be direc ted
to or through the Adminis tr ato r o r his or her designee .
8. NOTICES All not ices or conununication co nce min g a party's complian ce w ith th e tenns of
thi s Agreement s hall be in writing and may be given eit h er personally, by certified mail , return rece ipt
req ues ted, o r by overnig ht exp ress carner. The noti ce sha ll be de eme d to h ave bee n given and received
on the date d eli vere d in person or th e date upon whic h the postal aut horit y or overnight express calTie r
indicates that the mailing was delivered to the add ress of the receiving Party. The Pal iies sh a ll make
good faith efforts to p rovi d e advance courtesy n o ti ce of any not ices or communications hereu nd er v ia
telefacsinlile . Howeve r, und er no circumstances shall suc h courtesy notice sa ti sfy the noti ce requirements
set forth above; nor shall la ck of su c h co urte sy notice affect th e va lidit y of serv ice pursuant to th e notic e
requirem ent set forth above. Any Pa rt y heret o, by giv in g ten (l0) days writt e n notice to the ot h er, may
des igna te any other address as sub st ituti on of the address to which the noti ce or conmlUllication sh a ll be
given. No tic es or cOlmnunica ti o ns shall be g iven to th e Parties at the addresses set forth below until
speci fi ed oth erw ise in writing:
Not ices to Co ntr ac tor sha ll be sent to:
William R. Cotto n
Pres ident
Co tton , Shires and Associates, In c .
330 Village La ne
Lo s Gatos , CA 95030
Not ices to C ity shall be sent to:
Da ve Anderson , Cit y Manager
City of Saratoga
13777 Fruitva le Avenu e
Saratoga, CA 95070
W ith a copy (wllich copy sha ll not constitute not ice) to:
City C lerk
City of SaralOga
13777 Fruitvale Avenue
Saratoga, CA 95070
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9. ENTIRE AGREEMENT Tlu s Agree ment sup ersed es any and all agreeme nt s, ei th er o ral or
written , between the palties hereto with respect to Co ntractor's co mpl e ti on of the Scope of Work on
behal f of Ci ty a nd co ntain s all of th e covenant s a nd agree me nt s b etwee n the part ies with respec t to the
rend ering of such services in any maImer whatsoeve r. Each part y to tlu s Agreement acknowledge s that
no representati ons, indu cement s, pronu ses or agreemen ts, ora ll y or ot herwise, ha ve been made by any
party, or anyon e act in g o n beha l f of a ny pa rt y, which are not embodied herein, and that no other
agreement , stat emen t or promise not co nt ain ed in tlu s Agreeme nt shall be valid or binding. No
amendment, alt eration , o r variation of the tenns of tlu s Agreeme nt shall be va lid unl ess made in writ in g
an d signed by th e parties hereto.
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IN W ITNES S WHEREO F, the paI1 ies h eret o have exec ute d thi s Agreement.
CONTRACTOR:
By: -------------------------Da te : _______ _
Prin t Na me : _________ ___
P os it io n : ---------------------
C ITY OF SARATOGA , a mU llici pa l co rp o ra ti o n
B y: ----------------------D a te:
Nam e : Da ve Ande rso n
Titl e: C it y M a nage r
APPROVED AS TO FORM:
B y: ____ -=-:-________________ _
C it y Att om ey
D a te:, ________ _
Attacimlent s
Ex hibit A
Exhibit B
Exhibit B-1
Exhibit B-2
Exhibi t C
Exhibi t D
Exhibit E
--Sco pe o f Work
--Payment
-- Pe rsOlUl e l Ra te Sh eet FY 200 9-2 01 I
-- Sch edul e o f C harges FY 20 09 -20 II
--Fa c iliti es and Equipme nt
--Genera l Pro vis io ll s
--In s u rance Re quire me nt s
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124
EXHIBIT A
S C OPE OF WORK
Geolo gical a nd G e otechnical Services
O n req ues t oJ th e Pu b li c Wo rks Direc to r or hi s or h e r des ignee, Co nsu lta nt w ill pe rfOlm geo log ica l an d
geo teclm ica l serv ices on beha lf of the C it y in th e fo ll ow in g pa rt ic ul a rs :
a) Re v iew of indi vidu a l buildin g s it es (pee r re view) to ass ist in es ta bli s hin g co ndi tions of d es ign rev iew
ap prova l re latin g to id e ntifi ca ti o n, eva luat io n a nd miti gat ion of geo logic and geo teclmi ca l hazards.
Prov id e a writt e n res ponse to the C it y by th e date s pecifie d or w he n no date is spec ifi ed , within te n
(10) wo rkin g d ays afte r receipt of sub mi tte d re view ma teri a l and C it y a uth ori za ti o n .
b ) R e view of te nta ti ve su bd iv is io n map s (p eer rev iew) to ass ist in esta bli shing co ndi tio ns of d es ign
rev iew a pproval re la tin g to identificati on, e va l ua ti o n a nd mi tiga t io n o f geo logic a nd geo tec lmi ca l
haza rd s. P rov id e a writt e n r es ponse to th e C ity by the da te sp eci fi ed o r w he n no d a te is specifi ed,
w ithin te n (10) wo rking days a ft er rece ipt of submitted r ev iew mate ri a l a nd C ity a uth orizatio n .
c) Rev iew e ngin ee rin g geo log ic, geo techni cal enginee rin g and e nv iro nme nt a l rep ort s (peer revi ew)
submitt ed to th e C it y in s upp o rt o f devel o pment proj ec t. P rovi d e a wli tt en res ponse to th e C it y by the
date s pecified or whe n no d at e is specified , w ithin ten (10) working days aft er r eceipt o f submitted
rev iew mat e ri a l and Cit y a uth o ri za ti on.
d ) P rovide ge olo g ica l and geo teclmi ca l input to th e C ity 's Publi c W o r ks and Co nununity D evel o pm e nt
D e partme nt s as re qu es ted re la ting to C it y s po nsored proj ec t a nd C it y ow ne d property a nd ri ght-of-
w a y.
The forego in g services s ha ll b e co mp e nsated for by Ci ty at th e tim es, a nd in th e a mount s, as here in afte r
se t fo rth . A ll su c h serv ices s hall be perform ed by Consul tant in a go od a nd wo rkm a nlike manne r and in
acco rd a nce w ith the hi g he st stand a rd s o f geo logical a nd geo tec hni ca l prac ti ces .
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EXHIBITB
PAYMENT
I. T OTAL COMPENSATION.
C it y shall pa y Co ntrac tor at th e rates se t forth on th e atta c hed rate sc hed ul es. Per so nnel rate sc hedul es as
set forth in Exhib it B-1 a nd sc hedul e o f c harges as set forth in Exhibit B-2 s hall be u sed fo r work
pe rfo1111ed and equipm ent , s uppl y , and ex pe nse costs in c urred purs uant to thi s Agree me nt.
a. All peer review services as desc ribed in E xhibit A -Scope of Work item s a), b), and c)
shall be cha rged in accordance wi th the pe rso rmel rates set fo rtb in Exhibit B-1 .
b . All per so nn e l service s, eq uipment, suppl y, and expe nse c osts as describ ed in Exhibit A -
Scope of Work item d) shall be charged in acco rdanc e with the sc hedule of charges,
reduced by ten (10) % set forth in Exhibit B-2 .
c. The tota l compensation (in cludin g equipment , supply, and exp e nse costs) purs uant to
Exhib it A -Scope of Work item s a) through c) for FY 2009-2010 shall not exceed Ei ght y
Thous and Dollars ($80,000.00). Th e total compens ati o n (including equipment, s uppl y,
and expense costs) purs uant to Exhibit A -Scop e of Work item d) for FY 2 009-20 I 0
s hall not exceed Ten Thousa nd Dollars ($10 ,0 00.00 ).
The total compensati on for FY 20 I 0-20 II w ill be detel11Uned as per the City of
Saratoga's adopted budget for FY 2 010-2011. No work s ha ll be perfonned after June 30,
20 I 0 until City ha s infonned Contrac tor of th e total compe nsation pennitt ed by that
budget.
d . All services shall be rendered within th e monetary limits authorized pe r each trans mittal
City s hall be notified if limit is rea c hed and wo rk shall be su spended until further
monetary limit is authorized.
2. INVOICES Co ntractor sha ll s ubmit in vo ice s, not more often th an once a month during the
te rm of thi s Agreement , ba sed on the co st for 1V0rk perfOlmed prior to th e in voi ce date . In vo ice s sba U
contain the foll ow in g informatio n :
a . Seria l id entifications of bill s , i.e., Bill No. I ;
b . The beginning and en din g dates of the billing period ;
c. A s ununary containing th e total con tra c t amount , th e amount of prior billings , the total
due thi s peri o d, and the remaining balance ava ilabl e for all remainin g billing pe riod s.
3. MONTHLY PAYMENTS City shall mak e monthl y pa ym ent s, ba sed on s uc h invoi ces , for
sa ti s facto ry progress in completion of the Scope of Work.
4. REIMBURSABLE EXPENSES Th ere shall be no right to reimb urse ment of ex pe nses
incurred by Co ntra c tor exce pt as s p ec ifi ed in Exhib it A to this Agreement.
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EXHIBIT 8-1
Cotton, S hires and Associates, Inc.
2009-2011 FY Fees a uly 1 throug h June 30)
for the
CITY OF SARATOGA
Perso nn e l C harges
Se ni or Principal Geo logist /Engineer SI65 .00 /hr.
Principal Geologist/Engineer S13§.OO /lu .
Senior Geo logist /Engineer SIIO.OO /lu.
Staff Geologist /E ngin eer S 95.00 /lu.
Word Proce ss or/Clerical o C harge
The inelicated fees reflect an average 30 percent reduction from our 2009 Sc hedule of C h arges for
private cli ents. \'lie are able to offer the C ity this eli sco unt b ecause the o ngoing work generated from a
Ci ty Geotechnical Consu ltant Agreement typica ll y proceeds without significant proposa l COSts. In
adelitioa, such coasulring \ 'ork does not involn LIS directly as a design profess ional fo r propose d
s trllcture s, and conseque ntl y results in so mew h at reduced li ab ili ty exposure .
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EX HIBlT B-1
C otton , S hires and A ss ociates , In c.
200 7-2009 FY F ees
Oul y 1 t h roug h Ju ne 30)
fo r
T h e C i ty of S a ra to ga
Pe rs orm e l Ch an1es
Seruor POOc lpa l Geologist /EnguJeer
P nncipa l Geologist / E n gineer
Senior Geologis t/EnglOee r
Staff Geo loglSt /E ng tn eer
Wo rd Processo r /C lencal
5165 .00 /hr.
S I 35.00 /h 1.
5110.00 /lu.
S 95.00 /hr.
'0 Charge
The indicated fee s refl ect an .,'erage 30 perceIlt reduction from Out 200~ Schedule oi Charges
for pn\'3te clients . \\'e are able to offer the Ctty tIus discount because rhe o ngOl.ng \\'o rk
gene rate d (rom a C i[y Geotechnical Consu lta nr .\greemenr ryp ica Ur proceeds ",,,h o ur
srglllficanr pro posal cos[s. In addmo n , suc b con,ull1l1g work does nul tn,-o ke us dJrc crh ,l> ]
des ign profe >S lo.lal for propos ed 5trucrme s, and co n sequen tl " resullS III some",h" reduced
liabultl' expos ure .
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EXHIBIT B-2
COTTOK , SS :~ES .I.._~:; .~.SSO C :p.::-::~, ::-:C.
Ciersonnel CI" areas
?nnC'::Ja l GeOJO;IS E"9lne er
.L.,ss::;cra te Gc olagl sUEn grneer
SupervIsing Geolo£lsvEnglneer
Se:lJor SeologlstJEnglneer
Senror Staft GeologlsV Englneer
51aft GeologlsVEnglneer
Field /Laborato ry Techn ici an
T echnrcallllusuating
ClerrcellAccounling
E ~uroment and Suooly Charoes
Inclinometer Syslem
Fiezometer Dale Acquisition System
Total Station Surveying Equipment
GPSIReflectorless SurveYing Equ lpmenl
r,uc :ear l.lOls!ure/Unlt Weight Gacge
Rqc Chmb lng Saiety Eaurpme nl
SC~~u~~E 0 = Cr.A~G -S
FY 20 9 2011
5 BO /hr
S i 55 /hr
S 135/hr
S 12 5111r
S 10/hr
S 9S /hr
S 7Sihr
S 60/hr
S ISO/day
S 75/day
S 200/day
S 300 ld ay
S IOO/day
S 200 /day
"510CIly or Suspencea & 8ed Load Sa mph ng Equ rpmenl S iOO /day
1~lul!I -Chanr.el Se !sm o~rapn or ReMI Syslem
En£lreerrng (Lar ge Format ) Co pier
Ccmput er ,~ss is le d Color Plollin ,
Pubhc Works Departmenl
S tilIlda:d Contract
S 250 /day
S SOlmi
S .1 0112
S 1O.sq 'I
Exper t 1"111ness testi mony ror COdr: appe-a'o"k ::s 2r-:;
blndtng arbit rations 5 aU J E ::tla~,;ec .)(I a :al.~ t'25 3
Imln lmUm one oay Increme ntS J 313 -a ;e:; S: :::[ :if' ~3 ,
Deposition leSilmony sha ll ~E cr.arge:: a; a 'a:-s :' ;"::.'::'
per houf \mlO lmum one hour .:ha r,;e C r :~?;a icr ~.;"€ .:~
deposlh ons or cou n apcEaiarce:: s:-.o3ll::iS: ::IC';S ~ ::r ::
t,me·ana·expense basis I"', acco d31l ce ~'II ;/1 :1',5 ?e·s o:-.re
equip ment , ana CJ..pe nSE :' 3rgeS IIS;E J ":€! e';1
Laboratory Testing and Geoohv slc al Ser vic e ChcrJE-5
Labora lory les ting and geophys ic al service, shall be
charged on a time -and· materials reS S Ir accordanc e '.\'I:h
the Personnel , Equ ipment and Expe nse r;nar~es !'sie:
herein
Laboratory samples shall be stored ior 60 ja:.s aite r W,e
da le of final report submitta l un less sD8c:a l arrar,gE:rnen!s
are made for longer storage
EXDense CharGeS (RecelDled Cos;s ~Ius IS',
Trave l expenses Includ~ng 31! iale 1009:-;
vehicle rental , etc . (either act ual re celpied -:osts plu::. i 5 ~r
for meals or a fiat subs istence c~arse J i S5C pEr C'B;,;,!
for overmght stay shall be charged In 3CCII1or :c I~E
looging cost)
supp lies
Excav ati on SU::lcontrac:::cs arc -='De'1C:'::: E-.' ~':J
Keprod ucbon oi arawlnfS
Film , film developmeni ana CI~O!{..9r2C" ::H n:lng
Spec:al fees pe rm lls , Insurance c:c
Conference call letephone \::JS:~
SpeCia l mall serv ice (e ll E e::IC ..... ·: :CL r~1 -=':
SpeCial eqUIpment renta l
SpeCIa l consultant fe es
129
EXHIBlTC
FACILITIES AND EQUIPMENT
C ity s hall furni s h physical facilities suc h as desks , filing cabinets , and conference space, as may
be reasonably necessary for Cont ractor's use while consulting with City emp lo yees and reviewing records
and the infonnation in po ssess ion of City. The location, quantity, and time of furnishing sa id phys ical
facilities shall be in the so le discretion of C it y. In no event s ball City be obligated to fumish a ny facility
which ma y involve incllrring any direct expense, including, but not limiting the generality of thi s
exclusion , long-distance telephone or other communication charges , ve hicles , and reproduction facilities.
Contractor shall not u se such services , premi ses , facilities, supp li es or equipment for any purpose other
than in the perfornlance of Contractor's obligations under thi s Agreement.
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EXHIBITD
GENERAL PROVISIONS
I . INDEPENDENT CONTRACTOR At all times during the te nn of thi s Agreement,
Co ntrac tor shall be an ind epe nd ent co ntract or and shall not b e an e mpl oyee of C it y. Co ntracto r
shall comp le te th e Scope of Work hereunder in acco rdan ce wi th c UIT entl y approved met hods and
practices in Co ntrac tor's fi eld . City shall ha ve th e ri ght to control Contra c tor only w ith re s pect to
s pec ify in g th e res ult s to be obtained from Co ntra c to r pur suant to th is Agreement. C ity shall not
ha ve the ri ght to co ntrol th e me ans by whi ch Co ntr ac tor ac co mpli shes serv ices re nd ered pursuant
to tlli s Agreem ent. Likew ise, no re la ti o nsllip of employer and e mpl oyee is created by this Agree ment
between th e C it y and Co ntractor or any s ub contractor or e mplo yee of Co ntract o r. No thing
contained in thi s Agreement shall be co nstmed as limitin g the ri ght of Co ntractor to engage in
Co ntractor profe ss io n sep arate and apart fro m thi s Agreement so lon g as such activities do not
inte rfe re or conflict with th e p er fo nna nce by Contractor o f th e obligat ion s set forth in tlli s
Agreeme nt. Interfere nc e or co nfli ct wi ll be detemlined at the so le di scre tion of the City.
2. STANDARD OF PERFORMANCE Co ntractor shall complete the Scope of
Work require d pursuant to tlli s Agreem e nt in the maimer and according to the standard s observed b y a
competent practitioner of the profess ion in which Co ntractor is engaged in the geographical area in
which Contractor practic es its profess ion. All work product of whatsoever nature w hich Contractor
deli ve rs to C ity pursuant to thi s Agreement shall be prepared in a s ub stantial , fir st cla ss and wo rkmanlik e
Illanner and confonn to the standard s of quality nOimall y observed by a person practicing in Contractor 's
profe ss ion .
3. TIME Contractor shall d evote s uch time to the Scope of Work pursuant to thi s
Agreement as may be r easonabl y n ecessa ry for sati s fa ctory perfomlance of C ontrac to r's o bligations
pursuant to thi s Agreement.
4 . CONTRACTOR NO AGENT Except as C it y ma y specify in writing, Co ntractor s hall
have no authority, express or impli ed , to act on be half of C it y in any capacity w hatsoever as an agent.
Contractor shall ha ve no authorit y, ex press or implied , pursuant to thi s Agree ment to bind City to any
obli gation whatsoever.
5. BENEFITS AND TAXES Contractor shall not have any claim under thi s
Agreement or otherwise against City for senio rit y, vaca tion tinle, vacat ion pa y, s ick leave, perso nal
time off, overtime, h ealth insurance , medical ca re, ho spital care, ins uranc e bene fit s, soc ial security,
disabilit y, un emp lo yment , workers compensation or e mpl oyee be nefit s of any kind . Contractor s hall
be solely liable for and obligated to pay direc tl y all a pplic abl e taxe s, including , but not linlited to ,
federal and s tate income ta xes, a nd in co nn ect io n therew ith Co ntra cto r s hall indemnify and hold
C it y ha nnless from any and a ll liabilit y that C it y ma y incur because of Co ntra c tor's fa ilure to
pay such taxes. C it y shall ha ve no o bli ga ti o n whatsoever to payor w ithhold a ny taxes on b e ha lf
of Co ntrac tor.
6. ASSIGNMENT PROHmITED No party to thi s Agree me nt ma y as s ign any right o r
obli ga tion pursuant to thi s Agreement. An y attempted or purp o rt ed ass igrunent of any ri ght or obligation
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pursuant to thi s Agreeme nt sha ll be void and of no effect. H owever, with the conse nt of the C it y g ive n in
wri tin g, Contra cto r is e nti tl ed to subcon tract s uc h port ions of the work to be perfornle d under this
Agree ment as ma y be speci fied by C ity .
7. PERSONNE L
a. Qualifications, Contrac tor s ha ll ass ign only competent perso nn el to complete th e Scope of
Work pursuant to tllis Agreement. In the event th at C ity, in it s so le di scre ti on, at any tim e
during th e ternl of thi s Agreeme nt , desires th e removal of any suc h persons , Contracto r sha ll ,
inml ediately up on receiv in g notice from c ity of s uc h desire of C it y, ca use th e remova l of suc h
pe rso n o r p erso ns.
b. Emplo yment E ligibility. Contractor sha ll ensure that a ll emp loyees of Contract or and any
s ub co ntrac tor retained by Contracto r in connection w ith this Agreement ha ve provided th e
n ecessary do cum e ntati on to estab li s h id e ntit y and employment e li gib ility as req uired by the
lnmligra ti o n R e forn l a nd Co ntrol Act of 1986. Fa ilure to p rov ide the necessary
d oc um entati o n will result in the ternlination o f th e Agreemen t as req uired by the Immi grat io n
Refornl and Co nt ro l Act o f 19 86.
c. Prevailing Wages. Thi s is a public works contract witllin th e meaning of Part 7 of Di vis ion
2 of the Ca liforni a Labor Code (Sections 1720 et seq .). In accordance with Ca liforni a Labor
Cod e Section 177 1, all contractors and s ub contra c tors on thi s publi c work proj ec t s hall pa y
not le ss than current prevailing wage rat es as detemlined by the Ca lifonlia Department of
Indu strial Relation s ("DIR"). Pursu a nt to Section 1773 of th e Ca l ifornia Labor Code, th e City
has o btained th e ge nera l preva iling rate of wages and emplo ye r pa y me nt s for health and
welfare, vacat ion, pen s ion and similar purposes in the City of Saratoga, a copy of which is o n
fil e at 13777 Fruit va le Avenue , Saratog a, Ca liforn ia at the office of the Publi c Works
Director, and s hall be made ava ilabl e for view ing to any interested party up on re qu es t.
8. CONFLICT OF INTEREST
a. In General. Contractor re present s and warrants that , to th e best of th e Contractor's
knowledge and beli ef, th ere are no re leva nt facts or c ircum sta nc es which co uld give ri se to a
co ntli c t of int eres t on the part of Co ntra ctor, or that th e Co ntra c tor ha s a lr ea dy disclosed a ll
su ch relevant info nnation .
b. S ubsequ ent Conflict of Interest, CO lllra ctor agrees that if an actua l or potential conflict of
int erest on th e part of Contractor is discovered after awa rd , th e CO lllra ctor will m ake a full
di sclos ur e in writing to the City. This disclosure s hall includ e a descri pti o n of ac tion s, which
the Contractor ha s taken or proposes to take, after consultation w ith the Ci ty to avoid,
mi tiga te , or neutrali ze th e actual or potential con tli ct. Within 45 days , the Co ntra ctor sha ll
ha ve take n all nece ssary steps to a vo id , miti ga te, or neu trali ze the conflict of int e rest to the
sati sfa cti on of the City.
c. Interests of City Officers and Staff, No office r, member or e mpl oyee of City and no
m ember of th e Ci ty Coun c il sha ll have any pecu ni ary int erest , direct o r indirect, in thi s
Agreement o r the proceed s th e reo f. Nei th e r Co nt racto r nor any member of a ny Co ntrac tor's
family s hall serve on a ny C it y boa rd o r commill ee or ho ld a ny suc h pos iti on whi ch e ith er by
rul e, pra ctic e or action no min ates, recommends , o r s up erv ises Co ntr acto r's o perati ons or
authorizes funding to Contra c tor.
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9. COMPLIANCE WITH LA WS
a. In Ge neral. Co ntractor shall take rea so nah le ca re to observe and co mpl y with a ll laws ,
policies, general rul es and regu latio ns es tab li shed by C ity and s hall co mpl y w ith tbe common
law and a ll laws, ordinances, co des and regu lation s of governmenta l agencies, (inc lu ding
federa l, sta te, muni c ipal a nd local governi ng bodies) app li cable to the perfonnance of th e
Scope of Work he reunde r, including, but no t limited to , a ll pro vis ions of th e Occupational
Safety and Health Act of 1979 as amended .
b. Licenses and Permits. Co ntractor represents and warrants to C it y th at it has a ll licen ses,
permit s, qualifications and app rova ls of whatsoeve r nature whic h are lega ll y req uired for
Contractor to practice it s profess ion. Contractor represe nt s and warrants to C it y that
Cont ractor sha ll , at its so le cost a nd expense, keep in effect at a ll tim es durin g th e tenn of thi s
Agreement any li censes, pennit s, and approva ls w hi c h are lega ll y required for Co ntractor to
practice it s profe ss ion . In ad di tion to the foregoing , Co ntractor s hall obtain and maintain
during the tenn hereof a va lid C it y of Saratoga Business Li cense.
c. Funding Agency Requirements. To the extent th at this Agree ment may be funded by fiscal
assis ta nce from a noth er entit y, Co nt rac tor s hall comply with a ll applicable rules and
regu lations to whic h C i ty is bou nd by the ternlS of s uch fisca l assistance program .
d . Drug-free 'Workplace. Con tracto r and Contracto r 's emp loyees and s ubcontractors sha ll
compl y with the Ci ty's po li cy of maintaining a drug-free workp lace. Neither Contrac tor nor
Contractor's emp loyees a nd s ubcontractors s hall unl aw full y manu fac ture, di stribut e,
di s pense, po ssess or u se contro lleu su bstances, as uefi neu in 2 1 U .S . Co ue Section 8 12 ,
includin g marijuana , heroin , co cain e, and amph etamines, at any facility, prelni ses or works ite
u sed in any manner in coun ection with perfornung services pursuant to tlu s Agreeme nt. If
Contractor or any emp loyee or subcontractor of Co nt ractor is con v ic ted or p leads nolo
contendere to a clilninal drug sta tut e vio lation occuning a t such a facilit y, premI ses, or
worksi te, the Co ntract or, wit lun five da ys th ereafte r, shall not i fy the C ity.
e. Discrimination Probibited. Co ntractor assu res a nd agrees th at Co ntrac tor wi ll comply wit h
T itl e VII of th e C ivil Right s Act of 1964 and other laws pr olubitin g di sc rimin a ti on and that
no perso n sha ll , o n th e grounds of ra ce, c reed , co lor, di sa bilit y, sex, sexua l ori enta ti o n,
national origin , age, religion , Vietn a m era v et eran's statu s, politi ca l affil iatio n, or a ny other
non-merit factors be excluded from participating in , be denied the be nefit s of, or be o th env ise
su bjected to discrimination und er thi s Agree me nt.
10. DOCUME NTS AN D RECORDS
a , Property of City. All report s, data , map s, mode ls, charts , s tudie s, s urveys, photograph s,
memoranda or ot her writte n do cum e nt s o r mat erial s pr e pare d by Con tractor purs uan t to thi s
Agree ment sha U become the property of C ity upo n complet ion of th e work to be perfonlled
h e re und er or upon ternunat ion oftlu s Agreement.
b . Retention of Reco r ds . Until th e exp ir ation of fi ve years after the furnishi ng of any se rv ices
purs ua nt to thi s Agreement , Co ntracto r shall re ta in and make ava il ab le to th e C ity or any
party de signa ted by th e City, upon written req ue st b y C ity, thi s Agreement, and s uch boo ks,
documents and re cord s of Co ntra cto r (a nd an y books , documents , a nd reco rd s o f any
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subcont ractor(s)) that are necessary or convellie nt for au dit purposes to cel1ify the n ature and
ex tent of th e reasonab le cost o f serv ices to C ity.
c. Us e Of Recycled Products. Co ntrac tor sha ll pr epare a nd submit a ll re po l1s , wri tte n stu dies
and ot her pr inted materia l on recy cl ed paper to th e ex tent it is ava il ab le at equ a l o r less cost
than virgin paper.
d. Profess ional S eal. Where app li ca bl e in the dete lm in ati on of th e con trac t admini stra to r, the
fir st page of a tec hn ical re port , fU's t page of d es ign spec ifi ca ti ons, and eac h page of
cons tm c ti on draw ings sha ll be sta mp ed/sea led a nd s ign ed by the li ce nsed p ro fessio na l
res ponsibl e for th e re port/d es ign pre para tio n. The sta mp /sea l s ha ll be in a bloc k e nt itl ed
"Sea l
a nd Signature of Registered Profess iona l w ith report/des ign respo ns ibi lit y" as per th e sa mpl e
be low .
II. CONFIDENTIAL INFORMATION Contrac tor s ha ll hold a ny confid ential
inforn13ti o n receive d fro m C it y in the co ur se of p er fOim in g thi s Agree me nt in t ms t and co nfid e nce a nd
will not rev ea l such co nfid e nt ia l infonnation to any pe rso n or e nti ty, eith er durin g the ternl of th e
Agree ment o r at an y tim e th ere a ft er. Upon ex pirati on of tlu s Agre em ent , or te rnun ation as pro v ided
he re in , C ontrac tor sha ll return material s whi c h co nt ain an y co nfi d e ntial info n n ati o n to C it y. C on t ra c to r
ma y kee p o ne co py for it s co nfid e nti a l fil e. Fo r purp oses of thi s p aragra ph , co nfid enti a l infonna ti o n is
defm ed as a ll infonna ti on di scl ose d to Co ntrac tor w hi ch re late s to C it y's pas t, pres ent, a nd futur e
a cti vit ies, as we ll as ac ti viti es und er tlu s Ag ree me nt , whi c h info nnati o n is n o t o th erw ise o f public reco rd
und e r Ca lifo nli a law .
12 . RESPO NSIBILIT Y OF CO NTRA CTOR Co ntractor sha ll take a ll respo nsib ili ty fo r t he
wo r k, sha ll bea r all lo sses an d da mages direc tl y o r indirec tl y res ul t in g to Cont ractor, to an y sub c ontrac tor,
to th e C ity, to C it y o ffi cers and empl oyees, o r to parti es des ign at ed by th e C it y, o n acco unt o f th e
perfonnance or c ha rac ter of the wo rk , unfo rese en di f fi c ul ties, a cc id en ts, occ urr ences o r oth er ca uses to
th e extent pred ic ated on ac ti ve o r pass ive ne g li gence of th e Co nt racto r o r of a ny s ubco ntractor.
13. IN DEMNIFICA nON Co nt rac tor a nd C it y agree th at C it y, it s em pl oyees, age nt s a nd
offic ia ls sha ll , b e full y pro tecte d fro m a ny loss, inj ury, da mage, c la im , laws ui t, cost, ex p ense, atto rn eys
fees, li t iga ti o n cos ts, d e fense cos ts, court cos ts or an y o th e r cos t to the exte nt arisi ng o ut of or in a ny wa y
re lated to th e neg li gent perfonna nce of thi s Agr ee me nt. Acco rdin g ly, th e prov ision s o f tlu s indenmit y
prov is io n are intended by th e part ies to be in te rpreted a nd co nstm ed to provi d e th e fu ll est p ro tect ion
poss ible und er th e law to th e C it y. Contrac tor acknow ledges th at C ity wo uld no t e nt e r int o thi s
agree men t in th e a bse nce o f th e co mm itm e nt of Con trac tor to inde mni fy a nd pro tec t C it y as set f0l 1h
below.
a. Indemni ty .
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hold hamuess City, it s employees , agents and officials, from an y liability , claims, s uit s, actions ,
arbitration proceedings, administrative proceedings, regulatory proceedings, los ses , expe nses or
cos ts (includin g, without limi tation , cos ts and fees of liti gation) of any kind what soever without
restricti o n o r limitation , incurr ed in re lation to , as a consequ ence of or arising out of or in any
way attributable actually, alleged ly or impliedl y, in w hole or in part , to the p e rfomlan ce of thi s
Agreement. All obligations und er thi s pro vis ion a re to be pa id by Co ntra ctor as th ey a re incurred
by th e C it y.
b. Limitation on lndemnity. Without affecting th e rights of C it y und er any pro v ision of thi s
agreement or this sec tion , Contractor s hall not be required to defend , ind emnify and hold
harml ess C it y as set forth abo ve for li ability attributable to the active negligence, so le neg li ge nce,
or wi ll ful mi sco nduct of City, provided s uc h act ive negligence , so le negligence , o r willful
mi sconduct is detennined by agreement bet wee n the parties or th e finding s of a court of
c ompete nt jurisd icti on .
c . Scope of Contractor Obligation. The obligations of Co ntractor und er thi s or a ny other prov isio n
of tlus Agreement will not be limited by th e pro v isi o ns of a ny workers' co mpensa tion act or
si nul ar act. Contractor express ly wa ives its statutory inununit y under such sta tute s or law s as to
C it y, it s emp lo yees and officia ls.
d . Subcontractors. Co ntrac tor agrees to obtain exec ut ed inde mnit y agreement s with p rovisions
identical to tho se set forth here in this se ction from ea c h and every su bcontractor , sub tier
contractor or any other perso n or entity invol ved by, for , with or on behalf of Contractor in the
performance o r subject matt er of thi s Agreement. In the event Co ntractor fail s to obtain s uch
indemnity obligations from others as required he re, Co ntract or agrees to be full y responsible
according to the terms of this section.
e. In General. Failure of City to morutor comphance with th ese requirement s imposes no additiona l
ob li gations on C it y and wi ll in no way act as a waiver of an y rights hereunder. This obligation to
indemnify and defend Ci ty a s set forth herein is binding on th e successors, ass ign s, or heirs of
Contractor and shall s urvi ve the temunation of till S agreement or thi s section. For purposes of
Section 2782 of the C ivil Code the parties hereto recognize and agree that this Agreement is not a
construction con tra ct. By execution of thi s Agreement , Cont ra ctor acknowledges and agrees that
it bas read and und ers ta nd s the provisions hereof and that tlli s paragraph is a material e leme nt of
cons id eratio n. City approval of the insurance contracts required by tlu s Agreement does not
relieve the Contractor or s ub contractors from li ability under tlllS paragraph .
