HomeMy WebLinkAbout07-03-2024 City Council Agenda PacketSaratoga City Council Agenda July 3, 2024 – Page 1 of 6
SARATOGA CITY COUNCIL
REGULAR MEETING
JULY 3, 2024
Public Participation Information
In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the
public may participate in these meetings in person at the locations listed below or via remote
attendance (if applicable) using the Zoom information below. In the event remote participation
technology is unexpectedly unavailable, the meeting will proceed in person without remote
participation.
Members of the public can view and participate in the 6:00 p.m. Closed Session by:
1. Attending the meeting in person at:
• City Hall Linda Callon Conference Room, located at 13777 Fruitvale Avenue, Saratoga CA
95070; OR
2. Accessing the meeting through Zoom
• https://us02web.zoom.us/j/89527052458
• Webinar ID 895 2705 2458 OR
• Calling 1.408.638.0968 or 1.669.900.6833
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
1. Attending the meeting in person at:
• Saratoga Civic Theater, Council Chambers located at 13777 Fruitvale Avenue, Saratoga CA
95070; OR
2. Accessing the meeting through Zoom
• Webinar URL: https://us02web.zoom.us/j/81627041223
• Webinar ID: 816 2704 1223
• Call In: 1.408.638.0968 or 1.669.900.6833; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99 and calling in following the direction above; OR
4. Viewing online at www.saratoga.ca.us/watch and calling in following the direction above.
Written Communication
Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications
will be provided to the members of the City Council and included in the Agenda Packet and/or in
supplemental meeting materials.
Public Comment
Members of the public may comment on any item for up to three (3) minutes. The amount of time
for public comment may be reduced by the Mayor or by action of the City Council. Public
Comment will begin with speakers attending in-person first followed by those attending via Zoom.
Meeting Recording Information
In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study
Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the
Planning Commission, and Regular Session Meetings are recorded and made available following
the meeting on the City website.
Saratoga City Council Agenda July 3, 2024 – Page 2 of 6
6:00 PM CLOSED SESSION
City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code 54957) Title: City
Attorney
7:00 PM REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on June 27, 2024.
REPORT FROM CLOSED SESSION
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council on matters not on the Agenda. The law
generally prohibits the City Council from discussing or taking action on such items. However, the
Council may instruct staff accordingly.
ANNOUNCEMENTS
CEREMONIAL ITEM
Appointment of Heritage Preservation Commissioner
Recommended Action:
Adopt the Resolution appointing Bill Cooper to the Heritage Preservation Commission and
direct the City Clerk to administer the Oath of Office.
Staff Report
Attachment A - Resolution, Heritage Preservation Commission Appointment
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the Mayor
remove an item from the Consent Calendar for discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the June 19, 2024, City Council Regular Meeting.
Staff Report
Attachment A - Minutes for the June 19, 2024 City Council Regular Meeting
Saratoga City Council Agenda July 3, 2024 – Page 3 of 6
1.2. Accounts Payable Check Registers
Recommended Action:
Review and accept the 06/13/2024 and 06/20/2024 accounts payable vendor payment check
registers.
Staff Report
Attachment A - Check Register Reports 06-13-2024
Attachment B - Check Register Reports 06-20-2024
1.3. Treasurer’s Report for the Month Ended May 31, 2024
Recommended Action:
Review and accept the Treasurer’s Report for the month ended May 31, 2024.
Staff Report
1.4. Award Copier Lease Agreement
Recommended Action:
Adopt the Resolution to authorize the City Manager to enter into a five-year lease
agreement with Toshiba Business Solutions for the City’s copier fleet in the amount of
$111,820.
Staff Report
Attachment A – Resolution for Copier Lease
Attachment B - Cost comparison of finalists
Attachment C - Toshiba Contract
1.5. Extension of the agreement with Disability Access Consultants (DAC) until December
31, 2024
Recommended Action:
Authorize the City Manager to execute a contract extension with Disability Access
Consultants (DAC) for Americans with Disability Act (ADA) Self-Evaluation and
Transition Plan until December 31, 2024.
Staff Report
Attachment A - Original 2023 contract with DAC
Attachment B - Amendment to existing contract
1.6. Contract for IT Support Services with ZAG Technical Services
Recommended Action:
Authorize the City Manager to execute a three-year contract agreement with ZAG Technical
Services (ZAG) for IT Support Services.
Staff Report
Attachment A - ZAG Technical Services Agreement
1.7. Contract for Microsoft licenses with SoftwareONE
Recommended Action:
Authorize the City Manager to execute a three-year Microsoft Enterprise Agreement
through SoftwareONE.
Staff Report
Attachment A - Microsoft Enterprise Agreement Enrollment Contract
Saratoga City Council Agenda July 3, 2024 – Page 4 of 6
1.8. Ordinance Amending Chapter 15 (Zoning Regulations) of the Saratoga City Code to
Implement the Programs of the 2023-2031 Housing Element.
Recommended Action:
Waive reading and adopt the ordinance amending Chapter 15 (Zoning Regulations) of the
Saratoga City Code to implement the programs of the 2023-2031 Housing Element.
Staff Report
Attachment A - Ordinance Amending Chapter 15 (Articles 15-46 and 15-47)
1.9. Annual Code Update for 2024
Recommended Action:
Waive reading and adopt an ordinance amending City Code provisions concerning
scheduling of appeal hearings (section 2-05.030); scheduling City Council meetings (2-
10.010); Commissioner qualifications and terms (2-12.020 and .030); security alarms (4-
06.110); motion picture filming (4-60.080); civil defense and disaster (Article 6-05);
commercial marijuana activity (6-30.020); driveway approaches (14-25.030); Zoning
Ordinance provisions pertaining to short term rentals (15-06.360), fence height at driveway
intersections (15-29.010), creek setbacks (15-45.045), tree regulations (Article 15-50), and
replacement housing units (15-80.150); and reorganization of certain definitions in the
Sustainability Ordinance (17-10.010).
Staff Report
Attachment A - Annual Code Update Ordinance
2. GENERAL BUSINESS
2.1. Evacuation Route Assessment
Recommended Action:
Authorize the City Manager to sign an agreement with Fehr and Peers to conduct an
Evacuation Route Capacity Analysis in the amount of $54,000.
Staff Report
Attachment A – Fehr and Peers Scope of Work
2.2. Parks Restrooms Renovations Project Award of Contract
Recommended Actions:
1. Award a contract to Selway Construction in the amount of $294,999 for the Parks
Restrooms Renovations Project.
2. Authorize a 15 percent contingency to execute change orders to the contract up to
$44,250, for a total not to exceed $339,249.
Staff Report
Attachment A - Bid Tabulation
Attachment B - Contract
Saratoga City Council Agenda July 3, 2024 – Page 5 of 6
2.3. Agreement with Urban Planning Partners to Commence Phase 2 of Housing Element
Implementation and Agreement with Lisa Wise Consulting to Develop Objective Design
and Development Standards for Housing Element Implementation
Recommended Actions:
1. Authorize the City Manager to execute a new contract with Urban Planning Partners for
consulting services on Phase 2 of Housing Element Implementation in the amount of
$67,060.
2. Authorize the City Manager to execute a new contract with Lisa Wise Consulting for
consulting services to development objective design and development standards for Housing
Element implementation in the amount of $82,062.
Staff Report
Attachment A – Proposed Lisa Wise Agreement
Attachment B - Proposed UPP Agreement
2.4. Resolution Renaming the Finance Committee to Finance Advisory Committee
Recommended Action:
Adopt the Resolution to rename the Finance Committee to the Finance Advisory
Committee.
Staff Report
Attachment A - Resolution Renaming Finance Committee to Advisory Committee
COUNCIL ASSIGNMENTS
Council Assignments
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council was posted and available for review on June 27, 2024 at the City of Saratoga,
13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us.
Signed this 27th day of June 2024 at Saratoga, California.
Britt Avrit, MMC, City Clerk
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, copies of materials
distributed to the City Council concurrently with the posting of the agenda, and materials
distributed to the City Council by staff after the posting of the agenda are available on the City
website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777
Fruitvale Avenue, Saratoga, California.
Saratoga City Council Agenda July 3, 2024 – Page 6 of 6
In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting, please contact the City Clerk at
bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City
will use its best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II]
SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:Appointment of Heritage Preservation Commissioner
RECOMMENDED ACTION:
Adopt the Resolution appointing Bill Cooper to the Heritage Preservation Commission and direct
the City Clerk to administer the Oath of Office.
BACKGROUND:
The City has been recruiting for a partial term on the Heritage Preservation Commission that
ends December 31, 2025. After continuous recruitments, the City Council took action to
temporarily waive the requirement that applicants must attend a meeting prior to being
interviewed. The City Council interviewed Bill Cooper and selected him to be appointed to a
partial term ending December 31, 2025.
ATTACHMENT:
Attachment A - Resolution, Heritage Preservation Commission Appointment
6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPOINTING BILL COOPER TO THE HERITAGE
PRESERVATION COMMISSION
WHEREAS, a vacancy was created on the Saratoga Heritage Preservation Commission
resulting from the resignation of Joseph Wherry in January 2021;
WHEREAS, the City publicized the vacancy, accepted applications and the City Council
conducted an interview on June 19, 2024.
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that Bill Cooper
is appointed to the Heritage Preservation Commission for a partial term ending December 31,
2025.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 3
rd day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
City of Saratoga
ATTEST:
____
Britt Avrit, City Clerk
City of Saratoga
7
SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the Minutes for the June 19, 2024, City Council Regular Meeting.
BACKGROUND:
Draft City Council Minutes for each Council Meeting are taken to the City Council to be reviewed
for accuracy and approval. Following City Council approval, minutes are retained for legislative
history and posted on the City of Saratoga website. The draft minutes are attached to this report
for Council review and approval.
ATTACHMENTS:
Attachment A - Minutes for the June 19, 2024 City Council Regular Meeting
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Saratoga City Council Minutes ~ June 19, 2024 ~ Page 1 of 10
MINUTES
WEDNESDAY,JUNE 19, 2024
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:30 p.m., the City Council held an interview for the Historic Preservation Commission.
WALIA/PAGE MOVED TO APPOINT BILL COOPER TO THE HERITAGE
PRESERVATION COMMISSION FOR A PARTIAL TERM ENDING DECEMBER 31,
2025.MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE,
WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT:
NONE.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao called the Regular Session to order at 7:00 p.m.
ROLL CALL
PRESENT: Mayor Yan Zhao, Vice Mayor Belal Aftab, Council Members Kookie
Fitzsimmons, Chuck Page, Tina Walia
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Leslie Arroyo, Assistant City Manager
John Cherbone, Public Works Director
Bryan Swanson, Community Development Director
Ryan Hinchman, Administrative Services Director
Britt Avrit, City Clerk
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on June 13, 2024.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; IN-PERSON
ATTENDEES
The following individuals spoke at this time:
Michael Saari discussed weeds in Saratoga and Santa Clara County.
Eric Matthews, Sue Bozzini, Josephine Kawanami, Jean Raby, and Dennis Jamison discussed
voter databases and elections.
ANNOUNCEMENTS
Mayor Zhaoshared information about“Let’s Hike Saratoga” event, July 4th Celebration, “America
the Beautiful” event, the Saratoga Classic & Cool Car Show, and the July Summer Movie Night.
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Saratoga City Council Minutes ~ June 19, 2024 ~ Page 2 of 10
PUBLIC HEARINGS
2.1. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 42A (Gardiner Park) and
Confirmation of Assessments for FY 24-25
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 24-25.
John Cherbone, Public Works Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 42A
(Gardiner Park); 45 ballots received; 22 yes, 23 no.
No action required; the annexation is not approved.
2.2. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 47 (Padero) and Confirmation of
Assessments for FY 24-25
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 24-25.
John Cherbone, Public Works Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 47
(Padero); 12 ballots received; 11 yes, 1 no.
RESOLUTION 24-042
PAGE/WALIA MOVED TO ACCEPT THE RESULTS OF THE BALLOTING FOR
THE ANNEXATION OF A NEW ZONE 47 (PADERO) AND ADOPT THE
RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE
DIAGRAM AND ASSESSMENTS FOR FY 24-25.MOTION PASSED BY THE
FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 19, 2024 ~ Page 3 of 10
2.3. Landscaping & Lighting Assessment District LLA-1 - Public Hearing for Proposition
218 Protest Election for the Annexation of a New Zone 48 (Glen Una) and Confirmation of
Assessments for FY 24-25
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 24-25.
John Cherbone, Public Works Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
Mayor Zhao continued this item until counting of the ballots was complete.
The City Council returned to this item after ballots were tabulated.
Britt Avrit, City Clerk, presented the results of the ballots submitted for New Zone 48 (Glen
Una); 58 ballots received; 40 yes, 18 no.
RESOLUTION 24-043
PAGE/WALIA MOVED TO ACCEPT THE RESULTS OF THE BALLOTING FOR
THE ANNEXATION OF A NEW ZONE 48 (GLEN UNA) AND ADOPT THE
RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE
DIAGRAM AND ASSESSMENTS FOR FY 24-25.MOTION PASSED BY THE
FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1. CONSENT CALENDAR
Mayor Zhao invited public comment.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the June 5, 2024, City Council Regular Meeting.
PAGE/AFTAB MOVED TO APPROVE THE MINUTES FOR THE JUNE 5, 2024,
CITY COUNCIL REGULAR MEETING.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Accounts Payable Check Registers
Recommended Action:
Review and accept the 05/30/2024 and 06/06/2024 accounts payable vendor payment check
registers.
11
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 4 of 10
PAGE/AFTAB MOVED TO REVIEW AND ACCEPT THE 05/30/2024 AND 06/06/2024
ACCOUNTS PAYABLE VENDOR PAYMENT CHECK REGISTERS.MOTION
PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA,
AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.3. Budget Adoption for the Fiscal Year Beginning July 1, 2024
Recommended Action:
Approve a Resolution adopting the City’s Budget for the fiscal year beginning July 1, 2024.