14 . I NSURANCE REQUIREMENTS Contractor s hall procure and maintain for the
durat ion of th e contract in surance as set forth in Exhibi t E . The cos t of s uch insurance s hall b e included
in the Contractor 's bid.
15. DEFAULT AND REMEDIES
a . Events of default. Eac h of th e following s hall constitute an eve nt of defa ult here under:
I . Failure to pe rfonn a ny ob liga ti o n und e r thi s Agree me nt and failure to c ure s uch breach
immediatel y upon rece iv ing notice of such breach, if the breach is s uch that the C ity
detemlines the hea lth , we l fare, o r safet y of the public is inunediatel y endangered ; o r
2. Failure to perfonn any o bligation und e r thi s Agreement and fai lure to cure such breach
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within fift ee n (lS) days of recei v in g notice of s uc h brea c h, if th e breach is suc h that th e
City detel1nines that th e heal th , welfare, or safety of th e publi c is no t immedia te ly
endangered, pro v id ed that if th e natme of th e breac h is suc h that the City detel1nines it
will reasonab ly require mor e than fifteen (15) da ys to c ure, Con tractor sha ll not be in
default if Contr ac tor promptly commences the cure and diligently proceeds to co mpletion
of th e c ur e .
b . Remedies upon default. Upon any Con tract or default , Ci t y sha ll ha ve the right to
imm ediat e ly s uspend or temunat e th e Agreement, seek s p eci fic perfol1nance or co ntra ct with
another party to perfol1n tlu s Agreement.
c. No Waiver. Fai lu re by Ci ty to seek any remedy for any defa ult here under s hall no t co nstitut e
a waiver of any other ri g hts here under or any right to seek any remedy for any s ub seq u ent
default.
16 . TERMTNA TION Either part y may te l1runat e tlu s Agree me nt with or without cause by
pro viding 10 da ys notice in wri tin g to the o th e r part y. The City ma y temunat e thi s Agreement at an y time
without plior notice ill the eve nt that Co ntractor conmuts a material brea c h of the tel1ns of this
Agreement. Upon tennination , tlu s Agreement shall become of no further force or affect whatsoever and
e ach of the parties here to shall be reli eved and di scharged here-from , subject to pa ym ent for acceptable
services render ed pri or to the expiration of the notice of ternunatio n. No twiths tanding th e for ego ing , the
provi sion s of tlus Agreement concerning retention of records , C ity's right s to material produced ,
co nfidential information, con s ultant's re s ponsibility , indemnifi cat ion , in s urance , dispute re so lution ,
litigation, and jurisdi ction and severability sha ll survive t ennination of this Agreement.
17. DISPUTE RESOLUTION The parties s hall make a good faith effo rt to se ttl e any dispute or
claim arising under tlu s Agreement. If the parties fail to reso lve suc h di s putes or claims, the y shall submit
them to non-binding mediation in Califonlia at shared expense of the parti es for at leas t 8 hours of
mediation. If mediation doe s not arrive at a sat isfa ctory result , arb itration, if agreed to by all parti es, or
liti gation may be pursued . In th e eve nt any dispute reso lu tion processes are invol ved , each party s hall
bear its own costs and attorneys fees.
18. LITIGATION In th e eve nt that either party brin gs an action under tlu s agreement for
breach or enforcement thereof, the prevailing party in such action s hall b e entit led to its rea so nable
attorneys ' fees and costs whether or not such action is prosec uted to judgement.
19. JURISDICTION AND SEVERABILITY Tlu s Agreement s hall be adnuni s tered
and interpreted und e r the laws of the State of Ca lifonlia. Juri sdiction of liti gation arising from tlu s
Agreement shall be in that state and ve nue sha ll be in Santa C lara Co unt y, Ca lifornia . I f any part o f this
Agreement is found to conflict with applicab le la ws , s uch pa rt s hall be inoperati ve, null and vo id insofar
as it conflicts with sai d laws , but the re maind e r of tlu s Agreement s ball be in full force and effec t.
20. NOTICE OF NON-RENE\VAL Contractor und ersta nd s a nd agrees that the re is no
representation, implication , or understanding that th e City w ill request that work product pro v id ed by
Contractor unde r this Agreement be s uppl e mented or continued by Contracto r under a new agreement
followin g expiration or te nrunation of thi s Agreement. Contractor waives a ll right s or claims to notice or
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hearing respecting any failure by City to continue to reque st or retain all or an y portion of the work
product from Contractor following tbe expiration or tennination of thi s Agreement.
2 1. PARTIES IN INTEREST Tlu s Agreemen t is ent ered only for the benefit of th e
part ies executing tlus Agreement and not for the benefit of any othe r indi vidua l, e ntit y or perso n.
22. \Y AIYER Neith er the acceptance of work or pa yment for work pursuant to thi s Agreemen t
s hall co nstitute a waiver of any ri g ht s o r obl iga ti ons ari s ing und er thi s Agr eement. The failure by th e Ci ty
to enforce any o f Contractor 's obligations or to exercise C it y's r ig ht s s hall in no eve nt be deemed a
waiver of th e ri ght to do so thereafter.
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EXHIBITE
INSURA NCE
Pl ease re fe r to th e in sur ance requirements li ste d below . Those that have an "X" indi ca ted in th e s pa ce
befo re the requireme nt a ppl y to Co ntr ac tor 's Agree me nt (ign o re an y not check ed).
Co ntra ctor shall prov id e it s in s uran ce broke r(s)/agent(s) with a co py of these requ ir emen ts a nd requ es t
that th ey pro v id e Cert ificat es o f In su ran ce com pl ete with co pi es of a ll r equired e nd o rse me nt s to :
Administrat ive Services Officer, C ity of Saratoga, 13 777 Fruit val e Avenue, Saratoga , CA 95070.
Contractor shall furni sh C it y with copies of origina l endo rse ment s affecting co verage required by tlli s
Exllibit E. Th e end o rse ment s are to be signed by a perso n authorized by th a t insure r to bind coverage on
it s behalf. All end orse ment s a nd certificates are to be received and approved by City before work
COilUnences. C ity has th e right to require Contractor's in sur e r to pro vid e complete, cert ified co pi es of all
required in suran ce poli c ie s, including end o rsem e nt s affecting the coverage required b y th es e
spe cifications .
..x.. Co mmerc ial Genera llBu s in ess Liabilit y In suran ce with coverage as indic ate d :
..x.. $2,000 ,000 per occurrence/$2 ,000,000 aggregate limit s for bodil y injury and prop erty
damag e
$ ______ per occurre nce bodil y injury/$ _____ p er occurrence property
damag e
Coverage for X , C , U hazard s MUST b e e v idenced on the Certificat e of In s urance
If th e standard ISO F onn wording for "OTHER INS URANCE", or other comparable
wording, is not contained in Cont ra ctor's liabilit y in s uran ce policy, an endorse me nt must
b e pro vid ed that sa id insurance wi ll be plimary in s urance and an y in s urance or se lf-
insurance maintained by City, it s officers, employees, agents or voluntee rs s hall be in
excess of Contractor's in s urance and shall not contribute to it.
..x.. AUlO Liabilit y In s urance with coverage as indicated :
..x.. $2,000 ,000 combined sin gl e limit for bodil y injury and p ro pe rt y d a ma ge
$ per perso lL/$ per accide nt for bodily injury
$ per occurre nce for property damage
$ 500 ,000 combined s ingl e lintit for bodily injury and prop erty da mage
Garage keepers extra li ab ility endorsement to extend coverage to all ve h icles in the care,
custody and control o f the consullant, re gardle ss of wh ere the ve llicl es are kept or drive n .
..x.. ProfessionalfErrors and Omissions Li a bility w ith coverage as ind icated:
~ $1,000,000 pe r loss/ $2 ,000 ,000 aggregate
S5 ,000 ,000 per loss / $5 ,000 ,000 aggrega te
Contractor must maintain ProfessionaVErrors & Omissions Liability coverage for a period of three
yea r s after the expiration of this Agreement. Contractor may satisfy this requirement b y renewal
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of existing covera ge or purcbase of e ith er prior acts or tail coverage applicabl e to said three-y ear
period.
l Workers' Compensation In sura nce
l Including minimum $1,000,000 Emp loyer's Liab ili ty
The Emp lo yer's Liability policy shall be endorsed to waive any right of subrogation as resp ects the
C ity, its employees or agents.
The Contractor makes th e following certi fi cat ion, required by sec ti o n 186 1 of th e Ca li fo l11i a Labor Code:
I am awa re of the pro visio ns of Section 3700 of the Lab o r Co d e which require every e mpl oyer t o be
in sured aga in st li ab ili ty for workers' compe nsa ti on o r to und e rt ake self-in sura nce in accordance wi th the
provis io ns of th a t code, a nd I will comp ly with s uch provisions befo re co nunencin g th e perfonnance of
the 1V0rk of this co nt rac t
l Additional In s ured Endorsement (s) for Commercia l GenerallBusiness Liability coverage naming
th e C it y of Saratoga , its officers, employees and age nt s as addit iona l in sured.
(NOTE: ad ditiona l insured language on the Cert ificate of In su rance is NOT acceptable without a
separate endorsemen t such as Fonn CO 20 10)
~ The Certific a te of In s ur ance MUST provide 30 days noti ce of cance ll ati o n, (10 d ays notic e for
non-p ay me nt of pre mium). NOTE: th e following words mu st be crosse d out or deleted fro m the
s ta nd ard ca ncellation clause: " ... end e a vo r to ... " AND " ... but failur e to
mail s uc h notice s hall impose no ob li ga ti on or liability of any kind upon th e co mp a n y, it s agents
or representatives,"
All subcontracto rs u sed must comp ly w ith the above requirements except as noted below:
As to a ll of the c hecked in surance req uirement s above, the following s ha ll ap pl y:
a. Deductibles and Se lf-Insured Retentions. Any deductibl es o r se lf-in s ured retentions mus t
b e decla red to and approved by th e C it y . At th e option of th e C it y, e ith er (I ) th e in s ure r s hall
reduce or e li minate s uc h deductibles or sel f-ins ured retentions a s respects th e City, it s
officers, offici als and emp loyees; o r (2) the Contracto r sha ll procure a bond gua rant ee in g
payment of losses and related investigations, claim admini stration and defense expenses.
b. City as Additional In sured. The Ci ty, its officers, offic ials, em ployees an d vo lu nteer s are to
be covered as ins ured s as respects: liability ari sing out of activit ies perfonned by or on
behalf of the Contractor ; product s and comp leted operat ions of th e Contractor, premi ses
owned, occ upi ed or used by th e Cont ractor, or automobi les owned , leased. hired or borrowed
by th e Contra ctor. The coverage s ha ll contain no specia l limi ta ti ons o n the scope of the
protection afforded to the City, its officers, officia ls, e mpl oyees or vo lunteers .
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c. Otber Insurance Pro visions . The policies are to conta in , or be en dorse d to contain , the
fo ll ow in g pr ovis io ns:
I. Any fa ilure 10 comp ly wi tb reporting provi s ion s of the policies s ha ll not affec t coverage
provided to th e C it y, its officers, officia ls, e mpl oyees or vo lun tee rs.
2. The Contracto r 's insurance sha ll apply sepa rate ly to eac h in sured against whom claim is
made o r s uit is brought, exce pt with respect to th e limi ts of th e in s urer 's li ab ilit y.
3. Coverage s hall not be s u spe nd e d , vo id ed, ca ncele d b y e ither party, r educed in coverage
or in limit s except after thil1y (30) days' prior w ritten notice b y cert ifi e d mail , return
rece ipt requested , has been g ive n to the C it y.
d. Accep tability of Insurers. Ins uranc e is to be placed with in s urers with a Bests' ratin g of no
le ss than A: vn
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SARATOGA CITY COUNCIL
MEETING DATE: June 3, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Kristin Borel DIRECTOR: John Cherbone
Public Works Analyst
SUBJECT: Contract Renewal for Municipal Traffic Engineering
RECOMMENDED ACTION:
Approve a twoyear contract renewal with Fehr & Peers Associates, Inc. for oncall Traffic
Engineering Services and authorize City Manager to execute the same.
REPORT SUMMARY:
Fehr & Peers has been providing oncall Traffic Engineering services for the City since January 2002
and has performed their services well. They have thorough knowledge of traffic conditions in Saratoga
and a strong ability to work with the public. Sohrab Rashid, the lead consultant to the City, has done an
excellent job working with the Traffic Safety Commission and with staff on various traffic issues and
projects. If approved, this will be the third twoyear extension to their contract.
Fehr & Peers has generally made modest increases to their rate each renewal cycle, but has agreed not
to increase their fees for this contract period. Sohrab Rashid’s rate will be $200/hr, which includes a
City discount of $30/hr, where Sohrab’s normal billing rate is $230/hr.
It is therefore recommended that City Council approve an extension to the existing contract with Fehr
& Peers for oncall Traffic Engineering Services and authorize the City Manager to execute the same.
FISCAL IMPACTS:
Funding for the contract is included in the adopted Public Works operating budget at $80,000,
$40,000 allocated for CIP projects as needed, and $10,000 for traffic engineering review of
development projects paid through applicant deposit accounts.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The existing contract would not be extended
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ALTERNATIVE ACTION (S):
The Council could direct staff to solicit additional proposals
FOLLOW UP ACTION(S):
The contract extension will be executed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None.
ATTACHMENTS:
1. Contract
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CITY OF SARATOGA
PUBLIC WORKS DEPARTMENT STANDARD
INDEPENDENT CONTRACTOR AGREEMENT
THIS AGREEMENT is made at Saratoga, California by and between the CITY
OF SARATOGA, a municipal corporation ("City"), and Fehr & Peers,
("Contractor"), who agree as follows:
RECITALS
WHEREAS, City requires the services of a qualified contractor to provide the
work product described in Exhibit A of this Agreement; and
WHEREAS, City lacks the qualified personnel to provide the specified work
product; and
WHEREAS, Contractor is duly qualified to provide the required work
product; and
WHEREAS, Contractor is agreeable to providing such work product on the
terms and conditions hereinafter set forth.
NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED Subject to the terms and conditions
set forth in this Agreement, Contractor shall provide to City the work
product described in Exhibit A ("Scope of Work"). Contractor is not
authorized to undertake any efforts or incur any costs whatsoever under the
terms of this Agreement until receipt of a fully executed Purchase Order
from the Finance Department of the City of Saratoga.
2. TERM The term of this Agreement commences on July 1,
2009 and extends through June 30, 2011 or the completion of the project,
whichever occurs first, unless it is extended by written mutual agreement
between the parties, provided that the parties retain the right to terminate
this Agreement as provided in Exhibit D at all times.
3. PAYMENT City shall pay Contractor for work product produced
pursuant to this Agreement at the time and in the manner set forth in
Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only
payments to be made to Contractor in connection with Contractor’s
completion of the Scope of Work pursuant to this Agreement. Contractor
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shall submit all billings to City in the manner specified in Exhibit B; or, if no
manner is specified in Exhibit B, then according to the usual and customary
procedures and practices which Contractor uses for billing clients similar to
City.
4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C
("Facilities and Equipment"), Contractor shall, at its sole cost and expense,
furnish all facilities and equipment, which may be required for completing
the Scope of Work pursuant to this Agreement. City shall furnish to
Contractor only the facilities and equipment listed in Exhibit C according to
the terms and conditions set forth in Exhibit C.
5. GENERAL PROVISIONS City and Contractor agree to and shall
abide by the general provisions set forth in Exhibit D ("General Provisions").
In the event of any inconsistency between said general provisions and any
other terms or conditions of this Agreement, the other term or condition
shall control insofar as it is inconsistent with the General Provisions.
6. EXHIBITS All exhibits referred to in this Agreement are attached
hereto and are by this reference incorporated herein and made a part of this
Agreement.
7. CONTRACT ADMINISTRATION This Agreement shall be
administered on behalf of City by Dave Anderson ("Administrator"). The
Administrator has complete authority to receive information, interpret and
define City's policies consistent with this Agreement, and communicate with
Contractor concerning this Agreement. All correspondence and other
communications shall be directed to or through the Administrator or his or
her designee.
8. NOTICES All notices or communication concerning a party's
compliance with the terms of this Agreement shall be in writing and may be
given either personally, by certified mail, return receipt requested, or by
overnight express carrier. The notice shall be deemed to have been given
and received on the date delivered in person or the date upon which the
postal authority or overnight express carrier indicates that the mailing was
delivered to the address of the receiving Party. The Parties shall make good
faith efforts to provide advance courtesy notice of any notices or
communications hereunder via telefacsimile. However, under no
circumstances shall such courtesy notice satisfy the notice requirements set
forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above. Any Party
hereto, by giving ten (10) days written notice to the other, may designate any
other address as substitution of the address to which the notice or
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communication shall be given. Notices or communications shall be given to
the Parties at the addresses set forth below until specified otherwise in
writing:
Notices to Contractor shall be sent to:
Sohrab Rashid, P.E.
Fehr & Peers
160 W. Santa Clara St., Suite 675
San Jose, CA 95113
Notices to City shall be sent to:
Dave Anderson, City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
With a copy (which copy shall not constitute notice) to:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
9. ENTIRE AGREEMENT This Agreement supersedes any and all
agreements, either oral or written, between the parties hereto with respect to
Contractor's completion of the Scope of Work on behalf of City and contains
all of the covenants and agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no
other agreement, statement or promise not contained in this Agreement
shall be valid or binding. No amendment, alteration, or variation of the
terms of this Agreement shall be valid unless made in writing and signed by
the parties hereto.
The remainder of this page is intentionally blank
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CONTRACTOR:
By: ________________________________ Date: _________________
Print Name: Sohrab Rashid
Title: Principal
CITY OF SARATOGA, a municipal corporation
By: __________________________________ Date: __________________
Name: Dave Anderson
Title: City Manager
APPROVED AS TO FORM:
By:_______________________________ Date:___________________
City Attorney
Attachments
Exhibit A Scope of Work
Exhibit B Contract Payment and Reporting Schedule
Exhibit C Facilities and Equipment
Exhibit D General Provisions
Exhibit E Insurance Requirements
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EXHIBIT A
SCOPE OF WORK
On request of the Public Works Director or his or her designee, Consultant will
perform traffic engineering services on behalf of the City in the following
particulars:
a) Traffic engineering services related to the Traffic Safety Commission
($80,000)
b) Traffic engineering services for Capital Improvement Projects ($40,000)
c) Traffic engineering peer review for development projects ($10,000 paid as
a deposit by project applicant)
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EXHIBIT B
PAYMENT
1. TOTAL COMPENSATION .
City shall pay Contractor at the rates set forth on the attached rate
schedule, Exhibit B1. The total compensation (including equipment,
supply, and expense costs) pursuant to Exhibit A – Scope of Work of this
Agreement shall not exceed, One hundred and thirty thousand dollars,
($130,000)
2. INVOICES Contractor shall submit invoices, not more often than
once a month during the term of this Agreement, based on the cost for work
performed prior to the invoice date. Hourly Rates schedule is shown on
Exhibit B1. Invoices shall be sent to the City no later than the 15 th of the
month following the month term being invoiced for. Invoices shall contain
the following information:
i. Serial identifications of bills for each applicant/project,
i.e. Invoice No.1 on each individual invoice sheet.
ii. Reference the City’s application number per
applicant/project (as identified on the City transmittal
cover sheets) on each individual invoice sheet.
iii. The beginning and ending dates of the billing period on
each individual invoice sheet.
iv. A summary cover sheet containing the total contract
amount, the amount of prior billings, the total due this
period, and the remaining balance available for all
remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based
on such invoices, for satisfactory progress in completion of the Scope of
Work. Contractor shall retain the right to stop work if invoices are not paid
within 60 days of receipt by City. City shall notify Contractor of disputed
invoices or amounts within 30 days of receipt.
4. REIMBURSABLE EXPENSES There shall be no right to
reimbursement of expenses incurred by Contractor except as specified in
Exhibit A to this Agreement.
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EXHIBIT C
FACILITIES AND EQUIPMENT
City shall furnish physical facilities such as desks, filing cabinets,
and conference space, as may be reasonably necessary for Contractor's use
while consulting with City employees and reviewing records and the
information in possession of City. The location, quantity, and time of
furnishing said physical facilities shall be in the sole discretion of City. In
no event shall City be obligated to furnish any facility which may involve
incurring any direct expense, including, but not limiting the generality of
this exclusion, longdistance telephone or other communication charges,
vehicles, and reproduction facilities. Contractor shall not use such services,
premises, facilities, supplies or equipment for any purpose other than in the
performance of Contractor's obligations under this Agreement.
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EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONTRACTOR At all times during the term of
this Agreement, Contractor shall be an independent contractor and shall
not be an employee of City. Contractor shall complete the Scope of
Work hereunder in accordance with currently approved methods and
practices in Contractor's field. City shall have the right to control
Contractor only with respect to specifying the results to be obtained
from Contractor pursuant to this Agreement. City shall not have the
right to control the means by which Contractor accomplishes services
rendered pursuant to this Agreement. Likewise, no relationship of
employer and employee is created by this Agreement between the City and
Contractor or any subcontractor or employee of Contractor. Nothing
contained in this Agreement shall be construed as limiting the right
of Contractor to engage in Contractor profession separate and apart
from this Agreement so long as such activities do not interfere or
conflict with the performance by Contractor of the obligations set forth
in this Agreement. Interference or conflict will be determined at the
sole discretion of the City.
2. STANDARD OF PERFORMANCE Contractor shall
complete the Scope of Work required pursuant to this Agreement in the
manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the
geographical area in which Contractor practices its profession. All work
product of whatsoever nature which Contractor delivers to City pursuant to
this Agreement shall be prepared in a substantial and workmanlike manner
and conform to the standards of quality normally observed by a person
practicing in Contractor’s profession.
3. TIME Contractor shall devote such time to the Scope of Work
pursuant to this Agreement as may be reasonably necessary for satisfactory
performance of Contractor's obligations pursuant to this Agreement.
4. CONTRACTOR NO AGENT Except as City may specify in writing,
Contractor shall have no authority, express or implied, to act on behalf of
City in any capacity whatsoever as an agent. Contractor shall have no
authority, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
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5. BENEFITS AND TAXES Contractor shall not have any
claim under this Agreement or otherwise against City for seniority,
vacation time, vacation pay, sick leave, personal time off, overtime,
health insurance, medical care, hospital care, insurance benefits,
social security, disability, unemployment, workers compensation or
employee benefits of any kind. Contractor shall be solely liable for and
obligated to pay directly all applicable taxes, including, but not limited
to, federal and state income taxes, and in connection therewith
Contractor shall indemnify and hold City harmless from any and all
liability that City may incur because of Contractor’s failure to pay
such taxes. City shall have no obligation whatsoever to pay or
withhold any taxes on behalf of Contractor.
6. ASSIGNMENT PROHIBITED No party to this Agreement may
assign any right or obligation pursuant to this Agreement. Any attempted or
purported assignment of any right or obligation pursuant to this Agreement
shall be void and of no effect. However, with the consent of the City given in
writing, Contractor is entitled to subcontract such portions of the work to be
performed under this Agreement as may be specified by City.
7. PERSONNEL
a. Qualifications. Contractor shall assign only competent personnel
to complete the Scope of Work pursuant to this Agreement. In the
event that City, in its sole discretion, at any time during the term
of this Agreement, desires the removal of any such persons,
Contractor shall, immediately upon receiving notice from city of
such desire of City, cause the removal of such person or persons.
b. Employment Eligibility. Contractor shall ensure that all
employees of Contractor and any subcontractor retained by
Contractor in connection with this Agreement have provided the
necessary documentation to establish identity and employment
eligibility as required by the Immigration Reform and Control Act
of 1986. Failure to provide the necessary documentation will
result in the termination of the Agreement as required by the
Immigration Reform and Control Act of 1986.
c. Prevailing Wages. This is a public works contract within the
meaning of Part 7 of Division 2 of the California Labor Code
(Sections 1720 et seq.). In accordance with California Labor Code
Section 1771, all contractors and subcontractors on this public
work project shall pay not less than current prevailing wage rates
as determined by the California Department of Industrial Relations
(“DIR”). Pursuant to Section 1773 of the California Labor Code, the
City has obtained the general prevailing rate of wages and
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employer payments for health and welfare, vacation, pension and
similar purposes in the City of Saratoga, a copy of which is on file
at 13777 Fruitvale Avenue, Saratoga, California at the office of the
Public Works Director, and shall be made available for viewing to
any interested party upon request.
8. CONFLICT OF INTEREST
a. In General. Contractor represents and warrants that, to the best
of the Contractor’s knowledge and belief, there are no relevant
facts or circumstances which could give rise to a conflict of
interest on the part of Contractor, or that the Contractor has
already disclosed all such relevant information.
b. Subsequent Conflict of Interest. Contractor agrees that if an
actual or potential conflict of interest on the part of Contractor is
discovered after award, the Contractor will make a full disclosure
in writing to the City. This disclosure shall include a description
of actions, which the Contractor has taken or proposes to take,
after consultation with the City to avoid, mitigate, or neutralize the
actual or potential conflict. Within 45 days, the Contractor shall
have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
c. Interests of City Officers and Staff. No officer, member or
employee of City and no member of the City Council shall have any
pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof. Neither Contractor nor any member of any
Contractor’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action
nominates, recommends, or supervises Contractor's operations or
authorizes funding to Contractor.
9. COMPLIANCE WITH LAWS
a. In General. Contractor shall take reasonable care to observe and
comply with all laws, policies, general rules and regulations
established by City and shall comply with the common law and all
laws, ordinances, codes and regulations of governmental agencies,
(including federal, state, municipal and local governing bodies)
applicable to the performance of the Scope of Work hereunder,
including, but not limited to, all provisions of the Occupational
Safety and Health Act of 1979 as amended.
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b. Licenses and Permits. Contractor represents and warrants to
City that it has all licenses, permits, qualifications and approvals
of whatsoever nature which are legally required for Contractor to
practice its profession. Contractor represents and warrants to City
that Contractor shall, at its sole cost and expense, keep in effect at
all times during the term of this Agreement any licenses, permits,
and approvals which are legally required for Contractor to practice
its profession. In addition to the foregoing, Contractor shall obtain
and maintain during the term hereof a valid City of Saratoga
Business License.
c. Funding Agency Requirements. To the extent that this
Agreement may be funded by fiscal assistance from another entity,
Contractor shall comply with all applicable rules and regulations
to which City is bound by the terms of such fiscal assistance
program.
d. Drugfree Workplace. Contractor and Contractor’s employees and
subcontractors shall comply with the City's policy of maintaining a
drugfree workplace. Neither Contractor nor Contractor’s
employees and subcontractors shall unlawfully manufacture,
distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code Section 812, including marijuana, heroin,
cocaine, and amphetamines, at any facility, premises or worksite
used in any manner in connection with performing services
pursuant to this Agreement. If Contractor or any employee or
subcontractor of Contractor is convicted or pleads nolo contendere
to a criminal drug statute violation occurring at such a facility,
premises, or worksite, the Contractor, within five days thereafter,
shall notify the City.
e. Discrimination Prohibited. Contractor assures and agrees that
Contractor will comply with Title VII of the Civil Rights Act of 1964
and other laws prohibiting discrimination and that no person
shall, on the grounds of race, creed, color, disability, sex, sexual
orientation, national origin, age, religion, Vietnam era veteran's
status, political affiliation, or any other nonmerit factors be
excluded from participating in, be denied the benefits of, or be
otherwise subjected to discrimination under this Agreement.
10. DOCUMENTS AND RECORDS
a. Property of City. All reports, data, maps, models, charts,
studies, surveys, photographs, memoranda or other written
documents or materials prepared by Contractor pursuant to this
Agreement shall become the property of City upon completion of
the work to be performed hereunder or upon termination of this
Agreement and upon final payment to Contractor for all
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outstanding services.
b. Retention of Records. Until the expiration of five years after the
furnishing of any services pursuant to this Agreement, Contractor
shall retain and make available to the City or any party designated
by the City, upon written request by City, this Agreement, and
such books, documents and records of Contractor (and any books,
documents, and records of any subcontractor(s)) that are
necessary or convenient for audit purposes to certify the nature
and extent of the reasonable cost of services to City.
c. Use Of Recycled Products. Contractor shall prepare and submit
all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin
paper.
d. Professional Seal. Where applicable in the determination of the
contract administrator, the first page of a technical report, first
page of design specifications, and each page of construction
drawings shall be stamped/sealed and signed by the licensed
professional responsible for the report/design preparation. The
stamp/seal shall be in a block entitled "Seal
and Signature of Registered Professional with report/design
responsibility" as per the sample below.
______________________________
Seal and Signature of Registered Professional
with report/design responsibility.
11. CONFIDENTIAL INFORMATION Contractor shall hold any
confidential information received from City in the course of 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 except as required by law. Upon expiration of this
Agreement, or termination as provided herein, Contractor shall return
materials which contain any confidential information to City. Contractor
may keep one copy for its confidential file. For purposes of this paragraph,
confidential information is defined as all information disclosed to Contractor
which relates to City's past, present, and future activities, as well as
activities under this Agreement, which information is not otherwise of public
record under California law.
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12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all
responsibility for the work, shall bear all losses and damages directly or
indirectly resulting to Contractor, to any subcontractor, to the City, to City
officers and employees, on account of the performance or character of the
work, unforeseen difficulties, accidents, occurrences or other causes to the
extent predicated on active or passive negligence of the Contractor or its
subcontractor(s).
13. INDEMNIFICATION Contractor and City agree that City, its
employees, agents and officials shall, be fully protected from loss, injury,
damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs,
defense costs, court costs to the extent arising out of or in any way related
to the negligent performance of this Agreement. Accordingly, the provisions
of this indemnity provision are intended by the parties to be interpreted and
construed to provide the fullest protection possible under the law to the
City. Contractor acknowledges that City would not enter into this
agreement in the absence of the commitment of Contractor to indemnify and
protect City as set forth below. Nothing contained in this Agreement shall be
construed to require Contractor to indemnify Indemnitees against any
responsibility or liability in contravention of California Civil Code Section
2782.8.
a. Indemnity. Contractor shall defend, indemnify and hold
harmless City, its employees, agents and officials, from liability,
claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs
(including, reasonable costs and fees of litigation) that are ultimately
determined by a court of competent jurisdiction to be caused by but
only to the extent arising out of or in any way attributable actually,
allegedly or impliedly, to the negligent performance of this Agreement.
All obligations under this provision are to be paid by Contractor as
they are incurred by the City.
b. Limitation on Indemnity. Without affecting the rights of City under
any provision of this agreement or this section, Contractor shall not
be required to defend, indemnify and hold harmless City as set forth
above for liability attributable to the active negligence, sole negligence,
or willful misconduct of City, provided such active negligence, sole
negligence, or willful misconduct is determined by agreement between
the parties or the findings of a court of competent jurisdiction.
c. Scope of Contractor Obligation. The obligations of Contractor under
this or any other provision of this Agreement will not be limited by the
provisions of any workers' compensation act or similar act.
Contractor expressly waives its statutory immunity under such
statutes or laws as to City, its employees and officials.
d. Subcontractors. Contractor agrees to obtain executed indemnity
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agreements with provisions identical to those set forth here in this
section from each and every subcontractor, sub tier contractor or any
other person or entity involved by, for, with or on behalf of Contractor
in the performance or subject matter of this Agreement. In the event
Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to
the terms of this section.
e. In General. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no
way act as a waiver of any rights hereunder. This obligation to
indemnify and defend City as set forth herein is binding on the
successors, assigns, or heirs of Contractor and shall survive the
termination of this agreement or this section. For purposes of Section
2782 of the Civil Code the parties hereto recognize and agree that this
Agreement is not a construction contract. By execution of this
Agreement, Contractor acknowledges and agrees that it has read and
understands the provisions hereof and that this paragraph is a
material element of consideration. City approval of the insurance
contracts required by this Agreement does not relieve the Contractor
or subcontractors from liability under this paragraph.
14. INSURANCE REQUIREMENTS Contractor shall procure and
maintain for the duration of the contract insurance as set forth in Exhibit E.
The cost of such insurance shall be included in the Contractor’s bid.
15. DEFAULT AND REMEDIES
a. Events of default. Each of the following shall constitute an event
of default hereunder:
1. Failure to perform any obligation under this Agreement and
failure to cure such breach immediately upon receiving notice
of such breach, or if the breach is such that the City
determines the health, welfare, or safety of the public is
immediately endangered; or
2. Failure to perform any obligation under this Agreement and
failure to cure such breach within fifteen (15) days of receiving
notice of such breach, if the breach is such that the City
determines that the health, welfare, or safety of the public is
not immediately endangered, provided that if the nature of the
breach is such that the City determines it will reasonably
require more than fifteen (15) days to cure, Contractor shall not
be in default if Contractor promptly commences the cure and
diligently proceeds to completion of the cure.
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b. Remedies upon default. Upon any Contractor default, City shall
have the right to immediately suspend or terminate the Agreement,
seek specific performance or contract with another party to
perform this Agreement.
c. No Waiver. Failure by City to seek any remedy for any default
hereunder shall not constitute a waiver of any other rights
hereunder or any right to seek any remedy for any subsequent
default.
16. TERMINATION Either party may terminate this Agreement with or
without cause by providing 10 days notice in writing to the other party. The
City may terminate this Agreement on written notice in the event Contractor
has failed to correct a material breach of the terms of this Agreement within
15 days. Upon termination, this Agreement shall become of no further force
or affect whatsoever and each of the parties hereto shall be relieved and
discharged herefrom, subject to payment for acceptable services rendered
prior to the expiration of the notice of termination. Notwithstanding the
foregoing, the provisions of this Agreement concerning retention of records,
City's rights to material produced, confidential information, consultant's
responsibility, indemnification, insurance, dispute resolution, litigation, and
jurisdiction and severability shall survive termination of this Agreement.
17. DISPUTE RESOLUTION The parties shall make a good faith effort to
settle any dispute or claim arising under this Agreement. If the parties fail
to resolve such disputes or claims, they shall submit them to nonbinding
mediation in California at shared expense of the parties for at least 8 hours
of mediation. If mediation does not arrive at a satisfactory result,
arbitration, if agreed to by all parties, or litigation may be pursued. In the
event any dispute resolution processes are involved, each party shall bear
its own costs and attorneys fees.
18. LITIGATION In the event that either party brings an action
under this agreement for breach or enforcement thereof, the prevailing party
in such action shall be entitled to its reasonable attorneys’ fees and costs
whether or not such action is prosecuted to judgement.
19. JURISDICTION AND SEVERABILITY This Agreement shall be
administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state
and venue shall be in Santa Clara County, California. If any part of this
Agreement is found to conflict with applicable laws, such part shall be
inoperative, null and void insofar as it conflicts with said laws, but the
remainder of this Agreement shall be in full force and effect.
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20. NOTICE OF NONRENEWAL Contractor understands and agrees
that there is no representation, implication, or understanding that the City
will request that work product provided by Contractor under this Agreement
be supplemented or continued by Contractor under a new agreement
following expiration or termination of this Agreement. Contractor waives all
rights or claims to notice or hearing respecting any failure by City to
continue to request or retain all or any portion of the work product from
Contractor following the expiration or termination of this Agreement.
21. PARTIES IN INTEREST This Agreement is entered only for the
benefit of the parties executing this Agreement and not for the benefit of any
other individual, entity or person.
22. WAIVER Neither the acceptance of work or payment for work
pursuant to this Agreement shall constitute a waiver of any rights or
obligations arising under this Agreement. The failure by the City to enforce
any of Contractor’s obligations or to exercise City's rights shall in no event
be deemed a waiver of the right to do so thereafter.
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EXHIBIT E
INSURANCE
Please refer to the insurance requirements listed below. Those that have an
“X” indicated in the space before the requirement apply to Contractor’s
Agreement (ignore any not checked).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of
these requirements and request that they provide Certificates of Insurance
complete with copies of all required endorsements to: Administrative
Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA
95070.
Contractor shall furnish City with copies of original endorsements affecting
coverage required by this Exhibit E. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All
endorsements and certificates are to be received and approved by City before
work commences. City has the right to require Contractor’s insurer to
provide complete, certified copies of all required insurance policies,
including endorsements affecting the coverage required by these
specifications.
X Commercial General/Business Liability Insurance with coverage as
indicated:
X $1,000,000 per occurrence/$2,000,000 aggregate limits for
bodily injury and property damage
___ $ ____________ per occurrence bodily injury/$ ___________ per
occurrence property damage
___ Coverage for X, C, U hazards MUST be evidenced on the
Certificate of Insurance
___ If the standard ISO Form wording for "OTHER INSURANCE", or
other comparable wording, is not contained in Contractor's
liability insurance policy, an endorsement must be provided
that said insurance will be primary insurance and any
insurance or selfinsurance maintained by City, its officers,
employees, agents or volunteers shall be in excess of
Contractor's insurance and shall not contribute to it.
X Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property
damage
___ $ ____________ per person/$__________ per accident for bodily
injury
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___ $ ____________ per occurrence for property damage
___ $ 500,000 combined single limit for bodily injury and property
damage
___ Garage keepers extra liability endorsement to extend coverage
to all vehicles in the care, custody and control of the
consultant, regardless of where the vehicles are kept or driven.
X Professional/Errors and Omissions Liability with coverage as
indicated:
X $1,000,000 per loss/ $2,000,000 aggregate
$5,000,000 per loss/ $5,000,000 aggregate
Contractor must maintain Professional/Errors & Omissions Liability
coverage for a period of three years after the expiration of this
Agreement. Contractor may satisfy this requirement by renewal of
existing coverage or purchase of either prior acts or tail coverage
applicable to said threeyear period.
X Workers' Compensation Insurance
X Including minimum $1,000,000 Employer's Liability
The Employer's Liability policy shall be endorsed to waive any right of
subrogation as respects the City, its employees or agents.
The Contractor makes the following certification, required by section 1861 of
the California Labor Code:
I am aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake selfinsurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract
X Additional Insured Endorsement(s) for Commercial General/Business
Liability coverage naming the City of Saratoga, its officers, employees
and agents as additional insured.
(NOTE: additional insured language on the Certificate of Insurance is
NOT acceptable without a separate endorsement such as Form CG 20
10)
X The Certificate of Insurance MUST provide 30 days notice of
cancellation, (10 days notice for nonpayment of premium). NOTE: the
following words must be crossed out or deleted from the standard
cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to
mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
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All subcontractors used must comply with the above requirements
except as noted below:
As to all of the checked insurance requirements above, the following shall
apply:
a. Deductibles and SelfInsured Retentions. Any deductibles or
selfinsured retentions must be declared to and approved by the
City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or selfinsured retentions as
respects the City, its officers, officials and employees; or (2) the
Contractor shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense
expenses.
b. City as Additional Insured. The City, its officers, officials,
employees and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on
behalf of the Contractor; products and completed operations of the
Contractor, premises owned, occupied or used by the Contractor,
or automobiles owned, leased, hired or borrowed by the
Contractor. The coverage shall contain no special limitations on
the scope of the protection afforded to the City, its officers,
officials, employees or volunteers.
c. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
1. Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers,
officials, employees or volunteers.
2. The Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought, except
with respect to the limits of the insurer's liability.
3. Coverage shall not be suspended, voided, canceled by either
party, reduced in coverage or in limits except after thirty (30)
days' prior written notice has been given to the City.
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d. Acceptability of Insurers. Insurance is to be placed with
insurers with a Bests' rating of no less than A: VII
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effective 1/01/2009
Fehr & Peers reserves the right to change these rates at any time with or without advance notice.
Hourly Billing Rates
Classification Hourly Rate
Principal $185.00 - $310.00
(S. Rashid $200)
Senior Associate $165.00 - $225.00
Associate $125.00 - $195.00
Senior Engineer/Planner $120.00 - $175.00
Engineer/Planner $90.00 - $140.00
Senior Technical Support $100.00 - $155.00
Administrative Support $60.00 - $125.00
Technician $75.00 - $115.00
Intern $60.00 - $90.00
· Other Direct Costs / Reimbursable expenses are invoiced at cost plus
10% for handling.
· Personal auto mileage is reimbursed at the then current IRS approved
rate (55.0 cents per mile as of Jan 09).
· Reproduction and Communication Expenses (Telephone, fax, computer,
e-mail, etc.) are invoiced at cost as a percentage of project labor.
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SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director Public Works Director
SUBJECT: Award of Construction Contract for the Saratoga Library HVAC Renovation
RECOMMENDED ACTIONS:
1. Move to declare CIM AIR, Inc. to be the lowest responsible bidder on the Saratoga Library HVAC
Renovation Project.
2. Move to award a construction contract for Saratoga Library HVAC Renovation Project to CIM
AIR, Inc. in the amount of $194,650 and authorize the City Manager to execute the same.
Authorize staff to execute change orders to the construction contract in the amount of $40,000.
REPORT SUMMARY:
Sealed bids for Saratoga Library HVAC Renovation Project were opened on June 10, 2009. A total of two
contractors submitted bids. CIM AIR, Inc. of Watsonville submitted the lowest bid in the amount of
$194,650. The second bid came in at $323,600 with the City’s Engineer’s Estimate at $300,000. Staff has
carefully checked the bid along with the listed references and has determined that the bid is responsive to
the Notice inviting Sealed Bids dated May 20, 2009.
Staff recommends a $40,000 construction contingency on this project due the complexities of installing and
retrofitting new equipment into an existing building and to cover any unforeseen circumstances and
additional work, which may arise during the course of the project. Additionally, staff believes it is prudent
to have the ability to make quick decisions during the course of the project in order to complete the project
in a timely manner with as little disruption to Library operations as possible.
Therefore staff recommends that the Council declare CIM AIR, Inc to be the lowest responsible bidder on
the project, award a construction contract to this firm in the amount of their bid, authorize the City
Manager to execute the contract, and authorize staff to execute change orders to the contract up to an
amount of $40,000.
FISCAL IMPACTS:
The Library Capital Improvement Fund has sufficient funds to cover both the construction contract and the
construction contingency.
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CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
CIM AIR, Inc would not be selected for this project. The Council may make specific findings to declare
another bidder to be the lowest responsible bidder, or reject all the bids and direct staff to re-bid the entire
project again.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as
soon as possible and be completed within 45 days.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Patrons of the Library will be notified of the work via signage.
ATTACHMENTS:
1. Construction Contract.
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Notice Inviting Bids
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CITY OF SARATOGA
CONTRACT DOCUMENTS
FOR
SARATOGA LIBRARY HVAC RENOVATION
KEY BID DATES
Date Issued: ………………………………………………………..…May 20, 2009
Requests for Equals/Clarifications Due: ………………….………...June 1, 2009
Bid Due: ………………………………………………………………June 10, 2009
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CITY OF SARATOGA
SARATOGA LIBRARY HVAC RENOVATION
Table of Contents
NOTICE INVITING BIDS ................................................................................................. 1
INFORMATION FOR BIDDERS ...................................................................................... 3
SCOPE AND LOCATION OF WORK ................................................................... 3
INSPECTION OF WORK SITE ............................................................................. 3
EXAMINATION OF CONTRACT DOCUMENTS .................................................. 3
REPORT OF ERRORS AND OMISSIONS ........................................................... 3
INTERPRETATION OF CONTRACT DOCUMENTS ............................................ 4
BIDS ..................................................................................................................... 4
ADDENDA ............................................................................................................ 5
BID PRICES.......................................................................................................... 5
TAXES .................................................................................................................. 6
EXPERIENCE OF BIDDERS ................................................................................ 6
LISTS OF SUBCONTRACTORS .......................................................................... 6
BID GUARANTY ................................................................................................... 7
MODIFICATION OF BID ....................................................................................... 7
POSTPONEMENT OF OPENING ........................................................................ 7
NON COLLUSION AFFIDAVIT ............................................................................. 7
DISQUALIFICATION OF BIDDER ........................................................................ 7
REJECTION OF BIDS .......................................................................................... 7
RELIEF OF BIDDERS .......................................................................................... 8
COMPLETING AND SIGNING FORMS ................................................................ 8
DEBARRED CONTRACTORS AND SUBCONTRACTORS ................................. 8
PRIOR APPROVAL OF SUBSTITUTIONS ("APPROVED EQUALS") ................. 8
PREVAILING WAGE AND APPRENTICESHIP .................................................... 8
BID PROTEST PROCEDURES ............................................................................ 9
GENERAL CONDITIONS .............................................................................................. 11
SECTION GC-1 DEFINITIONS AND TERMS .................................................... 11
SECTION GC-2 BID REQUIREMENTS AND CONDITIONS ............................. 12
SECTION GC-3 AWARD AND EXECUTION OF CONTRACT .......................... 13
SECTION GC-4 SCOPE OF WORK .................................................................. 15
SECTION GC-5 CONTROL OF WORK ............................................................. 17
SECTION GC-6 CONTROL OF MATERIALS .................................................... 20
SECTION GC-7 LEGAL RELATIONS AND RESPONSIBILITY ......................... 22
SECTION GC-8 PROSECUTION AND PROGRESS ........................................ 36
SECTION GC-9 MEASUREMENT AND PAYMENT .......................................... 39
SECTION GC-10 DUST CONTROL .................................................................. 42
SECTION GC-11 RESERVED ........................................................................... 43
SECTION GC-12 DIFFERING SITE CONDITIONS ........................................... 43
SECTION GC-13 ARCHAEOLOGICAL EXAMINATION .................................... 44
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WAIVER FORMS .......................................................................................................... 45
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT ....... 46
CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT .................. 47
UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS
PAYMENT .......................................................................................................... 48
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT ............ 49
SPECIAL CONDITIONS ................................................................................................ 50
STATEMENT OF EXPERIENCE AND QUALIFICATIONS ........................................... 55
CONTRACTOR'S EXPERIENCE AND QUALIFICATIONS ................................ 56
BID FORM ..................................................................................................................... 58
CONTRACT BID TO CITY OF SARATOGA ....................................................... 59
BID SCHEDULE ................................................................................................. 60
BONDS.......................................................................................................................... 61
BID BOND .......................................................................................................... 62
FAITHFUL PERFORMANCE BOND ................................................................... 64
LABOR AND MATERIALS PAYMENT BOND .................................................... 67
CONTRACT FOR CONSTRUCTION ............................................................................ 70
REQUIRED CERTIFICATIONS ..................................................................................... 76
BIDDER'S CHECKLIST ...................................................................................... 77
CONTRACTOR'S CERTIFICATE REGARDING WORKER'S
COMPENSATION ............................................................................................... 78
NONCOLLUSION AFFIDAVIT ............................................................................ 79
PROPOSED MAJOR MATERIAL SUPPLIERS .................................................. 80
PROPOSED SUBCONTRACTORS .................................................................... 81
AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND
NONCOMPETITIVE PRACTICES ...................................................................... 82
FAIR EMPLOYMENT PRACTICES CERTIFICATE ............................................ 84
FAIR EMPLOYMENT PRACTICE CERTIFICATION .......................................... 87
CONTRACTORS RESPONSE FORM ................................................................ 88
A CERTIFICATION CONCERNING CONTROL OF EMPLOYEES OF
CONTRACTOR................................................................................................... 89
PROJECT SPECIFICATIONS
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NOTICE INVITING BIDS
SARATOGA LIBRARY HVAC RENOVATION
SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until June 10, 2009
at 11:00 A.M. for SARATOGA LIBRARY HVAC RENOVATION. Sealed bids shall be
submitted addressed and noted as follows:
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Sealed Bid for SARATOGA LIBRARY HVAC RENOVATION
All bids must be accompanied by bidder's security in accordance with California Public
Contract Code Sections 20170 et seq.
Following the closure of the bid submittal period, bids will be publicly opened and
read for performing work as follows:
Furnishing all labor, materials, equipment, and performing all work necessary
and incidental to the construction of the project known as SARATOGA LIBRARY
HVAC RENOVATION, according to drawings and specifications as prepared by
Listengineering Mechanical Consultants and according to the Contract
Documents. The work to be done consists of supplying all labor, methods or
processes, implements, tools, machinery, equipment and materials to provide,
relocate, replace, install, and revise Ceiling Fans, Smoke Detectors, Boilers, and
other work not specifically mentioned herein, but which may be required as
directed by CITY or its designated representative.
Project is to be completed within 45 calendar days from the date specified
in the Notice to Proceed. The Contractor shall pay to the City of Saratoga
the sum of $1,000.00 for each and every calendar day's delay in finishing
the work in excess of the calendar day completion time.
Bidders may obtain copies of the bidding documents at the Public Works Department at
no charge. Send requests for project drawings and specifications to City of Saratoga;
13777 Fruitvale Avenue; Saratoga, California 95070; Attn: Public Works Director.
A prebid conference will be held at the Saratoga Library located at 13650 Saratoga
Avenue, Saratoga, California on May 28, 2009, at 10:00 A.M. All prospective bidders
and subcontractors are encouraged to attend.
Pursuant to California Labor Code Section 1771, the successful bidder and all
subcontractors shall 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 available for view at the City of Saratoga
Department of Public Works.
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Pursuant to California Public Contract Code Section 22300, the Contractor may, at its
option, choose to substitute securities for monies earned by the Contractor and retained
by CITY to ensure the performance of the Contract.
Pursuant to California Public Contract Code Section 3300, City has determined that the
Contractor shall possess a valid Class B General Building Contractor or Class C-4
Boiler License at the time that the bid is submitted. Failure to possess the specified
license at the time the bid is submitted shall render the bid non-responsive.
The successful bidder will be required to furnish a payment bond in the amount equal to
one hundred percent (100%) of the Contract Price, as well as a faithful performance
bond, in the amount equal to one hundred percent (100%) of the Contract Price. The
bonds shall be on the forms included in the Contract Documents.
The successful bidder shall insure that employees and applicants for employment are
not discriminated against on the basis of age, color, race, national origin, ancestry,
religion, sex, sexual preference, or marital status, and shall comply with the Americans
with Disabilities Act.
Bids will be examined and reported to the City of Saratoga City Council (Council) at a
meeting within sixty (60) days of the bid opening. CITY reserves the right to reject any
and all bids, or to waive any irregularities or informalities in any bid or in the bidding
procedure, or to postpone the bid opening or award for good cause. No Bidder may
withdraw its bid for a period of 75 calendar days after the date of opening of the bids.
Each bidder will be notified of award of contract, if award is made. Contract
Documents, Forms of Bid and any questions concerning this bid should be addressed to
Public Works Director, City of Saratoga, (408) 868-1239.
CITY OF SARATOGA
Office of the Clerk
May 20, 2009
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INFORMATION FOR BIDDERS
SARATOGA LIBRARY HVAC RENOVATION
SCOPE AND LOCATION OF WORK
The work to be performed under this contract consists of the furnishing of all labor,
materials, plant, equipment and services for the construction of the Project, complete,
and in satisfactory operating condition, all as shown on the Contract Documents and/or
as specified herein. The work is to be performed in the City of Saratoga, County of
Santa Clara.
INSPECTION OF WORK SITE
Bidders are required to inspect the site of the work in order to satisfy themselves, by
personal examination or by such other means as they may prefer, of the location of the
proposed work and the actual conditions of and at the site. Bidders may apply to the
Director of Public Works for additional information and explanation before submitting
bids. However, no supplemental information requested or furnished shall vary the terms
of the Contract Documents or affect the Contractor's sole responsibility to satisfy itself
as to the conditions of the work to be performed. No claim for additional compensation
will be allowed which is based upon a lack of knowledge of the actual conditions or
location of the Work.
Submission of a bid by the bidder shall constitute acknowledgment that, if awarded the
contract, the bidder has relied and is relying on its own examination of (a) the site of the
work; (b) access to the site; (c) all other data, matters, and things requisite to the
fulfillment of the work, including but not limited to the availability of labor and materials;
and (d) its own knowledge of existing facilities on and in the vicinity of the site of the
Project and not on any representation or warranty by City or its agents of the above
items. Removal, relocation, or protection of existing public utilities not identified by City
shall be done in conformance with California Government Code Section 4215.
EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural
documents, general conditions, specifications, drawings and addenda (if any).
Submission of a bid shall constitute acknowledgment, upon which City may rely, that the
bidder has thoroughly examined and is familiar with the Contract Documents. Failure or
neglect of a bidder to receive or examine any of the Contract Documents shall in no way
relieve the bidder of any obligation with respect to its bid or to the Contract. No claim
for additional compensation will be allowed which is based upon a lack of knowledge of
any Contract Documents.
REPORT OF ERRORS AND OMISSIONS
Bidder shall review architectural and/or engineering plans and specifications, if any,
prior to submission of the bid, and report any errors and omissions noted by the bidder
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to the Director of Public Works. The review by the Contractor shall be confined to the
Contractor's capacity as a contractor, and not as a licensed design professional.
INTERPRETATION OF CONTRACT DOCUMENTS
No oral representation or interpretations will be made to any bidders as to the meaning
of the Contract Documents. Requests for interpretation shall be made in writing and
delivered to the Director of Public Works at least seven (7) working days before the time
announced for opening the bids. Interpretations, where necessary, will be made in the
form of an addendum to the Contract Documents and, when issued, will be sent as
promptly as is practical to all parties to whom the bid documents have been issued. All
such addenda shall become part of the Contract.
Requests for information before or after the award of contract shall be directed to:
Director of Public Works
13777 Fruitvale Avenue, CA 95070
Phone (408) 868-1239; fax (408) 868-1281
It shall also be the bidder's responsibility to call to the attention of Director of Public
Works any missing pages in the Contract Documents, including the addenda. These
items shall be brought to the attention of Director of Public Works in writing, at least one
week prior to the bid opening date.
BIDS
Bids shall be made on the blank forms prepared by City, which may be removed from
the bound Contract Documents. All bids shall include, in the space provided, all
information requested, shall be signed by the bidder or an authorized representative
thereof, and shall include the bidder's business address.
Bidders must prepare and submit all required documents.
Bids must be accompanied by security in accordance with California Public Contract
Code Sections 20170 et seq.
If the bid is made by an individual, his or her name, signature, and business address
shall be shown.
If the bid is made by a firm or partnership, the name and business address of the firm or
partnership and the signature of at least one of the general partners shall be shown.
If the bid is made by a corporation, the bid shall show the name of the corporation and
the state(s) in which the corporation is incorporated; the name and business address of
the corporation's local agent; and the signature of at least one officer authorized to sign
on behalf of the corporation. Additionally, the bid shall include a document empowering
the signatory or signatories to execute the bid and to bind the corporation.
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If the bid is made by a joint venture, the bid shall be signed by at least one of the joint
venture firms in a format meeting with the requirements outlined above. Additionally,
the bid shall include a document empowering the signatory or signatories to execute the
bid and to bind the joint venture.
Every contractor, other than a joint venture, who submits a bid, must at the time the bid
is submitted have a California Contractor's License in good standing. The license shall
be in the class or classes specified in the Contract Documents. Any bid from an
unlicensed contractor, other than those persons exempt under California Business &
Professions Code Section 7028.15, shall be non-responsive and shall be rejected.
Section 7028.15 makes it a misdemeanor for any person without a valid contractor's
license (with specified exceptions) to submit a bid to act as a contractor to a public
agency. The penalties on a bidder violating these provisions are severe.
Each bid shall be enclosed in a sealed envelope, labeled and delivered to the Director
of Public Works at the address above. Bidders are warned against making erasures or
alterations of any kind, without initialing each and every such change. Bids that contain
uninitialed erasures, alterations or irregularities of any kind, or omissions, may be
rejected. No oral, telegraphic, or telephone (including facsimile) bids or modifications
will be considered.
Each bidder shall submit with its bid a statement setting forth its experience and
qualifications on the forms included in the Contract and Bidding Documents.
Telephones will not be available to bidders for the preparation of the bids or for calling in
bid results. Bid forms received after the designated time will not be accepted. Bidders
and their authorized agents are invited to attend the bid opening.
No bidder may withdraw its bid for a period of sixty (60) days after the date set for the
opening of bids.
City reserves the right to reject any or all bids; to make any awards or any rejections in
what it alone considers to be in the best interest of City, and to waive any informalities
or irregularities in the bids.
ADDENDA
Each bid shall include specific acknowledgment (in the space provided) of the receipt of
all addenda issued during the bidding period. A bidder's failure to acknowledge all
addenda may result in the bid being rejected as not responsive.
BID PRICES
Bid prices shall include everything necessary for the completion of construction and
fulfillment of the contract, including but not limited to furnishing all transportation,
materials, equipment, tools, excavation, utilities, sheeting, shoring, bracing and
supports, plant and other facilities, and all management, superintendence, permits,
labor and services, except as may be provided otherwise in the Contract Documents.
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In the event that the product of a unit price and an estimated quantity does not equal the
extended amount quoted, the unit price shall govern and the correct product of the unit
price and the estimated quantity shall be deemed to be the amount bid. If the sum of
the individual items does not equal the total base price, the individual item totals shall
govern and the corrected sum shall be deemed to be the total base bid.
Where there is a conflict between words and figures, the words shall govern and the
figures shall be disregarded.
TAXES
Bid prices shall include all applicable federal, state, and local taxes.
EXPERIENCE OF BIDDERS
At the time of bidding, and throughout the period of the contract, each bidder shall be
licensed under the provisions of the California Business and Professions Code to do the
type of work contemplated for the project. The license classification shall be a Class B
General Building Contractor or Class C-4 – Boiler License.
It is the intention of City to award a contract, if at all, to the lowest responsive
responsible bidder who demonstrates the attributes of trustworthiness, as well as
quality, fitness (including financial qualifications), capacity and experience to enable it to
prosecute the work successfully and properly, and to complete the work within the time
period named in the Contract Documents.
To determine the degree of responsibility to be credited to the bidder, City will weigh
any evidence that the bidder has performed satisfactorily other contracts of like nature
and magnitude, and comparable difficulty and rates of progress, to the Work. City shall
have sole discretion to determine what contracts are of like nature and magnitude, and
comparable difficulty and rates of progress. City may reject bids from Contractors who
cannot satisfactorily prove the experience and qualifications outlined in paragraph 10
hereof.
LISTS OF SUBCONTRACTORS
On the forms provided, each bidder shall list the name and address of each
subcontractor to whom the bidder proposes to sublet portions of the work in excess of
one-half of one percent of the total amount of the bid or $10,000, whichever is greater.
For the purpose of this paragraph, a subcontractor is defined as anyone who contracts
with the Contractor to furnish materials and labor or labor only, and/or one who specially
fabricates and/or installs a portion of the work or improvement according to detailed
drawings contained in the Contract Documents. All listings and subsequent
substitutions, if any, shall be done in conformance with the Subletting and
Subcontracting Fair Practices Act, California Public Contract Code Section 4100 et seq.
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BID GUARANTY
The bid shall be accompanied by a bid guaranty bond duly completed by a corporate
surety authorized to conduct business in the State of California payable to the City of
Saratoga in the sum of at least ten percent (10%) of the total amount of the bid. The
bond shall be on the form included in the Contract Documents. Alternatively, a certified
or cashier's check, payable to the City of Saratoga, in the sum of at least ten percent
(10%) of the total amount of the bid may be substituted for the bid guaranty bond. The
amount payable to the City of Saratoga under the bid guaranty bond, or the certified or
cashier's check, as the case may be, shall be forfeited to City as liquidated damages in
the case of the failure or neglect of the successful bidder to furnish, execute, and deliver
to City the required performance and payment bonds and evidences of insurance,
and/or to enter into, execute, and deliver to City the Agreement on the form provided
herewith, within ten (10) days after being notified in writing by City that the award has
been made.
MODIFICATION OF BID
Modification of a bid already received will be considered only if the modification is
received prior to the deadline for receiving bids. All modifications shall be made in
writing, executed, and submitted in the same form and manner as the original bid.
POSTPONEMENT OF OPENING
City reserves the right to postpone the date and time for receiving and/or opening of
bids at any time prior to the date and time established in the Notice Inviting Bids.
Pursuant to Public Contract Code Section 4104.5, the City shall extend the date and
time for closing of submission of bids (the "bid deadline") by no less than seventy-two
(72) hours in the event that CITY issues any material changes, additions, or deletions to
the bidding documents later than seventy-two (72) hours prior to the bid deadline.
NON COLLUSION AFFIDAVIT
California Public Contract Code Section 7106 requires that each bidder execute a
Noncollusion Affidavit on all public works contracts. Bidder shall execute the
Noncollusion Affidavit included with the Contract Documents and submit it to City with
the bid.
DISQUALIFICATION OF BIDDER
If there is a reason to believe that collusion exists among any of the bidders, none of the
bids of the participants in such collusion will be considered, and City may choose to
reject all bids received.
REJECTION OF BIDS
City reserves the right to reject any bids which are incomplete, obscure, or irregular; any
bids which omit a bid on any one or more items for which bids are required; any bids
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which omit unit prices if unit prices are required; any bids in which unit prices are
unbalanced in the opinion of City; any bids accompanied by insufficient or irregular bid
guaranty; and any bids from bidders who has been delinquent or unfaithful in any former
contract with City. City reserves the right to reject defective bids or to waive technical
defects, as the interests of City may require.
RELIEF OF BIDDERS
Attention is directed to the provisions of California Public Contract Code Section 5100,
et seq., concerning relief of bidders, and in particular to the requirement therein that if a
bidder claims a mistake was made in its bid, the bidder shall give City written notice of
the alleged mistake within five (5) calendar days after the opening of the bids, specifying
in the notice, in detail, how the mistake occurred.
COMPLETING AND SIGNING FORMS
The Bidder's attention is directed to the forms included in the Contract Documents,
which must be completed and signed. FAILURE TO PROPERLY COMPLETE AND
SIGN ANY FORMS MAY BE CAUSE FOR REJECTION OF A BID.
DEBARRED CONTRACTORS AND SUBCONTRACTORS
No contractor or subcontractor who is ineligible to bid or work on, or be awarded, a
public works contract under California Labor Code Sections 1777.1 or 1777.7 can bid
on, be awarded or perform work as a subcontractor on the Project. The Contractor is
prohibited from letting work on the Project to a subcontractor who is ineligible to perform
work on a public works project under these sections of the Labor Code.
PRIOR APPROVAL OF SUBSTITUTIONS ("APPROVED EQUALS")
Bidders wishing to obtain prior approval of a substitution for a specified material or
system (an "approved equal") shall submit all required documentation in compliance
with procedures established in the Contract Documents. Any request for an approved
equal must be fully supported with technical data, test results, or other pertinent
information as evidence that the substitute offered is equal to or better than the
specification requirement.
Prior approval requests must be received by City, in writing, at least 7 working days
prior to bid deadline. If City determines the requested material or system is equal to
that specified, City will notify the Bidders prior to time for submitting bids. City's failure
to notify the Bidders of an approved equal shall be deemed a rejection of the requested
substitution.
PREVAILING WAGE AND APPRENTICESHIP
In accordance with California Labor Code Section 1771, all contractors and
subcontractors on this public work project shall pay not less than current prevailing
wage rates as determined by the California Department of Industrial Relations ("DIR").
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All contractors and subcontractors on this public work project shall comply with the
requirements of California Labor Code Sections 1777.5 and 1777.6 in the employment
of apprentices.
Questions regarding general prevailing wage rates should be directed to:
Department of Industrial Relations
Division of Labor Statistics and Research
P.O. Box 420603
San Francisco, CA 94142-0603
Phone: (415) 703-4774
Questions pertaining to apprenticeship crafts should be directed to:
Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco, CA 94142-0603
Phone: (415) 703-4920
Information is also available at the Department of Industrial Relations' website:
http://www.dir.ca.gov
Any contractor who is awarded a public works contract is not relieved of the obligation
to pay prevailing wage rates for any craft or classification not listed in the General
Determinations or in any Special Determination. If a contractor intends to use a craft or
classification not listed in the General Determinations or existing Special
Determinations, he or she must notify CITY no later than forty-five (45) days before the
bid deadline and request a Special Determination. If no determination has been made
at the time the contract is awarded, the contractor shall pay the prevailing wage rate of
the craft or classification most closely related to the craft or classification used.
All prevailing wage rates are subject to modification pursuant to Important Notices
issued by the DIR's Division of Labor Statistics and Research and recent union contract
negotiations.
BID PROTEST PROCEDURES
These procedures apply to all procurement actions, whether by sealed bid, request for
bid or sole source, and regardless of the stage of the procurement process at which the
protest is filed.
Any protest relating to the form or content of the bidding or contract documents must be
submitted in writing to Public Works Director at 13777 Fruitvale Avenue, Saratoga, CA
95070 no later than ten (10) working days before the bid deadline. Any person who
submits a bid shall be deemed to have waived any protest to the form or content of the
proposal documents that has not been submitted as provided in this section.
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Any protest relating to any particular proposal or the award of the contract must be
submitted in writing to Public Works Director. The protest must be received no later
than five (5) calendar days after the basis of protest is known or should have been
known, whichever is earlier, and in no event will any protest received more than ten (10)
calendar days after the bid date be accepted.
The initial protest document shall contain a complete statement of the basis for the
protest.
The protest shall refer to the specific portion(s) of the proposal documents which forms
the basis for the protest.