RESOLUTION 24-037
PAGE/AFTAB MOVED TO APPROVE A RESOLUTION ADOPTING THE CITY’S
BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2024.MOTION PASSED
BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Resolution Establishing the Appropriations Limit for Fiscal Year 2024-25
Recommended Action:
Adopt a Resolution establishing the City’s appropriations limit for Fiscal Year 2024-25.
RESOLUTION 24-038
PAGE/AFTAB MOVED TO ADOPT A RESOLUTION ESTABLISHING THE CITY’S
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25.MOTION PASSED BY THE
FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.5. Resolution to Establish the FY 2024-25 Property Tax Levy for the Arrowhead
Community Facility District 2018 Bond Debt Service
Recommended Action:
Adopt the Resolution that sets the Fiscal Year 2024-25 property tax levy rate for the
Arrowhead Community Facility District’s (CFD) 2018 Bond's debt service payment at
$6,500 per parcel for the remaining eighteen (18) participating property owners.
RESOLUTION 24-039
PAGE/AFTAB MOVED TO ADOPT THE RESOLUTION THAT SETS THE FISCAL
YEAR 2024-25 PROPERTY TAX LEVY RATE FOR THE ARROWHEAD
COMMUNITY FACILITY DISTRICT’S (CFD) 2018 BOND'S DEBT SERVICE
PAYMENT AT $6,500 PER PARCEL FOR THE REMAINING EIGHTEEN (18)
PARTICIPATING PROPERTY OWNERS.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.6. Resolution to Establish Fiscal Year 2024-25 Tax Levy Rate for the Library Series
2011 General Obligation Bonds Debt Service
Recommended Action:
Adopt the Resolution establishing the Fiscal Year 2024-25 Tax Levy Rate for the Library
Series 2011 General Obligation Bonds Debt Service at $0.0040 per $100 of Secured
Assessed Value.
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Saratoga City Council Minutes ~ June 19, 2024 ~ Page 5 of 10
RESOLUTION 24-040
PAGE/AFTAB MOVED TO ADOPT THE RESOLUTION ESTABLISHING THE
FISCAL YEAR 2024-25 TAX LEVY RATE FOR THE LIBRARY SERIES 2011
GENERAL OBLIGATION BONDS DEBT SERVICE AT $0.0040 PER $100 OF
SECURED ASSESSED VALUE.MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.7. Theater Portable License Agreement
Recommended Action:
Authorize the City Manager to sign the Theater Portable License Agreement between the
City of Saratoga and the South Bay Musical Theatre.
PAGE/AFTAB MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE
THEATER PORTABLE LICENSE AGREEMENT BETWEEN THE CITY OF
SARATOGA AND THE SOUTH BAY MUSICAL THEATRE.MOTION PASSED BY
THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.8. Santa Clara County Library District StoryWalk Memorandum of Understanding
(MOU)
Recommended Action:
Approve the Santa Clara County Library District StoryWalk Memorandum of
Understanding (MOU).
PAGE/AFTAB MOVED TO APPROVE THE SANTA CLARA COUNTY LIBRARY
DISTRICT STORYWALK MEMORANDUM OF UNDERSTANDING (MOU).
MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE,
WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.9. Ordinance for Zoning Reclassification for Saratoga Retirement Community Master
Plan Update (application PDR19-0023/ARB19-0039/GEO19-0013/ZOA19-0004/ENV19-
0005; 14500 Fruitvale Avenue (397-12-012 & 397-12-019 & 397-40-006).
Recommended Action:
Adopt the Ordinance approving a Zoning Reclassification from R-1-40,000 to R-1-40,000
P-C (Planned Combined District) (ZOA19-0004), for 37.17 acres located at 14500 Fruitvale
Avenue (APN’s 397-12-012 & 397-12-019 & 397-40-006).
ORDINANCE 401
PAGE/AFTAB MOVED TO ADOPT THE ORDINANCE APPROVING A ZONING
RECLASSIFICATION FROM R-1-40,000 TO R-1-40,000 P-C (PLANNED
COMBINED DISTRICT) (ZOA19-0004), FOR 37.17 ACRES LOCATED AT 14500
FRUITVALE AVENUE (APN’S 397-12-012 & 397-12-019 & 397-40-006).MOTION
PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, AFTAB, ZHAO.
NOES: WALIA. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 19, 2024 ~ Page 6 of 10
1.10. No Parking Anytime Zone on Three Oaks Way
Recommended Action:
Adopt the Motor Vehicle resolution authorizing a No Parking Anytime zone on both sides
of Three Oaks Way for the full length of the street.
RESOLUTION MV 334
PAGE/AFTAB MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING A NO PARKING ANYTIME ZONE ON BOTH SIDES OF THREE
OAKS WAY FOR THE FULL LENGTH OF THE STREET.MOTION PASSED BY
THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.11. Two-Hour Parking Zone at 12850 Saratoga Avenue
Recommended Action:
Adopt the Motor Vehicle resolution authorizing a two-hour parking zone on the southeast
side of Saratoga Avenue in front of 12850 Saratoga Avenue for 210 feet.
RESOLUTION MV 335
PAGE/AFTAB MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION
AUTHORIZING A TWO-HOUR PARKING ZONE ON THE SOUTHEAST SIDE OF
SARATOGA AVENUE IN FRONT OF 12850 SARATOGA AVENUE FOR 210 FEET.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE,
WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.12. Transportation Development Act (TDA) Article 3 Application for the Saratoga
Avenue Walkway Project
Recommended Action:
Adopt a resolution supporting the Metropolitan Transportation Commission’s
Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for the
Saratoga Avenue Walkway Project.
RESOLUTION 24-041
PAGE/AFTAB MOVED TO ADOPT A RESOLUTION SUPPORTING THE
METROPOLITAN TRANSPORTATION COMMISSION’S TRANSPORTATION
DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE GRANT
APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT.MOTION
PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE, WALIA,
AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ June 19, 2024 ~ Page 7 of 10
2. PUBLIC HEARINGS
2.4. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 24-25
Recommended Action:
Conduct the public hearing and following consideration of public comments adopt the
Resolution Ordering the Improvements and Confirming the Diagram and Assessments for
FY 24-25.
John Cherbone, Public Works Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
RESOLUTION 24-045
PAGE/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION ORDERING THE
IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS
FOR FY 24-25 FOR LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-
1. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS, PAGE,
WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
2.5. Introduce and Waive First Reading of an Ordinance Approving Amending Chapter 15
(Zoning Regulations) of the Saratoga City Code to Implement the Programs of the 2023-
2031 Housing Element.
Recommended Action:
Following the public hearing, introduce and waive the first reading of an ordinance
amending Chapter 15 (Zoning Regulations) of the Saratoga City Code to implement the
programs of the 2023-2031 Housing Element and direct staff to place the ordinance on the
consent calendar for adoption at the next regular meeting.
Bryan Swanson Community Development Director, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
WALIA/AFTAB MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF
AN ORDINANCE AMENDING CHAPTER 15 (ZONING REGULATIONS) OF THE
SARATOGA CITY CODE TO IMPLEMENT THE PROGRAMS OF THE 2023-2031
HOUSING ELEMENT AND DIRECT STAFF TO PLACE THE ORDINANCE ON
THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR
MEETING. MOTION PASSED BY THE FOLLOWING VOTE: AYES: FITZSIMMONS,
PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
15
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 8 of 10
2.6. Annual Code Update for 2024
Recommended Action:
Conduct the public hearing, introduce and waive the first reading of an ordinance amending
City Code provisions concerning scheduling of appeal hearings (section 2-05.030);
scheduling City Council meetings (2-10.010); Commissioner qualifications and terms (2-
12.020 and .030); security alarms (4-06.110); motion picture filming (4-60.080); civil
defense and disaster (Article 6-05); commercial marijuana activity (6-30.020); driveway
approaches (14-25.030); Zoning Ordinance provisions pertaining to short term rentals (15-
06.360), fence height at driveway intersections (15-29.010), creek setbacks (15-45.045), tree
regulations (Article 15-50), and replacement housing units (15-80.150); and reorganization
of certain definitions in the Sustainability Ordinance (17-10.010); and direct staff to place
the ordinance on the consent calendar for adoption at the next regular meeting of the City
Council.
Richard Taylor, City Attorney, presented the staff report.
Mayor Zhao invited public comment.
No one requested to speak.
WALIA/PAGE MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF
AN ORDINANCE AMENDING CITY CODE PROVISIONS CONCERNING
SCHEDULING OF APPEAL HEARINGS (SECTION 2-05.030); SCHEDULING CITY
COUNCIL MEETINGS (2-10.010); COMMISSIONER QUALIFICATIONS AND
TERMS (2-12.020 AND .030); SECURITY ALARMS (4-06.110); MOTION PICTURE
FILMING (4-60.080); CIVIL DEFENSE AND DISASTER (ARTICLE 6-05);
COMMERCIAL MARIJUANA ACTIVITY (6-30.020); DRIVEWAY APPROACHES
(14-25.030); ZONING ORDINANCE PROVISIONS PERTAINING TO SHORT
TERM RENTALS (15-06.360), FENCE HEIGHT AT DRIVEWAY INTERSECTIONS
(15-29.010), CREEK SETBACKS (15-45.045), TREE REGULATIONS (ARTICLE 15-
50), AND REPLACEMENT HOUSING UNITS (15-80.150); AND
REORGANIZATION OF CERTAIN DEFINITIONS IN THE SUSTAINABILITY
ORDINANCE (17-10.010); AND DIRECT STAFF TO PLACE THE ORDINANCE ON
THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR
MEETING OF THE CITY COUNCIL.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
3. GENERAL BUSINESS
3.1. Authorize Contract for FY23/24 for Pavement Management Program Project in the
Amount Not to Exceed $3,439,646
Recommended Actions:
1. Declare G. Bortolotto & Company to be the lowest responsible bidder on the project.
2. Award a Construction Contract to G. Bortolotto & Company in the amount of
$3,124,646 and authorize the City Manager to execute the same.
3. Authorize staff to execute change orders to the contract up to $315,000 (10%).
Emma Burkhalter, Associate Civil Engineer, presented the staff report.
16
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 9 of 10
Mayor Zhao invited public comment.
No one requested to speak.
PAGE/WALIA MOVED TO DECLARE G. BORTOLOTTO & COMPANY TO BE
THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; AWARD A
CONSTRUCTION CONTRACT TO G. BORTOLOTTO & COMPANY IN THE
AMOUNT OF $3,124,646 AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE SAME; AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE
CONTRACT UP TO $315,000 (10%).MOTION PASSED BY THE FOLLOWING VOTE:
AYES: FITZSIMMONS, PAGE, WALIA, AFTAB, ZHAO. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Kookie Fitzsimmons
Nothing to report.
Council Member Tina Walia 753
Silicon Valley Clean Energy Authority Board of Directors –stated the Boardapproved maintaining
the 4% discount rate for all retail rates, set expectations for 2025 power mix, allocated funding for
electrification technical support for member cities, and received an update on the California
Community Choice Financing Authority International Climate Bond Recognition.
Cities Association of Santa Clara County Legislative Action Committee – stated the Committee
had two guest speakers.
Cities Association of Santa Clara County Board of Directors – stated the Board held a summer
event in June.
Council Member Chuck Page
Nothing to report.
Vice Mayor Belal Aftab
Nothing to report.
Mayor Yan Zhao
West Valley Sanitation District Board of Directors – stated the Board held a Closed Session with
nothing to report; in open session the Board amended the compensation plan for District Manager
and Operating & Maintenance Units, and approved the budget.
Disaster Council –stated the Disaster Council received emergency planning updatesand approved
upcoming training schedules.
Santa Clara County Library District Board of Directors – stated the Board adopted the FY 24/25
budget and accepted the independent audit report.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None.
17
Saratoga City Council Minutes ~ June 19, 2024 ~ Page 10 of 10
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS; VIRTUAL ATTENDEES
No one requested to speak.
CEREMONIAL ITEM
Outgoing City Manager Recognition
Recommended Action:
Recognize outgoing City Manager, James Lindsay
The City Council recognized outgoing City Manager, James Lindsay.
Assistant Sheriff Rich Urena and Under Sheriff Ken Binder, Pablo Velasquez on behalf of
Assemblyman Marc Berman, and Peter Estanial on behalf of Supervisor Joe Simitian
recognized James Lindsay for his service to the community.
Mayor Zhao invited public comment.
The following individuals spoke at this time: Howard Miller, Shozo, Emily Lo, Gene Zmabeni
Fire Protection District, Jill Hunter, Manny Capello and Lisa Oakley, Mary Lynn Bernald,
Mike Workman, Liz Gibbons
CITY ATTORNEY'S REPORT
The City Attorney recognized outgoing City Manager, James Lindsay.
ADJOURNMENT
Mayor Zhao adjourned the meeting at 8:56 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
18
SARATOGA CITY COUNCIL
MEETING DATE:July 03, 2024
DEPARTMENT:Administrative Services
PREPARED BY:Vivian Lu, Accounting Technician
SUBJECT: Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept the 06/13/2024 and 06/20/2024 accounts payable vendor payment check registers.
BACKGROUND:
The accounts payable check registers report payments to vendors for goods and services properly procured and approved for payment
in accordance with the City’s administrative purchasing policy. The information listed below lists vendor payments exceeding
$20,000 and any checks that were voided during the time period. The complete check register(s) and summary by Fund are provided
as attachments to this report.