The protest shall include the name, business address and telephone number of the
person representing the protesting party.
The party filing the protest shall concurrently transmit a copy of the initial protest
document and any attached documentation to all other parties who have a direct
financial interest that may be adversely affected by the outcome of the protest. Such
parties shall include all other bidders who appear to have a reasonable prospect of
receiving an award depending upon the outcome of the protest. The documents shall
be transmitted by fax or overnight mail.
The procedure and time limits set forth in this section are mandatory and are the sole
and exclusive remedy in the event of protest. Failure to comply with these procedures
shall constitute a waiver of any right to further pursue the protest, including filing a
Government Code claim or instituting legal proceedings.
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GENERAL CONDITIONS
SARATOGA LIBRARY HVAC RENOVATION
SECTION GC-1 DEFINITIONS AND TERMS
Whenever in the Contract Documents the following terms are used, the intent and
meaning shall be interpreted as follows (unless noted otherwise):
Agreement – the written instruments comprising the complete and integrated contract
between the City of Saratoga and the Contractor.
Business day – see "working day" below
Calendar day – a period of twenty-four (24) hours measured from midnight to the next
midnight. If not otherwise specified in the Agreement, days shall be presumed to be
calendar days.
Caltrans Standard Specifications - Standard Specifications for Construction of Local
Streets and Roads issued by the State of California, Department of Transportation,
2006 edition. Any reference therein to a State agency or officer shall be interpreted as if
the corresponding City of Saratoga office or officer acting under this contract were so
specified.
Caltrans Standard Plans - Standard Plans for Construction of Local Streets and Roads
issued by the State of California, Department of Transportation, current edition. All
metric measurements or quantities in the Caltrans Standard Plans shall be disregarded,
and equivalent United States measures used.
Contractor – the individual or entity with whom City has entered into the Agreement.
Council - The City of Saratoga City Council, the governing body of the City of Saratoga.
County – Santa Clara County, California.
City – the City of Saratoga.
Engineer – List Engineering Mechanical Consultant or its successor.
Laboratory - The designated laboratory authorized by the City of Saratoga to test
materials and work involved in the contract.
Working day – is as defined in Section 8-1.06 ("Time of Completion") of the Caltrans
Standard Specifications.
Other terms appearing in the Contract Documents shall have the intent and meaning
specified in Section 1 ("Definitions and Terms") of the Caltrans Standard Specifications.
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SECTION GC-2 BID REQUIREMENTS AND CONDITIONS
A. APPROXIMATE QUANTITY ESTIMATE
The quantities given in the Notice Inviting Bids and in the bid and contract forms are
approximate only, being given as a basis for the comparison of bids, and CITY does
not, expressly or by implication, agree that the actual amount of work will correspond
therewith, but reserves the right to increase or decrease the amount of any class or
portion of the Work, or to omit portions of the Work, as may be deemed necessary or
advisable by the Director of Public Works.
B. EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF
WORK
The bidder shall examine carefully the site of work contemplated and all Contract
Documents, including all bid and contract forms incorporated by reference therein. The
submission of a bid shall be conclusive evidence that the bidder has investigated and is
satisfied as to the conditions to be encountered, as to the character, quality, and scope
of work to be performed, the quantities of materials to be furnished, and as to the
requirements of the bid, plans, specifications, and the contract. If, during the course of
its examination, a bidder finds facts or conditions which appear to be in conflict with the
letter or spirit of the project plans and specifications, the bidder shall contact CITY for
additional information and explanation before submitting its bid. Any request for
information must be submitted at least ten (10) working days before the time announced
for opening the bids, if any.
C. QUESTIONS DURING BIDDING
Any questions regarding the Contract Documents or bid forms shall be directed to the
person listed in the Information For Bidders. All questions must be submitted at least
ten (10) working days before the original bid deadline.
D. ADDENDA
When CITY deems it necessary, addenda may be issued to the Contract Documents to
amend, clarify or correct matter contained therein. Such addenda shall constitute a part
of the Contract Documents and shall be equally binding with them. Addenda shall be
forwarded to all prospective bidders when such addenda are issued prior to receipt of
bids. Bidder must acknowledge all addenda on the bid form. Failure to acknowledge all
addenda issued will render the bid nonresponsive.
E. BID FORM
All bids must be submitted upon blank forms provided in the Contract Documents. Bid
prices shall include all applicable taxes that the Contractor is required to pay. All bids
must give the prices proposed and must be signed by the bidder and include bidder's
business address. If the bid is made by an individual, his name and business address
must be shown. If made by a firm or partnership, the name and business address of
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each member of the firm or partnership must be shown. If made by a corporation, the
bid must show the name of the state(s) in which the bidder is incorporated and the
names, titles, and business addresses of the corporation's president, secretary, and
treasurer. All bids shall be submitted as directed in the Notice Inviting Bids under
sealed cover plainly marked as a bid, and identifying the project to which the bid relates
and the date of the bid opening therefor. Bids which are not properly marked may be
disregarded.
F. PUBLIC OPENING OF BIDS
Bids will be opened and read publicly at the time and place indicated in Notice Inviting
Bids. Bidders or their authorized agent are invited to be present.
SECTION GC-3 AWARD AND EXECUTION OF CONTRACT
A. AWARD OF CONTRACT
CITY reserves the right to reject any and all bids. The contract will be awarded, if at all,
to the lowest responsive responsible bidder whose bid complies with all the
requirements set forth in the Notice Inviting Bids and Information to Bidders and all
documents referenced therein.
In the event that bids are required to include prices for items that may be added to or
deducted from the scope of the work of the contract for which the bid is being submitted,
the lowest bid shall be the lowest bid price on the base contract those additive or
deductive items that were specifically identified in the bid solicitation as being used for
the purpose of determining the lowest bid price. CITY reserves the right to add to or
deduct from the contract any of the additive or deductive items after the lowest
responsible bidder has been determined.
The contract will be awarded, if at all, within 60 calendar days after the opening of the
bids.
The Work will not start until CITY has successfully acquired all necessary rights of way,
easements and permits to begin work on this project.
B. CONTRACT BONDS
The successful bidder shall furnish two separate contract bonds. Each of the bonds
shall be executed in an amount equal to at least 100% of the Contract Price. One bond
shall guaranty the faithful performance of the contract by the Contractor; and the other
bond shall secure payment of the claims of laborers, mechanics, and material suppliers
employed under the contract and shall contain all provisions required by law to be
included in such bond forms, including the requirements of Civil Code Sections 3247 -
3252. No alteration, extension of time, extra and additional work, or other change
authorized by the Contract Documents will affect the obligations of the surety or sureties
on the payment or performance bonds, and no notice to the surety or sureties shall be
required.
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Any bond required herein shall be issued by a corporate surety admitted to transact
surety business in the State of California and holding a valid Certificate of Authority to
transact Surety Insurance in the State of California.
C. EXECUTION OF THE CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the
Contract bonds required by Section GC-3 (B) and insurance certificate required by
Section GC-7 (S) of these General Conditions, after the bidder has received notice that
the Contract has been awarded. No bid shall be considered binding upon the City of
Saratoga until the award of the contract by the Council.
D. NOTICE TO PROCEED
A separate Notice to Proceed will be issued to the Contractor for this work. Within ten
(10) working days from the Notice to Proceed or date specified in the Notice to Proceed,
the Contractor shall commence work. Working days will be charged to the Contractor
after the ten-day period has elapsed.
E. FAILURE TO EXECUTE CONTRACT
Failure to execute the Agreement and file acceptable performance and payment bonds
and insurance as provided herein within fifteen (15) calendar days after the bidder has
received notice that the contract for the Work has been awarded to him, shall be just
cause for the annulment of the award and the forfeiture of the bid guaranty. Upon any
such failure by the successful bidder, the contract for the work may be awarded to the
second lowest responsible bidder. If the second lowest responsible bidder fails to
execute the Agreement and file acceptable bonds and insurance as provided herein
within fifteen (15) calendar days after such bidder has received notice that the contract
for the Work has been awarded to him, the contract for the Work may be awarded to the
third lowest responsible bidder. Failure of the second or of the third lowest responsible
bidder to whom a contract is so awarded to execute the Agreement and file acceptable
bonds and insurance as provided herein within fifteen (15) calendar days after such
bidder has received notice that the contract for the Work has been awarded to him shall
be just cause for the annulment of the award and the forfeiture of the bid guaranty of
each such bidder.
F. RETURN OF BID GUARANTEES
CITY will retain all bid guarantees until the Agreement for the Work has been fully
executed and CITY has received the bonds and evidence of insurance required to be
furnished, or CITY has acted to reject all bids. CITY will return the bid guarantees of
unsuccessful bidders, other than those forfeited.
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SECTION GC-4 SCOPE OF WORK
A. INTENT OF PLANS AND SPECIFICATIONS
The intent of the Contract Documents is to prescribe the details for the construction and
completion of the work the Contractor undertakes to perform.
Where the plans or specifications describe portions of the work in general terms, but not
in complete detail, it is understood that only the best general practice is to prevail and
that only materials and workmanship of the first quality are to be used. Unless
otherwise specified, the Contractor shall furnish all labor, material, tools, equipment,
flaggers, and incidentals, and do all the work involved in executing the contract in a
satisfactory and workmanlike manner.
B. STANDARD SPECIFICATIONS AND SPECIAL CONDITIONS
All work embraced herein shall be constructed in strict accordance with the applicable
codes, plans and the Caltrans Standard Specifications, where applicable. All work will
be done under the inspection of City, the Engineer and any other public agency with
jurisdiction over the Project and shall be the responsibility of the Contractor.
The work embraced herein shall be done in accordance with specifications approved by
CITY if such work, material or equipment is not specifically detailed in the Contract
Documents, Special Conditions, or accompanying plans.
The parts of the Contract Documents are intended to be complementary.
In case of conflict between Sections 1 through 9 of the Caltrans Standard Specifications
and the General Conditions or Special Conditions of this Agreement, the General
Conditions or Special Conditions shall control. In case of a conflict between the
General Conditions and the Special Conditions, the Special Conditions shall control. In
case of conflict between the Caltrans Standard Specifications and the other Contract
Documents, the provisions of paragraph GC-5.D Coordination And Interpretation Of
Plans, Standard Specifications, and Special Conditions shall apply.
C. FINAL CLEAN-UP
Before acceptance and final payment, the Contractor shall clean the streets, roads,
structures, and all ground occupied by him in connection with the Work, of all rubbish,
excess materials, temporary structures, and equipment. All parts of the Work shall be
left in a neat and presentable condition. Any damage to property, missing signs,
mailboxes, etc. must be repaired/replaced to the satisfaction of CITY. Full
compensation for final clean up shall be deemed included in the prices paid for the
various contract items of work, and no separate payment will be made therefor.
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D. CHANGES
CITY reserves the right to make such alterations, deviations, additions to or omissions
from the Contract Documents, including the right to increase or decrease the quantity of
any item or portion of the Work or to omit any item or portion of the Work, as may be
deemed by the Director of Public Works to be necessary or advisable and to require
such extra work as may be determined by the Director of Public Works to be necessary
for the proper completion or construction of the whole work. Changes in quantities shall
be in accordance with the provisions of Section 4-1.03B ("Increased or Decreased
Quantities") of the Caltrans Standard Specifications.
Any such changes will be set forth in a contract change order which will specify, in
addition to the work to be done in connection with the change made, adjustment of
contract time, if any, and the basis of compensation for such work. A contract change
order will not become effective until approved by CITY in writing.
All changes in the work shall be made as provided in the Contract Documents. Notice
is hereby given that under certain circumstances, changes may require the approval of
the Council, and may further require notice to affected property owners and a public
hearing.
E. SALVAGE FOR THE CITY
The Contractor shall remove and preserve carefully any materials designated to be
salvaged for the City and shall arrange for the delivery of those materials to the City as
directed by the Director of Public Works. The Contractor shall be liable for any damage
or destruction of materials designated for salvage. Contractor shall notify Owner at
least two working days before commencing demolition of the existing boiler system so
that Owner can document the existing conditions
F. SEVERABILITY CLAUSE
If any provision or any part of any provision of these Contract Documents is, for any
reason, held to be invalid, unenforceable or contrary to any public policy, law, statute,
regulation or ordinance, then the remainder of these Contract Documents shall not be
affected thereby and shall remain valid and fully enforceable.
G. EXTRA WORK
New and unforeseen work will be classed as extra work when such work cannot be
covered by any of the various items or combination of items for which there is a bid
price. The Contractor shall do no extra work except upon written order from the Director
of Public Works. Compensation for authorized extra work will be paid as previously
agreed upon in writing, or by force account as provided in Section 9-1.03 ("Force
Account Payment") of the Caltrans Standard Specifications.
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SECTION GC-5 CONTROL OF WORK
A. AUTHORITY OF DIRECTOR OF PUBLIC WORKS
The Director of Public Works shall decide all questions which may arise as to the quality
or acceptability of materials furnished and work performed and as to the manner or
performance and loss of progress of the work; all questions which may arise as to the
interpretation of the plans and specifications; all questions as to the acceptable
fulfillment of the contract on the part of the Contractor; and all questions as to
compensation. The Director of Public Work's decision shall be final and shall have
authority to enforce and make effective such decisions and orders which the Contractor
shall carry out promptly.
B. PLANS AND WORKING DRAWINGS
All authorized alterations affecting the requirements and information given on the
approved plans shall be in writing. No changes shall be made to any plan or drawing
without approval of the Director of Public Works.
The Plans furnished consist of general drawings and show such details as are
necessary to give a comprehensive idea of the construction contemplated. All
authorized alterations affecting the requirements and information given on the contract
plans shall be in writing.
The Plans shall be supplemented by such working drawings prepared by the Contractor
as are necessary to perform the Work adequately. No change shall be made by the
Contractor to any working drawing after it has been approved by the Director of Public
Works.
It is expressly understood, however, that approval of the Contractor's working drawings
shall not relieve the Contractor of any responsibility for accuracy of dimensions and
details, or for mutual agreement of dimensions and details. Contractor shall be
responsible for agreement and conformity of his working drawings with the Contract
Documents.
Full compensation for furnishing all working drawings shall be deemed included in the
prices paid for the contract items of work to which such drawings relate and no separate
payment will be made therefor.
C. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE
DEVIATIONS
Work and materials shall conform to the lines, grades, cross sections, dimensions and
material requirements, including tolerances, in the Contract Documents. Although
measurement, sampling and testing may be considered evidence as to such conformity,
the Director of Public Works shall be the sole judge as to whether the work or materials
deviate from the plans and specifications, and his decision as to any allowable
deviations therefrom shall be final. Deviations from the approved plans, as may be
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required by the exigencies of construction, will be determined in all cases by the
Director of Public Works and authorized in writing.
D. COORDINATION AND INTERPRETATION OF PLANS, STANDARD
SPECIFICATIONS, AND SPECIAL CONDITIONS
The Caltrans Standard Specifications, the Santa Clara County Standard Plans and
Specifications (if any), any Special Conditions, these General Conditions, contract
change orders, and all supplementary documents are essential parts of the Contract
Documents, and a requirement occurring in one is binding as though occurring in all.
They are intended to be cooperative, to describe, and to provide for a complete work.
In the event of a conflict, the most stringent shall govern.
In the event of any discrepancy between any drawing and the figures written thereon,
the figures shall be taken as correct. Detail drawings shall prevail over general
drawings.
E. ORDER OF WORK
When required by the Special Conditions or Plans, the Contractor shall follow the
sequence of operations as set forth therein. Full compensation for conforming with
such requirements will be deemed included in the prices paid for the various contract
items of work and no separate payment will be made therefor.
F. SUPERINTENDENCE
The Contractor shall provide competent supervision of the Work as approved by the
Director of Public Works. The Contractor or designated representative shall be present
at the site at all times while work is actually in progress. Before starting work, the
Contractor shall designate in writing a representative who shall have the authority to
represent and act for the Contractor regarding any written or verbal directions, or
requests of the Director of Public Works. Directions or requests delivered to the
representative shall have the same force and effect as if delivered to the Contractor.
The authorized representative shall be an employee of the Contractor's organization
and shall be shown on the Contractor's payroll
The Contractor will not designate a subcontractor as the authorized representative.
Whenever the Contractor or its representative is not present on any particular part of the
work where the Director of Public Works desires to give direction, the Director of Public
Works will give orders which shall be received and obeyed by the superintendent or
foreman who may have charge of the particular work for which the order is given.
Failure of the Contractor or its representative to be present at the job site at all times
when work is in progress will be deemed failure on the part of the Contractor to perform
a provision of the Contract. If the Contractor or its representative is not present at the
job site, the Director of Public Works may, in accordance with Section 8-1.05
("Temporary Suspension of Work") of the Caltrans Standard Specifications, suspend all
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work until satisfactory arrangements have been made to have a designated
representative on the site at all times when work is in progress. No additional
compensation or additional working days will be allowed for such suspension. All
working days lost due to such suspension will be charged to the Contractor.
During periods when work is suspended, arrangements acceptable to the Director of
Public Works shall be made for any emergency work that is required.
G. LINES AND GRADES
Unless otherwise such stakes or marks will be set by the Director of Public Works as
the Director of Public Works determines to be necessary to establish the lines and
grades required for the completion of the Work.
When the Contractor requires such stakes or marks, the Contractor shall notify the
Director of Public Works of his requirements in writing at least three (3) calendar days
(72 hours) in advance of starting operations that require such stakes or marks. The
Contractor shall coordinate his work such that each staking request will have a
minimum of four (4) hours of field staking time. If the Contractor submits a request
having less than the minimum four (4) hours of field staking time, the Contractor will be
billed the Director of Public Work's time and cost for the difference between the four (4)
hour minimum and the actual staking time.
The Contractor shall ensure that the area to receive stakes shall be free of all
obstructions, equipment, stockpiles, etc. If the area to receive stakes is not ready for
staking when City's representative arrives on the site, the original 72 hour advance time
will become void and City's representative will have 72 hours from the time the area is
made ready for stakes to place the stakes and to prepare cut sheets.
Stakes and marks set by the City shall be carefully protected from vandalism and
preserved by the Contractor. In case such stakes and marks are lost, destroyed, or
damaged, the Contractor must notify the Director of Public Works in writing of his
request for the stakes to be reset. Upon receipt of the request, the City will replace the
stakes within three (3) working days. The Contractor will be charged for the cost of
necessary replacement or restoration of stakes and marks which in the judgment of the
Director of Public Works were carelessly lost or willfully destroyed or damaged by the
Contractor's operations. Restake charges shall include any recalculation, checking, and
administrative charges CITY incurs. These charges will be deducted from any monies
due or to become due the Contractor.
H. INSPECTION
The Director of Public Works shall at all times have access to the Work during its
construction and shall be furnished with every reasonable facility for ascertaining that
the materials and the workmanship are in accordance with the requirements and
intentions of the Contract Documents. All work done and all materials furnished shall be
subject to the Engineer's inspection.
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The inspection of the work or materials shall not relieve the Contractor of any of its
obligations to perform the Work as prescribed. Work and materials not meeting such
requirements shall be made good; unsuitable work or materials may be rejected,
notwithstanding that such work or materials may have been previously inspected by the
Director of Public Works or that payment therefor has been included in a progress
estimate.
I. REMOVAL OF REJECTED AND UNAUTHORIZED WORK
The Contractor shall remedy or remove and replace at its own expense and in an
acceptable manner all work that has been rejected. CITY will not pay for such removal,
replacement, or remedial work.
Any work done beyond the lines and grades shown on the plans or established by the
Director of Public Works, or any extra work done without written authority, will be
deemed unauthorized work for which CITY will not pay. Upon order of the Director of
Public Works, the Contractor shall remedy or remove and replace unauthorized work at
the Contractor's expense.
Upon failure of the Contractor to comply promptly with any order of the Director of
Public Works made under this section, the Director of Public Works may cause rejected
or unauthorized work to be remedied, removed, or replaced, and to deduct the costs
from any monies due or to become due the Contractor.
J. CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor appears to CITY to be
incompetent or to act in a disorderly or improper manner, he or she shall be discharged
immediately on the request of CITY, and such person shall not again be employed on
the Work.
K. FINAL INSPECTION
When the work has been completed, CITY and Engineer will make the final inspection.
The Contractor shall request the final inspection in writing.
SECTION GC-6 CONTROL OF MATERIALS
A. GENERAL
The control of the materials used in the work, including but not limited to the sources,
handling, testing, and rejections, shall conform to Section 6 of the Caltrans Standard
Specifications.
B. SAMPLES AND TESTS
The source of supply of each material shall be approved by the Director of Public Works
before delivery begins and before the material is used in the work.
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Upon request of the Director of Public Works or as specified in these documents,
representative material samples of the prescribed character and quality shall be
submitted by the Contractor for testing or examination. No material shall be used
without approval of the Director of Public Works.
All tests of materials furnished by the Contractor shall be made in accordance with
commonly recognized standards of national organizations, and such special methods
and tests as are prescribed in the Caltrans Standard Specifications, and the Special
Conditions. The cost of re-testing material or workmanship that fails to pass the first
test shall be borne by the Contractor. Contractor shall submit all test results to the
Director of Public Works within five (5) calendar days of the testing at no charge to
CITY.
Full compensation for conforming with the requirements of this section shall be deemed
included in the prices paid for the various contract items of work and materials, and no
separate payment will be made therefor.
C. DEFECTIVE MATERIALS
All materials that the Director of Public Works determines do not conform to the
requirements of the Contract Documents will be rejected, whether in place or not. They
shall be removed immediately from the work site, unless otherwise permitted by the
Director of Public Works. No rejected material shall be used in the Work, unless the
defects are corrected and the Director of Public Works gives written approval.
Upon failure of the Contractor to comply promptly with any order of the Director of
Public Works made pursuant to this section, the Director of Public Works may cause the
removal and/or replacement of rejected material and may deduct the costs thereof from
any monies due or to become due the Contractor.
D. CHANGES TO SPECIFICATIONS/APPROVED EQUALS
Changes to the specifications will be made only by written addendum executed by the
Public Works Director.
Requests for approved equals or for clarification of specifications and protests of
specifications must be received by CITY, in writing, by the time specified in the
Instructions to Bidders prior to bid deadline or, if made after the contract is awarded, no
more than fifteen days after the facts giving rise to the request came to the attention of
the Contractor. Any request for an approved equal or protest of the specifications must
be fully supported with technical data, test results, or other pertinent information as
evidence that the substitute offered is equal to or better than the specification
requirement.
If CITY determines the requested material or system is equal to that specified, CITY will
notify the Bidders prior to bid deadline or Contractor within thirty calendar days after
receiving the request. City's failure to notify the Bidders or the Contractor of an
approved equal shall be deemed a rejection of the requested substitution.
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Wherever brand, manufacturer or product names are indicated in the specifications,
they are included ONLY for the purpose of establishing identification and a general
description of the item. Wherever such names appear, the term "or approved equal"
should be understood to follow.
It should be understood that specifying a brand name, components and/or equipment in
this specification shall not relieve the supplier from its responsibility to produce the
product in accordance with the performance warranty and contractual requirements.
The supplier is responsible for notifying CITY of any inappropriate brand name,
component and/or equipment that may be called for in the specifications and to propose
a suitable substitute for consideration.
E. WARRANTY OF TITLE
Contractor warrants to CITY and its successors and assigns that the title to the
materials, supplies or equipment covered by the Contract, when delivered to CITY or to
its successors or assigns, is free from all liens and encumbrances.
F. WARRANTY OF FITNESS
Contractor warrants that all materials, supplies and products furnished meet the
requirements and conditions of the Contract Documents and are fit for the purpose
intended.
G. WARRANTY OF MERCHANTABILITY
Contractor warrants that the goods are merchantable in accordance California
Commercial Code Section 2314. In accepting this and other warranties and the
materials or supplies to be manufactured or assembled pursuant to the Contract
Documents, CITY does not waive any warranty, either express or implied, in California
Commercial Code Sections 2312 through 2315, inclusive, or any liability of the
manufacturer as determined by any decision of a court of the State of California or of
the United States.
SECTION GC-7 LEGAL RELATIONS AND RESPONSIBILITY
A. GENERAL
In connection with laws to be observed and responsibility of the Contractor, attention is
directed to Section 7 ("Legal Relations and Responsibility") of the Caltrans Standard
Specifications and to the laws applicable to this contract and to the Work that are
referenced therein. Full compensation for conforming to the provisions of Section 7-
1.08 ("Public Convenience") and Section 7-1.09("Public Safety") shall be deemed
included in the prices paid for the various contract items of work, and no separate
payment will be made therefor.
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B. LAWS TO BE OBSERVED
The Contractor shall keep itself fully informed of all existing and future state and federal
laws and county and municipal ordinances and regulations which in any manner affect
those engaged or employed in the work, or the materials used in the work, or which in
any way affect the conduct of work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
The Contractor shall at all times observe and comply with, and shall cause all his agents
and employees to observe and comply with all existing and future laws, ordinances,
regulations, orders, and decrees applicable to this contract or to the Work.
The Contractor shall protect, defend, and indemnify CITY, and all officers and
employees thereof connected with the work, against any claim or liability arising from or
based on the violation of any such law, ordinance, regulation, order, or decree, whether
by City's representative or its employees. If any discrepancy or inconsistency is
discovered in the plans, drawings, specifications, or contract for the work in relation to
any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith
report the same to the Director of Public Works in writing.
C. LABOR
In connection with laws to be observed and responsibility of the Contractor, attention is
directed to Section 7 ("Legal Relations and Responsibility") of the Standard
Specifications and to the laws applicable to this contract and to the Work that are
referenced therein. Attention is particularly directed to the subsections pertaining to
Hours of Labor, Alien Labor, Labor Discrimination, Prevailing Wages, Apprentices, and
the Fair Labor Standards Act.
This is a public works contract within the meaning of Part 7 of Division 2 of the
California Labor Code (Sections 1720 et seq.), and the contractor and any
subcontractor under him shall pay not less than the specified prevailing wage rates to all
workers employed. Pursuant to the provisions of Section 1773 of the California Labor
Code, the CITY has obtained the general prevailing rate of wages and employer
payments for health and welfare, vacation, pension and similar purposes in the City of
Saratoga, a copy of which is on file 13777 Fruitvale Avenue, Saratoga, California at the
office of the Public Works Director, and shall be made available for viewing to any
interested party upon request.
Attention is directed to the provisions in of the Labor Code Sections 1777.5 and 1777.6
concerning the employment of apprentices by the Contractor or any subcontractor
under the Contractor. It shall be the responsibility of the Contractor to comply with and
to insure that all subcontractors comply with the requirements of said sections in the
employment of apprentices. Information relative to apprenticeship standards, wage
schedules, and other requirements may be obtained from the Director of Industrial
Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or
from the Division of Apprenticeship Standards and its branch offices.
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Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be
required to secure the payment of worker's compensation to its employees in
accordance with the provisions of Section 3700 of the Labor Code.
Prior to commencement of work, the Contractor shall sign and file with the Director of
Public Works a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions before commencing the performance of the
work of this contract."
Full compensation for conforming to the requirements of this section shall be deemed
included in the prices paid for the various contract items of work, and no separate
payment will be made therefor.
All penalties set forth in Section 7 ("Legal Relations and Responsibilities") of the
Caltrans Standard Specifications shall be payable to the City of Saratoga.
D. CONTRACTOR'S LICENSING LAWS
Attention is directed to the California Business and Professions Code Sections 7000 et
seq. concerning the licensing of contractors. All bidders and subcontractors shall be
licensed in accordance with the laws of this State and any bidder or subcontractor not
so licensed is subject to penalties imposed by such laws.
E. CHILD AND FAMILY SUPPORT OBLIGATIONS
The contractor shall fully comply with all state and federal laws relating to child and
family support enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Chapter (commencing with
Section 5200) of Part 5 of Division 9 of the Family Code.
F. DOMESTIC MATERIALS
Only such unmanufactured materials as have been produced in the United States, and
only such manufactured materials as have been manufactured in the United States,
substantially all from materials produced in the United States, shall be used in the
performance of the contract, in accordance with the provisions of California Government
Code Sections 4300 et seq.
Pursuant to California Government Code Section 4304, any person who fails to comply
with this section of the contract shall not be awarded any contract for the construction,
alteration or repair of public works or for the purchase of materials for public use for a
period of three (3) years from the date of the violation.
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G. PAYMENT OF TAXES
The contract prices paid for the Work shall include full compensation for all taxes the
Contractor is required to pay, whether imposed by federal, state or local government,
including, without being limited to, federal excise tax. Taxes shall be deemed included
in the prices paid for the various contract items of work, and no separate payment will
be made therefor.
H. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and
give all notices necessary and incidental to the due and lawful prosecution of the Work.
Any construction permits required by CITY for performing any work on this project will
be issued by CITY at no charge to the Contractor. The Contractor and all
subcontractors shall pay all City business license fees.
I. PATENTS
The Contractor shall assume all costs arising from the use of patented materials,
equipment, devices, or processes used on or incorporated in the Work. In addition to
the obligations set forth in paragraph N ("Responsibility for Damage") below, the
Contractor shall indemnify, defend, and hold CITY, its elected and appointed officials,
and its employees harmless against any claim arising from Contractor's work under this
Agreement in which a violation of intellectual property rights, including but not limited to
copyright or patent infringement, is alleged.
J. SAFETY
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons (including employees) and property on or near the Project
or adjacent to the work site during the performance of the Work. This requirement shall
apply continuously and not be limited to normal working hours.
The duty of the Director of Public Works to conduct review of the Work does not include
review or approval of the adequacy of the Contractor's safety program, safety
supervisor, or any safety measures taken in, on, or near the job site.
Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable
federal, state, county, and local laws, ordinances, codes, and regulations. Where any of
these are in conflict, the more stringent requirement shall be followed. The Contractor's
failure to thoroughly familiarize itself with the aforementioned safety provisions shall not
relieve it from the obligation to comply with such provisions or from the penalties set
forth therein.
The Contractor shall develop and maintain for the duration of this contract a safety
program that will effectively incorporate and implement all required safety provisions.
The Contractor shall appoint a qualified employee to supervise and enforce compliance
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with the safety program. Information regarding the safety program shall be posted at the
project site.
K. PUBLIC CONVENIENCE AND SAFETY
Contractor shall submit a traffic control plan to the Director of Public Works for approval
prior to start of work.
The Contractor's attention is directed to Section 7-1.08 ("Public Convenience") and 7-
1.09 ("Public Safety") of the Caltrans Standard Specifications. Full compensation for
complying with the provisions of such subsections shall be deemed included in the
prices paid for the various contract items of work, and no separate payment will be
made therefor.
All signs required by the Director of Public Works shall be furnished and installed by the
Contractor. The cost of furnishing, installing, maintaining, and removing such signs
shall be deemed included in the prices paid for the various contract items of work, and
no separate payment will be made therefor.
The Contractor shall notify the City of Saratoga Fire and Police Departments in writing
at least 2 working days before closing any street or otherwise hindering access by
emergency vehicles to any area.
L. FLAGGING COSTS
The costs of furnishing all flagmen and guards under the provisions of this section and
Sections 7-1.08 ("Public Convenience"), 7-1.09 ("Public Safety"), and 12-2.02
("Flagging Costs") of the Caltrans Standard Specifications will be borne by the
Contractor and shall be considered included in the prices paid for the various contract
items of work; no separate payment will be made therefor.
M. PRESERVATION OF PROPERTY
Attention is directed to Section 7-1.12 ("Indemnification and Insurance") and to Section
8-1.10, ("Utility and Non-Highway Facilities") of the Caltrans Standard Specifications.
Contractor shall exercise due care to avoid injury to existing highway improvements or
facilities, utility facilities, adjacent property, and roadside trees and shrubbery that are
not to be removed.
Roadside trees and shrubbery; pole lines, fences; mailboxes; signs; markers and
monuments; buildings and structures; conduits; pipe lines under or above ground ;
sewer and water lines ; all highway facilities ; and any other improvements or facilities
within or adjacent to the work, other than those to be removed in accordance with the
plans, shall be protected from injury or damage. If ordered by the Director of Public
Works, the Contractor shall provide and install suitable safeguards, approved by the
Director of Public Works, to protect such objects from injury or damage. If such objects
are injured or damaged by reason of the Contractor's operation, they shall be replaced
or restored at the Contractor's expense. The facilities shall be replaced or restored to a
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condition as good as when the Contractor entered upon the work, or as good as
required by the contract, if any such objects are a part of the work being performed
under the contract. The Director of Public Works may make or cause to be made such
temporary repairs as are necessary to restore to service any damaged highway or other
facility. The cost of such repairs shall be borne by the Contractor and may be deducted
from any monies due or to become due to the Contractor under the contract.
It shall be the Contractor's responsibility to ascertain the existence of any underground
improvements or facilities that may be subject to damage in the course of performing
the Work. A minimum of forty-eight (48) hours, or two working days, prior to beginning
of construction, the Contractor shall notify Underground Services Alert (USA), telephone
1-800-642-2444, to have existing facilities marked in the field.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals,
and for doing all the work involved in protecting or repairing property as specified in this
section shall be deemed included in the prices paid for the various contract items of
work and no separate payment will be made therefor.
N. PRE CONSTRUCTION SURVEY
The Contractor shall, if required by CITY, provide pre-construction color photographs,
35mm or larger film size, of the work site including surrounding areas as stated above.
Each photograph shall be marked to indicate the date, name of work, and the location
where the photograph was taken. Photographs shall be taken at intervals as directed
by the Director of Public Works or his designee.
Prints shall be submitted in a three-ring photo album binder with clear plastic-covered
fillers, four photos each side, grouped according to street, lateral, or line, and in
sequence. Each group of prints shall be identified by a label that projects beyond the
edge of filler and is easily recognized. Negatives may be placed within the filler sleeves
or submitted separately.
Approximately twenty-five (25) photographs shall be submitted to the Director of Public
Works for the Director of Public Work's approval. This approval shall be obtained
before proceeding with the remaining photographs. Video may also be required if
specified in the technical specifications.
The photographs and/or video tapes shall be submitted to the Director of Public Works
either prior to or with the first progress payment request. The progress payment
request will not be considered for payment until the Director of Public Works accepts
this deliverable.
Full compensation for furnishing all pre-construction survey photos and/or videos shall
be deemed included in the prices paid for the various contract items of work and no
separate payment will be made therefor.
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O. RESPONSIBILITY FOR DAMAGE
The City of Saratoga and all officers and employees thereof connected with the Work,
including but not limited to the City Council, shall not be answerable or accountable in
any manner for any loss or damage that may happen to the Work or any part thereof;
for any loss or damage to any of the materials or other things used or employed in
performing the Work; for injury to or death of any person; or for damage to property from
any cause except losses due to sole or active negligence of the City of Saratoga's
officers or employees.
All loss or damage arising from any unforeseen obstruction or difficulties, either natural
or artificial, which may be encountered in the execution of the work, or the furnishing of
the supplies, materials, or equipment, or from any action of the elements prior to final
written acceptance of the work, or of the supplies, materials or equipment, or from any
act or omission not authorized by the Contract Documents on the part of the Contractor
or any agent or person employed by it, shall be sustained and borne solely by the
Contractor.
Notwithstanding any other provision of the Contract Documents, Contractor shall, to the
fullest extent allowed by law, defend, indemnify and hold harmless the City of Saratoga,
its elected and appointed officials, and its employees from all liability, penalties, costs,
losses, damages, expenses, causes of action, claims or judgments, including attorney's
fees and other defense costs, resulting from injury to or death sustained by any person
(including Contractor's employees), or damage to property of any kind, or any other
injury or damage whatsoever arising out of or in any way connected with the
performance of the Contract, including any of the same resulting from the alleged or
actual negligent acts or omissions of City's officers, agents, contractors or employees;
except that said indemnity shall not be applicable to injury, death or damage to property
arising from the sole or active negligence or willful misconduct of CITY, its officers,
agents, or employees who are directly responsible to CITY. This indemnification shall
extend to claims asserted after termination of this Contract for whatever reason.
Without limiting the generality of the foregoing indemnity, such indemnity obligation
expressly extends to and includes any and all claims, demands, losses, damages,
costs, expenses, fines, penalties, judgments or liability occasioned as a result of:
a) Damages to adjacent property caused by the conduct of the Work;
b) The violation by the Contractor, the Contractor's agents, employees, or
independent contractors or subcontractors, of any provisions of federal,
state or local law, including applicable administrative regulations such as,
without limitation, discharge permit requirements;
c) Injury to or death of any person, or any property damage to property
owned by any person while on or about the site or as a result of the Work,
whether such persons are on or about the site by right or not, whenever
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the Work is alleged to have been a contributing cause in any degree
whatsoever.
In addition to any remedy authorized by law, so much of the money due the Contractor
under and by virtue of the contract as shall be considered necessary by CITY, may be
retained by CITY until disposition has been made of such suits or claims for damage.
P. COOPERATION
Should construction be under way by CITY, other agencies or other contractors within
or adjacent to the limits of the Work, or should work of any other nature be under way
by other forces within or adjacent to said limits, the Contractor shall cooperate with all
such other contractors or other forces to the end that any delay or hindrance to their
work will be avoided.
CITY reserves the right to perform other or additional work at or near the site (including
material sources) at any time, by the use of other forces.
Q. CONTRACTOR'S RESPONSIBILITY FOR WORK AND MATERIALS
Until the final acceptance of the contract, the Contractor shall have the charge and care
of the Work and of the materials to be used therein, including materials for which partial
payment has been received. CITY shall not be held responsible for the care or
protection of any material or parts of the Work prior to final acceptance, except as
expressly provided in the Special Conditions.
R. ACCEPTANCE OF CONTRACT
Upon completion of the Project CITY will conduct such tests as may be required to
determine to its own satisfaction that the Project is in conformance with the terms,
conditions and requirements of the Contract Documents. After final inspection, CITY
shall determine whether or not to accept the Project and will notify the Contractor in
writing within fifteen (15) days thereof. In the event of non-acceptance, CITY shall
inform the Contractor in writing of the deficiencies found.
When the Director of Public Works has made the final inspection and determines that
the contract has been completed in all respects in accordance with the plans and
specifications, the Director of Public Works may recommend that the Council formally
accept the contract. Immediately upon and after such acceptance by the Council, the
Contractor will not be required to perform any further work, except completion or
correction of such items as the Director of Public Works may direct, and the Contractor
shall be relieved of his responsibility for injury to persons or property or damage to the
Work that occurs after the formal acceptance by the Council.
The formal acceptance by the Council does not relieve the Contractor of the one (1)
year maintenance responsibility.
S. PERSONAL LIABILITY
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Neither the Council, nor any other officer or authorized employee of the City of
Saratoga, nor any officer or employee of any state, county, or local agency shall be
personally responsible for any liability arising under or by virtue of the contract.
T. INSURANCE
Within ten (10) days after award of the Contract, the Contractor shall promptly obtain, at
its own expense, all the insurance described in this section, and submit coverage
verification for review and approval by CITY. This insurance shall be in addition to any
other form of insurance or bonds required under the terms of the contract.
The Notice to Proceed with the Work will not be issued, and the Contractor shall not
commence work, until such insurance has been approved by CITY. Such insurance
shall remain in full force and effect at all times during the prosecution of the Work and
until the final completion and acceptance thereof. In addition, the Commercial General
Liability Insurance shall be maintained for a minimum of five (5) years after final
completion and acceptance of the Work. The Notice to Proceed does not relieve the
Contractor of the duty to obtain such insurance as required herein.
The Contractor shall not allow any subcontractors to commence work until all insurance
required of the subcontractor has been obtained and verified by the Contractor and
submitted to CITY. Subcontractors shall furnish original certificates and endorsements
as verification of insurance coverage. The liability insurance limits specified herein shall
apply to all subcontractors listed in Contractor’s bid. The Contractor shall designate
appropriate insurance limits for all other subcontractors.
Companies writing the insurance under this article shall be authorized to do business in
the State of California. Insurance is to be placed with insurers with a current A.M.
Best’s rating of no less than A:VII.
Contractor shall include all costs for all insurance in its bid.
Nothing contained in these insurance requirements is to be construed as limiting the
extent of the Contractor's responsibility for payment of damages resulting from its
operations under this Contract. Coverage required hereunder shall operate as Primary
Insurance.
The Contractor shall procure, pay for, and maintain throughout the duration of this
Contract the following insurance coverage:
Commercial General and Automobile Liability Insurance - This insurance shall
protect the Contractor from claims for bodily injury and property damage which
may arise because of the nature of the work or from operations under this
Contract. The coverage shall be at least as broad as Insurance Services Office
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(ISO) Commercial General Liability coverage (occurrence Form CG 0001), ISO
Form G0009 11 88 Owners and Contractors Protective Liability Coverage –
Coverage for Operations of Designated Contractor) and Insurance Services
Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto).
Claims-made policies will not be accepted.
a. Additional Insureds – The Commercial General Liability ("CGL") policy of
insurance shall be endorsed to name as additional insureds the City of
Saratoga, all of its elected and appointed officials, directors, officers,
employees, agents and servants, using ISO Form CG201185 or forms that
provide equivalent coverage, including completed operations. This policy
shall provide coverage to each of the additional insureds with respect to
the Work. Both bodily injury and property damage insurance must be on
an occurrence basis. The policy shall be endorsed to provide primary
coverage to the full limit of liability stated in the declarations. If the
additional insureds have any other insurance or self-insurance against the
loss covered by this policy, that other insurance shall be excess insurance
and not contribute with contractor’s policy.
b. Amount of Coverage - The bodily injury and property damage liability of
the CGL insurance shall provide coverage in the following limits of liability:
$2,000,000 per occurrence with an annual general aggregate limit of not
less than $4,000,000, and $4,000,000 products and completed operations
aggregate, combined single limit. The Automobile Liability insurance
policy shall provide minimum limits of $1,000,000 per accident for bodily
injury and property damage.
c. Subcontractors - The CGL insurance shall not require the Contractor to
have its subcontractors named as insureds in the Contractor's policy, but
the insurance shall protect the Contractor from contingent liability which
may arise from operations of its subcontractors.
d. Included Coverage - The CGL insurance shall also include all of the
following coverages:
Premises – Operations;
Owner's/Independent Contractors and Contractor's Protective;
Products - Completed Operations;
Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.);
Blanket Contractual Liability, including the indemnity agreement in this
contract;
Separation of Insureds / Cross-Liability Provisions;
Duty to Defend All Insureds;
Deletion of any limitation on Coverage for Bodily Injury or Property
Damage Arising Out of Subsidence or Soil or Earth Movement;
A provision that the annual general aggregate and the products and
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completed operations annual aggregate shall apply separately to the
Project;
Pollution Legal Liability Endorsement;
XCU - Explosion, Collapse, Underground Damage. (XCU may be deleted
with City’s prior written approval when not applicable to operations
performed by the Contractor or its sub-contractors.)
e. Umbrella Policy or Follow-Form Excess Liability Policy - At the option of
the Contractor, primary limits may be less than required, with an Umbrella
Policy or Follow-Form Excess Liability Policy providing the additional limits
needed. This form of insurance will be acceptable provided that the
Primary and Umbrella/Excess Policies both provide the insurance
coverages herein required, including all additional insured requirements.
The umbrella/excess insurance shall be provided on a “following form”
basis with coverage at least as broad as provided on the underlying CGL
insurance.
f. The certificate of insurance shall guaranty that the policy will not be
amended, altered, modified, or canceled without at least thirty (30) days
notice mailed by registered mail to the Administrative Services Director,
City of Saratoga; 13777 Fruitvale Ave.; Saratoga, California 95070.
g. In accordance with Insurance Code Section 11580.04, coverage shall not
extend to any indemnity coverage for the active negligence of the
additional insured in any case where any agreement to indemnify the
additional insured would be invalid under Civil Code Section 2782(b).
Workers’ Compensation Insurance – California Labor Code Sections 3700 et seq.
require every employer to be insured against liability for Workers’' Compensation or to
undertake self-insurance in accordance with the provisions of that code. The Contractor
shall comply and shall ensure that all subcontractors comply with such provisions. In
addition, the Contractor shall have and maintain Employers' Liability insurance with
limits of $1,000,000 per accident for bodily injury or disease before commencing the
performance of the Work.
Before the Notice to Proceed is issued, the Contractor shall submit written evidence that
the Contractor has obtained for the period of the Contract full Workers’' Compensation
Insurance coverage for all persons whom it employs or may employ in carrying out the
Work. This insurance shall be in accordance with the requirements of the most current
and applicable State Workers’' Compensation Insurance Laws.
Builder's Risk (Course of Construction) Insurance - The Contractor shall purchase and
maintain " Course of Construction" Builder's Risk Insurance Covering all risks of loss
less policy exclusions.
Minimum Limits of Insurance: Contractor shall maintain limits no less than:
Builder’s Risk – Installation Floater: Completed value of the project with no
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coinsurance penalty provisions.
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of
Construction coverage. Such coverage shall contain the following provision:
This insurance shall name the City of Saratoga, its elected and appointed officials,
employees, agents and servants and the Contractor as insureds, as their interests may
appear.
If the project does not involve new, or major reconstruction, at the option of the Entity,
an Installation Floater may be acceptable. For such projects, a property installation
floater shall be obtained that provides for the improvement, remodel, modification,
alteration, conversion or adjustment to existing buildings, structures, processes,
machinery and equipment. The Property Installation Floater shall provide property
damage coverage for any building, structure, machinery or equipment damaged,
impaired, broken or destroyed during the performance of the Work, including during
transit, installation and testing at the Entity’s site.
Coverage for acts of God, as defined in Public Contract Code Section 7105, in excess
of five percent of the Contract amount is subject to separate coverage and is required
only if listed as a separate bid item in the bid schedule.
Builder’s Risk Insurance policies shall contain the following provisions:
(1) CITY shall be named as loss payee.
(2) The insurer shall waive all rights of subrogation against CITY.
Builder’s Risk Insurance may have a deductible clause not to exceed the following
limits:
(1) If, pursuant to Public Contract Code Section 7105, CITY requires coverage for
any damage to the work caused by an act of God, and has set forth the amount of the
work to be covered and the insurance premium for such coverage as a separate bid
item, the deductible for such coverage shall not exceed five percent (5%) of the value of
the Work at risk at the time of the loss.
(2) All other perils: $5,000.
The Contractor shall be responsible for paying any and all deductible costs.
The policy shall provide CITY the right to occupy the premises without termination of the
policy until acceptance of the project.
U. TERMINATION
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CITY reserves the right to terminate the Contractor's control of the Work in accordance
with Section 8-1.08 ("Termination of Control") of the Caltrans Standard Specifications.
CITY reserves the right to terminate the contract in accordance with Section 8-1.11
("Termination of Contract") of the Caltrans Standard Specifications.
CITY also reserves the right to terminate the Contract for any of the following reasons:
· The Contractor is insolvent or has made a general assignment for the benefit of
creditors, or a receiver has been appointed on account of the insolvency of the
Contractor.
· The Contractor or any of its subcontractors violate any of the material provisions
of the Agreement or fail to perform the Work within the time specified in the
Contract Documents.
· The Contractor or any of its subcontractors should fail to make prompt payment
to subcontractors or to suppliers for material or for labor.
· The Contractor or a subcontractor persistently disregards laws, ordinances, or
the instructions of CITY or the Director of Public Works.
· The Contractor fails to abide by a proper stop work notice or fails to correct
rejected work or materials.
· The Contractor fails to provide and keep in full force and affect all required
insurance or fails to cause all subcontractors to so comply.
· The Contractor fails to supply a sufficient number of properly skilled workers or
proper materials, or fails to diligently prosecute the Work.
· The Contractor commits any substantial violation of the Contract that constitutes
a material breach of the Contract.
CITY may, without prejudice to any other right or remedy, give written notice to the
Contractor of its intention to terminate the contract.
If, within seven (7) days of the delivery of such notice, the Contractor does not cease
such violation or otherwise make satisfactory arrangements for a correction thereof,
which arrangements are set forth in a written agreement signed by the Contractor and
CITY, the Contractor's right to complete the Work shall cease and terminate.
If CITY terminates the Contractor's control for failure to correct the violation, it shall
immediately give written notice of termination to the Contractor.
If CITY takes over the Work, it may prosecute the same to completion by contract or by
any other method it deems advisable, for the account and at the expense of the
Contractor. The Contractor shall be liable to CITY for any excess costs, including
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management, supervision, and design support, occasioned thereby. In such event,
CITY may, without liability, take possession of and utilize in completing the Work, the
Contractor's materials and equipment to be incorporated into the Work, whether stored
at the project site or elsewhere. Whenever the Contractor's right to proceed is
terminated, the Contractor shall not be entitled to receive any further payment until the
Work is finished.
If CITY terminates the Contract for cause, CITY may retain out of any funds due or to
become due the Contractor the amount of the cost of completing the Work and any
expense incidental to reletting the contract or performing the Work. CITY may also hold
the Contractor and the Contractor's sureties responsible for such cost and expense, and
for any damages resulting from the abandonment or failure. The Contractor shall not
receive any further payment until the Work is complete.
V. ASSIGNMENT OF ANTI-TRUST CLAIMS
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 awarding body 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 under 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 the subcontract. This assignment
shall be made and become effective at the time the awarding body tenders final
payment to the contractor, without further acknowledgement by the parties.
W. CONTRACTOR'S BOOKS AND RECORDS
A. Contractor and its subcontractors shall establish and maintain records
pertaining to this contract. Contractor's and subcontractors' accounting systems shall
conform to generally accepted accounting principles and all records shall provide a
breakdown of total costs charged under this contract, including properly executed
payrolls, time records, invoices and vouchers.
B. Contractor shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks and other records or documents evidencing or relating to
charges for services or expenditures and disbursements charged to CITY for a
minimum period of three (3) years, or for any longer period required by law, from the
date of final payment to Contractor to this Agreement.
C. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any
longer period required by law, from the date of termination or completion of this
Agreement.
D. Any records, data or documents required to be maintained pursuant to this
Agreement shall be made available for inspection, copying or audit, at any time during
regular business hours, upon written request by CITY or a designated representative for
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the purpose of auditing and verifying statements, performance, invoices, or bills
submitted by Contractor pursuant to this contract and shall provide such assistance as
may be reasonably required in the course of such inspection. Copies of such
documents shall be provided to CITY for inspection at City's facility when it is practical
to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be
available at Contractor's address indicated for receipt of notices in the Agreement.
E. Where CITY has reason to believe that such records or documents may
be lost or discarded due to dissolution, disbandment or termination of Contractor's
business, CITY may, by written request, require that custody of the records be given to
CITY and that the records and documents be maintained at City's facility. Access to
such records and documents shall be granted to any party authorized by Contractor,
Contractor's representatives, or Contractor's successor-in-interest.
F. Pursuant to California Government Code Section 8546.7, the parties to
this Contract shall be subject to the examination and audit of representative of the
Auditor General of the State of California for a period of three (3) years after final
payment under the contract. The examination and audit shall be confined to those
matters connected with the performance of this contract including, but not limited to, the
cost of administering the contract.
SECTION GC-8 PROSECUTION AND PROGRESS
A. GENERAL
The prosecution and progress of the work shall conform to Section 8 of the Caltrans
Standard Specifications and the Special Conditions.
B. SUBLETTING AND ASSIGNMENT
Attention is directed to Section 8-1.01 ("Subcontracting") of the Caltrans Standard
Specifications which provides that the Contractor shall give personal attention to the
performance of the Contract and shall keep the Work under its control.
No subcontractors will be recognized as such, and all persons engaged in the work of
construction will be deemed employees of the Contractor. The Contractor will be held
responsible for all subcontractors' work, which shall be subject to the provisions of the
Contract and specifications.
When a portion of the work that has been subcontracted by the Contractor is not being
prosecuted in a manner satisfactory to CITY, the subcontractor shall be removed
immediately on the requisition of CITY and shall not again be employed on the work.
Attention is directed to Section 8-1.02 ("Assignment") of the Standard Specifications.
The performance of the Contract may not be assigned except upon written consent of
CITY.
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C. COMMENCEMENT OF WORK, PROGRESS, AND TIME FOR COMPLETION
The Contractor shall begin work within ten (10) working days after the date specified on
the Notice to Proceed and shall diligently prosecute the same to completion within the
time set forth in these Contract Documents.
D. HOURS OF WORK, HOLIDAYS, AND OVERTIME
The Contractor shall perform all work during the working hours of 7:00 a.m. to 3:30
p.m., Monday through Friday (unless otherwise noted below). If the Contractor wishes
to work during any other hours or on weekends, the Contractor must obtain written
permission from CITY. The request must be received at least two (2) working days in
advance of any work.
No work will be allowed on CITY holidays except in an emergency. A listing of CITY
holidays is available from the City Clerk's Office 13777 Fruitvale Avenue, Saratoga,
California, 95070.
If Contractor requests overtime work in which CITY will incur costs, CITY reserves the
right to bill the Contractor at time and one half to cover the costs incurred.
E. TEMPORARY SUSPENSION OF WORK
In accordance with Section 8-1.05 ("Temporary Suspension of Work") in the Caltrans
Standard Specifications, the Director of Public Works or his designee shall have the
authority to suspend the Work wholly or in part, for such a period as the Director of
Public Works may deem necessary.
F. TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall complete all or any designated portion of the work called for under
the contract in all parts and requirements within the time set forth in the Special
Conditions. The Contractor's attention is directed to Section 8-1.07 ("Liquidated
Damages") of the Caltrans Standard Specifications which shall apply here. In addition to
the foregoing liquidated damages, CONTRACTOR shall pay any fines, penalties or
other monetary sanctions levied by any authority having jurisdiction over the Project on
account of delays in completing the WORK not solely attributable to CITY, including but
not limited to violations of discharge permit limits or other discharge restrictions.
The parties to the Contract agree that in case all the work called for under the Contract
is not completed before or upon the expiration of the time limit as set forth in this
Agreement damage will be sustained by the CITY. The parties further agree that it is
and will be impracticable to determine the actual damage that the CITY will sustain in
the event of and by reason of such delay. It is therefore agreed that the Contractor will
pay to the CITY the sum stated in the Notice Inviting Bids for each and every calendar
day's delay beyond the time prescribed to complete the work. The Contractor agrees to
pay such liquidated damages as herein provided, and in case the same are not paid,
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agrees that the CITY may deduct the amount thereof from any monies due or that may
become due the Contractor under the Agreement.
It is further agreed that if the work called for under the Contract is not finished and
completed in all parts and requirements within the time specified, CITY shall have the
right to extend the time for completion. CITY is under no obligation to extend the time
for completion. If CITY decides to extend the time for completion, it shall further have
the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from
the final payment for the Work, all or any part, as it may deem proper, of the actual cost
of engineering, inspection, superintendence, and other overhead expenses which are
directly chargeable to the Contract, and which accrue during the period of such
extension, except that the cost of final surveys and preparation of final estimate shall
not be included in such charges.
The Contractor will not be assessed liquidated damages or the cost of engineering and
inspection during a delay in the completion of the Work caused by acts of God (as
defined in Public Contract Code Section 7105) or of the public enemy; fire; floods;
epidemics; quarantine restrictions; strikes; freight embargoes; unusually severe
weather; and/or delays of subcontractors due to such causes, provided that the
Contractor within fifteen (15) days from the beginning of any such delay notifies the
Director of Public Works in writing of the causes of delay. The Director of Public Works
shall ascertain the facts and the extent of delay, and the Director of Public Work's
findings thereon shall be final and conclusive.
Except for the additional compensation provided for in Section 8-1.09 ("Right of Way
Delays") of the Caltrans Standard Specifications, and except as provided in Public
Contract Code Section 7102, the Contractor shall have no claim for damage or
compensation for any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not be relieved of
liability for liquidated damages or engineering and inspection charges for any period of
delay in completion of the work in excess of that expressly provided for in Section 8-
1.07 of the Caltrans Standard Specifications.
G. LIMITS OF WORK
The "limits of work" are shown on the plans (where applicable). The Contractor shall
make its own arrangements, and pay all expenses for additional area required outside
of the limits of work unless provided in the Special Conditions.
H. UTILITY FACILITIES
The Contractor shall protect from damage any utility facilities that are to remain in place,
be installed, relocated, or otherwise rearranged.
If the Contractor while performing the Work discovers utility facilities not identified in the
Contract Documents with reasonable accuracy, the Contractor shall immediately notify
CITY and the utility owner. CITY shall arrange the removal, relocation, or protection of
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existing main or trunk line utility facilities located at the site of the Work but not identified
in the Contract.
If the Contractor is required to locate, repair damage not due to the Contractor's failure
to exercise reasonable care, and remove or relocate existing main or trunk line utility
facilities, it shall be compensated under Section 9-1.03 ("Force Account Payment") of
the Caltrans Standard Provisions, including payment for equipment on the Project
necessarily idled during such work.
Contractor will not be entitled to damages or additional payment for delays caused
solely by the failure of CITY, or the owner of the utility, to provide for removal or
relocation of existing main or trunk line utility facilities not identified in the Contract
Documents, except for equipment necessarily idled during such work.
Contractor will not be assessed liquidated damages for delay in completing the work
solely attributable to the failure of CITY, or the owner of the utility, to provide for removal
or relocation of existing main or trunk line utility facilities not indicated in the Contract
Documents.
The right is reserved by CITY and by the owners of facilities or their authorized agents
to enter the job for the purpose of making such changes as are necessary for the
rearrangement of their facilities or for making necessary connections or repairs to their
properties. The Contractor shall cooperate with forces engaged in such work and shall
conduct its operations in such a manner as to avoid any delay or hindrance to the work
being performed by such other forces.
Attention is directed to the possible existence of underground facilities not known to
CITY, or in a location different from that which is shown on the plans or in the Special
Conditions. The Contractor shall take all steps reasonably necessary to ascertain the
exact location of all underground facilities prior to doing work that may damage such
facilities or interfere with their service, including but not limited to calling USA to mark
utilities. See GC-7(L).
I. COMPENSATION
Full compensation for conforming to the requirements of this section shall be deemed
included in the prices paid for the various contract items of work, and no separate
payment will be made therefor, except that this provision does not constitute a waiver,
alteration, or limitation of the applicability of California Public Contracts Code Section
7102.
SECTION GC-9 MEASUREMENT AND PAYMENT
A. GENERAL
Attention is directed to Section 9 ("Measurement and Payment") of the Caltrans
Standard Specifications which includes procedures for determination of payments,
compensation for extra work by force account, partial payments, and final payments.
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B. SCOPE OF PAYMENT
The Contractor shall accept the compensation provided in the Contract as full payment
for furnishing all labor, materials, tools, equipment, and incidentals necessary to the
completed work and for performing all work contemplated and embraced under the
contract; for loss or damage arising from the nature of the work, from the action of the
elements, or from any unforeseen difficulties that may be encountered during the
prosecution of the work until the acceptance by CITY; for all risks of every description
connected with the prosecution of the work; for all expenses incurred in consequence of
the suspension or discontinuance of the work as provided in the contract; and for
completing the work according to the plans and specifications.
In accordance with Public Contract Code Section 9203, for any public work contract with
a total cost greater than five thousand dollars ($5,000) progress payments shall not be
made in excess of ninety-five percent (95%) of actual Work completed plus a like
percentage of the value of material delivered on the ground or stored subject to, or
under the control of, CITY, and unused.
In all contracts with subcontractors, the contractor shall comply with Public Contract
Code Section 7200 regarding the percentage of retention proceeds withheld.
Neither the payment of any estimate nor of any retained percentage shall relieve the
Contractor of any obligation to make good any defective work or material.
Contractor shall submit certified payroll reports with each payment request.
CITY shall review each payment request and tender payment in accordance with Public
Contract Code Section 20104.50.
No compensation will be made in any case for loss of anticipated profits. Contractor
shall include with each estimate for payment a "Conditional Waiver and Waiver and
Release Upon Progress Payment" form as prescribed in Civil Code Section 3262 signed
by all subcontractors, material suppliers, equipment lessors and other parties covering
labor, materials, equipment or services included in the pay estimate. Within thirty (30)
days of the date CITY makes payment to the Contractor on an estimate for payment,
the Contractor shall obtain and submit to Owner "Unconditional Waiver and Release
Upon Progress Payment" in the form prescribed in Civil Code Section 3262 from the
same subcontractors, suppliers, equipment lessors and others. These forms are
included at the end of the General Conditions Section, following subsection GC-13.
C. EXTRA AND FORCE ACCOUNT WORK
Extra work as herein before defined, when ordered and accepted, shall be paid for
under a written work order in accordance with the terms therein provided, and as
provided in Section GC-4 (F) of the General Conditions. Payment for extra work will be
made at the unit price or lump sum previously agreed upon in writing or by force
account as provided in Section 9-1.03 ("Force Account Payment") of the Caltrans
Standard Specifications.
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D. STOP NOTICES
CITY, by and through appropriate City of Saratoga office or officers, may at its option
and at any time retain out of any amounts due the Contractor, sums sufficient to cover
claims stated in stop notices filed pursuant to Civil Code Sections 3179 et seq. and to
provide for the cost of any litigation thereunder.
E. PAYMENT
Upon final approval and acceptance of the work by CITY, Contractor shall be paid all
sums of money in accordance with the terms and conditions as outlined in the
Contractor's submittal of City's Bid Form.
No such estimate or payment shall be construed to be an acceptance of any defective
work or improper materials.
F. SUBSTITUTION OF SECURITIES FOR WITHHELD AMOUNTS
Pursuant to Public Contract Code Section 22300, the Contractor may substitute
securities for any monies retained to ensure performance. At the request and expense
of the Contractor, securities equivalent to the amount retained shall be deposited with
CITY, or with a state or federally chartered bank in California as the escrow agent, and
CITY shall then pay such monies to the Contractor. Alternatively, the Contractor may
request that CITY make payment directly to the escrow holder, to be invested at the
Contractor's expense and direction.
Eligible securities shall include those listed in Government Code Section 16430, or bank
or savings and loan certificates of deposit, interest bearing demand deposit accounts,
standby letters of credit, or any other security mutually agreed to by the Contractor and
CITY. The Contractor shall be the beneficial owner of any securities substituted for
monies, and shall receive any interest on such securities.
Any escrow agreement shall be substantially similar in form to the form of escrow
agreement included in Public Contract Code Section 22300(f).
G. FINALIZING PROGRESS PAYMENT
CITY shall, after the completion of all Work required under the Contract, make a final
estimate of the amount of work done, and the value of such work, and CITY shall pay
ninety percent (90%) of the entire sum so found to be due after deducting therefrom all
previous payments and all amounts to be kept and all amounts to be retained under the
provisions of the Contract Documents.
H. FINAL PAYMENT
The 10% retained by CITY after each progress payment is made shall be due and
payable to the Contractor after the expiration of thirty-five (35) days from the date of
recordation of the Notice of Completion following acceptance of the Work by CITY. It is
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expressly understood that said final payment or a portion thereof may not be paid to the
Contractor if any stop notices are properly filed.
No certificate given or payments made under the Contract, except the final certificate or
final payment, shall be conclusive evidence of the performance of the Contract, either
wholly or in part, against any claim of CITY, and no payments shall be construed to be
acceptance of any defective work or improper materials.
Payment by CITY of the final undisputed amount due under the Contract, including
payment based upon adjustments for any work done in accordance with any alterations
of the Contract Documents, shall be contingent upon the Contractor furnishing CITY
with a release of all claims against CITY arising by virtue of the contract related to those
amounts. In the event the Contractor has any such claims, such claims in stated
amounts may be specifically excluded by the Contractor from the release, in which case
the payment by CITY may be of only undisputed amounts.
I. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this
contract, any structure furnished, installed, constructed, and/or caused to be installed or
constructed by the Contractor, or any of the work done under this contract, fails to fulfill
any of the requirements of the Contract Documents, the Contractor shall without delay
and without any cost to CITY, repair, replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the Work. Should the Contractor fail to act promptly or in
accordance with this requirement, or should the situation require that repairs or
replacements be made before the Contractor can be notified, CITY may, at its option,
make the necessary repairs or replacements or perform the necessary work and the
Contractor shall pay to CITY the actual cost of such repairs plus 25%.
J. FISCAL AGENT PAYMENT
With certain exceptions, all monies for the progress payments and final payment under
the contract will be sent to the Contractor. CITY will send, by first-class mail, warrants
payable to the Contractor to the mailing address specified on the separate payment
request certified and approved by CITY.
K. CLAIMS PROCEDURES
Attention is directed to the provisions in Section 9 ("Measurement and Payment") of the
Caltrans Standard Specifications regarding notice of claims or potential claims, which
shall apply to any and all claims, including requests for additional compensation and/or
an adjustment in the time for performing the Work. Claims shall be resolved by
arbitration as described in Section 9-1.10 of the Caltrans Standard Specifications.
SECTION GC-10 DUST CONTROL
The Contractor shall provide suitable means for dust control by applying either water or
dust palliative for operations within the limits of the Work. Dust control work shall be
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performed in such manner to prevent dust at all times, including during non-working
hours. Full compensation for providing dust control shall be deemed included in the
prices paid for the various contract items of work, and no separate payment will be
made therefor.
If dust control is not performed in a manner satisfactory to the Director of Public Works,
then either (i) work shall be suspended until the dust control measures are sufficient or
(ii) dust control may be performed by CITY, or its designee, and CITY will deduct all
costs it incurs performing dust control plus twenty-five percent (25%) from amounts due
or that become due to Contractor.
SECTION GC-11 RESERVED
SECTION GC-12 DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify
CITY in writing of any:
a) Material that the Contractor believes may be hazardous waste, as defined
in California 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
provisions of existing law;
b) Subsurface or latent physical conditions at the site differing materially from
those indicated in the Contract Documents; or
c) Unknown physical conditions at the site of any unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract Documents.