ATTACHMENTS:
Attachment A - Check Register Reports Dated 06/13/2024
Attachment B - Check Register Reports Dated 06/20/2024
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
06/13/2024 149954 149981 28 123,915.99 06/13/2024 06/06/2024 149953
06/20/2024 149982 150040 59 1,085,437.94 06/20/2024 06/13/2024 149981
Accounts Payable checks issued for $20,000 or greater:
Date Check #Dept.Amount
06/13/2024 149976 Shute, Mihaly & Weinberger LLP General Fund Various April 2024 Attorney Services 59,737.18
06/20/2024 149985 AECOM Technical Services General Fund CDD May 2024 Family Vineyards Expansion 28,236.00
06/20/2024 149991 FCS International Inc General Fund CDD Pierce Rd Mountain Winery Project 31,118.60
06/20/2024 150008 SCC Office of the Sheriff General Fund PS/CMO June 2024 Law Enforcement 651,016.58
06/20/2024 150009 Orchard Keepers Inc General Fund PW May 2024 Orchard Maintenance 29,696.26
06/20/2024 150013 Precision Concrete Cutting CIP Street Projects Fund PW Citywide Sidewalk/Trip Hazard Repairs 20,160.08
06/20/2024 150017 Safety Network Traffic Signs CIP Street Projects Fund PW Citywide Road/Street Name List 20,372.81
06/20/2024 150028 Traffic Patterns LLC General Fund PW Smart Traffic Signals Maintenance 23,940.00
06/20/2024 150030 Traffic Patterns LLC General Fund PW On-call Traffic Engineer Support 24,905.00
06/20/2024 150034 US Bank Purchasing Card Various Funds Various Various City Expenses 21,432.64
06/20/2024 150036 Villalobos & Associates Various CIP Funds PW Shadow Oaks Way Crosswalk Project 58,850.00
06/20/2024 150037 Villalobos & Associates CIP Street Projects Fund PW Martha Ave Repairs Project 65,593.00
Accounts Payable checks voided during this time period:
AP Date Check #Amount
N/A
Ending Check
#
Starting
Check #Type of Checks Date
Prior Check Register
Checks ReleasedTotal Checks Amount
Accounts Payable
Accounts Payable
Fund Purpose
StatusReason Issued to
Issued to
19
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 06/13/2024 CITY OF SARATOGA VENCHK11
TIME: 12:06:52 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 12/24
FUND FUND TITLE AMOUNT
111 GENERAL FUND 76,552.07
214 2023 STORM FUND 3,700.00
241 ARROYO DE SARATOGA LNDSCP 233.91
242 BONNET WAY LANDSCAPE 144.04
245 FREDERICKSBURG LANDSCAPE 369.06
246 GREENBRIAR LANDSCAPE 542.89
248 LEUTAR COURT LANDSCAPE 183.34
251 MCCARTYSVILLE LANDSCAPE 491.96
252 PRIDES CROSSING LANDSCAPE 988.55
272 BELLGROVE L&L 6,515.67
273 GATEWAY L&L 1,147.45
279 BROOKVIEW L&L 314.92
292 PARAMOUNT COURT SWD 139.07
361 ARROWHEAD BOND 1,000.00
411 CIP STREET PROJECTS FUND 2,738.50
413 CIP FACILITY PROJECT FUND 1,147.23
432 CIP GRANT - PARK & TRAIL 5,000.00
435 ARPA/SLFRF FUND 9,394.95
612 WORKERS COMP FUND 82.00
623 VEHICLE & EQUIPMENT MAINT 95.19
624 BUILDING MAINTENANCE 13,135.19
TOTAL REPORT 123,915.99
20
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 06/13/2024 CITY OF SARATOGA VENCHK11
TIME: 12:06:05 CHECK REGISTER ACCOUNTING PERIOD: 12/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
149954 11111 06/13/24 1804 ANIXTER INC 81161 STANLEY DOOR HARDWARE 1,147.23
149954 11111 06/13/24 1804 ANIXTER INC 61133 FACILITY SUPPLIES 718.93
TOTAL CHECK 1,866.16
149955 11111 06/13/24 1804 ANIXTER INC 61133 STANLEY DOOR HARDWARES 7,391.26
149956 11111 06/13/24 641 BKF ENGINEERS 81161 GUAVA CT IMPROVEMENT 431.40
149957 11111 06/13/24 179 CIM AIR, INC 64514 HVAC MAINT-CIVIC CTR 995.00
149957 11111 06/13/24 179 CIM AIR, INC 64514 HVAC MAINT-RMOTE SITE 995.00
149957 11111 06/13/24 179 CIM AIR, INC 64514 HVAC BATTERIES INSTL 425.00
TOTAL CHECK 2,415.00
149958 11111 06/13/24 937 CITY OF SARATOGA 71124 FY23/24 DEBT MGMT SVC 1,000.00
149959 11111 06/13/24 454 GACHINA LANDSCAPE MANAGEM 81161 JUN MNTHLY WEED ABATE 901.00
149960 11111 06/13/24 1608 GREEN HALO SYSTEMS INC. 64323 MAY TRACKING FEE 223.00
149961 11111 06/13/24 1852 HOMER T HAYWARDD LUMBER C 64557 QUARRY PK SIGN POSTS 254.91
149962 11111 06/13/24 14 HYDROTEC IRRIGATION EQUIP 61141 KMP NEW TREE INSTALL 435.40
149962 11111 06/13/24 14 HYDROTEC IRRIGATION EQUIP 64549 COX AVE WATER METER 83.00
TOTAL CHECK 518.40
149963 11111 06/13/24 63 INTERSTATE TRAFFIC CONTRO 81121 HIGHWAY 9 SIGNS 1,837.50
149964 11111 06/13/24 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00
149965 11111 06/13/24 1164 MOUSER LAW FIRM 65271 MAY LEGAL SVCS 6,965.00
149965 11111 06/13/24 1164 MOUSER LAW FIRM 65273 MAY LEGAL SVCS 735.00
TOTAL CHECK 7,700.00
149966 11111 06/13/24 79 MUNISERVICES/AVENU 64154 SUTA SRVC Q4 2023 85.43
149967 11111 06/13/24 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,260.00
149968 11111 06/13/24 1745 ODP BUSINESS SOLUTIONS, L 61171 KEYBOARD TRAY 93.49
149969 11111 06/13/24 918 O'REILLY AUTO PARTS 61361 AUTO PARTS 95.19
149970 11111 06/13/24 173 PACIFIC GAS & ELECTRIC 63111 EL CAMINO GRANDE PUMP 14.19
149970 11111 06/13/24 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 256.69
TOTAL CHECK 270.88
149971 11111 06/13/24 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 103.65
149972 11111 06/13/24 1356 PETERSON POWER SYSTEMS, I 64519 EMER GENERATOR RPR 1,350.00
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 12050 BROOKGLN DR 50% 314.92
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 ARROYO DE SARATOGA 233.91
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 BELLGROVE 6,515.67
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 BONNET WAY 10% 144.04
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 FREDERICKSBURG 369.06
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 GATEWAY PROJECT 1,147.45
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 GREENBRIAR 542.89
21
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 06/13/2024 CITY OF SARATOGA VENCHK11
TIME: 12:06:05 CHECK REGISTER ACCOUNTING PERIOD: 12/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 LEUTAR CT 183.34
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 MCCARTYSVILLE 25% 103.33
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 PARAMOUNT COURT 139.07
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 3,020.01
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 PRIDES CROSSING 905.55
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 2,689.01
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 MED/PRKWYS 90% BONNET 457.20
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 MED/PRKWYS 50% BRKGLN 314.91
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 MCCARTYSVILLE 388.63
149973 11111 06/13/24 87 SAN JOSE WATER COMPANY 63112 MED/MCCARTYSVILLE 75% 310.00
TOTAL CHECK 17,778.99
149974 11111 06/13/24 1754 SANDIS CIVIL ENGINEERS SU 81142 VILLAGE PARKING PROJ 8,963.55
149975 11111 06/13/24 1 SANTA CLARA COUNTY - DTAC 62325 MAY PARKING CITATION 125.00
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65223 GENERAL PLAN 11,501.32
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65213 CDD 315.10
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65211 CM 1,028.90
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 2,637.00
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65215 PW SUB20-0003 1,363.70
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 22119 VINEYARD ENV24-0002 182.50
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65212 ADMIN SVC 83.40
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65213 CDD 9,396.40
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 2,807.80
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65211 CM 5,587.80
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65218 HR 111.20
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65256 NON-DEP 466.26
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 3,447.20
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 65215 PW SUB20-0003 3,586.20
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 22119 AHFV EIR ENV21-0011 9,922.40
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 22119 SRC ENV19-0005 6,935.00
149976 11111 06/13/24 154 SHUTE MIHALY & WEINBERGER 22119 PIERCE RD ENV24-0001 365.00
TOTAL CHECK 59,737.18
149977 11111 06/13/24 1394 ST. FRANCIS ELECTRIC, LLC 64211 SARA-SNNYVLE ST LIGHT 422.00
149978 11111 06/13/24 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 50.00
149979 11111 06/13/24 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 82.00
149980 11111 06/13/24 1851 VISHAL DHAROD 42591 WILDFIRE GRANT REIMB 5,000.00
149981 11111 06/13/24 1437 WESTFALL ENGINEERS, INC. 64583 PIERCE RD STRUCTURAL 3,700.00
TOTAL FUND 123,915.99
TOTAL REPORT 123,915.99
22
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28
SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:Administrative Services
PREPARED BY:Ann Xu, Finance Manager
SUBJECT: Treasurer’s Report for the Month Ended May 31, 2024
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended May 31, 2024.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submits to the City
Clerk and the legislative body a written report and accounting of all receipts, disbursements, and
fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035
designates the City Manager as the City Treasurer. This report is prepared to fulfill this
requirement.
The following attachments provide financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, changes in investment
pool balances, and historical investment returns.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of May 31, 2024, the City’s unaudited cash and investments totaled $46,249,447. The City
Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2016:
for cash flow purposes and to avoid the occurrence of dry period financing, pooled cash from all
funds should not be allowed to fall below $1,000,000. The total pooled cash balance of $46.2
million exceeds the minimum amount required.
Comerica Bank 960,233$
Deposit with LAIF 39,757,083$
Deposit with CalTRUST 5,532,131$
Total Cash 46,249,447$
Cash Summary
29
City’s Current Financial Position
In accordance with California government code section 53646 (b) (3), the City is financially well
positioned and able to meet its estimated expenditure requirements for the next six months. As of
May 31, 2024, the City’s financial position (Assets $46.5M, Liabilities $6.8M,and Fund Equity
$39.7M) remains very strong and there are no issues in meeting financial obligations now or in
the foreseeable future.
The following Fund Balance schedule represents actual funding available for all funds at the end
of the monthly period. This amount differs from the above Cash Summary schedule as assets and
liabilities are components of the fund balance. As illustrated in the summary below, Total Cash
is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the
Ending Fund Balance –which represents the actual amount of funds available.