CITY shall promptly investigate the conditions. If it finds that such conditions do
materially differ from conditions indicated in the Contract Documents or ordinarily
encountered in work of this character, or do involve hazardous waste, and cause an
increase or decrease in the Contractor's costs or the time needed to perform any part of
the Work, CITY shall issue a change order under the provisions described in the
Contract Documents. No claim of the Contractor under this clause shall be allowed
unless the Contractor has given the notice required in the Contract Documents. In the
event a dispute arises between CITY and the Contractor as to whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in the
Contractor's costs or the time needed to perform any part of the Work, Contractor shall
not be excused from completing the Work as provided in the Contract Documents. The
Contractor shall proceed with all work to be performed under the Contract Documents.
The Contractor shall retain any and all rights provided either by the Contract Documents
or by law that pertain to the resolution of disputes and protests.
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SECTION GC-13 ARCHAEOLOGICAL EXAMINATION
If archaeological materials are uncovered during grading, trenching or other excavation,
earthwork within 100 feet of these materials shall be stopped until a professional
archaeologist certified by the Society of California Archaeology (SCA) and/or by the
Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the
significance of the find and to suggest appropriate mitigation measures as necessary.
In the event the work of archaeological examination and related work delays the
Contractor's work, he shall be entitled to an extension of time to complete the work
equal to the number of working days the Work is thus delayed. However, the
Contractor shall have no claim for compensation as a consequence of delay of the Work
for the period of time required by CITY for such archaeological examination and related
work.
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WAIVER FORMS
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CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
Upon receipt by the undersigned of a check from
(Maker of Check) in the sum of $ (Amount of Check) payable to
(Payee or Payees of Check) and when the check has been properly
endorsed and has been paid by the bank upon which it is drawn, this document shall
become effective to release any mechanic's lien, stop notice, or bond right the
undersigned has on the job of CITY located at (Job Description) to
the following extent. This release covers a progress payment for labor, services,
equipment or material furnished to (Your Customer) through
(Date) only and does not cover any retentions retained before or after the
release date; extras furnished before the release date for which payment has not been
received; extras or items furnished after the release date. Rights based upon work
performed or items furnished under a written change order that has been fully executed
by the parties prior to the release date are covered by this release unless specifically
reserved by the claimant in this release. This release of any mechanic's lien, stop
notice, or bond right shall not otherwise affect the contract rights, including rights
between parties to the contract based upon a rescission, abandonment, or breach of the
contract, or the right of the undersigned to recover compensation for furnished labor,
services, equipment, or material covered by this release if that furnished labor, services,
equipment, or material was not compensated by the progress payment. Before any
recipient of this document relies on it, said party should verify evidence of payment to
the undersigned.
DATED: , 20__
By
Its
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CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
Upon receipt by the undersigned of a check from in the
sum of $ payable to and
when the check has been properly endorsed and has been paid by the bank upon which
it is drawn, this document shall become effective to release any mechanic's lien, stop
notice, or bond right the undersigned has on the job of the City of Saratoga located at
(Job Description). This release covers the
final payment to the undersigned for all labor, services, equipment or material furnished
on the job, except for disputed claims for additional work in the amount of $
. Before any recipient of this document relies on it, the party should verify
evidence of payment to the undersigned.
DATED: , 20
By
Its
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UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
The undersigned has been paid and has received a progress payment in the sum of
$ for labor, services, equipment or material furnished to
(Your Customer) on the job of City of
Saratoga located at (Job Description) and does hereby
release any mechanic's lien, stop notice, or bond right that the undersigned has on the
above referenced job to the following extent. This release covers a progress payment
for labor, services, equipment, or materials furnished to
(Your Customer) through (Date) only and does not
cover any retentions retained before or after the release date; extras furnished before
the release date for which payment has not been received; extras or items furnished
after the release date. Rights based upon work performed or items furnished under a
written change order that has been fully executed by the parties prior to the release date
are covered by this release unless specifically reserved by the claimant in this release.
This release of any mechanic's lien, stop notice, or bond right shall not otherwise affect
the contract rights, including rights between parties to the contract based upon a
rescission, abandonment, or breach of the contract, or the right of the undersigned to
recover compensation for furnished labor, services, equipment, or material covered by
this release if that furnished labor, services, equipment, or material was not
compensated by the progress payment.
DATED: , 20
By
Its
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES
THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT
IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN
PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM.
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UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
The undersigned has been paid in full for all labor, services, equipment or material
furnished to: (Your Customer) on the job of the City of
Saratoga located at (Job Description) and does hereby
waive and release any right to a mechanic's lien, stop notice, or any right against a labor
and material bond on the job, except for disputed claims for extra work in the amount of
$ .
DATED: , 20 .
By
Its
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES
THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT
IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN
PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM
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SPECIAL CONDITIONS
1. SPECIAL QUALIFICATIONS
Contractor is advised that in addition to the standard qualifications, the following
additional specialty qualifications apply to this Contract: None.
2. SPECIALTY WARRANTIES
In addition to the standard Warranties for overall workmanship and landscaping work
identified in Section 6 of the Contract for Construction, the following are required:
Provide copies of all equipment manufacturer warranties for all equipment used in
project, boilers, fans, controls, valves, thermometers, pressure gauges, piping, thermal
insulation, electrical motors, roofing materials and smoke detectors. The time length of
the warranties on the materials is from the Manufacturers with Labor covered for one
year by the Contractor.
3. AWARD
The award of the contract, if it is to be awarded, will be to the lowest responsive
responsible bidder whose proposal complies with all the requirements of the bid
documents. The low bid will be determined based upon: Base bid only.
4. ORDER of WORK
The Contractor shall provide for the orderly progression of work.
Since the building is occupied, Contractor shall order work to avoid disruption to Library
operations.
5. LIMITS of WORK
Contractor is advised that the City will provide off-site areas for Contractor activities as
follows: Equipment storage at City's corporation yard, 19700 Allendale Avenue. On site
storage will be limited to no more than 5 parking places in the Library parking lot.
6. TESTING
Contractor is advised that the following special testing requirements apply:
None in addition to building permit requirements.
7. SOUND CONTROL
Contractor shall implement the following sound control measures:
None in addition Saratoga Code stipulations.
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8. Permits and Licenses
Contractor shall obtain the following permits and licenses before commencing work:
Electrical Permits: No Fee.
Mechanical Permits: No Fee
Business License: $75
Contractor shall comply with all permit conditions in performing the Work.
9. PUBLIC CONVENIENCE & SAFETY
Contractor is responsible for protecting all existing facilities and property in and around
the Library from damage resulting from the Work, as well as protecting all workers,
Library staff and the public from injury related to the Work.
10. HOURS of WORK
The Saratoga Library is open seven days a week:
Mon. and Tuesday 1:00 PM to 9:00 PM
Wed. and Thursday 10:00 A.M. to 9:00 p.m.
Friday and Saturday 10:00 A.M. to 6:00 P.M.
Sunday 1:00 P.M. to 5:00 P.M.
Contractor may perform work inside the Library building only when the Library is NOT
open to the public. Contractor must give at least 5 working day's notice to the City
before performing any work inside the Library building.
11. MITIGATION MEASURES
None.
12. MILESTONES and SCHEDULES
A. Construction Progress Schedule
The Contractor shall prepare and submit the Contractor's Initial Construction Schedule
within ten (10) calendar days after the issuance of the Notice to Proceed. The Initial
Construction Schedule shall be in a form acceptable to the Engineer, and shall be
produced using Microsoft Project or other software acceptable to CITY. Contractor shall
provide the Initial Schedule in electronic format acceptable to City.
Activity durations shall be the total number of actual days required to perform the work
including consideration of weather impacts. Area codes shall distinguish construction
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activities related to individual buildings or areas within buildings (i.e. locker rooms) and
site work.
Contractor staff preparing schedules shall be qualified and experienced in the
scheduling method specified and capable of fulfilling the scheduling requirements of this
section for the duration of the contract.
The Engineer will meet with the Contractor to review and comment on the Contractor's
Initial Schedule within five (5) days of its receipt. The Contractor will finalize and re-
submit the schedule within five (5) days of the review meeting. Upon favorable review
by the Director of Public Works, the Initial Schedule will become the project Baseline
Contract Schedule. The Baseline Schedule shall not be revised without written
approval of the City. CITY shall have the right to withhold progress payments from the
Contractor at its discretion if the Contractor fails to finalize and obtain approval for the
Baseline Contract Schedule within the prescribed period.
Failure of the Contractor to incorporate all elements of work required for the
performance of the contract or any inaccuracy in the Baseline Contract Schedule shall
not excuse the Contractor from performing all work required for a completed project
within the specified contract time period, notwithstanding CITY's Representatives
favorable review of the Baseline Contract Schedule.
B. Short Interval Schedule
Short Interval Schedules (SIS) shall be submitted to the Engineer at every weekly site
meeting. The Interval shall be three weeks and shall include the past week, the week
submitted and the week thereafter. The SIS may be prepared by hand. The SIS shall
be based on the Contract Schedule and shall be in bar chart form. The SIS shall be in
sufficient detail to evaluate the Contractor's performance in the preceding week and
planned progress in upcoming weeks vis a vis the Contract Schedule and Updates
thereof.
C. Float Time
Float or slack time is defined as the amount of time between the earliest start date and
the latest start date or the earliest finish date and the latest finish date of a scheduled
activity. Float or slack time is not for the exclusive use or benefit of either the
Contractor or CITY. The Contractor acknowledges and agrees that actual delays
affecting path of activities containing float will not have any effect upon the Contract
completion date, provided that the actual delay does not exceed the float time
associated with those activities.
D. Construction Schedule Revisions
If during the process of schedule updating it becomes apparent that the Construction
Schedule no longer represents the actual prosecution and progress of the work, City
may require the Contractor to submit a revised schedule at no additional cost to CITY.
CITY shall have the right to withhold progress payments from the Contractor at its
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discretion, if the Contractor fails to submit a timely, detailed and workable schedule.
Updating the construction schedule to reflect actual progress shall not be considered to
be a revision of the Schedule.
If actual progress of the Work falls five (5) days behind the most recent schedule update
favorably reviewed by Engineer, Contractor shall prepare and submit a recovery
schedule within five (5) working days of a written request to explain and display how
Contractor intends to reschedule activities (including increasing working hours, shifts,
days, or equipment) to regain compliance with the Construction Schedule.
E. Early Completion of Project
In the event the Contractor wishes to complete work earlier than the specified contract
completion date, and CITY and Director of Public Works approve such earlier
completion, the following conditions apply:
Approval by CITY of Contractor's proposed earlier completion date shall not change the
contract completion date. Contractor shall not, under any circumstances, receive
additional compensation from CITY for indirect, general, administrative or other forms of
overhead costs, for the period between the time of earlier completion proposed by the
Contractor and the official contract completion date.
F. Time Extension Requests
The monthly Updated construction schedules submitted by the Contractor shall not
show a completion date later than the Contract Time, subject to any time extensions
granted by CITY.
If the Contractor believes that it is entitled to an extension of the Contract Time due to a
Change Order, delay/disruption or other event beyond its control, the Contractor, within
five (5) working days of the qualifying event(s), shall submit:
1. A Time Extension Request notification letter with a detailed narrative
justifying the time extension requested;
2. Analysis of the delay impact, identifying all schedule activities that are
affected by the subject occurrence;
3. A tabular report of the qualifying schedule the analysis is based on; and
4. A schedule analysis entitled "Time Extension Request Schedule" that
incorporates the findings of the analysis of delay impact into the latest
update of the project schedule.
Time extension request schedules shall be time scaled, utilizing a computer generated
network analysis unless otherwise approved by the Director of Public Works. The time
extension request shall forecast the adjusted project completion date and impact to any
intermediate milestones.
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Contract time extensions shall be granted only to the extent the equitable time
adjustments to the activity or activities affected by a change order or delay/disruption
exceed the total float of a critical activity (or path) and extend the Contract Completion
Date.
When Contractor does not submit a Time Extension Request within ten (10) working
days, it is mutually agreed that the particular Change Order (including Proposed
Change Order) or delay/disruption does not affect the construction schedule and hence
no time extension is due to the Contractor.
CITY shall have no obligation to consider any time extension request if the Contractor
does not comply with the requirements of the Contract Documents. CITY shall not be
responsible or liable to the Contractor for any constructive acceleration due to failure of
CITY to grant time extensions under the terms of this contract, should Contractor fail to
comply with the time extension submission and justification requirements stated herein.
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STATEMENT OF EXPERIENCE AND QUALIFICATIONS
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CONTRACTOR'S EXPERIENCE AND QUALIFICATIONS
The following statements as to the experience and qualifications of the bidder are to be
submitted with the Contract Bid, as a part thereof. The bidder warrants that the
information provided is true and accurate.
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 the Bid
extends over a period of _____ years.
The bidder, as a contractor, has successfully completed at least two (2) projects of like
magnitude, comparable difficulty and rates of progress to the work, including: (list two or
more projects).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
The bidder, as a contractor, has never failed to satisfactorily complete a contract
awarded to the Contractor, except as follows: (name any and all exceptions and
reasons therefor).
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
The bidder has satisfactorily completed the following contracts in the last three (3)
years, for the owner indicated, and to whom reference is made (list five contracts).
(Provide a contact person and telephone number for each project.)
CONTRACT YEAR TYPE OF WORK AMOUNT CONTACT
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The names of all persons interested in the foregoing bids as principals are as follows:
(NOTE: If Bidder or other interested person is a corporation, state the legal name of the
corporation, along with the names of the president, secretary, treasurer, and manager
thereof; if a general partnership, state true name of the firm, also the names of all
individual partners composing the firm; if a limited partnership, the names of all general
partners and limited partners; and if Bidder or other interested person is an individual,
state first and last names in full.)
Contractor's License Number:
License Renewal Date:
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BID FORM
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CONTRACT BID
TO
CITY OF SARATOGA
FOR
SARATOGA LIBRARY HVAC RENOVATION
Name of Bidder
of Business Address
Telephone (___) _______ and (___) _______ Facsimile (___) _______
TO THE CITY COUNCIL OF THE CITY OF SARATOGA:
Pursuant to and in compliance with your Notice Inviting Bids for
SARATOGA LIBRARY HVAC RENOVATION
and the other Contract Documents relating thereto, the undersigned Bidder, being fully
familiar with the terms of the Contract Documents, the current general prevailing wage
rates, local conditions affecting the performance of the Project, the character, quality,
quantities and scope of the work, and the cost of the work at the place of performance,
hereby proposes and agrees, within the time stipulated in the Contract Documents, to
furnish to the City of Saratoga all of the transportation, materials, equipment, tools,
excavation, sheeting, shoring, bracing, supports, plant and other facilities, labor,
services, permits, utilities, and other items necessary to conduct and complete said
work, all in strict conformity with the Contract Documents, including Addenda Nos. ___,
____, and ____ on file in ______________, for the total price of
_____________________________dollars ($____________________).
Bidder acknowledges receipt of the following addendum or addenda during the bidding
period and represents that the information contained in the addendum or addenda has
been considered in the preparation of this bid proposal: Addendum
__________________________.
NOTE: failure to acknowledge receipt of all addenda may be considered an irregularity
in the bid proposal.
Bidder declares that the only persons or parties interested in this bid are those named
herein, and that this bid is made without collusion with any person, firm or corporation.
Bidder proposes and agrees, if the bid is accepted, that Bidder will execute a contract
with CITY, in strict conformity to the Contract Documents, in the form set forth in the
Contract Documents, and will perform the entire work for the prices set forth in the
attached Bid Schedule, upon which the award of contract is made.
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BID SCHEDULE
Saratoga Library HVAC Renovation
Ite
m
No.
Approx.
Qty Unit Description
Unit
Price Total
Ceiling Fans
1 26 Each Ceiling Fans with Controls
Smoke Detectors
4 5 Each Relocate Existing Smoke Detectors, WIFI
5 7 Each Replace Duct Mounted Detector
Boilers
6 2 Each
Remove and Replace Existing Boilers, including all related
pumps, piping, plumbing, controls and related work
TOTAL BID
227
W~ ~///~ V//h-'i'//h W/~
W~ ~///~ V//h 'i'//h V//h-
'i'/~ W///~ ~/~ ~/~ ~//h
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BONDS
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BID BOND
KNOWN ALL PERSONS BY THESE PRESENTS that, _
hereinafter called the PRINCIPAL, and
, a corporation duly organized under the laws of the State of having its principal
place of business at _______________________ in the State of and authorized to do
business in the State of California, hereinafter call the SURETY, are held and firmly
bound unto the City of Saratoga, hereinafter called the OBLIGEE, on order, in the sum
of ________________________________Dollars ($________________) (being at
least ten percent (10%) of the total amount of PRINCIPAL 's bid) lawful money of the
United States, for the payment of which we bind ourselves, our heirs, executors,
administrators, successors, and assigns, jointly and severally, firmly by these present.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
WHEREAS, the PRINCIPAL has submitted its Bid for the project entitled
SARATOGA LIBRARY HVAC RENOVATION to the OBLIGEE, said Bid, by reference
thereto; being hereby made a part hereof.
NOW, THEREFORE, if said Bid is rejected or, in the alternative, if said Bid is accepted
and the PRINCIPAL signs and delivers a Contract and furnishes a Performance Bond
and Payment Bond, in the form and within the time required by the Bid and the Contract
Documents, then this obligation shall become null and void, otherwise the same shall
remain in full force and effect and upon default of the PRINCIPAL shall be forfeited to
the OBLIGEE, it being expressly understood and agreed that the liability of the SURETY
for any and all default of the PRINCIPAL shall be the amount of this obligation as herein
stated, as liquidated damages. Such forfeiture and liquidated damages under this bond
shall be without prejudice to the OBLIGEE'S right to pursue any excess actual damages
from the PRINCIPAL for breach of contract or otherwise.
The SURETY, for value received, hereby agrees that the obligations of said SURETY
and its bond shall not be impaired or affected by any extension of the time within which
the OBLIGEE may accept such Bid, and the SURETY hereby waives notice of any such
extension.
In the event suit is brought upon this bond by the OBLIGEE and judgment is recovered,
the SURETY shall pay, in addition to the sum set forth above, all costs incurred by the
OBLIGEE in such suit, including reasonable attorney's fees and expert witness fees, to
be fixed by the court.
Signed this day of , 2002
PRINCIPAL
BY
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SURETY
BY
Note: Signature of person executing for SURETY must be notarized and evidence of
corporate authority attached.
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FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as "Owner")
and ________________________, (hereinafter referred to as "Contractor"), have
entered into a written contract for furnishing of all labor, materials, equipment,
transportation and services for the construction of the SARATOGA LIBRARY HVAC
RENOVATION (hereinafter referred to as the "Construction Contract"); and
WHEREAS, Contractor is required by the terms of the Construction Contract to
furnish a bond for the faithful performance of all terms and conditions of the
Construction Contract;
NOW, THEREFORE, Contractor, as principal, and
__________________________ (hereinafter referred to as "Surety"), as surety, are
held and firmly bound unto Owner in the penal sum of
______________________________________ Dollars ($ ___________), lawful money
of the United States, for the payment of which sum well and truly to be made as
provided in this Performance Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner for the performance of the
Construction Contract, which is incorporated herein by reference.
2. If Contractor timely performs each and every obligation under the Construction
Contract, Surety and Contractor shall have no obligation under this Bond, except to
participate in conferences as provided in Subparagraph 3.1.
3. Surety's obligation under this Performance Bond shall arise after:
3.1 Owner has declared a Contractor Default and has notified Contractor and Surety
at its address described in Paragraph 10 below that Owner has declared a Contractor
Default and has requested and attempted to arrange a conference with Contractor and
Surety to be held not later than seven days after receipt of such notice to discuss
methods of performing the Construction Contract; and
3.2 Owner has agreed to pay the Balance of the Agreement Price, as calculated
under the terms of the Construction Contract, to Surety in accordance with the terms of
the Construction Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the Construction Contract with Owner.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly
and at Surety's expense take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the
Construction Contract; or
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4.2 Undertake to perform and complete the Construction Contract itself, through its
agents or through independent contractors; or
4.3 Obtain bids or negotiated bids from qualified contractors acceptable to Owner for
a contract for performance and completion of the Construction Contract, arrange for a
contract to be prepared for execution by Owner and the contractor selected with
Owner's concurrence, to be secured with performance and payment bonds executed by
a qualified surety equivalent to the bonds issued on the Construction Contract, and pay
to Owner the amount of damages as described in Paragraph 6 in excess of the Balance
of the Agreement Price, as calculated under the terms of the Construction Contract,
incurred by Owner resulting from Contractor's Default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new
Contractor and with reasonable promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to
Owner and, as soon as practicable after the amount is determined, tender
payment thereof to Owner; or
2. Deny liability in whole or in part and notify Owner citing specific reasons
therefor.
5. If Surety does not proceed as provided in Paragraph 4 within twenty days from
receipt of the notice described in paragraph 3.1 (whether or not a conference has been
held pursuant to paragraph 3.1), or such longer period upon which Owner and Surety
may agree in writing, Surety shall be deemed to be in default on this Bond. If the Surety
proceeds as provided in Subparagraph 4.4, and Owner refuses the payment tendered
or the Surety has denied liability, in whole or in part, without further notice Owner shall
be entitled to enforce any remedy available to Owner.
6. After Owner has declared a Contractor Default, and if Surety elects to act under
Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall
not be greater than those of Contractor under the Construction Contract, and the
responsibilities of Owner to Surety shall not be greater than those of the Owner under
the Construction Contract. To the limit of the amount of this Performance Bond, but
subject to commitment by Owner of the Balance of the Agreement Price to mitigation of
costs and damages on the Construction Contract, Surety is obligated without duplication
for:
6.1 The responsibilities of Contractor for correction of defective work, materials and
equipment and completion of the Construction Contract;
6.2 Additional legal, design professional, construction management and delay costs
resulting from the Contractor's Default, and resulting from the actions or failure to act of
the Surety under Paragraph 4; and
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6.3 Liquidated damages, or if no liquidated damages are specified in the
Construction Contract, actual damages caused by delayed performance or non-
performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor that are
unrelated to the Construction Contract, and the Balance of the Agreement Price shall
not be reduced or set off on account of any such unrelated obligations. No right of
action shall accrue on this Bond to any person or entity other than Owner or its heirs,
executors, administrators or successors.
8. Surety hereby waives notice of any change, including changes of time, to the
Construction Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court
of competent jurisdiction. The prevailing party in any such action shall be entitled to
recover its attorneys' fees, to be taxed as an item of costs.
10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the
address, or sent via facsimile to the facsimile number, shown on the signature page.
11. DEFINITIONS
11.1 Balance of the Agreement Price: The total amount payable by Owner to
Contractor under the Construction Contract after all proper adjustments have been
made, including allowance to Contractor of any amounts received or to be received by
Owner in settlement of insurance or other claims for damages to which Contractor is
entitled, reduced by all valid and proper payments made to or on behalf of Contractor
under the Construction Contract.
11.2 Construction Contract: The agreement between the Owner and the Contractor
identified on the first page of this bond, including all Contract Documents and changes
thereto.
11.3 Contractor Default: Failure of the Contractor, which has neither been remedied
nor waived, to perform or otherwise to comply with the terms of the Construction
Contract.
CONTRACTOR, as Principal SURETY
By: By:
Its: Its:
Address: Address:
FAX: FAX:
Note: Signatures of those executing for Surety must be properly acknowledged. The
bond must be accompanied by a power of attorney from the Surety authorizing its agent
to bind it to this bond.
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LABOR AND MATERIALS PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as "Owner")
and ________________________________________ (hereinafter referred to as
"Contractor"), have entered into a written contract for furnishing of all labor, materials,
equipment, transportation and services for the construction of the SARATOGA
LIBRARY HVAC RENOVATION (hereinafter referred to as the "Construction
Contract"); and
WHEREAS, Contractor is required by the terms of the Construction Contract to
furnish a bond to secure payment for all work, labor, materials, equipment or services
furnished in connection with the Construction Contract;
NOW, THEREFORE, Contractor, as principal, and
(hereinafter referred to as "Surety"), as surety, are held and firmly bound unto
Claimants, as defined herein, in the penal sum of
Dollars ($ ), lawful money of the United States, for the payment of
which sum well and truly to be made as provided in this Payment Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner to pay for work, labor,
materials, equipment, services, or other items furnished for use and actually used in the
performance of the Construction Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies and holds Owner harmless from claims, demands, liens or
suits by any person or entity whose claim, demand, lien or suit is for the payment for
work, labor, materials, equipment, services or other items furnished for use in the
performance of the Construction Contract, provided Owner has promptly notified
Contractor and Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands, liens or suits to
Contractor and Surety.
3. With respect to Claimants, this obligation shall be null and void if Contractor
promptly makes payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor have
given notice to Surety (at the address described below) and sent a copy, or notice
thereof, to Owner, stating that a claim is being made under this Payment Bond and, with
substantial accuracy, the amount of the claim.
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4.2 Claimants who do not have a direct contract with the Contractor:
1. Have furnished written notice to Contractor and sent a copy, or notice
thereof, to Owner, as required by and conforming with Civil Code Sections
3252 and 3091; and
2. Not having been paid within thirty (30) days of sending the required notice,
have sent a written notice to Surety (at the address described below) and
sent a copy to the Owner, stating that a claim is being made under this
Payment Bond and enclosing a copy of the previous written notice
furnished to Contractor.
5. When the Claimant has satisfied the conditions of Paragraph 4, Surety shall
promptly and at Surety's expense take the following actions:
5.1 Send an answer to the Claimant, with a copy to Owner, within 20 days after
receipt of the claim, stating the amounts that are undisputed and the basis for
challenging any amounts that are disputed.
5.2 Pay or arrange for payment of any undisputed amounts.
6. Surety's total obligation shall not exceed the amount of this Payment Bond, and
the amount of this Payment Bond shall be credited for any payments made in good faith
by Surety.
7. Amounts owed by Owner to Contractor under the Construction Contract shall be
used for the performance of the Construction Contract and to satisfy claims, if any,
under the Performance Bond. By Contractor furnishing and Owner accepting this
Payment Bond, they agree that all funds earned by Contractor in the performance of the
Construction Contract are dedicated to satisfy obligations of Contractor and Surety
under this Bond, subject to the Owner's priority to use the funds for the completion of
the work or the satisfaction of Owner's claims, including liquidated damages, under the
Construction Contract.
8. Surety shall not be liable to Owner, Claimants or others for obligations of the
Contractor that are unrelated to the Construction Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimants under this Payment Bond, and shall
have under this Payment Bond no obligation to make payments to, give notices on
behalf of, or otherwise have any obligation to Claimants under this Payment Bond.
9. Surety hereby waives notice of any change, including changes of time, to the
Construction Contract or to related subcontracts, purchase orders and other obligations.
10. No suit or action shall be commenced by a Claimant under this Bond other than
in a court of competent jurisdiction. The prevailing party in any such action shall be
entitled to recover its attorneys' fees, to be taxed as costs.
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11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address
shown on the signature page.
12. This Payment Bond has been furnished to comply with Civil Code Sections 3247
through 3252. Any provision in this Payment Bond conflicting with those statutory
requirements shall be deemed deleted and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. The intent is that this
Payment Bond shall be construed as a statutory bond and not as a common law bond.
13. Upon request by any person or entity appearing to be a potential beneficiary of
this Payment Bond, the Contractor shall promptly furnish a copy of this Payment Bond
or shall permit a copy to be made.
14. DEFINITIONS
14.1 Claimant: An individual or entity identified in California Civil Code Sections 3181
or 3248.
14.2 Construction Contract: The agreement between Owner and Contractor identified
above, including all Contract Documents and changes thereto.
CONTRACTOR, as Principal SURETY
By: By:
Its: Its:
Address: Address:
FAX: FAX:
Note: Signatures of those executing for Surety must be properly acknowledged. The
bond must be accompanied by a power of attorney from the Surety authorizing its agent
to bind it to this bond.
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CONTRACT FOR CONSTRUCTION
SARATOGA LIBRARY HVAC RENOVATION
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THIS CONTRACT FOR CONSTRUCTION is made and entered into this _____ day of
______________, 20__, by and between the City of Saratoga, a municipal corporation
(herein called CITY) and ________________________, a California corporation, a
partnership or an individual (circle one) located at
______________________________________, herein called Contractor.
RECITALS
A. WHEREAS, the City has caused to be prepared in the manner prescribed by law,
plans, specifications and other contract documents for the public work of construction
SARATOGA LIBRARY HVAC RENOVATION herein described and shown and has
approved and adopted the Contract Documents, including the specifications and plans,
and has caused to be published in the manner and for the time required by law a Notice
Inviting Bids for the work described in the Contract Documents, and
B. WHEREAS, the Contractor in response to the City's Notice has submitted to the
City a sealed bid proposal accompanied by a bid guaranty in an amount not less than
ten percent (10%) of the amount bid for the construction of all of the proposed work in
accordance with the terms of the Contract Documents, and
C. WHEREAS, the City, in the manner prescribed by law, has publicly opened,
examined and declared the bids submitted and as a result has determined and declared
the Contractor to be the lowest responsible bidder and has duly awarded to the
Contractor a contract for all of the work and for the sum or sums named in the bid
proposal and in this Contract.
Accordingly, CITY and Contractor agree as follows:
(1) CONTRACT SUM: CITY agrees to pay, and the Contractor agrees to accept, in
full payment for performance the Work in strict accordance with the Contract
Documents, the sum of _________________________________ dollars
($_____________________) to be paid in accordance with the Contract
Documents.
(2) CONTRACT TIME: Contractor shall complete the Work in its entirety within 45
calendar days from the date specified in the Notice to Proceed (the "Contract
Time"). If Contractor fails to complete the Work within the Contract Time, the
Owner will sustain damage. It is and will be impracticable to determine the actual
damage the Owner will sustain in the event of and by reason of such delay. It is
therefore agreed that the Contractor will pay to the Owner the sum of $1,000 for
each and every calendar day's delay beyond the Contract Time that the Project is
not complete. This amount is a reasonable estimate of the costs the Owner will
incur if completion of the Work is delayed. Contractor agrees to pay such
liquidated damages as herein provided, and in case the same are not paid,
agrees that the Owner may deduct the amount thereof from any monies due or
that may become due the Contractor under the Contract.
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(3) COMPLIANCE WITH LAW: CITY is a public agency. All provisions of law
applicable to public contracts are a part of this contract to the same extent as
though set forth herein and will be complied with by the Contractor.
(4) CONTRACT DOCUMENTS: The following Contract Documents relating to this
Contract for Construction are hereby made a part of and incorporated by
reference into this Contract:
The Notice Inviting Bids
Information for Bidders
Statement of Experience and Qualifications Bid Form
Contract Proposal,
Faithful Performance Bond
Labor and Materials Payment Bond
Contractor's Certificate Regarding Worker's Compensation
Certificate of Insurance and Endorsements,
Affidavit Concerning Conflicts of Interest and Noncompetitive Practices
Fair Employment Practices Certificate
General Conditions, Special Conditions and Attachments thereto,
State of California Department of Transportation Standard Specifications, 2006
State of California Department of Transportation Standard Plans and
Specifications, current year
Plans and Specifications prepared by Listengineering dated 4/15/09, and all
addenda issued by City prior to receipt of the Contract Proposals.
Any work called for in one contract document not mentioned in another is to be
performed and executed the same as if mentioned in all Contract Documents.
This Agreement (including all documents referred to above and incorporated herein)
represents the entire and integrated Agreement between CITY and Contractor for the
Project and supersedes all prior negotiations, representations, or agreements, either
written or oral. This document may be amended only by written instrument, as provided
in the General Conditions.
(5) PROHIBITED INTEREST. Contractor represents that to the best of its
knowledge no director, officer, or employee of CITY has any interest, contractual
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or non-contractual, financial or otherwise, in this transaction or in the business of
Contractor. If any such interest comes to the knowledge of Contractor at any
time, a full and complete disclosure of all such information shall be made in
writing to CITY, even if such interest would not be considered a conflict of
interest under Article IV Division 4 (commencing with Section 1090) or Division
4.5 (commencing with Section 3600) of the Government Code of the State of
California. No member, officer, or employee of CITY or of any of its member
jurisdictions during his/her tenure of office, or for one year thereafter, shall have
any interest, direct or indirect, in this Contract or the proceeds therefrom.
(6) NOTICES. Any notices to be given hereunder by either party to the other may be
effected either by personal delivery, fax or mail. Mail shall be sent registered or
certified, postage pre-paid, return receipt requested. Mailed notices shall be
addressed to the parties at the addresses set forth below, but each party may
change its address by written notice in accordance with this paragraph. Notices
delivered personally shall be effective immediately. Notices sent by mail shall be
effective one (1) day after mailing. Notices sent by facsimile shall be effective
upon transmission to the number set forth below.
CITY OF SARATOGA CONTRACTOR
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
(408) 868-1239
(7) Warranties. The Contractor hereby warrants and guarantees for one (1) year
from and after the date City accepts the Work provided for in this Agreement that
said materials and labor necessary for the SARATOGA LIBRARY HVAC
RENOVATION shall operate as provided for in the Technical Specifications and
Contract Documents. During the term of this warranty, Contractor shall provide
all materials, parts and labor, at its own expense, which are necessary to repair
and/or correct any and all defects, installation or operational failures in the
equipment from any cause. Notwithstanding the foregoing, Contractor shall not
be required to bear the expense of correction of any failure in the Work that is
caused solely by the negligence or willful misconduct of City. The warranties of
each part or component supplied are in addition to the warranties required of
Contractor in the Contract Documents.
(8) Waiver. No waiver of any breach of the terms, conditions or covenants of this
contract shall be construed to be a waiver of any succeeding breach of the same
or any other covenants, conditions or terms of this contract. The waiver by any
party of a breach of this Contract shall not constitute a continuing waiver, or a
waiver of any subsequent breach, either of the same of different provision of this
Contract.
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(9) Time of the Essence. Time is of the essence in this contract.
(10) Controlling Law. This contract and all matters relating to it shall be governed by
the laws of the State of California.
(11) Entire Agreement. It is expressly agreed between CITY and Contractor that this
contract, including the documents listed in paragraph 3 and incorporated herein,
expresses the complete agreement between the parties and supersedes all prior
oral or written negotiations, agreements and understandings between them
regarding the subject matter hereof. This Agreement may be amended only by
written agreement between the parties as provided in the Contract Documents.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO
INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF
THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT
ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED
WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE
REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000,
SACRAMENTO, CALIFORNIA 95826.
This Agreement is executed by CITY upon approval by the Council at its regular
scheduled meeting of ___________________________, and the Contractor has
caused this Agreement to be duly executed.
CITY OF SARATOGA CONTRACTOR:
By: By:
[NAME, TITLE] (Authorized Representative of
Contractor)
Dated: _________________, 20__ Printed Name:
Title:
(Attach Acknowledgment for Authorized
Representative of Contractor)
Contractors License No.:
Expiration Date:
ATTEST:
_____________________________
_____________________________ Dated: ____________________,
20__
APPROVED AS TO FORM:
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______________________________
[NAME],
City Attorney
(Contractor Signatures must be Notarized)
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REQUIRED CERTIFICATIONS
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BIDDER'S CHECKLIST
All forms must be properly signed and returned with Bid.
Statement of Experience and Qualifications
Bid Form
Bid Surety
Certificate Regarding Workers Compensation
Non Collusion Affidavit
Proposed Major Material Suppliers
Proposed Subcontractors
Affidavit Concerning Conflicts of Interest and Noncompetitive Practices
Fair Employment Practices Certificate
Contractor's Response Form
Certification Concerning Control of Employee of Contractor
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CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION
Contract with the CITY OF SARATOGA, for the construction of:
SARATOGA LIBRARY HVAC RENOVATION
Labor Code Section 3700 provides in relevant part:
"Every employer except the state shall secure the payment of compensation in one or
more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers, duly
authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self-
insure either as an individual employer or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to
his or her employees. "
I am aware of the provisions of Section 3700 of the Labor Code, which require every
employer to be insured against liability for worker's compensation or to undertake self-
insurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this contract.
Dated: , 20__
(Contractor)
By________________________________
__________________________________
(Official Title)
(SEAL)
Note: Labor Code Section 1861, provides that the above certificate must be signed and
filed by the Contractor with CITY prior to performing any work under this contract.
(Contractor Signatures must be Notarized)
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NONCOLLUSION AFFIDAVIT
State of California
County of ss.
, being first duly sworn, deposes and
says that he or she is [title] of
, the party making the foregoing bid, 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 a 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
of 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 or her
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.
Signed: Date:
Bidder's Name: ___________________
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PROPOSED MAJOR MATERIAL SUPPLIERS
The bidder is required to furnish the following information on major materials and
manufacturers. No changes will be allowed in materials or manufacturers without the
prior approval of CITY.
1. Boilers
2. Ceiling fans
3. Smoke Detectors
4. Controls
Signature of Bidder
Date
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PROPOSED SUBCONTRACTORS
Pursuant to the Subletting and Subcontracting Fair Practices Act (Public Contract Code
Sections 4100 et seq.), the following list gives the name, business address, and portion
of work (description of work to be done) for each subcontractor who will perform work or
labor or render service to the prime contractor in or about the construction of the work or
improvements, or a subcontractor licensed by the State of California who, under
subcontract to the prime contractor, specifically fabricates and installs a portion of the
work or improvement according to detailed drawings contained in the plans and
specifications, in an amount in excess of one-half of one percent of the prime
contractor's total bid or, in the case of bids or offers for the construction of streets or
highways, including bridges, in excess of one-half of one percent of the prime
contractor's total bid or ten thousand dollars ($10,000), whichever is greater. Additional
supporting data may be attached to this page. Each page shall be sequentially
numbered, headed "Proposed Subcontractors" and shall be signed.
NAME BUSINESS
ADDRESS
Portion of Work
After the award of contract, substitutions of the above-listed proposed subcontractors
may only be made with the prior approval of CITY in accordance with Public Contract
Code Section 4104.
Signature of Bidder
Date
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AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND
NONCOMPETITIVE PRACTICES
State of ) ss
County of )
A. Conflict of Interest. That the Contractor by entering into this contract with CITY
to perform or provide work, services or materials to CITY has thereby
covenanted, and by this affidavit does again covenant and assure that it has no
direct or indirect pecuniary or proprietary interest, and that it shall not acquire any
such interest, which conflicts in any manner or degree with the services required
to be performed under this contract and that it shall not employ any person or
agent having any such interest. In the event that the Contractor or its agents,
employees or representative hereafter acquires such a conflict of interest, it shall
immediately disclose such interest to CITY and take action immediately to
eliminate the conflict or to withdraw from this contract, as CITY may require.
B. Contingent Fees and Gratuities. That the Contractor, by entering into this
Contract with CITY to perform or provide services or material for CITY has
thereby covenanted, and by this affidavit does again covenant and assure:
1. That no person or selling agency except bona fide employees or
designated agents or representative of the Contractor has been employed
or retained to solicit or secure this contract with an agreement or
understanding that a commission, percentage, brokerage or contingent
fee would be paid; and
2. That no gratuities, in the form of entertainment, gifts or other, were offered
or given by the Contractor or any of its agents, employees or
representatives, to any official, member or employee of CITY or other
governmental agency with a view toward securing this contract or securing
favorable treatment with respect to the awarding or amending, or the
making of any determination with respect to the performance of this
contract.
3. That no contracts of communication or lobbying efforts were made by
Contractor, its agents or officer with any member of the Council, any board
or commission, or the staff of the City of Saratoga with regard to this
process.
Company Name
By ______________________________
Title ______________________________
Subscribed and Sworn to before me
This ______ day of _________, 20___.
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_____________________________
Notary Public in and for State of ___________________________________
residing at _____________________________________________
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FAIR EMPLOYMENT PRACTICES CERTIFICATE
In connection with the performance of work under this contract, the Contractor agrees
as follows:
1. The Contractor will not willfully discriminate against any employee or applicant for
employment because of race, color, religious creed, ancestry, national origin, age, sex,
sexual orientation, physical disability, mental disabilities, marital status, or medical
condition as defined in Government Code Section 12926. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religious creed, ancestry,
national origin, age, sex, sexual orientation, physical disability, mental disability, marital
status, or medical condition as defined in Government Code §12926. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this Fair Employment Practices
section.
2. The Contractor will send to each labor union or representative of worker with
which it has a collective bargaining agreement or other contract or understanding, a
notice, advising the said labor union or worker's representative of the Contractor's
commitments under this section; and the Contractor shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
3. The Contractor will permit access to its records of employment, employment
advertisements, application forms, and other pertinent data and records by the Fair
Employment Practices Commission, CITY or any other appropriate agency of the State
of California designated by CITY, for the purposes of investigation to ascertain
compliance with the Fair Employment Practices section of this contract.
4. A finding of willful violation of the Fair Employment Practices section of this
contract or of the Fair Employment Practices Act shall be regarded by CITY as a basis
for determining the Contractor to be not a "responsible Contractor" as to future contracts
for which such Contractor may submit bids, for revoking the Contractor's pre-
qualification rating, if any, and for refusing to establish, re-establish or renew a pre-
qualification rating for the Contractor.
CITY shall deem a finding of willful violation of the Fair Employment Practices Act
to have occurred upon receipt of written notice from the Fair Employment Practices
Commission that it has investigated and determined that the Contractor has violated the
Fair Employment Practices Act and has issued an order under Government Code
§12970 or obtained a court order under Government Code §12973.
Upon receipt of such written notice from the Fair Employment Practices
Commission, CITY shall notify the Contractor that unless it demonstrates to the
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satisfaction of CITY within a stated period that the violation has been corrected, the
Contractor's pre-qualification rating will be revoked at the expiration of such period.
5. The Contractor agrees that should CITY determine that the Contractor has not
complied with the Fair Employment Practices section of this contract, then pursuant to
Labor Code Sections 1735 and 1775, the Contractor shall, as a penalty to CITY, forfeit,
for each calendar day, or portion thereof, for each person who was denied employment
as a result of such noncompliance, the penalties provided in the labor code for violation
of prevailing wage rates. Such monies may be recovered from the Contractor. CITY
may deduct any such damages from any monies due the Contractor.
6. Nothing contained in this Fair Employment Practices section shall be construed
in any manner of fashion so as to prevent CITY from pursuing any other remedies that
may be available at law.
7. Prior to award of the contract, the Contractor shall certify to CITY that it has or
will meet the following standards for affirmative compliance, which shall be evaluated in
each case by CITY:
a. The Contractor shall provide evidence, as required by CITY, that it has
notified all supervisors, foremen and other personnel officers, in writing, of the
content of the anti-discrimination clause and their responsibilities under it.
b. The Contractor shall provide evidence, as required by CITY, that it has
notified all sources of employee referral (including unions, employment agencies,
advertisements, and the Department of Employment) of the content of the anti-
discrimination clause.
c. The Contractor shall file a basic compliance report as required by CITY.
Willfully false statements made in such reports shall be punishable as provided
by law. The compliance report shall also spell out the sources of the work force
and who has the responsibility for determining whom to hire, or whether or not to
hire.
d. Personally, or through its representatives, the Contractor shall, through
negotiations with the unions with whom it has agreements, attempt to develop an
agreement which will:
(1) Spell out responsibilities for nondiscrimination in hiring, referral, upgrading
and training.
(2) Otherwise implement an affirmative anti-discrimination program in terms of
the unions' specific areas of skill and geography, to the end that qualified minority
workers will be available and given an equal opportunity for employment.
e. The Contractor shall notify CITY of opposition to the anti-discrimination
clause by individuals, firms or organizations during the period of its pre-
qualification.
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8. The Contractor will include the provisions of the foregoing Paragraphs 1 through
7 in every first-tier subcontract so that such provisions will be binding upon each
subconsultant.
9. Statements and Payrolls. The Contractor shall maintain its records in
conformance with the requirements in the Specifications and the following special
provisions:
a. The submission by the Contractor of payrolls, or copies thereof, is not
required. However, each Contractor and subconsultant shall preserve their
weekly payroll records for a period of three (3) years from the date of completion
of this contract.
b. The payroll records shall contain the name, address and social security
number of each employee, his/her correct classification, rate of pay, daily and
weekly number of hours worked, itemized deductions made, and actual wages
paid.
c. The Contractor shall make its payroll records available at the project site
for inspection by CITY and shall permit CITY to interview employees during
working hours on the job.
The following certification is to be executed by every Contractor and enclosed and
forwarded in a sealed envelope containing the bid. The person signing the certification
shall state his/her address and official capacity.
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FAIR EMPLOYMENT PRACTICE CERTIFICATION
The undersigned, in submitting a bid for performing the following work by contract,
hereby certifies that the Contractor will meet the above standards of affirmative
compliance with the Fair Employment Practices Act.
______________________________________________
(Type) PROPOSING COMPANY
________________________________________________________
SIGNATURE
________________________________________________________
(Type) NAME OF SIGNER
________________________________________________________
(Type) TITLE
________________________________________________________
(Type) NUMBER AND STREET
________________________________________________________
(Type) CITY STATE ZIP CODE
________________________________________________________
(Type) TELEPHONE
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CONTRACTORS RESPONSE FORM
Contractors Declarations and Statement of Understanding
The undersigned (hereinafter called the "Contractor") declares that he/she has read the
Notice Inviting Bids and has authority to submit the following. The Contractor
understands that, in addition to this Response Form, the Information for Bidders and
Contractor's supporting documents constitute parts of the contract and are incorporated
herein by reference.
Contractor acknowledges that Addenda numbers _____ through _____ have been
delivered and have been taken into account as part of the Agreement, and that all
addenda issued are hereby made part of the Agreement.
Contractor hereby designates ______________________________ as the person to
contact for additional information. (Telephone No: ______________________ Fax No:
_________________________, e-mail Address:________________________)
Internal Revenue Service (IRS) Reporting Requirements
Check one: Corporation; Partnership; Sole Proprietor; Other
______________________________________________________________________
Identify: State of Incorporation: ___________________________________________
Provide one: Federal Tax Number ___________ Social Security Number __________
What is the official name registered with the IRS for this number _________________
Firm Name: ______________________________________
______________________________________
Address: ______________________________________
City, State, Zip ____________________________________
Phone Number ____________________________________
Authorized Signature _______________________________
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CITY OF SARATOGA
A CERTIFICATION CONCERNING CONTROL OF EMPLOYEES
OF CONTRACTOR
The Contractor, by entering into this Agreement with CITY to perform or provide work,
services or materials to CITY, does hereby certify and assure that in performing the
services under this Agreement, the Contractor shall act as an independent Contractor
and shall have full control of the work and Contractor's employees. Contractor and its
employees in no circumstances whatsoever shall imply or be deemed an agent(s) or
employee(s) of CITY. Contractor's employees in no circumstances shall be entitled to
part of any pension plan, insurance, bonus or any similar benefits which CITY provides
its own employees.
Any infraction of this Certification shall be cause for termination of this Agreement.
Signed
Authorized Representative of Bidder
Title
Date
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: City Manager /City Attorney CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor DIRECTOR: Dave Anderson
SUBJECT: Public Records Act Handbook
RECOMMENDED ACTION: Review and accept the City of Saratoga Public Records Act Handbook.
REPORT SUMMARY:
City staff have been receiving an increasing number of requests for City documents under the
State’s Public Records Act. To assist staff in responding and to help Council members, Commissioners,
and staff understand the City’s obligations under the Public Records Act the City Manager’s Office and the
City Attorney’s Office have prepared the attached Public Records Act Handbook.
The handbook provides a general overview of the Public Records Act an introduction to some of
the general policy questions that arise regarding the disclosure of public records and information contained
in those records. The organization of this Handbook reflects its intended use as a practical guide for
Saratoga staff, Council members, and Commissioners. Parts I and II of the Handbook provide a brief
overview of the purposes of the Act, of the definition of a public record subject to the Act, and of records
that are exempt from disclosure. Parts III and IV then provide a detailed guide to the process by which the
City responds to a Public Records Act request, locates the requested records and provides those records to
the requester. In addition, the Handbook contains six attachments:
1. A step-by-step reference for processing a Public Records Act Request;
2. A list of frequently asked questions about the Public Records Act;
3. A form for processing a Public Records Act request;
4. A form for providing an initial response to a Public Records Act request;
5. A form for providing a “streamlined” response to a Public Records Act request; and
6. A form for transmitting records in response to a Public Records Act request.
Of course the handbook is also not a substitute for the law itself and does not impose any additional
obligations or duties on the City or on City officials.
FISCAL IMPACTS: None. The handbook describes tools for complying with existing laws and does not
impose any additional requirements on the City.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City will not have a Public Records Act Handbook.
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ALTERNATIVE ACTION:
Direct staff to make revisions in the Handbook.
FOLLOW UP ACTION:
The City Manager’s office will distribute the Handbook to appropriate City personnel and the City
Attorney’s office will use the Handbook in training City staff.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
ATTACHMENTS:
City of Saratoga Public Records Act Handbook (May 2009)
258
CITY OF SARATOGA
PUBLIC RECORDS ACT
HANDBOOK
MAY 2009
Prepared by Saratoga City Attorney’s Office and City Manager’s Office
Richard S. Taylor
Jonathan Wittwer
Isaac Bowers
Curtis Boone
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TABLE OF CONTENTS
Introduction ……………………………………………………………………………………. 1
I. The Public’s Access to Records ……………………………………………. 2
II. Records Exempt from Disclosure ……………………………………………. 3
III. Responding to a Public Records Act Request ……………………………. 6
IV. Procedures For Locating and Reviewing Records ……………………………11
Attachments
Attachment 1. How to Process a Public Records Act Request (quick reference)
Attachment 2. Frequently Asked Questions about the Public Records Act
Attachment 3. Sample Public Records Act Request Form
Attachment 4. Sample Initial Response
Attachment 5. Sample “Streamlined” Response
Attachment 6. Sample Final Response
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INTRODUCTION
What is considered a public record, and what is the City’s obligation to release such
records to the public? Most records retained and used by Council, Commissioners and staff in
day-to-day City operations are public records. However, some public records may be exempt (for
example, those containing confidential or privileged information). The legal standards for
responding to records requests are found in the California Public Records Act (“PRA” or “Act”)
(Government Code section 6250 et seq.),1 which is now a part of the California constitution
This handbook provides a general overview of the Act.2 It seeks to answer some of the
general policy questions that arise regarding the disclosure of public records and information
contained in those records. However, the discussion is not exhaustive. The League of California
Cities provides an excellent and more detailed discussion in The People’s Business: A Guide to
the California Public Records Act.3 This handbook is also not a substitute for the law itself and
does not impose any additional obligations or duties on the City or on City officials.4 To ensure
that the City fully complies with the Public Records Act, City officials should consult with the
City Attorney when specific questions arise.
The organization of this Handbook reflects its intended use as a practical guide for
Saratoga staff, Council members, and Commissioners. Parts I and II of the Handbook provide a
brief overview of the purposes of the Act, of the definition of a public record subject to the Act,
and of records that are exempt from disclosure. Parts III and IV then provide a detailed guide to
the process by which the City responds to a Public Records Act request, locates the requested
records and provides those records to the requester. In addition, the Handbook contains six
attachments:
1. A step-by-step reference for processing a Public Records Act Request;
2. A list of frequently asked questions about the Public Records Act;
3. A form for processing a Public Records Act request;
1 All subsequent statutory references are to the Public Records Act unless otherwise noted.
2 As with all good municipal work, this handbook is based to a large extent on the work of others. Particularly
helpful were: The People’s Business: A Guide to the California Public Records Act, published by The League of
California Cities; the California First Amendment Coalition’s Open Government Summary by James Chadwick; The
California State University Records Access Manual, prepared by the Office of General Counsel of the California
State University; and Public Records by Vera M. Todorov.
3 Available at http://www.cacities.org/index.jsp?zone=locc&previewStory=26921.
4 This manual uses the term “City officials” to refer to City Council members, Commissioners and staff.
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4. A form for providing an initial response to a Public Records Act request;
5. A form for providing a “streamlined” response to a Public Records Act request; and
6. A form for transmitting records in response to a Public Records Act request.
This Handbook has been prepared as a tool to promote and strengthen civic engagement in
the City of Saratoga. The City conducts the people’s business, and that business runs best when
the people have access to the information necessary for them to be informed of and influence the
affairs of their City government.
I. The Public’s Access to Records
The purpose of the Public Records Act is to promote “access to information concerning the
conduct of the people’s business [which is] a fundamental and necessary right of every person in
this state.”5 In 2004, California voters amended the California Constitution to protect the public’s
right of access to government records and government meetings.6 The amendment does not go
beyond those rights already present in the Public Records Act, but gives greater emphasis to the
public’s right to access government information. The Constitution makes clear a point suggested
by earlier judicial opinions: the public’s right of access must be broadly construed, and all
exceptions narrowly construed.
Public records subject to disclosure are defined to include “any writing containing
information relating to the conduct of the public’s business prepared, owned, used, or retained by
any state or local agency regardless of physical form or characteristics.”7 The term “writing” is
further broadly defined to include:
“…any handwriting, typewriting, printing, photostating, photographing, photocopying,
transmitting by electronic mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including letters, words,
pictures, sounds, or symbols, or combinations thereof, and any record thereby created,
regardless of the manner in which the record has been stored.”8
5 Government Code § 6250.
6 Art. I, Section 3(b)(1) of the California Constitution provides as follows: “The people have the right of access to
information concerning the conduct of the people’s business, and, therefore, the meeting of public bodies and the
writings of public officials and agencies shall be open to public scrutiny.”
7 Government Code § 6252(e).
8 Government Code § 6252(g).
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The Act defines “public records” so broadly, without limitation on the physical form or
characteristics of the record, because the Act is designed to protect the public’s need to be
informed about the actions of government. The courts have explained that “secrecy is antithetical
to a democratic system of government.”9
All records maintained by the City are potentially subject to disclosure under the Act,
including both electronic and hard copy, unless they fall into a clearly authorized exception.
Nevertheless, the mere fact that a record is in the possession of a City Department does not make
it a “public record” under the law. A bona fide “public record” must relate to the public’s
business. Thus, purely personal communications addressed to City employees are not public
records so long as they have absolutely no relation to the employee’s work responsibilities or
assignments. As stated in California State University v. Superior Court, 90 Cal. App. 4th 810,
824 (2001):
“The mere custody of a writing by a public agency does not make it a public record, but
if a record is kept by an officer because it is necessary or convenient to the discharge of
his official duty, it is a public record. . . . This definition is intended to cover every
conceivable kind of record that is involved in the governmental process and will pertain
to any new form of record-keeping instrument as it is developed. Only purely personal
information unrelated to ‘the conduct of the public’s business’ could be considered
exempt from this definition, i.e., the shopping list phoned from home, the letter to a
public officer from a friend which is totally void of reference to governmental
activities.”10
Commonly requested documents that are public records subject to disclosure include: City
Council agendas; minutes of City Council meetings; staff reports; agreements; ordinances;
resolutions; grant deeds; maps from City planning documents; photographs; e-mails between
City officials, applicants, and other members of the public; invoices from contractors; and
payroll records.
II. Records Exempt from Disclosure
The Act provides that all public records are generally subject to disclosure. There are two
primary circumstances in which records are not to be disclosed: (1) The Act or other law
specifically provides that the particular type of record is expressly exempt from disclosure
9 Poway Unified School District v. Superior Court (Copley Press) 62 Cal.App.4th 1496 (1998) (internal citations omitted).
10 Braun v. City of Taft, 154 Cal.App.3d 332, 340 (1984) (emphasis added, internal citations omitted).
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(Government Code sections 6254 – 6254.26); or, (2) the record, although not expressly exempt,
should not be disclosed because on balance “the public interest served by not disclosing the
record clearly outweighs the public interest served by disclosure of the record” (Government
Code § 6255).
A. Express Exemptions
Government Code sections 6254-6254.26 list many of the statutory exemptions to the general
rule regarding disclosure of public records. For the City’s purposes, the most significant of these
exemptions are the following:
1. Litigation records related to ongoing and pending litigation.
2. Personnel, medical or similar files where disclosure would be an unwarranted
invasion of personal privacy.
3. Confidential information required of a taxpayer in connection with payment of any
tax to the City.
4. Preliminary drafts, notes, or memoranda not retained by the City in the ordinary
course of business if the public interest clearly supports non-disclosure.
5. Personal financial information required of an applicant seeking a license, certificate,
or permit.
6. The contents of real estate appraisals or engineering or feasibility estimates and
evaluations made for or by the City in connection with the acquisition of property and
construction contracts, until all of the property has been acquired or all of the
contracts have been consummated.
7. Records protected from disclosure by federal or state law other than the Public
Records Act. (For the most part the City has few of these records but if a record
contains what appears to be sensitive information the limitations referenced in
Government Code sections 6275 through 6276.48 should be reviewed in consultation
with the City Attorney.)
The application of an exemption to a particular record in a particular set of circumstances
may not be clear in some cases. If questions arise, City officials should consult the City
Attorney’s office for advice. Close cases require a review of the underlying facts and
circumstances in view of the relevant court decisions and recognition that exemptions from the
Act are to be construed narrowly. Please contact the City Attorney’s office in sufficient time so
that an adequate response may be made within the deadlines established by the Act.
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B. The General Exemption
The Public Records Act recognizes that in some cases a record may not be appropriate for
disclosure even though it is not among the types of exempt records described above. The Act
establishes a “catch-all” exemption in section 6255. In order to determine whether the “catch-all”
exemption applies to a particular record, the City must consider:
1. The public interest served by disclosure;
2. The public interest that would be served by withholding the record; and
3. Whether the public interest in not disclosing clearly outweighs the interest in
disclosure.
For example, the “catch-all” exemption was applied in City of San Jose v. Superior Court
(1999) 74 Cal.App.4th 1008. There, the court held that the public interest in the disclosure of the
names, addresses, and telephone numbers of persons who had made complaints about airport
noise was clearly outweighed by the public interest in protecting the complainants’ privacy and
in preventing a chilling effect on complaints.
It is essential to carefully consider these factors because, in contrast to most legal
proceedings, the City will bear the burden of proving the legitimacy of the decision if it is
challenged. It should also be noted that the motive of the requester is generally irrelevant when
balancing the interest of the public served by withholding an otherwise disclosable record.
Examples of records that the courts have found to fall within the “catch-all” exemption are:
1. A request for five years’ worth of information from Governor George Deukmejian’s
appointment calendars because the court found such a massive scrutiny would
interfere with the governor’s deliberative processes and deter members of the public
from conferring with him without bestowing any overriding benefit on the public.11
2. A request for obtaining auditors’ procedural manuals was properly denied because the
public interest in preventing regulated businesses from circumventing effective
compliance investigations by obtaining the manuals prior to audit outweighed any
public interest in disclosure.12
Examples of the records or reasons where the courts have rejected the “catch-all” exemption
are:
11 Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325 (1991).
12 Eskaton Monterey Hospital v. Myers, 134 Cal.App.3d 788 (1982).
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1. Records documenting a private company’s financial information were found subject
to disclosure because the public interest in monitoring that city’s contracting for
services and regulation of contractors’ fees charged to residents outweighed a city’s
interest encouraging contractors to submit financial information justifying the need
for rate increases.13
2. The public interest in confirming facts surrounding questioned personnel practices
outweighed a city’s interest in not discouraging individuals from applying for
municipal employment, where information sought (e.g., salary, dates of employment)
is not a matter of personal privacy.14
The application of these exemptions to a particular set of circumstances may not be clear,
particularly if it is one that has not been encountered previously. In such cases, City staff should
consult the City Attorney’s office.
Finally, it is important to note that even if a record contains information that is exempt from
disclosure, the City must make available “any reasonably segregable portion of a record” after
deleting (redacting, typically by whiting out) the non-disclosable information.15 Records cannot
be withheld simply because an easily segregable portion contains information that is exempt
from disclosure. The City is required to disclose public records that also contain information that
is not disclosable but can easily be redacted (e.g., purely personal information like social security
numbers, third party proprietary or trademark information, or other exempt information).
Consultation with the City Attorney is advised prior to disclosure of records involving a mixture
of disclosable and non-disclosable information.
III. Responding to a Public Records Act Request
Democratic government requires an informed public. The City of Saratoga’s business is the
people’s business, and the people have a right to access information that will allow them to be
informed on or influence the affairs of their City government. Accordingly, the City’s general
policy is that public records are to be made available for review on request whenever tenable in
light of the specific records requested and available staff time. As stated in Government Code
section 6253(a): “Public records are open to inspection at all times during the office hours of the
… local agency and every person has a right to inspect any public record….” This part of the
13 San Gabriel Tribune v. Superior Court, 143 Cal.App.3d 762, 775 (1983).
14 Braun v. City of Taft, 154 Cal. App. 3d 332 (1984).
15 Government Code § 6253(a)
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Handbook describes how to identify a request, work with members of the public making
requests, respond formally to a request, and locate and review records responsive to the request.
A. Identifying a Public Records Act Request
A public records request is any request to inspect or copy public records. The request can
come from any person or from an organization such as the news media, a business entity, or
association. It can be made orally (e.g., by phone call or request at a department counter) or
through a formal written request (e.g., by a letter addressed to a City department). All requests to
review City records should be treated seriously and responsibly. No such request, regardless of
how vague or unusual, should be dismissed out of hand. As part of Saratoga’s emphasis on
quality customer service, it is a good practice to construe less formal requests for records as a
formal request under the Public Records Act. A formal written request is not required, although
the City may provide an oral requestor with a written confirmation of the request.
At times the City may receive requests for information rather than specific records. As a
general matter, the Public Records Act does not require the City to prepare new records in
response to requests for information (for example, if the City received a request for the number
and type of code enforcement complaints filed each month and did not have a record or records
containing that information it would not be required to compile the information; instead it could
invite the requestor to review non-confidential code enforcement records in order to compile the
information). Nonetheless, if the information can be provided without undue burden on staff
resources, the City’s customer service philosophy is to provide information when it is feasible to
do so. Staff should consult with the Department Director if they receive a request for information
where there are no responsive records but it may be feasible to assemble the information
requested.
The Public Records Act is similar to a separate law governing the disclosure of records held
by the Federal government. That law is known as the Freedom of Information Act (“FOIA”).
That law does not apply to the City. If the City receives a records request based on FOIA it
should treat the request as being made under the Public Records Act and proceed as it would
with any other records request.
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B. Fielding a Public Records Act Request from a Member of the Public
The City must always facilitate, not frustrate, the production of relevant information to the
public to the extent reasonable under the circumstances. If the records requested are clear from
the request and are made available, or if the requested records are protected by one of the
specific exceptions in the law, further dialogue with the requesting party is not required.16 If,
however, a request is unclear, the person handling the request should work with the requester to
help clarify the request.
The Act requires public agencies to assist members of the public in making “a focused and
effective request that reasonably identifies an identifiable record or records.”17 This means in
some instances that staff must engage in a dialogue with a requesting party to assist in record
identification, describe the information technology and physical location, and/or provide
suggestions to overcome any practical basis for denying access to records or information. Staff
should think in practical terms of ways to help people refine requests based on how the City’s
files are organized.
For example, consider a request for all records pertaining to a particular City intersection.
Instead of saying the request is too vague, the person handling the request should work with the
requester to narrow the request. By learning if the requestor is interested in a particular time
frame or subject matter related to the intersection (e.g., when the crosswalk was last repainted,
why a signal was located at that intersection, or even a land use approval at the intersection),
City officials will be able to provide a meaningful response without an unreasonable search of all
City records.
A request form should be filled out by either the requestor or staff when a request is received
for all but the most routine requests that are immediately fulfilled (e.g., no form is needed if a
requestor asks for a copy of the agenda and a copy is immediately provided). Staff should
indicate on the request form when the records have been provided. A sample request form is
provided as Attachment 3.
The Act includes specific provisions governing electronic records. If a request seeks records
in a specific format – e.g., hard copy or electronic format – they must be produced in that format,
16 Government Code § 6253.1(d).
17 Government Code § 6253.1(a).
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so long as they were created in that format originally.18 It is not necessary to reconstruct records
that were once electronic back into that format, if they have been changed.19 It is not necessary to
produce records in electronic format if it would jeopardize the security or integrity of the original
record or any proprietary software in which it is maintained.20 It is appropriate to offer to
produce records in an electronic format, but it is not permissible to make them available only in
electronic format.21 Members of the public are entitled to copies of records in electronic form,
although the City should take care in providing records that are subject to manipulation in their
original electronic form.22 For example, City staff should consider providing records that contain
the City of Saratoga’s logo in PDF format, since that is less easily manipulated than word
processing documents.
C. Responding to a Request
The law provides for the immediate review of public records that are clearly not exempt from
disclosure. For simple requests and when staff are available to allow immediate review, persons
requesting records in person should be given the records or granted the opportunity to review the
records at the time the request is made. For example, a request for the agenda of an upcoming
City Council meeting should be immediately fulfilled by giving the agenda to the requestor or
allowing the requester to review it. For more complex requests (e.g. for review of files that could
contain records not subject to disclosure or that will require extensive searching of the City’s
files) immediate review will generally not be feasible. In these cases, the requester should be
informed that the City will send a letter when it has ascertained whether it has responsive
records.
The City must respond in writing within ten days to every request that is not immediately
fulfilled. The response must state whether records will or will not be disclosed and the reasons
for the City’s determination.23 If records are available for disclosure, the response must estimate
18 Government Code § 6253.9(a)(2).
19 Government Code § 6253.9(c).
20 Government Code § 6253.9(f).
21 Government Code § 6253.9(d), (e).
22 Government Code § 6253.9(f) provides that “[n]othing in this section shall be construed to require the public
agency to release an electronic record in the electronic form in which it is held by the agency if its release would
jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is
maintained.”