ATTACHMENTS:
Table 1 – Change in Total Fund Balances by Fund
Table 2 –Change in Total Fund Balances by CIP Project
Chart 1 – Change in Investment Pool Balance by Month
Table 3 – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
Table 4 – CalTRUST Liquidity Fund Quarterly Yield Rates
"+
Total Cash 46,249,447$
Plus: Assets 273,906
Less: Liabilities (6,818,523)
Ending Fund Balance 39,704,830$
Adjusting Cash to Ending Fund Balance
30
TABLE 1: CHANGES IN TOTAL FUND BALANCE
*Negative fund balance due to authorized spending of anticipated revenues
**Includes long-term debt for Arrowhead Community Facilities District Bond
Fund Description
Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
Jul-Apr
Current
Revenue
Current
Expenditure Transfer In
Transfer
Out
Fund Balance
5/31/2024
General Fund
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Project Reserve 3,534,875 - - - - (1,337,000) 2,197,875
Carryforwards Reserve 100,000 - - - - - 100,000
Road and Facility Replacement Reserve 3,700,000 - - - - - 3,700,000
Unassigned Fund Balances:
Working Capital Reserve 1,000,000 - - - - - 1,000,000
Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000
Compensated Absences Reserve 330,000 - - - - - 330,000
Other Unassigned Fund Balance Reserve (Pre YE distribution)2,373,803 4,494,920 1,288,611 (2,165,096) - (2,170,876) 3,821,362
General Fund Total 15,188,678 4,494,920 1,288,611 (2,165,096) - (3,507,876) 15,299,237
Special Revenue
Landscape/Lighting Districts 1,001,132 27,405 73 (27,124) - - 1,001,486
ARPA Federal Grants 6,473,435 - - - - - 6,473,435
2023 Storm Fund 200,884 (49,596) - (909) - - 150,379
Special Revenue Fund Total 7,675,451 (22,191) 73 (28,033) - - 7,625,300
Debt Service
Library Bond 910,655 (311,374) 4,098 - - - 603,379
Arrowhead Bond (1,287,086) (144,241) - - - - (1,431,326) **
Debt Service Fund Total (376,431) (455,615) 4,098 - - - (827,947)
Internal Service Fund
Liability/Risk Management 643,207 54,888 66,486 (14,476) - - 750,105
Workers Compensation 224,868 24,361 - (5,396) - - 243,833
Office Support 162,213 10,717 1,443 (1,741) - - 172,632
Information Technology Services 710,691 243,105 1,168 (60,146) - - 894,819
Vehicle & Equipment Maintenance 268,387 (26,297) - (43,496) - - 198,594
Facility Maintenance 692,401 222,058 - (97,160) - - 817,299
Vehicle & Equipment Replacement 754,983 64,527 - - - - 819,509
Technology Replacement 908,565 121,273 - (651) - - 1,029,187
Facility FFE Replacement 855,962 197,626 - (13,821) - - 1,039,767
Internal Service Fund Total 5,221,277 912,258 69,097 (236,887) - - 5,965,745
Trust/Agency
WVCWP Agency Fund 651,922 (141,775) - (59,695) - - 450,452
Trust/Agency Fund Total 651,922 (141,775) - (59,695) - - 450,452
Capital Project
Street Projects 3,660,101 (1,333,489) 55,030 (196,271) 2,846,395 (57,395) 4,974,371
Park and Trail Projects 836,826 (258,715) - (85,121) 375,000 - 867,990
Facility Projects 492,336 30,883 15,954 1,923 - - 541,095
Administrative Projects 1,334,960 284,196 148,636 (22,336) 343,876 - 2,089,332
Tree Fine Projects 27,266 16,100 - (2,150) - - 41,216
Park In-Lieu Projects 1,048,701 358,535 32,343 (37,491) - - 1,402,088
CIP Grant Street Projects (81,233) 58,117 - (12,049) - - (35,164) *
CIP Grant Park & Trail Projects 90,000 1,166,019 - - - - 1,256,019
CIP Grant Administrative Projects (186,987) 23,764 15,000 (16,568) - - (164,791) *
CIP Grant ARPR/SLFRF Projects - (931,151) - (150,060) - - (1,081,211) *
Gas Tax Fund Projects (51,189) 1,220,157 132,130 - - - 1,301,099
CIP Fund Total 7,170,781 634,416 399,093 (520,123) 3,565,271 (57,395) 11,192,044
Total City 35,531,679 5,422,013 1,760,973 (3,009,835) 3,565,271 (3,565,271) 39,704,830
31
TABLE 2: FUND BALANCES BY CIP PROJECT
*Negative fund balance due to authorized spending of anticipated revenues
CIP Funds/Projects
Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
Jul-Apr
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
5/31/2024
Street Projects
Annual Road Improvements 853,356 (394,324) 55,030 (120,343) 1,337,000 (57,395) 1,673,324
Roadway Safety & Traffic Calming 212,585 (260,761) - - 150,000 - 101,824
Local Roadway Safety Plan 3,047 - - - - - 3,047
Traffic Signal Controller Upgrades 80,000 (36,830) - (19,066) - - 24,104
Safe Routes to School Implementation - (22,300) - (1,400) 160,000 - 136,300
Citywide Bikeways and Sidewalk Master Plan - - - - 57,395 - 57,395
Prospect/Saratoga Median Improvement 309,379 (2,625) - - - - 306,754
Village Clock 2,560 - - - - - 2,560
Annual Infrastructure Maintenance & Repairs 72,915 (246,504) - (2,005) 250,000 - 74,407
Guava Court Curb & Gutter Replacement 252,514 - - - - - 252,514
Annual Corrugated Pipe Rehabilitation Project - (50,176) - (41,176) 300,000 - 208,648
Saratoga Village Crosswalk & Sidewalk Rehabilitation 31,724 (4,793) - - - - 26,932
Quito Road Sidewalk Improvements 43,370 - - - - - 43,370
Saratoga/Sunnyvale Road Sidewalk 92,158 - - - - - 92,158
Saratoga Sunnyvale Rd. Pathway Rehab Cox to Railroad Crossing 50,000 (50,000) - - - - -
Quito Road Sidewalk Gap Closure Phase 1 182,609 - - - - - 182,609
Quito Road Sidewalk Rehabilitation Gap Closure Phase 2 300,000 - - - - - 300,000
Fourth Street Bridge Widening 95,813 (1,921) - (1,561) 42,000 - 134,331
Quito Road Bridge Replacement 127,478 - - - - - 127,478
Quito Road Bridge - ROW Acquisition 3,662 - - - - - 3,662
Bridge Rehabilitation Project Phase 1 350,000 - - - 350,000 - 700,000
Annual Retaining Wall Maintenance & Repairs 332,401 (229,432) - (3,568) 200,000 - 299,401
Mt. Eden Erosion Repair 45,344 (2,938) - (7,152) - - 35,254
Pierce Road Retaining Wall 36,881 (30,885) - - - - 5,996
Unallocated Street Funds 182,303 - - - - - 182,303
Total Street Projects 3,660,101 (1,333,489) 55,030 (196,271) 2,846,395 (57,395) 4,974,371
Parks & Trails Projects
Park/Trail Repairs 150,756 (193,570) - (50,388) 250,000 - 156,798
Hakone Gardens Infrastructure Improvements (12,010) (2,400) - (1,200) 25,000 - 9,390
Hakone Pond Reconstruction 300,000 - - - - - 300,000
Beauchamps Park Playground Replacement (3,945) - - - - - (3,945) *
Guava/Fredericksburg Entrance 87,035 (9,385) - - - - 77,650
Saratoga Village to Quarry Park Walkway - Design 228,989 - - - - - 228,989
Park and Trail Fire Mitigation - (53,360) - (33,533) 100,000 - 13,107
Unallocated Park Funds 86,000 - - - - - 86,000
Total Parks & Trails Projects 836,826 (258,715) - (85,121) 375,000 - 867,990
Facility Projects
Open Work Space 78,100 (1,600) - - - - 76,500
Civic Theater Improvements 27,240 20,641 - (1,087) - - 46,795
PEG Funded Project 189,312 29,390 15,954 - - - 234,655
Community Center Improvement 19,484 (9,417) - - - - 10,067
Community Center Generator and EV Charging Stations 163,201 (13,132) - 4,940 - - 155,008
Library Building Exterior Maintenance 15,000 5,000 - (1,930) - - 18,070
Total Facility Projects 492,336 30,883 15,954 1,923 - - 541,095
Administrative and Technology Projects
Safe Routes to School 158,755 - - - - - 158,755
City Website/Intranet 16,948 - - - - - 16,948
Software Technology Management 167,361 107,167 31,769 - - - 306,298
LLD Initiation Match Program (7,344) - - - - - (7,344) *
Horseshoe Beautification 8,237 (2,017) - (177) - - 6,043
Citywide Accessibility Assessment 26,116 (29,457) - - 100,000 - 96,658
City Art Program 78,669 - - - 25,000 - 103,669
Safe Routes to School Needs Assessment 15,748 (816) - - - - 14,932
El Quito Neighborhood Improvements 284,507 - - - - - 284,507
ADA Self Assessment 320,250 (9,000) - (9,500) - - 301,750
General Plan Update 234,195 218,319 116,867 (12,659) 218,876 - 775,598
Wildfire Mitigation Program 4,067 - - - - - 4,067
Unallocated Administrative Funds 27,452 - - - - - 27,452
Total Administrative and Technology Projects 1,334,960 284,196 148,636 (22,336) 343,876 - 2,089,332
32
TABLE 2 (cont.): FUND BALANCES BY CIP PROJECT
*Negative fund balance due to authorized spending of anticipated revenues
CIP Funds/Projects
Prior Year
Carryforward
7/1/2023
Increase/
(Decrease)
Jul-Apr
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
5/31/2024
Tree Fine Projects
Citywide Tree Planting Program 27,266 16,100 - (2,150) - - 41,216
Total Tree Fine Projects 27,266 16,100 - (2,150) - - 41,216
Park In-Lieu Projects
Orchard Irrigation & Tree Planting 3,237 - - - - - 3,237
Hakone Gardens Infrastructure 82,011 (39,783) - (13,383) - - 28,845
Hakone Gardens Neighbor Wood Fence Replacement 75,000 (69,250) - - - - 5,750
Quarry Park Maintenance Building Utility Project 35,000 - - (23,850) - - 11,150
EL Quito Park Pickleball 1,515 - - (258) - - 1,257
Joe's Trail Phase II 130,755 - - - - - 130,755
Joe's Trail Phase III 264,000 - - - - - 264,000
Trail Pet Stations 25,000 - - - - - 25,000
Saratoga Village to Quarry Park Walkway - Design 223,810 - - - - - 223,810
Village Oaks Bridge Reconstruction and Erosion Control 30,000 - - - - - 30,000
Hakone Gardens to Quarry Park Trail Gap Closure Phase 1 50,000 - - - - - 50,000
Park and Trail Fire Mitigation 100,000 (49,920) - - - - 50,080
Unallocated Park In-Lieu Funds 28,372 517,488 32,343 - - - 578,203
Total Park In-Lieu Projects 1,048,701 358,535 32,343 (37,491) - - 1,402,088
CIP Grant Street Projects
Local Roadway Safety Plan (4,882) - - - - - (4,882) *
Prospect/Saratoga Median Improvement (19,217) - - - - - (19,217) *
Citywide Signal Upgrade II 18 - - - - - 18
Saratoga Ave Sidewalk (34,146) - - - - - (34,146) *
Village Sidewalk, Curb & Gutter - Phase II Construction (91) - - - - - (91) *
Saratoga Village Crosswalk & Sidewalk Rehabilitation (834) - - - - - (834) *
4th Street Bridge (31,057) 58,117 - (12,049) - - 15,011 *
Quito Bridge Replacement 18,597 - - - - - 18,597
Quito Road Bridges - ROW Acquisition (9,619) - - - - - (9,619) *
Total CIP Grant Street Projects (81,233) 58,117 - (12,049) - - (35,164)
CIP Grant Park & Trail Projects
Blue Hills Elementary Pedestrian Crossing at UPPR - 1,200,000 - - - - 1,200,000
Park and Trail Fire Mitigation 90,000 (33,981) - - - - 56,019
Total CIP Grant Park & Trail Projects 90,000 1,166,019 - - - - 1,256,019
CIP Grant Administrative Projects
CDD Software/ADA 39,736 - - - - - 39,736
General Plan Update (LEAP)(226,723) 23,764 15,000 (16,568) - - (204,527) *
Total CIP Grant Administrative Projects (186,987) 23,764 15,000 (16,568) - - (164,791)
CIP Grant ARPA/SLFRF Projects
Park Sewer Lateral Replacement - (74,859) - (8,647) - - (83,506) *
Prospect Road Green Infrastructure (304,640) - - - - (304,640) *
Stormwater Pollution Prevention Program Compliance (SWPPP)- (38,526) - - - - (38,526) *
Saratoga Village Water Improvement - (190,479) - (141,332) - - (331,811) *
Guava Ct. Improvements and Green Stormwater Infrastructure (GSI)- (317,650) - (81) - - (317,731) *
Monta Vista Storm Drain Improvement - (4,997) - - - - (4,997) *
Total CIP Grant ARPA/SLFRF Projects - (931,151) - (150,060) - - (1,081,211)
Gas Tax Fund Projects
Annual Roadway Improvements (106,552) 1,220,157 132,130 - - - 1,245,736
Prospect/Saratoga Median Improvements 48,278 - - - - - 48,278
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects (51,189) 1,220,157 132,130 - - - 1,301,099
Total CIP Funds 7,170,781 634,416 399,093 (520,123) 3,565,271 (57,395) 11,192,044
33
CHART 1: CHANGE IN INVESTMENT POOL BALANCE BY MONTH
34
TABLE 3
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55 0.60 0.68
2017 0.78 0.92 1.07 1.20
2018 1.51 1.90 2.16 2.40
2019 2.55 2.57 2.45 2.29
2020 2.03 1.36 0.84 0.63
2021 0.44 0.33 0.24 0.23
2022 0.32 0.75 1.35 2.07
2023 2.74 3.15 3.59 4.00
2024 4.30
Quarterly Apportionment Rates
Local Agency Investment Fund
35
TABLE 4
March June September December
2019 2.50 2.37 2.06 1.69
2020 0.98 0.25 0.15 0.03
2021 0.05 0.03 0.03 0.03
2022 0.16 1.37 2.75 4.62
2023 4.59 5.06 5.44 5.69
2024 5.43
CalTRUST Liquidity Fund
Quarterly Yield Rates
36
SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Robby Balbuena, IT Analyst
Gina Scott, Administrative Analyst
SUBJECT: Award Copier Lease Agreement
RECOMMENDED ACTION:
Adopt the resolution to authorize the City Manager to enter into a five-year lease agreement with
Toshiba Business Solutions for the City’s copier fleet in the amount of $111,820.
BACKGROUND:
The City entered into a copier lease agreement for its fleet of four copiers in 2019, which expires
September 10, 2024.
The City received ten proposals in response to a Request for Proposals (RFP). Staff evaluated all
proposals and attended demonstrations for the top three qualified vendors – MRC/Xerox, Pacific
Office Automation, and Toshiba Business Solutions. Further evaluation determined that Toshiba
Business Solutions’ proposal best met the City’s needs.
The RFP for the new copier fleet lease agreement requested bids for two high-speed copiers to be
in the Administrative Services Lobby and the Community Development Copy Room, and two
mid-speed copiers for the Public Works Mail room and Corporation Yard. Additional staff
feedback led to changing the Public Works Mail room copier from a mid-speed to a high-speed
copier.
All proposal finalists were adjusted to reflect three high-speed copiers and one mid-speed copier
from their submitted proposed solutions. Although the MRC/Xerox proposal offered a lower
combined annual lease and usage cost, Toshiba’s copiers and overall proposal provided significant
benefits that outweigh the cost alone. These benefits include ease of use, excellent print quality
and performance, and quality customer service and technical support. Additionally, Toshiba’s
copiers included many features that staff feedback deemed valuable based on over ten years of
hands-on experience using Toshiba’s copiers.
37
Notable improvements to the new copiers include:
1. Faster print and copier speeds
2. Dedicated envelope feeders for all copier locations
3. Automatic toner replenishment from Toshiba
4. Physical keypads to improve ease of use when making copies and scans
Based on the evaluation of the proposals, staff recommends Toshiba Business Solutions’ proposal
for the City’s copier lease agreement.
FISCAL STATEMENT:
Adequate funds for the agreement with Toshiba are included in the 2024-25 Office Support budget.
The total contract amount for five years is approximately $111,820. Detailed costing can be found
on Attachment B – Cost Comparison of finalists.
ATTACHMENTS:
Attachment A – Resolution for Copier Lease
Attachment B –Cost comparison of finalists
Attachment C – Toshiba Contract
38
RESOLUTION NO. 24-____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO APPROVE A MULTI-FUNCTION PERIPHERALS FLEET LEASE WITH
TOSHIBA BUSINESS SOLUTIONS
WHEREAS, the current City’s Copier Lease expires in September of 2024; and
WHEREAS, the City issued a request for proposals for the replacement of the Copier Fleet which
included feedback from a staff user survey; and
WHEREAS, the City received ten proposals for the Multi-Function Peripherals Fleet Lease; and
WHEREAS, city staff provided due diligence in evaluating all proposals incorporating feedback
from references; and
WHEREAS, Toshiba Business Solutions was recommended by staff to be the best-suited to meet
the City’s leasing needs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
authorizes the City Manager to enter into a five-year lease agreement with Toshiba Business
Solutions detailed in Attachment C in the staff report for this matter and to carry out the City’s
obligations thereunder.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at
a regular meeting of the Saratoga City Council held on the 3rd day of July 2024 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Britt Avrit, City Clerk
39
MRC/Xerox
Toshiba
Business
Solutions
Pacific Office
Automation
Lease Cost
Annual Lease Total 6,881$ 9,818$ 9,293$
Usage Cost
Aproximate Annual Usage
B&W 150,000 150,000 150,000
Color 300,000 300,000 300,000
Cost Per Copy (CPC) Rate
B&W 0.0045$ 0.0045$ 0.0050$
Color 0.035$ 0.032$ 0.030$
Aproximate Annual Usage x CPC
B&W 675$ 675$ 750$
Color 10,500$ 9,600$ 9,000$
Total Usage Cost 11,175$ 10,275$ 9,750$
Combined Cost Lease + Usage
Annual Lease + Usage 18,056$ 20,093$ 19,043$
40
Document Checklist
Tax-Exempt Lease/Purchase Agreement – Execute signature block at the top of the first page of the Agreement.
Addendum to Tax-Exempt Lease/Purchase Agreement – If required by Lessor, this document must be executed in
the presence of an attester. The attesting witness does not have to be a notary but must be present at the time of
execution. The attester will execute the signature block below the Lessee’s signature block at the bottom right of the
page. If computation is required, please submit a copy of the computation test with the addendum.
Property Schedule – 1) If the transaction can be designated as a “bank qualified” transaction – one where Lessee
reasonably anticipates not issuing more than $10 million in tax-exempt obligations in a calendar year – then you should
initial the line under this section; and 2) execute the signature block at the bottom of the page. This document must
be executed in the presence of an attester. The attesting witness does not have to be a notary but must be present at
the time of execution.
Property Description – Exhibit A – Execute signature block at the bottom of the page.
Amortization and Lease Payment Schedule – Exhibit B – Execute signature block at the bottom of the page. Note
that the interest rate and Amortization and Lease Payment Schedule are effective so long as the Property is accepted
by 7/28/2024, after which the interest rate and Amortization and Lease Payment Schedule are subject to revision to
current market conditions at the actual time of acceptance.
Certificate of Acceptance – Exhibit C – 1) if billing address is different than address shown on the Agreement, fill in
billing information under # 2; 2) the date that all equipment is delivered, installed and accepted is the date that should be
placed on the “ACCEPTANCE DATE” line; and 3) execute signature block at the bottom of the page.
Lessee’s General and Incumbency Certificate – Exhibit D – The General Certificate must be signed by the person
signing the Agreement. The Incumbency Certificate must be signed by an officer other than the person signing the
Agreement.
Lessee’s Counsel’s Opinion – Exhibit E – If required by Lessor, this document will need to be executed by your
attorney, dated, and placed on his/her letterhead.
Insurance Authorization and Verification – To be filled out by Lessee and returned with the executed documents.
Notification of Tax Treatment – Please provide your State Sales/Use tax Exemption Certificate, if applicable.
Form 8038-GC or G – Blank form provided to Lessee. Please consult your local legal/bond counsel or tax consultant
with questions.
Original Documents – Lessor will require original documents, including original 8038 form, prior to funding.
Validation of Board Approval – If required by Lessor, a copy of board minutes or board resolution should be provided
showing approval of the contract.
Services and Supplies Rider – If Lessee has requested that Lessor, as a convenience to Lessee, invoice Lessee for
certain service and supply payments Lessee owes to Vendor, this document must be executed by Lessee in the presence
of an attester. The attesting witness does not have to be a notary but must be present at the time of execution.
41
Tax-Exempt Lease/Purchase Agreement APPLICATION NO.
3088713
ACCEPTED BY LESSOR: AGREED TO BY LESSEE:
FULL LEGAL NAME FULL LEGAL NAME
TOSHIBA FINANCIAL SERVICES CITY OF SARATOGA
STREET ADDRESS STREET ADDRESS
1310 Madrid Street, Suite 101 13777 FRUITVALE AVE
CITY STATE ZIP CITY STATE ZIP
Marshall MN 56258 SARATOGA CA 95070
SIGNATURE DATE SIGNATURE DATE
X
PRINT NAME PRINT NAME
TITLE TELEPHONE NUMBER TITLE TELEPHONE NUMBER
Doc Analyst (800) 828-8246 (408) 868-1216
AGREEMENT: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor all the Property described in Property Schedule incorporated herein by reference, upon the terms and
conditions set forth herein and as supplemented by the terms and conditions set forth in the Property Schedule. This Tax-Exempt Lease/Purchase Agreement together with the Property
Schedule shall be defined as the “Agreement.”
LEASE TERM: The Lease Term of the Property listed in the Property Schedule (the “Lease Term”) shall commence upon the commencement date of the Property Schedule (the
“Commencement Date”). The Lease Term shall consist of an original term (the “Original Term”), commencing on such Commencement Date and continuing through the end of Lessee’s then-
current fiscal year, and a series of successive renewal terms (each, a “Renewal Term”), each contemporaneous with Lessee’s budget year, with the final Renewal Term ending as provided in
the Property Schedule. This Agreement cannot be canceled or terminated by Lessee except as expressly provided herein. This Ag reement is a triple net lease.
LEASE PAYMENTS: Lessee shall pay rent to Lessor for the Property in the amounts, and on the dates specified, in the Property Schedule. Lessor and Lessee intend that the obligation of
Lessee to pay Lease Payments hereunder shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements
concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. The interest rate and
Amortization and Lease Payment Schedule are effective so long as the Property is accepted by 7/28/2024, after which the interest rate and Amortization and Lease Payment Schedule are
subject to revision to current market conditions at the actual time of acceptance.
NO OFFSET: SUBJECT TO THE RIGHT TO NON-APPROPRIATE, SET FORTH BELOW, THE OBLIGATIONS OF LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE PROPERTY
SCHEDULE AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED IN THIS AGREEMENT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL
EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS,
BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE'S
RIGHTS OR ACTIONS AGAINST ANY VENDOR. Lessee shall pay when due all taxes, fees and governmental charges assessed or levied ag ainst or with respect to the Property.
LATE CHARGES: Lessee shall pay a late charge of five cents per dollar or the highest amount permitted by applicable law, whichever is lower, on all delinquent Lease Payments and interest
on said delinquent amounts from the date such amounts were due until paid at the rate of 12% per annum or the maximum amount pe rmitted by law, whichever is less.
MAINTENANCE OF PROPERTY: At all times during the Lease Term, Lessee shall, at Lessee’s own cost and expense, maintain, preserve, and keep the Property in good working order, and
condition, and from time to time make or cause to be made all necessary and proper repairs, replacements, and renewals to the P roperty, which shall become part of the Property. The
Property is and will remain personal property.
INSURANCE OF PROPERTY: All risk of loss to the Property shall be borne by the Lessee. At all times during the Lease Term, Lessee shall, at Lessee’s own cost and expense, cause
casualty, public liability, and property damage insurance to be carried and maintained (or shall provide Lessor with a certificate stating that adequate self-insurance has been provided) with
respect to the Property, sufficient to protect the full replacement value of the Property and to protect from liability in all events for which insurance is customarily available. Lessee shall furnish
to Lessor certificates evidencing such coverage throughout the Lease Term. Any insurance policy to be carried and maintained pursuant to this Agreement shall be so written or endorsed as
to make losses, if any, payable to Lessee and Lessor as their respective interests may appear. All such liability insurance sh all name Lessor as an additional insured. Each insurance policy
carried and maintained pursuant to this Agreement shall contain a provision to the effect that the insurance company shall not cancel the policy or modify it materially or adversely to the
interest of the Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such change of stat us.
QUIET ENJOYMENT AND TERMINATION OF LESSOR'S INTEREST: To secure Lessee's obligations hereunder, Lessor is granted a security interest in the Property, including substitutions,
repairs, replacements and renewals, and the proceeds thereof, which is a first lien thereon. Lessee hereby authorizes Lessor to file all financing statements which Lessor deems necessary or
appropriate to establish, maintain and perfect such security interest. Provided there does not exist an Event of Default or Nonappropriation Event, as defined herein, the Lessee shall have
the right of quiet enjoyment of the Property throughout the Lease Term. If Lessee shall have performed all of its obligations and no default shall have occurred and be continuing under this
Agreement, and this Agreement shall not have been earlier terminated with respect to the Property, then, at the end of the Lease Term with respect to any item of Property, Lessor's interest
in such Property shall terminate. Unless otherwise required by law, title to the Property shall be in the name of Lessee, subject to Lessor's interest hereunder.
TAX EXEMPTION: The parties contemplate that interest payable under this Agreement will be excluded from gross income for federal income tax purposes under Section 103 of the Internal
Revenue Code of 1986, as amended (the "Code"). The tax-exempt status of this Agreement provides the inducement for the Lessor to offer financing at the interest rate set forth herein.
Therefore, should this Agreement be deemed by any taxing authority not to be exempt from taxation, Lessee agrees that the inter est rate shall be adjusted, as of the date of loss of tax
exemption, to an interest rate calculated to provide Lessor or its assignee an after tax yield equivalent to the tax exempt rate and Lessor shall notify Lessee of the taxable rate. Provided,
however, that the provision of the preceding sentence shall apply only upon a final determination that the interest payments are not excludable from gross income under Section 103(a) of the
Code, and shall not apply if the determination is based upon the individual tax circumstances of the Lessor, or a finding that the party seeking to exclude such payments from gross income is
not the owner and holder of the obligation under the Code.
REPRESENTATIONS AND WARRANTIES OF LESSEE: Lessee hereby represents and warrants to Lessor that: (a) Lessee is a State, possession of the United States, the District of
Columbia, or political subdivision thereof as defined in Section 103 of the Code and Treasury Regulations and Rulings related thereto, and if Lessee is incorporated, it is duly organized and
existing under the Constitution and laws of its jurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full
force and effect; (b) Lessee has been duly authorized by the Constitution and laws of the applicable jurisdiction and by a reso lution of its governing body (which resolution, if requested by
Lessor, is attached hereto), to execute and deliver this Agreement and to carry out its obligations hereunder; (c) all legal re quirements have been met, and procedures have been followed,
including public bidding, in order to ensure the enforceability of this Agreement; (d) the Property will be used by Lessee only for essential governmental or proprietary functions of Lessee
consistent with the scope of Lessee's authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use.
Lessee’s need for the Property is not expected to diminish during the term of the Agreement; (e) Lessee has funds available to pay Lease Payments until the end of its current appropriation
DATE
TITLE
PRINT NAME
42
period, and it intends to request funds to make Lease Payments in each appropriation period, from now until the end of the term of this Agreement; (f) Lessee shall comply at all times with all
applicable requirements of the Code, including but not limited to the registration and reporting requirements of Section 149, to maintain the federal tax-exempt status of the Agreement, and
Lessee shall maintain a system with respect to this Agreement, which tracks the name, and ownership interest of each assignee w ho has both the responsibility for administration of, and
ownership interest in this Agreement; (g) Lessee's exact legal name is as set forth on the first page of this Agreement. Lessee will not change its legal name in any respect without giving
thirty (30) days prior written notice to Lessor.
RISK OF LOSS COVENANTS: Lessee shall not be required to indemnify or hold Lessor harmless against liabilities arising from the Agreement. However, a s between Lessor and Lessee,
and to the extent permitted by law, Lessee shall bear the risk of loss for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or
losses arising under or related to the Property, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that Lessee shall not bear the risk of loss of, nor
pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after Lessee has surrendered possession of the Property in
accordance with the terms of the Agreement to Lessor or that arise directly from the gross negligence or willful misconduct of the Lessor.
NON-APPROPRIATION: If sufficient funds are not appropriated to make Lease Payments under this Agreement (such failure to appropriate, a “Nonappropriation Event”), this Agreement
shall terminate and Lessee shall not be obligated to make Lease Payments under this Agreement beyond the then current fiscal ye ar for which funds have been appropriated. Upon such a
Nonappropriation Event, Lessee shall, no later than the end of the fiscal year for which Lease Payments have been appropriated, deliver possession of the Property to Lessor. If Lessee fails
to deliver possession of the Property to Lessor, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion
of Lease Payments thereafter coming due that is attributable to the number of days after the termination during which the Lesse e fails to deliver possession and for any other loss suffered by
Lessor as a result of Lessee's failure to deliver possession as required. Lessee shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient
for the payment of the Lease Payments, but failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. A Nonappropriation Event shall not
constitute an Event of Default hereunder.
ASSIGNMENT BY LESSEE: Without Lessor's prior written consent, Lessee may not, by operation of law or otherwise, assign, transfer, pledge, hypothecate or otherwise dispose of the
Property, this Agreement or any interest therein.