23 Government Code § 6253 (c).
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when the records will be available for inspection or when the copies of the record will be
available. It is not necessary to provide the actual records within the ten-day initial response
time.24 However, records must be made available within a reasonable amount of time based on
their volume and complexity. If responsive records exist but are not available for disclosure due
to an exemption, the written response must indicate the reasons why the records may not be
disclosed. (In addition, if the request is denied under the “catch-all” exemption, it must set forth
the names and titles or positions of each person responsible for the denial.25) The reasons for not
disclosing records should be stated clearly and should be reviewed in advance by the City
Attorney. In some cases there may be requests for which there are some records to be disclosed
and others that are not subject to disclosure; in those cases the letter to the requestor should
explain the situation consistent with the guidelines above.
The City may, when appropriate, respond to a Public Records Act request within ten days by
stating that no records exist that respond to the request and therefore none can be produced.
However, this response is permissible only if the City has first made a reasonable effort to obtain
additional clarifying information from the requester that will help identify the record(s) sought,
and, where appropriate, conducted a reasonable search.26
The ten day response deadline is an outer limit. Staff should strive to respond in a shorter
time period whenever possible. For simple requests, staff can respond in a streamlined fashion
within the ten days by stating in the response that the requested records are available for review
or, if the requester sought copies, by including the requested records. A sample streamlined
response is provided as Attachment 5.
In unusual circumstances,27 the ten-day time limit for the City’s initial response may be
extended by written notice for up to 14 more days by setting forth the reasons why an extension
is required and the date on which the response will be provided. The written response must also
contain an estimated date on which the records will be made available.28
24 Government Code § 6253 (c).
25 Government Code § 6253(d).
26 Government Code § 6253.1(b).
27 “Unusual circumstances” means the need: (1) to search for and collect records from distant locations; (2) to search
for, collect and appropriately examine a voluminous amount of records; (3) for consultation with another agency
also having substantial interest in the matter; or (4) to compile data, to write programming language or a computer
program, or to construct a computer report to extract data. Government Code § 6253(c).
28 Id.
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Once staff has identified and collected the responsive records a requester has the option of
reviewing the City’s original files, of requesting copies, or both. There is no charge for the
inspection of original files. A staff person should be present in the room to respond to additional
requests and to make sure no records are removed.
D. Charges for Copies of Public Records
Public records are generally open to inspection at all times during the City’s normal business
hours. A charge is imposed by the City’s fee schedule for the cost of copying the records.29
Records are not required to be copied until appropriate costs have been paid by the requester.
The City’s direct cost of duplicating unusual records – e.g., blueprints, computer disks, DVDs,
electronic back-up tapes – are calculated on a case-by-case basis. Note that some statutes
establish specific charges for specific types of records,30 which supersede the City’s established
charge.
The requester must bear any added cost of producing electronic records if (1) the request
calls for producing the record at a time different than the time the record would ordinarily be
produced (e.g. a copy of the check register for a period other than the one typically prepared for
the City Council); or (2) the request requires data compilation, extraction, or programming.31
These additional costs cover the cost to construct a record and the cost of programming and
computer services necessary to produce a copy of the record.32
If a request for the compilation of electronic records seems vague, complex or burdensome,
staff may wish to consult with the City Attorney on how best to comply with the request or ask
the requester for clarification. If it is unclear how to format a response or if it will create undue
programming, consult the City Attorney.
IV. Procedures for Locating and Reviewing Records
The City Clerk is the custodian of records and is generally responsible for responding to
29 Government Code § 6253(b).
30 Id. For example, costs for copying California Conflict of Interest Form 700s are set by statute at $0.10 per page.
31 Government Code § 6253.9(b).
32 Id.
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Public Record Act requests. In addition, each City Department should have a Department
Coordinator to act as a primary contact point for the City Clerk. It is the responsibility of every
City staff person to maintain their files (both paper and electronic) so they can review them and
respond to requests from the Department Coordinator or City Clerk.
The staff person who receives a request is responsible for accepting it and sending it on to the
Department Coordinator and City Clerk for response. If the Department Coordinator is not
available, every staff person should be prepared to take oral or written requests from members of
the public. As noted above, in the most routine circumstances this will mean immediately
providing the requester with a copy of the requested record. For more complex requests, it will
entail filling out a request form (the staff person can request a member of the public to fill out the
request form if they are present but cannot require it), attaching any accompanying written
request from the member of the public, and letting the member of the public know that they will
receive a letter when the City ascertains if it has any responsive records. (As described above,
City staff may also need to help a member of the public clarify a vague request.) If a request is
submitted to a staff person other than the Department Coordinator, that staffer should inform the
requestor that he or she will be working with the City Clerk or Department Coordinator in the
future. The request form and any attached written request should be sent to both the Department
Coordinator and the City Clerk.
After receiving a request, the City Clerk and the Department Coordinator should confer on
how to respond. In some cases, they may want to contact the requester in order to further refine
or clarify the request. They should think about the City’s filing system and determine what
records will need to be reviewed, keeping in mind that “records” also includes those that are only
in electronic form such as e-mail. This may be straightforward in some cases (e.g. a specific
Planning Department application file) and more complicated in others (e.g. a request regarding
City correspondence concerning a particular street). In some cases, every City Department,
Council member and Commissioner may need to review their files looking for possible
responsive records.
The City Clerk should contact the Department Coordinator for any other City Departments
that might have records responsive to the request. Each City Department should assemble any
responsive records they possess and give them to the City Clerk. The City Clerk should review
the records and decide if it is necessary to contact the City Attorney. For example, the City
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Attorney should be contacted about requests for public records that appear to be related to
pending or current litigation, personnel records or other potentially confidential or exempt
information. City Attorney review will be necessary if it appears that any of the records are
exempt from disclosure in whole or in part. Following City Attorney review, the City Clerk or
Department Coordinator will respond to the requester.
CONCLUSION
The City conducts the people’s business. That business runs best when the people have
access to the information necessary for them to be informed of and influence the affairs of their
City government. A public records request can come from any person or from an organization
such as the news media, a business entity, or association. It can be made orally or through a
formal written request. It may be vague or unusual. It may demand time and creative thinking.
Regardless, no request should be dismissed out of hand. As the California Legislature stated in
the first section of the Public Records Act, “access to information concerning the conduct of the
people’s business is a fundamental and necessary right of every person in this state.”33
//
33 Government Code § 6250.
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ATTACHMENT 1
HOW TO PROCESS A PUBLIC RECORDS REQUEST
All employees need to be prepared to receive requests for public records. This document will
outline the basic steps of receiving a request; for detailed information, please see the City of
Saratoga Public Records Act Handbook.
General Instructions and Information
Three key points to remember as you receive a request:
· Use common sense and courtesy.
· Understand that members of the public are unlikely to know exactly where to find the
documents they are interested in.
· Never ask why the records are being requested, unless doing so is necessary to clarify a
vague or unclear request.
Public records requests can come in many forms. A request may…
· Be formal or informal,
· Come from an individual, organization, business, association, or the news media,
· Seek either to review or to copy records.
What is a public record?
· Most City documents are public records.
· Generally, only documents wholly unrelated to City business are deemed “non-public.”
· Both paper and electronic files are considered public record.
What are the responsibilities of the City and its employees?
· The City must release all relevant, non-exempt records that exist at the time the request is
made.
· All City employees are expected to maintain their files in a manner that makes it possible
for them to respond to requests from their Department Coordinators in a timely fashion.
· If a requester refuses to fill out a request form, City staff should complete it themselves.
The City is not required to…
· Create new records, answer questionnaires, or summarize available information.
· Provide records that come into existence after the date of the request.
· Provide access to records that fall under one of the categorical exemptions or the general
exemption. The City Attorney’s Office should be consulted whenever exemptions are
being considered.
· Waste excessive staff time searching for records that respond to a vaguely worded
request. All requests should be clearly worded so as to assist staff in identifying
responsive records.
To respond to a request for public records, please turn to page 2.
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Step 1: Receive the Request
If you receive a request for public records, refer the requester to the Department Coordinator; if
the Department Coordinator is not available, consult the following table:
If the request is… Example Do this…
routine Council agenda
or minutes
Provide the record immediately. No
form is required.
for a document that is readily
available and clearly non-exempt,
when staff are free to assist
Municipal Code
Have the requester fill out a request
form, or complete it yourself. Provide
supervised access immediately.
vague or unclear “I want records
of contractors.”
Help the requester clarify and focus his
or her request. If necessary, you may
ask why the record is being requested.
Requests should be specific so that staff
time is not wasted digging through
records. Proceed to step 2.
more involved, or requires research Staff emails on
a specific topic. Proceed to step 2.
associated with existing or pending
litigation, or is a subpoena or court
order
Forward the request to the City
Clerk, who must consult with
the City Attorney’s Office.
for a record that does not exist
A list of all
black oak trees
in the City.
The City is not required to
create new records to respond
to a public records request.*
*Err on the side of caution. Make sure to forward a filled-out request form to the City Clerk and
your Department Coordinator, unless you are 100% certain the requested records do not exist.
Step 2: Accept and Forward the Request
Have the requester complete the request form, or complete it yourself. (See Attachment 3 for a
sample request form.) After receiving the filled-out form, or filling the form out yourself,
provide the requester with the following information:
· He or she will receive notification from the City within 10 calendar days as to the status
of his or her request;
· This notification will include information on whether any requested records are exempt,
and will provide a date and time when the records will initially be available for review;
· He or she will be working with the Department Coordinator and/or the City Clerk in the
future.
Forward the filled-out request form to both your Department Coordinator and the City
Clerk. If you are your Department Coordinator, continue to step 3. If you are not your
Department Coordinator, you will potentially need to look through your own files for responsive
documents. Be ready to respond to records-related communication from your Coordinator.
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Step 3: Prepare a Response
The City is required by law to respond to each request within 10 calendar days.
· Records do not need to be actually released within this time, but should not be
unreasonably delayed.
· Under unusual circumstances, the 10-day notification period may be extended for up to
14 days; however, the City must notify the requester of the delay, and provide a reason
for the delay and a date when a full response will be made. Consult with the City
Attorney’s Office.
· The response must list any exempt documents, and any fee for copying requested records.
In order to prepare this response, responsive records must be identified and collected.
· Department Coordinators are responsible for searching through their department’s files.
· The City Clerk will coordinate between departments and collect records from each
department.
· To facilitate public access, it is imperative that Department Coordinators provide
documents to the City Clerk in a timely manner.
Coordinators will need to strategize with the City Clerk to determine how to respond to each
request. In order to respond to a request, the City must consider:
· The nature of any requested records that are electronic;
· Whether any of the requested records are exempt; and
· Whether any fees should be assessed.
3a. Electronic Documents
Special rules apply to certain electronic documents. Consult the following table:
If the request asks for… Then…
a record in electronic rather than paper format
The City must provide the record in whatever
electronic format the City stores it in.
If the City uses a particular format for creating
copies of the record for its own use, that same
format must be used in making a copy
available to a member of the public.
a record that was once electronic, but has since
been changed
The City is not required to reconstruct the
record back into electronic format. For
example, a database of information that was
used to generate a paper report does not need
to be provided as electronic data. The existing
printed report will be a sufficient record.
a record that, when provided in electronic
format, would endanger the security or
integrity of the original record or of any
proprietary software in which it is maintained
The City is not required to provide such a
record in electronic format. The City Clerk
should consult with the City Attorney’s Office.
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3b. Exemptions
Certain records are exempt from disclosure. A particular record may be…
· Categorically exempt, due to specific provisions in the Public Records Act or another
law.
· Generally exempt, because of some public interest in nondisclosure.
The City Clerk should review the responsive documents and determine whether any of them are
exempt. Consult the following table for a basic listing of exemptions:
Categorical Exemptions The General Exemption
There are many categorical exemptions. The most
significant for the City are:
1. Litigation records related to ongoing and pending
litigation.
2. Personnel, medical or similar files where disclosure
would be an unwarranted invasion of personal privacy.
3. Confidential information required of a taxpayer in
connection with payment of any tax to the City.
4. Preliminary drafts, notes, or memoranda not
retained by the City in the ordinary course of business if
the public interest clearly supports non-disclosure.
5. Personal financial information required of an
applicant seeking a license, certificate, or permit.
6. The contents of real estate appraisals or
engineering or feasibility estimates and evaluations
made for or by the City in connection with the acquisition
of property and construction contracts, until all of the
property has been acquired or all of the contracts have
been consummated.
7. Records protected from disclosure by federal or
state law other than the Public Records Act. For the
most part the City has few of these records but if a record
contains what appears to be sensitive information, consult
with the City Attorney.
The general exemption provides a
“catch-all” exemption for certain
records that are not categorically
exempt. The general exemption…
· Is meant to protect the public
interest.
· Is not meant to hide government
incompetence or wrongdoing.
· Should be used with care. The
City will bear the burden of proof
if the exemption is challenged.
To withhold records under the
general exemption, the City must
consider…
· The public interest served by
disclosing the record.
· The public interest served by
withholding the record.
· Whether the public interest in
withholding the record outweighs
the benefits of disclosure.
For example, in 1999 the Santa Clara
County Superior Court ruled that the
City of San Jose was not required to
release the names and contact
information of people who
complained about airport noise, as
this could discourage such
complaints.
ALWAYS consult with the City Attorney’s Office before refusing a request
due to exempt status.
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3c. Fees
The City may assess a fee to cover the direct cost of duplicating records. The City Clerk is
responsible for determining fees and providing an estimate of the total cost in the response letter.
Fees will vary depending on the record, the nature and extent of the request, and the actual cost
of reproducing records.
If the request is… Then…
for printed copies of records readily available
to be printed or photocopied Refer to the City’s fee schedule.
for a DVD, CD, or other audio/visual record Refer to the City’s fee schedule.
to inspect original files There is no fee. The City cannot charge for
inspecting original files.
for an electronic record Refer to the City’s fee schedule.
for an electronic record which is only
produced at regularly scheduled intervals, or
which requires data compilation, extraction,
or programming to produce
The City may charge the costs of programming
and computer services necessary to produce a
copy of the record.
unusual (e.g., blueprints, electronic back-up
tapes) The fee is calculated on a case-by-case basis.
large or cumbersome
The City may ask the requester to mark the pages
he or she would like copied, deliver the marked
pages to a copying service, and charge the cost to
the requester.
OR
The requester may arrange to have a private
copying service perform the duplication at City
Hall at his or her expense.
Once documents have been collected from appropriate departments, exemptions and fees have
been considered, and the City Attorney consulted if necessary, the City Clerk will send the
response letter to the requester.
Step 4: Provide Copies or Access to Records
The City must provide access or copies within a reasonable period of time.
· The requester will need to be present at City Hall to inspect original records or to pay for
and receive copies.
· When a requester asks to inspect an original record, staff should be present in the room to
respond to additional requests and to ensure that no records are damaged or removed.
Once the requester has inspected the records or received copies, the request can be considered
fulfilled.
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ATTACHMENT 2
FREQUENTLY ASKED QUESTIONS
(For more information please refer to the City of Saratoga Public Records Act Handbook.)
1. Does the City have to create records that do not otherwise exist in response to a
Public Records Act request?
No. The Act requires only disclosure of records that are already in existence. However, care
should be exercised in construing a request too narrowly. As part of Saratoga’s emphasis on
quality customer service, it is a good practice to construe less formal requests for records or
information as a formal request under the Public Records Act. The Public Records Act also
requires public agencies to assist members of the public in making “a focused and effective
request that reasonably identifies an identifiable record or records.” The City must always
facilitate, not frustrate, the production of relevant information to the public to the extent
reasonable under the circumstances. In some instances, staff will have to offer to engage in a
dialogue with a requesting party to assist in record identification, describe the information
technology and physical location, and/or provide suggestions to overcome any practical basis for
denying access to records or information. For example, if records exist in electronic form but
have never been printed out in hardcopy form, the City must provide the records.
2. What if records contain a mix of disclosable and non-disclosable information?
The City must make available “any reasonably segregable portion of a record” after deleting
(redacting) the non-disclosable information.1 Records cannot be withheld simply because an
easily segregable portion contains information that is exempt from disclosure. The City is
required to disclose public records that also contain information that is not disclosable but can
easily be redacted (e.g., purely personal information like social security numbers, third party
proprietary or trademark information, or other exempt information). Consultation with the City
Attorney is advised prior to disclosure of records involving a mixture of disclosable and non-
disclosable information.
1 Government Code § 6253(a)
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3. Does a Public Records Act request have to be in writing?
No. A public agency must comply with an oral request for records, although it is probably a good
idea for purposes of clarity to either request that it be put into writing, or that a request form be
completed by staff, or that a statement be made in the written response as to what the request is
understood to be. (See the City of Saratoga Public Records Act Handbook.)
4. Are records created in confidence subject to production under the Public Records
Act?
Records protected by a recognized legal privilege (e.g. attorney/client communication) do not
lose that protection because they are in the possession of the City.
Many records created with an expectation between the parties that they will be held in
confidence, or marked “confidential,” are not protected by any recognized legal privilege,
however, and must be produced in response to a Public Records Act request. Examples include
letters from the public and contractor bids after the contract has been awarded.
5. Are agreements to settle a lawsuit or claim subject to the Public Records Act?
Yes, after the lawsuit has been dismissed. The “pending litigation” exemption does not apply
because dismissal ends the lawsuit. The terms of a settlement agreement, including the amount of
money, if any, paid to the claimant, are subject to disclosure after the lawsuit has been finally
resolved. However, drafts of the settlement agreement are not disclosable. Records subject to
attorney-client privilege are also non-disclosable.
6. Does the “pending litigation” exemption apply to all records the City legitimately
anticipates will be involved in future litigation?
No. The exemption applies only where litigation, or a formal claim, is on file. It applies only to
records specifically prepared by the City for use in litigation, which the City reasonably has an
interest in keeping to itself, and only until the litigation has been finally adjudicated or otherwise
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dismissed/resolved.2 The Act provides a separate exemption for records that are legally
privileged, such as those prepared by (or for) an attorney in anticipation of future litigation.3 But
neither the pending litigation exemption nor the legal privilege exemption protects records
simply because they might be relevant to pending or future litigation.
7. Should a request that references the federal Freedom of Information Act (FOIA), or
some other disclosure law, be treated as a request under the Public Records Act?
Yes. The City’s policy is to be responsive to all reasonable requests for information regardless of
their format. The written response should notify the requester that the other statute does not
apply but that, as a courtesy, the City is treating the request as having been made under the
California Public Records Act.
8. How extensive a search must be made to locate records in response to a Public
Records Act request?
The City has an obligation to make a reasonable search for all records in its possession. What is
reasonable under any particular set of circumstances may vary, and consultation with the City
Attorney in response to a specific request is encouraged. In addition, the City has an obligation to
assist members of the public in making public records requests. Specifically, to the extent
reasonable, the City must: (1) assist a member of the public to identify records and information
that are responsive to his/her request or to the purpose of the request, if it has been identified; (2)
describe the information technology and physical location in which the records exist; and (3)
provide suggestions for overcoming any practical basis for denying access to the records or
information sought.4
9. At what point does contract bid information submitted by a bidder become subject
to a Public Records Act request?
Contract bid information submitted by bidders becomes public after the bid is awarded.
2 Board of Trustees of the California State University v. Copley Press 132 Cal. App. 4th 889, 897-98 (2005).
3 Gov’t. Code § 6254(k).
4 Government Code § 6253.1
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10. Should the City inform individuals or organizations if a request is made for records
pertaining to them?
Yes. The Public Records Act does not impose such a requirement. However, as a matter of
policy the City prefers to inform individuals and organizations of a request pertaining to them if
it is possible to do so without undue time or expense. Consultation with the City Attorney in such
matters is encouraged.
11. Are telephone records of public officials subject to the Public Records Act?
This question provides an example of how complex questions of disclosure can be under the
Public Records Act. In a case called Rogers v. Superior Court (Los Angeles County) 19
Cal.App.4th 469 (1993), a reporter asked the City of Burbank to disclose the full phone numbers
of all phone calls made and received by City officials on phones paid for by the city. The court
analyzed this request under the “catchall” exemption of Section 6255. The requester’s public
interest was in if City official’s decisions were being unduly influenced by particular individuals
or interest groups. The City cited as contrary public interests the deliberative process privilege
and the privacy interests of the City officials and the third parties whose numbers would be
disclosed.
The court’s decision was based solely on the grounds of the deliberative process privilege. It held
that “the wholesale production of all City-reimbursed telephone records over a one-year period”
violated the deliberative process privilege because disclosure of the records would disclose the
identity of persons with whom the government officials had consulted and thereby disclose their
mental processes and interfere with the flow of information to them. However, the court also
noted “that the public interest in disclosure might be weighed more heavily where certain
specific information contained in a limited number of records is sought in a focused and limited
request.”
So while a very broad request for telephone records might not be permitted, a more focused one
might be. Again, however, a court would weigh (and City staff should weigh with the assistance
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of the City Attorney) the public interest in a narrower request against factors like the deliberative
process privilege and the constitutional right to privacy.
12. Is the City required to produce records pertaining to uncashed warrants or checks
in response to a Public Records Act request?
Yes, although the warrant or check numbers may be redacted to prevent counterfeiting, as well
as purely personal, private information such as Social Security Numbers.
13. Are all personnel records subject to the Public Records Act?
Not every record, but in many instances, yes. The Act does contain an exception for personnel
records but there is a public right to know basic information such as who the City employs/hires
and on what terms. Appointment letters, employment contracts, employee qualifications (e.g.,
resumes, employment applications), general non-personal employee benefits information, and
salary information are all subject to disclosure. Purely personal information contained in those
records – e.g., social security numbers, individual taxes/withholding, individual selection of
benefits, personal retirement plan information, home/personal address and telephone numbers –
is exempt and should be redacted.5 Performance evaluations are not subject to disclosure. 6
14. Are private building plans subject to disclosure?
Architectural plans are copyrighted pursuant to Federal copyright law, and the compulsory filing
of them pursuant to an ordinance does not give others the right to copy them. See Smith v. Paul,
174 Cal. App. 2d 744, 751 (1959). The provisions of Cal. Health & Safety Code §§ 19850 et seq.
require a city building department to maintain the building plans for every building in the city,
with certain exceptions (including single family dwellings) and states that they are open for
inspection as a public record. However, copying of the plans is prohibited unless written
permission is requested and obtained from the professional who prepared them and from the
5 Govt. Code § 6254(c) and § 6255; see also Braun v. City of Taft, 154 Cal. App. 3d 332 (1984).
6 Versaci v. Superior Court, 127 Cal. App. 4th 805 (2005).
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current owner of the building. Further, the person requesting the plans must file an affidavit
containing certain specified statements. See Cal. Health & Safety Code § 19851(c).
15. May I ask why a person is asking for the information contained in their request?
No. As a general rule, City staff should never ask why records are being requested. An exception
to this general rule is that City staff should ask why records are being requested if that
information is necessary to identify any responsive records because a request is vague or unclear.
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ATTACHMENT 3
SAMPLE PUBLIC RECORDS ACT REQUEST FORM
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***************For Official Use Only***************
Request Accepted By: Records Produced By:
___________________________ _________________________
Print Name
___________________________ _________________________
Title
___________________________ _________________________
Date
The following information is OPTIONAL but may assist in complying with your request.
_______________________________
(Date/Time)
_______________________________ _____________________________
(Name) (Phone)
_________________________________________________________________
(Mailing Address or E-mail Address)
RECORDS BEING REQUESTED:
(For each record, describe type, date, subject, title, etc. Please be very specific.)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Your Request will be processed in compliance with the Public Records Act (Government Code Sections 6250 et seq.)
Mail (to above address): _______ Pickup: ______ Cost: _______
CITY OF SARATOGA
REQUEST FOR PUBLIC
RECORDS
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ATTACHMENT 4
SAMPLE INITIAL RESPONSE
[CITY OF SARATOGA LETERHEAD]
[DATE]
John Q. Public
1234 Main Street
Saratoga, CA 95070
Re: Public Records Act Request of [DATE]
Dear Mr. Public:
The City of Saratoga (“City”) has received your request for public records dated
[DATE]. A copy of the request is attached. We have concluded that the City possesses
certain identifiable records that fall within the scope of your request. The City is in the
process of reviewing those records to determine whether any are exempt from disclosure
pursuant to the Public Records Act or other laws. We expect that review to be completed
by [DATE]. When the review is completed we will notify you that the disclosable records
are available for your review. You may review records at the City offices and you may
request that we provide copies. A fee applies for the cost of duplication as set forth in the
attached fee schedule. We will inform you of the estimated cost of copies when our
review is complete.
Please do not hesitate to call me if you would like to discuss this matter further.
Very truly yours,
[Name]
[Title]
Enclosures
- Records Request of [DATE]
- City of Saratoga Record Duplication Fee Schedule
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ATTACHMENT 5
SAMPLE STREAMLINED RESPONSE
[CITY OF SARATOGA LETERHEAD]
[DATE]
John Q. Public
1234 Main Street
Saratoga, CA 95070
Re: Public Records Act Request of [DATE]
Dear Mr. Public:
The City of Saratoga has completed the timely review of its records required by
Government Code section 6253(c) in response to your Public Records Act request of
[DATE]. A copy of your request is attached. The City has determined that it possesses
the records you requested and that none are exempt from disclosure. These records will
be available for your inspection during normal business hours at the Saratoga City Hall
starting [DATE]. [Or: As you requested, copies of these records have been made and are
enclosed with this response. The cost for copies is $___ based on the enclosed fee
schedule. Please remit payment to: XXX.]
Please do not hesitate to call me if you would like to discuss this matter further.
Very truly yours,
[Name]
[Title]
Enclosures
- Records Request of [DATE]
- City of Saratoga Record Duplication Fee Schedule
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ATTACHMENT 6
SAMPLE FINAL RESPONSE [CITY OF SARATOGA LETERHEAD] [DATE]
John Q. Public
1234 Main Street
Saratoga, CA 95070
Re: Public Records Act Request of [DATE]
Dear Mr. Public:
The City of Saratoga has completed its review of the records you requested on
[DATE] and has determined it possesses certain identifiable records that fall within the
scope of your request. We estimate the records will be available for your inspection
during normal business hours at the office of the City Clerk at Saratoga City Hall at the
address above starting [DATE]. If you wish to have copies of these records made, the
cost of duplication in accordance with the City fee schedule must be paid in advance. We
estimate the cost of copies will be [ESTIMATED COST]. If you would like copies,
please provide us with a check in that amount and we will provide the copies in the
manner you request.
[If applicable: You requested certain records which are statutorily exempt from
disclosure including intra-agency memoranda that are not retained by the City in the
ordinary course of business are exempt from disclosure under Government Code section
6254(a). These records will not be included in the records provided for your review.]
[If applicable: The City has determined that certain records you requested are
exempt under the Government Code section 6255 because the public interest served by
not disclosing the records clearly outweighs the public interest served by disclosure of the
records. [STATEMENT DEMONSTRATING THE PUBLIC INTEREST IN NON-
DISCLOSURE CLEARLY OUTWEIGHS THE PUBLIC INTEREST IN
DISCLOSURE.] The following persons are responsible for this determination: [NAMES
WITH TITLES OR POSITIONS]. These records will not be included in the records
provided for your review.]
Please do not hesitate to call me if you would like to discuss this matter further.
Very truly yours,
[NAME]
[Title]
P:\SARATOGA\City Documents\Saratoga Public Records Handbook FINAL DRAFT (06-09-09).doc
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: June 17, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone
Associate Engineer
SUBJECT: American Recovery and Reinvestment Act of 2009 (ARRA) Tier 2 Funding - Saratoga
Avenue and Fruitvale Avenue Overlay and Rehabilitation Project.
RECOMMENDED ACTION:
Adopt resolution supporting the American Recovery and Reinvestment Act of 2009 (ARRA) for Tier 2
Funding for the Saratoga Avenue and Fruitvale Ave Overlay and Rehabilitation Project.
REPORT SUMMARY:
Background:
On February 10, the United States Senate passed an $838 billion economic recovery bill, The American
Recovery and Reinvestment Act of 2009. Subsequently, Public Works staff applied for and received
approval for Tier 1 ARRA funds for repaving work on Saratoga Avenue in the amount of $714,420.
Supplemental Tier 2 funds have been added to ARRA in the amount of $137,160 for additional work on
Saratoga Ave and for resurfacing work on Fruitvale Ave.
The limits of the Tier 1 project on Saratoga Ave are Scotland Dr to Ranfre Ln and Cox Ave to the north
City Limits. The limits of the Tier 2 project on Saratoga Ave will be between Baroni Ct to Fruitvale Ave
and on Fruitvale Ave at various segments between Saratoga Ave to Highway 9.
FISCAL IMPACTS:
The American Recovery and Reinvestment Act of 2009 does not require a local match.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The project will not be approved by MTC and the funds will be reallocated to other cities in Santa Clara
County.
ALTERNATIVE ACTION:
N/A
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Page 2 of 2
FOLLOW UP ACTION:
Resolution will be forwarded to the MTC.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Resolution of Local Support authorizing the filing of an application with Metropolitan
Transportation Commission (MTC) for the American Recovery and Reinvestment Act of 2009 (ARRA)
Funding.
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Resolution of Local Support
American Recovery and Reinvestment Act of 2009 (ARRA) Funding
Resolution No.
Authorizing the filing of an application for federal American Recovery and Reinvestment Act of
2009 (ARRA) funding and stating the assurance to complete the project
WHEREAS, The City of Saratoga (herein referred as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for approximately $137,167
in funding from the federal American Recovery and Reinvestment Act of 2009 (ARRA) for the
Saratoga Avenue and Fruitvale Avenue Overlay and Rehabilitation Project (herein referred as
PROJECT) for the MTC Regional ARRA Program (MTC Resolution No. 3885) (herein referred
as PROGRAM); and
WHEREAS, pursuant to ARRA, and any regulations and/or guidance promulgated
thereunder, eligible project sponsors wishing to receive Regional ARRA funds for a project shall
submit an application first with the appropriate Metropolitan Planning Organization (MPO), for
review and inclusion in the MPO's Transportation Improvement Program (TIP); and
WHEREAS, the Metropolitan Transportation Commission (MTC) is the MPO for the
nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC
Resolution No. 3606, revised applicable to federal ARRA fund delivery and has adopted (or is
scheduled to adopt) in MTC Resolution No. 3885 such additional requirements as are necessary
or appropriate to meet the obligations/award deadlines in the ARRA; and
WHEREAS, APPLICANT is an eligible project sponsor for ARRA funds; and
WHEREAS, as part of the application for ARRA funding, MTC requires a resolution
adopted by the responsible implementing agency stating the following:
1) that the sponsor understands that the ARRA funding is fixed at the programmed amount,
and therefore any cost increase cannot be expected to be funded with additional ARRA or
other MTC-programmed funds; and
2) that PROJECT will comply with the procedures specified in MTC’s Regional Project
Funding Delivery Policy (MTC Resolution No. 3606, revised) and with all project-
specific requirements as set forth in MTC’s Regional ARRA Program (MTC Resolution
No. 3885); and PROJECT as described in the application, and if approved, as included in
MTC's TIP; and
3) that PROJECT will comply with all the project-specific requirements as set forth in the
federal ARRA and appropriate applicable regulations or guidance.
NOW, THEREFORE, BE IT RESOLVED that APPLICANT is authorized to execute
and file an application for funding under the American Recovery and Reinvestment Act of 2009
for PROJECT; and be it further
RESOLVED that the APPLICANT by adopting this resolution does hereby state that:
1. APPLICANT understands that the ARRA funding for the project is fixed at the MTC
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approved programmed amount, and that any cost increases must be funded by the
APPLICANT from other funds, and that APPLICANT does not expect any cost
increases to be funded with additional ARRA or MTC-programmed funds; and
2. APPLICANT understands the funding deadlines associated with these funds and will
comply with the applicable provisions and requirements of the Regional ARRA
Program (MTC Resolution No. 3885) and Regional Project Funding Delivery Policy
(MTC Resolution No. 3606, as revised); and
3. PROJECT will be implemented as described in the complete application and in this
resolution and, if approved, for the amount programmed in the MTC federal TIP; and
4. PROJECT will comply with all the project-specific requirements as set forth in the
ARRA and appropriate applicable regulations or guidance; and be it further
RESOLVED that there is no legal impediment to APPLICANT making applications for
the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any way
adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such
PROJECT; and be it further
RESOLVED that APPLICANT authorizes its Executive Director, General Manager, or
designee to execute and file an application with MTC for ARRA funding for the PROJECT as
referenced in this resolution; and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction
with the filing of the application; and be it further
RESOLVED that the MTC is requested to support the application for the PROJECT
described in the resolution and to include the PROJECT, if approved, in MTC's TIP.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 17th day of June, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
_____________________________
Ann Sullivan, City Clerk
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