ASSIGNMENT BY LESSOR: Lessor may assign, sell or encumber all or any part of this Agreement, the Lease Payments and any other rights or interests of Lessor hereunder without the
necessity of providing notice to or obtaining the consent of Lessee; provided that Lessee shall have no obligation to make paym ents to any assignee unless and until Lessee has received
notice of the name, address and tax identification number of the assignee. The initial Lessor or its assignee(s) shall maintai n a register of all assignees of this Agreement. To the extent
permitted by applicable law, such assignees may include trust agents for the benefit of holders of certificates of participation. Lessee agrees that if Lessor sells, assigns or transfers this
Agreement, Lessor’s assignee will have the same rights and benefits that Lessor has now and will not have to perform any of Lessor’s obligations. Lessee agrees that Lessor’s assignee
will not be subject to any claims, defenses, or offsets that Lessee may have against Lessor.
EVENTS OF DEFAULT: Lessee shall be in default under this Agreement upon the occurrence of any of the following events or conditions ("Events of Default"), unless such Event of Default
shall have been specifically waived by Lessor in writing: (a) default by Lessee in payment of any Lease Payment or any other i ndebtedness or obligation now or hereafter owed by Lessee to
Lessor under this Agreement or in the performance of any obligation, covenant or liability contained in this Agreement and the continuance of such default for ten (10) consecutive days after
written notice thereof by Lessor to Lessee, or (b) any warranty, representation or statement made or furnished to Lessor by or on behalf of Lessee proves to have been false in any material
respect when made or furnished, or (c) actual or attempted sale, lease or encumbrance of any of the Property, or the making of any levy, seizure or attachment thereof or thereon, or (d)
dissolution, termination of existence, discontinuance of the Lessee, insolvency, business failure, failure to pay debts as they mature, or appointment of a receiver of any part of the property
of, or assignment for the benefit of creditors by the Lessee, or the commencement of any proceedings under any bankruptcy, reor ganization or arrangement laws by or against the Lessee.
REMEDIES OF LESSOR: Upon the occurrence of any Event of Default and at any time thereafter, Lessor may, without any further notice, exercise one or more of the following remedies as
Lessor in its sole discretion shall elect: (a) terminate the Agreement and all of Lessee's rights hereunder as to any or all it ems of Property; (b) require Lessee, at Lessee’s expense, to return
any or all items of Property wherever found to Lessor at such place within the United States as Lessor may designate, and for this purpose Lessor may enter upon Lessee's premises where
any item of Property is located and remove such item of Property free from all claims of any nature whatsoever by Lessee and Lessor may thereafter dispose of the Property; provided,
however, that any proceeds from the disposition of the Property in excess of the sum required to (i) pay to Lessor an amount equal to the total unpaid principal component of Lease Payments
under the Property Schedule, including principal component not otherwise due until future fiscal years, (ii) pay any other amounts then due under the Property Schedule and this Agreement,
and (iii) pay Lessor's costs and expenses associated with the disposition of the Property and the Event of Default (including attorney’s fees), shall be paid to Lessee or such other creditor of
Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee, except with respect to Lessor’s costs and expenses associated with disposition
of the Property; (c) proceed by appropriate court action or actions to enforce performance by Lessee of its obligations hereund er or to recover damages for the breach hereof or pursue any
other remedy available to Lessor at law or in equity or otherwise; (d) declare all unpaid Lease Payments and other sums payable hereunder during the current fiscal year of the Lease Term
to be immediately due and payable without any presentment, demand or protest and / or take any and all actions to which Lessor shall be entitled under applicable law. No right or remedy
herein conferred upon or reserved to Lessor is exclusive of any right or remedy herein or at law or in equity or otherwise provided or permitted, but each shall be cumulative of every other
right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. Lessee and Lessor
hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement.
COSTS AND ATTORNEY FEES: Upon the occurrence of an Event of Default by Lessee in the performance of any term of this Agreement, Lessee agrees to pay to Lessor or reimburse
Lessor for, in addition to all other amounts due hereunder, all of Lessor's costs of collection, including reasonable attorney fees, whether or not suit or action is filed thereon. Any such costs
shall be immediately due and payable upon written notice and demand given to Lessee, shall be secured by this Agreement until p aid and shall bear interest at the rate of 12% per annum or
the maximum amount permitted by law, whichever is less. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover
from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums
provided by law.
NOTICES: All notices, and other communications provided for herein shall be deemed given when delivered or mailed by certified mail, postage prepaid, addressed to Lessor or Lessee at
their respective addresses set forth herein or such other addresses as either of the parties hereto may designate in writing to the other from time to time for such purpose.
AMENDMENTS: This Agreement may not be amended except in writing signed by both parties.
CONSTRUCTION: This Agreement shall be governed by and construed in accordance with the laws of the Lessee’s State. Titles of sections of thi s Agreement are for convenience only and
shall not define or limit the terms or provisions hereof. Time is of the essence under this Agreement. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee
and their respective successors and assigns. The parties agree that: (i) this Agreement may be simultaneously executed in several counterparts, all of which shall constitute but one and the
same instrument; (ii) this Agreement and any related documents hereto may be authenticated by electronic means; (iii) the “original” of this Agreement shall be the copy that bears Lessee’s
manual, facsimile, scanned or electronic signature and that also bears Lessor’s manually or electronically signed signature and is held or controlled by Lessor; and (iv) to the extent this
Agreement constitutes chattel paper (as defined by the UCC), a security interest may only be created in the original. Lessee agrees not to raise as a defense to the enforcement of this
Agreement or any related documents that either party executed or authenticated such documents by electronic or digital means or that Lessee used facsimile or other electronic means to
transmit its signature on such documents. Notwithstanding anything to the contrary herein, Lessor reserves the right to require Lessee to sign this Agreement or any related documents hereto
manually and to send to Lessor the manually signed, duly executed documents via overnight courier. The words “execution,” “signed,” “signature,” and words of like import in the Agreement
or any related document shall be deemed to include electronic signatures. Any provision providing that the Agreement or any related document may only be modified by written agreement
shall be deemed to include an agreement authenticated by electronic means and/or existing as an electronic record.
43
APPLICATION NO.
3088713
Property Schedule to Tax-Exempt Lease/Purchase Agreement
This Property Schedule is entered into pursuant to the Tax-Exempt Lease/Purchase Agreement between Lessor and Lessee.
1.Entire Agreement; Interpretation: The terms and conditions of the Tax-Exempt Lease/Purchase Agreement (the "Agreement") are incorporated
herein. The Agreement, this Property Schedule and the associated documents hereto constitute the entire agreement between Lessor and Lessee with
respect to the Property and supersede any purchase order, invoice, request for proposal, response or other related document.
2.Commencement Date: The Commencement Date of this Property Schedule is the date that Lessor pays Vendor for the Property. The interest rate and
Amortization and Lease Payment Schedule are effective so long as the Property is accepted by 7/28/2024, after which the interest rate and Amortization
and Lease Payment Schedule are subject to revision to current market conditions at the actual time of acceptance.
3.Property Description: The Property subject to this Property Schedule is described in Exhibit A, attached hereto. It includes all replacements, parts,
repairs, additions, accessions and accessories incorporated therein or affixed or attached thereto and any and all proceeds of the foregoing, including,
without limitation, insurance recoveries.
4.Term and Payments: Lease Term and Lease Payments are per the attached Exhibit B Amortization and Lease Payment Schedule. If the parties enter
into an escrow agreement for the acquisition of the Property, then the escrow agreement shall be attached hereto as Exhibit F and in lieu of the
Acceptance Date for commencement of Lease Payments, the date of deposit of the Property Cost into the escrow by Lessor shall be used. Lessee
shall have the option to prepay the Lease Payments due under this Property Schedule by paying the Termination Amount shown in the attached
Amortization and Lease Payment Schedule, plus any other amounts due and owing at the time of prepayment, subject to per diem adjustment. The
interest rate and Amortization and Lease Payment Schedule are subject to adjustment as provided in paragraph 2, above.
5.Certificate of Acceptance: Attached as Exhibit C, hereto.
6.Expiration: Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Agreement (including this
Property Schedule and all ancillary documents) are not received by Lessor at its place of business by 7/28/2024.
7.Property Cost: The total principal amount under this Property Schedule for the acquisition cost of the Property is $39,543.96.
8.Lessee’s General and Incumbency Certificate: Lessee has provided the Lessee’s General and Incumbency Certificate in the form attached as Exhibit
D, hereto.
9. Lessee’s Counsel’s Opinion: If required by Lessor, Lessee has provided the opinion of its legal counsel substantially in the form as attached as Exhibit
E, hereto.
10. Private Activity Issue: Lessee understands that among other things, in order to maintain the exclusion of the interest component of Lease Payments
from gross income for federal income tax purposes, it must limit and restrict the rights private businesses (including, for this purpose, the federal
government and its agencies and organizations described in the Code § 501(c)(3)) have to use the Property. Each of these requirements will be applied
beginning on the later of the Commencement Date or date each portion of the Property is placed in service and will continue to apply until earlier of the
end of the economic useful life of the Property or the date the Agreement or any tax-exempt obligation issued to refund the Property Schedule is retired
(the “Measurement Period”).
Lessee will comply with the requirements of Section 141 of the Code and the regulations thereunder which provide restrictions on special legal rights that
users other than Lessee or a state or local government or an agency or instrumentality of a state or a local government (an “Eligible User”) may have to
use the Property. For this purpose, special legal rights may arise from a management or service agreement, lease, research agreement or other
arrangement providing any entity except an Eligible User the right to use the Property. Any use of the Property by a user other than an Eligible User is
referred to herein as “Non-Qualified Use”.
Throughout the Measurement Period, all of the Property is expected to be owned by Lessee. Throughout the Measurement Period, Lessee will not
permit the Non-Qualified Use of the Property to exceed 10%.
11. Bank Qualification: Lessee designates this Agreement and Property Schedule as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B)
of the Internal Revenue Code of 1986, as amended. Lessee reasonably anticipates issuing tax-exempt obligations (excluding priv ate activity bonds other
than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calen dar year this Agreement
and Property Schedule was funded, in an amount not exceeding $10,000,000.
_____ Lessee initial here, if Bank Qualification is applicable.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized representatives.
TOSHIBA FINANCIAL SERVICES CITY OF SARATOGA
Lessor Lessee
X
Signature Date Signature Date
Doc Analyst
Print Name Title Print Name Title
X
Attest By Signature
Print Name Title
Date
Print Name Title
Print Name Title
44
REV 11/19
Tax-Exempt Lease/Purchase Agreement APPLICATION NO.
3088713
Addendum (California Judicial Reference)
THIS ADDENDUM, which is entered into between TOSHIBA FINANCIAL SERVICES (“Lessor”) and CITY OF SARATOGA ("Lessee"), is intended to modify and supplement
Property Schedule (the “Property Schedule”) to the Tax-Exempt Lease//Purchase Agreement or Master Tax-Exempt Lease//Purchase Agreement (as applicable) between
Lessor and Lessor dated as of __________________________ (the “Agreement”). Capitalized terms not otherwise defined herein shall have the meanings set forth in the
Agreement.
The parties wish to amend the above-referenced Agreement by adding the following language:
1. Any and all disputes, claims and controversies arising out of, connected with or relating to the Agreement or the transaction s contemplated thereby (individually, a
"Dispute") that are brought before a forum in which pre-dispute waivers of the right to trial by jury are invalid under applica ble law shall be subject to the terms contained
in this Addendum in lieu of the jury trial waiver otherwise provided in the Agreement. Disputes may include, without limitation, tort claims, counterclaims, claims brought
as class actions, claims arising from schedules, supplements, exhibits or other documents to the Agreement executed in the futu re, disputes as to whether a matter is
subject to judicial reference, or claims concerning any aspect of the past, present or future relationships arising out of or c onnected with the Agreement.
2. Any and all Disputes shall be heard by a referee and resolved by judicial reference pursuant to California Code of Civil Procedure (“CCCP”) §§ 638 et seq. The referee
shall be a retired California state court judge or an attorney licensed to practice law in the State of California with at least 10 years' experience practicing commercial
law. The parties shall not seek to appoint a referee that may be disqualified pursuant to CCCP §641 or 641.2 without the prior written consent of all parties. If the
parties are unable to agree upon a referee within 10 calendar days after one party serves a written notice of intent for judici al reference upon the other parties, then the
referee will be selected by the court in accordance with CCCP § 640(b).
3. The referee shall render a written statement of decision and shall conduct the proceedings in accordance with the CCCP, the Rules of Court, and the California Evidence
Code, except as otherwise specifically agreed by the parties and approved by the referee. The referee's statement of decision shall set forth findings of fact and
conclusions of law. The decision of the referee shall be entered as a judgment in the court in accordance with the provisions of CCCP §§644 and 645. The decision of
the referee shall be appealable to the same extent and in the same manner that such decision would be appealable if rendered by a judge of the superior court.
4. Notwithstanding the preceding agreement to submit Disputes to a judicial referee, the parties preserve, without diminution, certain rights and remedies at law or equity
and under the Agreement that such parties may employ or exercise freely, either alone or in conjunction with or during a Dispute. Each party shall have and hereby
reserves the right to proceed in any court of proper jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable: (A) all rights to foreclose
against any real or personal property or other security by exercising a power of sale granted in the Agreement or under applicable law or by judicial foreclosure and
sale, including a proceeding to confirm the sale, (B) all rights of self-help including peaceful occupation of property and col lection of rents, setoff, and peaceful possession
of property, (C) obtaining provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachmen t, appointment of receiver and in filing an
involuntary bankruptcy proceeding, and (D) when applicable, a judgment by confession of judgment. Preservation of these remedi es does not limit the power of a
judicial referee to grant similar remedies that may be requested by a party in a Dispute. No provision in the Agreement regarding submission to jurisdiction and/or venue
in any court is intended or shall be construed to be in derogation of the provisions in this Addendum for judicial reference of any Dispute. The parties do not waive any
applicable federal or state substantive law except as provided herein.
5. If a Dispute includes multiple claims, some of which are found not subject to this Addendum, the parties shall stay the proceedings of the claims not subject to this
Addendum until all other claims are resolved in accordance with this Addendum. If there are Disputes by or against multiple parties, some of which are not subject to
this Addendum, the parties shall sever the Disputes subject to this Addendum and resolve them in accordance with this Addendum.
6. During the pendency of any Dispute that is submitted to judicial reference in accordance with this Addendum, each of the parties to such Dispute shall bear equal shares
of the fees charged and costs incurred by the referee in performing the services described in this Addendum. The compensation of the referee shall not exceed the
prevailing rate for like services. The prevailing party shall be entitled to reasonable court costs and legal fees, including customary attorneys’ fees, expert witness fees,
paralegal fees, the fees of the referee and other reasonable costs and disbursements charged to the party by its counsel, in such amount as is determined by the
referee.
7. In the event of any challenge to the legality or enforceability of this Addendum, the prevailing party shall be entitled to r ecover the costs and expenses from the non-
prevailing party, including reasonable attorneys' fees, incurred by it in connection therewith.
8. THIS ADDENDUM CONSTITUTES A "REFERENCE AGREEMENT" BETWEEN THE PARTIES WITHIN THE MEANING OF AND FOR PURPOSES OF CCCP § 638.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Addendum to be executed in their names by their duly authorized represen tatives.
TOSHIBA FINANCIAL SERVICES CITY OF SARATOGA
Lessor Lessee
X
Signature Date Signature Date
Print Name Title Print Name Title
X
Attest By Signature
Print Name Title Print Name Title
Print Name Title
Date
45
REV 11/15
Tax-Exempt Lease/Purchase Agreement APPLICATION NO.
3088713
SERVICES AND SUPPLIES RIDER
This Services and Supplies Rider is entered into as of _________________, 20_______ (the “Rider”), between Toshiba Business Solutions
(“Vendor”), CITY OF SARATOGA (“Lessee”) and TOSHIBA FINANCIAL SERVICES (“Lessor”).
WHEREAS, Lessor and Lessee have entered into that certain Property Schedule, pursuant to the Tax-Exempt Lease/Purchase Agreement,
dated as of ______________________, 20_______ (the “Lease”), for the lease/purchase of certain property identified therein (the “Property”);
WHEREAS, the Property is being acquired from Vendor for the lease/purchase to Lessee under the Lease;
WHEREAS, Lessee has the obligation to maintain the Property under the Lease;
WHEREAS, Lessee wished to engage Vendor to provide certain services and supplies, set forth in Appendix A, hereto (the “Services and
Supplies”) for the compensation from Lessee to Vendor as set forth in Appendix A (the “Service and Supply Payments”);
WHEREAS, Lessee and Vendor wish for Lessor to invoice Lessee for the Service and Supply Payments with the invoicing of the Lease
Payments under the Lease, as well as to receive such Service and Supply Payments and forward the same to Vendor; and
WHEREAS, Lessor is willing to invoice the Service and Supply Payments with the invoicing of the Lease Payments under the Lease, as well as
to receive such Service and Supply Payments and forward the same to Vendor subject to the terms and conditions of this Rider.
NOW THEREFORE, Vendor, Lessee and Lessor agree as follows:
1. Vendor and Lessee represent and warrant that the description of the Services and Supplies and the Service and Supply Payments attached
hereto in Appendix A are true and correct. Vendor and Lessee covenant that Lessor shall be provided with a written copy of any amendment of
such Services and Supplies and Service and Supply Payments. Vendor and Lessee agree and understand that Lessor shall be invoicing the
Service and Supply Payments solely from the written information provided by Vendor and Lessee.
2. Subject to the terms and conditions of this Rider, Lessor agrees to bill and collect on behalf of Vendor the Service and Supply Payments as
set forth in Appendix A, and any sales tax due thereon, on the dates and with the invoicing of the Lease Payments. Lessor will report and remit
all sales tax collected on the Service and Supply Payments to the taxing authorities in Lessor’s name and will remit to Vendor the Service and
Supply Payments actually collected by Lessor on a daily basis (not including weekends or holidays). Payments to Vendor shall be made in
accordance with the written instructions on file with Lessor by Vendor. Vendor remains responsible for any income tax on its monthly receipts.
Lessor shall not invoice other amounts for Service and Supply Payments absent written instruction signed by Vendor and Lessee agreeing to
the revised Service and Supply Payments amounts. Vendor, at Vendor’s option, may bill Lessee for overage charges in which case any
reference to meter readings or overage charges in Appendix A shall not apply.
3. If the amounts received by Lessor from the Lessee are less than the total of the Lease Payments, the Service and Supply Payments and
other amounts due under the Lease, Lessor shall apply and remit monies actually collected in the following order: (i) past due Lease
Payments; (ii) current Lease Payments; (iii) past due Lessor fees and surcharges (excluding late fees); (iv) past due Service and Supply
Payments; (v) current Lessor fees and surcharges (excluding late fees); (vi) current Service and Supply Payments; (vii) past due Lessor late
fees; and, (viii) current Lessor late fees. Any sales tax due shall be applied at the time of the respective charges for which the sales tax is
applicable. Lessor reserves the right to adjust how Lessor will apply and remit monies. Any adjustment to how Lessor will apply and remit
collected monies shall be communicated to Vendor.
4. Lessor shall use commercially reasonable efforts to collect Service and Supply Payments on behalf of Vendor. If Lessor is unable to collect
a Lease Payment or a Service and Supply Payment from Lessee, or if there has been a default by Lessee under the Lease, Lessor may
request that Vendor assume billing and collection of the Service and Supply Payment due, including collecting, reporting and remitting (in
Vendor’s name) any sales or other taxes due thereon.
5. Lessee agrees and understands that Lessor is not providing any of the Services or Supplies and Lessee shall look solely to Vendor to
provide said Services and Supplies. Lessee agrees and understands that notwithstanding the engagement of Vendor to provide Services and
Supplies with respect to the Property that is under the Lease, and as between Lessee and Lessor, Lessee shall continue to be obligated to
provide for the maintenance of the Property in accordance with the terms and conditions of the Lease.
6. LESSEE AGREES AND UNDERSTANDS THAT, SUBJECT TO THE RIGHT TO NONAPPROPRIATE, THE OBLIGATIONS OF LESSEE
TO PAY THE LEASE PAYMENTS DUE UNDER THE LEASE AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND
AGREEMENTS CONTAINED IN THE LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT,
DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT
MIGHT ARISE BETWEEN THE PARTIES UNDER THIS RIDER.
7. With prior written notice, any of the parties may terminate this Rider, in which event Lessor shall provide a written accounting of the receipt
and remittal of Service and Supply Payments as of the date of said termination. Any attempt by Vendor to assign or convey its rights or
obligations under this Rider without Lessor’s consent shall be deemed a termination of this Rider by Vendor.
46
REV 11/15
8. Vendor hereby agrees to indemnify, defend and hold harmless Lessor and its affiliates, agents, contractors, employees, officers and
directors (“Lessor Indemnitees”) from and against, any and all liabilities, obligations, losses, damages, penalties, claims act ions, suits, costs,
expenses and disbursements (including, without limitation, reasonable attorneys’ fees and costs) of whatever kind or nature (“Claims”) imposed
or assumed by, incurred by or asserted against any Lessor Indemnitees related to or arising out of this Services and Supplies R ider.
9. This Rider constitutes the entire agreement between Vendor, Lessee and Lessor with respect to the Services and Supplies and the Service
and Supply Payments and this Rider may not be amended except in writing signed by all parties. This Rider shall be governed by and
construed in accordance with the laws of the Lessee’s state. This Rider may be simultaneously executed in counterparts; each shall be an
original with all being the same instrument.
IN WITNESS WHEREOF, Vendor, Lessor and Lessee have caused this Services and Supplies Rider to be executed in their names by their
duly authorized representatives.
TOSHIBA FINANCIAL SERVICES TOSHIBA BUSINESS SOLUTIONS
Lessor Vendor
X
Signature Signature
Print Name Title Print Name Title
CITY OF SARATOGA CITY OF SARATOGA
Lessee Attest
XX
Signature Signature
Print Name Title Print Name Title Print Name Title Print Name Title
47
REV 11/15
Appendix A
Description of Services and Supplies
Maintenance by Vendor during normal business hours, inspection, adjustment, parts replacement, drums, cleaning material required for
proper operation and black toner and developer.
Description of Service and Supply Payments
60
Monthly Service and Supply Payments of $
0.00
Service and Supply Payment includes
0
B&W Pages per month
Overage Charge: $
0.0045
per B&W page billed monthly
Service and Supply Payment includes
0
Color Pages per month
Overage Charge: $
0.032
per Color page billed monthly
Overage Charges: Lessee shall provide periodic meter readings on the Property. If Lessee makes more than the applicable included
pages in any period, Lessee agrees to pay an additional amount equal to the number of excess pages made during such period,
multiplied by the applicable overage charge. Regardless of the number of pages made each period, Lessee will never pay less th an the
Service and Supply Payment amount.
48
Exhibit A APPLICATION NO.
3088713
Property Description
VENDOR
TOSHIBA BUSINESS SOLUTIONS
STREET ADDRESS CITY STATE ZIP
12657 ALCOSTA BLVE STE 100 SAN RAMON CA 94583
PROPERTY DESCRIPTION
QUANTITY DESCRIPTION SERIAL NUMBER PROPERTY LOCATION
3 TOSHIBA ES 6525AC 13777 FRUITVALE AVE
SARATOGA, CA 95070
1 TOSHIBA ES3525AC 19700 ALLENDALE AVENUE
SARATOGA, CA 95070
LESSEE ACCEPTANCE
CITY OF SARATOGA X
NAME OF LESSEE SIGNATURE TITLE DATED TITLE DATED
49
Exhibit B APPLICATION NO.
3088713
Amortization and Lease Payment Schedule
Term: 60 months
Payment Structure: Monthly
Interest Rate: 8.86%
Beginning Balance includes $3,306.65 for sales tax.
If the Lease Payment Dates are not defined in this Amortization and Lease Payment Schedule, the first Lease Payment shall be du e 30
days after the Commencement Date and each subsequent Lease Payment shall be due monthly thereafter.
Payment
No.
Lease
Payment
Interest
Portion
Principal
Portion
Outstanding
Balance
Termination
Amount (After
Making Said
Payment)
Beginning
Balance 39,543.96
1 818.16 291.93 526.23 39,017.73 40,188.26
2 818.16 288.04 530.12 38,487.61 39,642.24
3 818.16 284.13 534.03 37,953.58 39,092.19
4 818.16 280.19 537.97 37,415.61 38,538.08
5 818.16 276.21 541.95 36,873.66 37,979.87
6 818.16 272.21 545.95 36,327.71 37,417.54
7 818.16 268.18 549.98 35,777.73 36,851.06
8 818.16 264.12 554.04 35,223.69 36,280.40
9 818.16 260.03 558.13 34,665.56 35,705.53
10 818.16 255.91 562.25 34,103.31 35,126.41
11 818.16 251.76 566.40 33,536.91 34,543.02
12 818.16 247.58 570.58 32,966.33 33,955.32
13 818.16 243.37 574.79 32,391.54 33,363.29
14 818.16 239.12 579.04 31,812.50 32,766.88
15 818.16 234.85 583.31 31,229.19 32,166.07
16 818.16 230.54 587.62 30,641.57 31,560.82
17 818.16 226.21 591.95 30,049.62 30,951.11
18 818.16 221.84 596.32 29,453.30 30,336.90
19 818.16 217.43 600.73 28,852.57 29,718.15
20 818.16 213.00 605.16 28,247.41 29,094.83
21 818.16 208.53 609.63 27,637.78 28,466.91
22 818.16 204.03 614.13 27,023.65 27,834.36
23 818.16 199.50 618.66 26,404.99 27,197.14
24 818.16 194.93 623.23 25,781.76 26,555.21
25 818.16 190.33 627.83 25,153.93 25,908.55
26 818.16 185.69 632.47 24,521.46 25,257.10
27 818.16 181.03 637.13 23,884.33 24,600.86
28 818.16 176.32 641.84 23,242.49 23,939.76
29 818.16 171.58 646.58 22,595.91 23,273.79
50
30 818.16 166.81 651.35 21,944.56 22,602.90
31 818.16 162.00 656.16 21,288.40 21,927.05
32 818.16 157.16 661.00 20,627.40 21,246.22
33 818.16 152.28 665.88 19,961.52 20,560.37
34 818.16 147.36 670.80 19,290.72 19,869.44
35 818.16 142.41 675.75 18,614.97 19,173.42
36 818.16 137.42 680.74 17,934.23 18,472.26
37 818.16 132.40 685.76 17,248.47 17,765.92
38 818.16 127.33 690.83 16,557.64 17,054.37
39 818.16 122.23 695.93 15,861.71 16,337.56
40 818.16 117.10 701.06 15,160.65 15,615.47
41 818.16 111.92 706.24 14,454.41 14,888.04
42 818.16 106.71 711.45 13,742.96 14,155.25
43 818.16 101.45 716.71 13,026.25 13,417.04
44 818.16 96.16 722.00 12,304.25 12,673.38
45 818.16 90.83 727.33 11,576.92 11,924.23
46 818.16 85.46 732.70 10,844.22 11,169.55
47 818.16 80.06 738.10 10,106.12 10,409.30
48 818.16 74.61 743.55 9,362.57 9,643.45
49 818.16 69.12 749.04 8,613.53 8,871.94
50 818.16 63.59 754.57 7,858.96 8,094.73
51 818.16 58.02 760.14 7,098.82 7,311.78
52 818.16 52.41 765.75 6,333.07 6,523.06
53 818.16 46.75 771.41 5,561.66 5,728.51
54 818.16 41.06 777.10 4,784.56 4,928.10
55 818.16 35.32 782.84 4,001.72 4,121.77
56 818.16 29.54 788.62 3,213.10 3,309.49
57 818.16 23.72 794.44 2,418.66 2,491.22
58 818.16 17.86 800.30 1,618.36 1,666.91
59 818.16 11.95 806.21 812.15 836.51
60 818.16 6.01 812.15 0.00 0.00
49,089.60 9,545.64 39,543.96
The interest rate and Amortization and Lease Payment Schedule are effective so long as the Property is accepted by 7/28/2024, after
which the interest rate and Amortization and Lease Payment Schedule are subject to revision to current market conditions at the actual
time of acceptance.
This Amortization and Lease Payment Schedule is hereby verified as correct by the undersigned, who acknowledges receipt of a copy.
LESSEE ACCEPTANCE
CITY OF SARATOGA X
NAME OF LESSEE SIGNATURE TITLE DATEDTITLEDATED
51
Exhibit C APPLICATION NO.
3088713
Certificate of Acceptance
This Certificate of Acceptance is pursuant to Tax-Exempt Lease/Purchase Agreement dated as of _______________________ and
the related Property Schedule, between Lessor and Lessee (the "Agreement").
1. Property Acceptance. Lessee hereby certifies and represents to Lessor that the Property referenced in the Agreement has been
acquired, made, delivered, installed and accepted as of the date indicated below. Lessee has conducted such inspection and/or
testing of the Property as it deems necessary and appropriate and hereby acknowledges that it accepts the Property for all
purposes. Lessee will immediately begin making Lease Payments in accordance with the times and amounts specified herein.
LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO
ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE
QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS
FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE
ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY DISCLAIMS THE
SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT
OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE.
2. Billing Address. If billing address differs from the address listed on the Tax-Exempt Lease/Purchase Agreement please list below:
BILLING NAME
STREET ADDRESS CITY STATE ZIP
The interest rate and Amortization and Lease Payment Schedule are effective so long as the Property is accepted by
7/28/2024, after which the interest rate and Amortization and Lease Payment Schedule are subject to revision to current market
conditions at the actual time of acceptance.
IN WITNESS WHEREOF, Lessee has caused this Certificate of Acceptance to be executed by their duly authorized representative.
Acceptance Date
CITY OF SARATOGA
Lessee
X
Signature
Print Name TitlePrint Name Title
Acceptance Date
52
Exhibit D APPLICATION NO.
3088713
Lessee’s General and Incumbency Certificate
GENERAL CERTIFICATE
Re: Tax-Exempt Lease/Purchase Agreement and Property Schedule dated as of _____________________, between CITY OF SARATOGA, as
Lessee (“Lessee”) and TOSHIBA FINANCIAL SERVICES as Lessor.
The undersigned, being the duly elected, qualified and acting official of Lessee holding the title stated in the signature line below, does hereby certify as
of the date of this Certificate and the date of the Agreement (as defined below), as follows:
1. If required by applicable law, Lessee did, at a meeting of the governing body of the Lessee, by resolution or ordinance duly enacted, in accordance
with all requirements of law, approve and authorize the execution and delivery of the above-referenced Property Schedule (the "Property Schedule")
and the Tax-Exempt Lease/Purchase Agreement (the “Agreement”) by the undersigned.
2. If the aforementioned meeting(s) was required by applicable law, the meeting(s) of the governing body of the Lessee at which the Agreement and
the Property Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite
quorum of the members thereof, and the enactment approving the Agreement and the Property Schedule and authorizing the execution thereof has
not been altered or rescinded. All meetings required by applicable law of the governing body of Lessee relating to the authorization and delivery of
Agreement and the Property Schedule have been: (a) held within the geographic boundaries of the Lessee; (b) open to the public, allowing all people
to attend; (c) conducted in accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the
Lessee, if any, and the laws of the State.
3. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or a
Nonappropriation Event (as such terms are defined in the Agreement) exists at the date hereof with respect to this Property Schedule under the
Agreement.
4. The acquisition of all of the Property under the Agreement and the Property Schedule has been duly authorized by the governing body of Lessee.
5. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the
Lease Payments scheduled to come due during the current budget year under the Agreement and the Property Schedule and to meet its other
obligations for the current budget year and such funds have not been expended for other purposes.
6. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the
delivery of the Agreement or the Property Schedule or of other agreements similar to the Agreement; (b) questioning the authori ty of Lessee to
execute the Agreement or the Property Schedule, or the validity of the Agreement or the Property Schedule, or the payment of principal of or interest
on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the
Agreement and the Property Schedule; or (d) affecting the provisions made for the payment of or security for the Agreement and the Property
Schedule.
IN WITNESS WHEREOF, the undersigned has signed this Certificate on the date stated below.
CITY OF SARATOGA X
Lessee Signature of Person to Sign Agreement Print Title of Person to Sign Agreement
Print Name of Person to Sign Agreement Print Date that Above Person Signed this Certificate
INCUMBENCY CERTIFICATE
Re: Tax-Exempt Lease/Purchase Agreement and Property Schedule dated as of ___________________, between CITY OF SARATOGA, as
Lessee (“Lessee”) and TOSHIBA FINANCIAL SERVICES as Lessor (“Agreement”).
The undersigned, being the duly elected, qualified and acting Secretary, Clerk, or other duly authorized official or signatory of the Lessee does hereby
certify, as of the date of this Certificate and the date of the Agreement (as defined in the General Certificate above), as follows:
As of the date of the meeting(s) of the governing body of the Lessee at which the above-referenced Agreement and the Property Schedule were approved
and authorized to be executed, and as of the date hereof, the below-named representative of the Lessee held and holds the office set forth below, and the
signature set forth below is his/her true and correct signature.
NAME
OF PERSON SIGNING AGREEMENT
TITLE
OF PERSON SIGNING
AGREEMENT
SIGNATURE
OF PERSON SIGNING AGREEMENT
X
IN WITNESS WHEREOF, the undersigned has signed this Certificate on the date stated below.
X
Signature of Secretary, Clerk or other duly authorized official or signatory of Lessee (Cannot be same as Person Signing Agreement) Print Title of Person who signed this Certificate
Print Name of Person Signing this Certificate Print Date that Above Person Signed this Certificate
Print Name of Person to Sign Agreement Print Date that Above Person Signed this Certificate
Print Title of Person to Sign Agreement
NAME TITLE
OF PERSON SIGNING AGREEMENT OF PERSON SIGNING
AGREEMENT
Print Title of Person who signed this Certificate
Print Name of Person Signing this Certificate Print Date that Above Person Signed this Certificate
53
APPLICATION NO.
3088713
Insurance Authorization and Verification
Re: Tax-Exempt Lease/Purchase Agreement dated as of _______________________, between Lessee and Lessor.
Lessor: TOSHIBA FINANCIAL SERVICES
1310 Madrid Street, Ste. 101
Marshall, MN 56258
Lessee: CITY OF SARATOGA
13777 FRUITVALE AVE
SARATOGA, CA 95070
TO THE LESSEE: In connection with the above-referenced Tax-Exempt Lease/Purchase Agreement and the Property Schedule
thereunder each dated _____________________ (the “Agreement”), Lessor requires proof in the form of this document, executed by
both Lessee* and Lessee’s agent, that Lessee's insurable interest in the financed property (the “Property”) meets Lessor’s requirements
as follows, with coverage including, but not limited to, fire, extended coverage, vandalism, and theft:
LESSOR, AND ITS SUCCESSORS AND ASSIGNS, shall be covered as both ADDITIONAL INSURED and LENDER'S LOSS
PAYEE with regard to all equipment financed or leased by policy holder through or from Lessor. All such insurance shall
contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice
thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification.
Lessee must carry GENERAL LIABILITY (and/or, for vehicles, Automobile Liability) in the amount of no less than
$1,000,000.00 (one million dollars).
Lessee must carry PROPERTY Insurance (or, for vehicles, Physical Damage Insurance) in an amount no less than the
'Insurable Value' $39,543.96, with deductibles no more than $10,000.00.
*Lessee: Please execute this form and return with your document package. Lessor will fax this form to your insurance agency for
endorsement. In lieu of agent endorsement, Lessee’s agency may submit insurance certificates demonstrating compliance with all
requirements. Should you have any questions, please contact TOSHIBA FINANCIAL SERVICES at 800-828-8246.
By signing, Lessee authorizes the Agent named below: 1) to complete and return this form as indicated; and 2) to endorse the
policy and subsequent renewals to reflect the required coverage as outlined above.
NAME OF AGENCY NAME OF AGENT
STREET ADDRESS CITY STATE ZIP
PHONE FAX E-MAIL
LESSEE ACCEPTANCE
CITY OF SARATOGA X
NAME OF LESSEE SIGNATURE TITLE DATED
TO THE AGENT: In lieu of providing a certificate, please execute this form in the space below and promptly fax it to Lessor at
866-405-8329. This fully endorsed form shall serve as proof that Lessee's insurance meets the above requirements.
Agent hereby verifies that the above requirements have been met in regard to the Property listed below.
AGENT ACCEPTANCE
X
NAME OF AGENCY SIGNATURE PRINT NAME DATED
Insurable Value: $39,543.96
ATTACHED: PROPERTY DESCRIPTION FOR THE AGREEMENT.
TITLE DATED
54
Form 8038-GC
(Rev. October 2021)
Information Return for Small Tax-Exempt
Governmental Bond Issues, Leases, and Installment Sales
Department of the Treasury
Internal Revenue Service
a Under Internal Revenue Code section 149(e)
Caution: If the issue price of the issue is $100,000 or more, use Form 8038-G.
a Go to www.irs.gov/Form8038GC for instructions and the latest information.
OMB No. 1545-0047
Part I Reporting Authority Check box if Amended Return a
1 Issuer’s name 2 Issuer’s employer identification number (EIN)
3 Number and street (or P.O. box if mail isn’t delivered to street address) Room/suite
4 City, town, or post office, state, and ZIP code 5 Report number (For IRS Use Only)
6 Name and title of officer or other employee of issuer or designated contact person whom the IRS may call for more information 7 Telephone number of officer or legal representative
Part II Description of Obligations Check one box: Single issue Consolidated return
8a Issue price of obligation(s) (see instructions) ...................8a
b Issue date (single issue) or calendar date (consolidated). Enter date in MM/DD/YYYY format (for
example, 01/01/2009) (see instructions) a
9 Amount of the reported obligation(s) on line 8a that is:
a For leases for vehicles ..........................9a
b For leases for office equipment ........................ 9b
c For leases for real property ......................... 9c
d For leases for other (see instructions) ......................9d
e For bank loans for vehicles .........................9e
f For bank loans for office equipment ...................... 9f
g For bank loans for real property .......................9g
h For bank loans for other (see instructions) ....................9h
i Used to refund prior issue(s) ........................9i
j Representing a loan from the proceeds of another tax-exempt obligation (for example, bond bank) .9j
k Other ................................ 9k
10 If the issuer has designated any issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check this box ....a
11 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check this box (see instructions) .......a
12 Vendor’s or bank’s name:
13 Vendor’s or bank’s employer identification number:
Signature
and
Consent
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and
belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to
process this return, to the person(s) that I have authorized above.
F
Signature of issuer’s authorized representative Date
F
Type or print name and title
Paid
Preparer
Use Only
Print/Type preparer’s name Preparer’s signature Date Check if
self-employed
PTIN
Firm’s name a Firm’s EIN a
Firm’s address a Phone no.
Future Developments
For the latest information about developments
related to Form 8038-GC and its instructions,
such as legislation enacted after they were
published, go to www.irs.gov/Form8038GC.
General Instructions
Section references are to the Internal Revenue
Code unless otherwise noted.
Purpose of Form
Form 8038-GC is used by the issuers of tax-
exempt governmental obligations to provide
the IRS with the information required by
section 149(e) and to monitor the
requirements of sections 141 through 150.
Who Must File
Issuers of tax-exempt governmental
obligations with issue prices of less than
$100,000 must file Form 8038-GC.
Issuers of a tax-exempt governmental
obligation with an issue price of $100,000 or
more must file Form 8038-G, Information
Return for Tax-Exempt Governmental Bonds.
Filing a separate return for a single issue.
Issuers have the option to file a separate
Form 8038-GC for any tax-exempt
governmental obligation with an issue price of
less than $100,000.
An issuer of a tax-exempt bond used to
finance construction expenditures must file a
separate Form 8038-GC for each issue to give
notice to the IRS that an election was made to
pay a penalty in lieu of arbitrage rebate. See
the instructions for line 11, later.
Filing a consolidated return for multiple
issues. For all tax-exempt governmental
obligations with issue prices of less than
$100,000 that aren’t reported on a separate
Form 8038-GC, an issuer must file a
consolidated information return including all
such issues issued within the calendar year.
Thus, an issuer may file a separate Form
8038-GC for each of a number of small issues
and report the remainder of small issues
issued during the calendar year on one
consolidated Form 8038-GC. However, if the
issue is a construction issue, a separate Form
8038-GC must be filed to give the IRS notice
of the election to pay a penalty in lieu of
arbitrage rebate.
For Paperwork Reduction Act Notice, see instructions.Cat. No. 64108B Form 8038-GC (Rev. 10-2021)
55
Form 8038-GC (Rev. 10-2021) Page 2
When To File
To file a separate return for a single issue, file
Form 8038-GC on or before the 15th day of
the 2nd calendar month after the close of the
calendar quarter in which the issue is issued.
To file a consolidated return for multiple
issues, file Form 8038-GC on or before
February 15 of the calendar year following the
year in which the issue is issued.
Late filing. An issuer may be granted an
extension of time to file Form 8038-GC under
section 3 of Rev. Proc. 2002-48, 2002-37
I.R.B. 531, if it is determined that the failure to
file on time isn’t due to willful neglect. Write at
the top of the form, “Request for Relief under
section 3 of Rev. Proc. 2002-48.” Attach to
the Form 8038-GC a letter briefly stating why
the form wasn’t submitted to the IRS on time.
Also, indicate whether the obligation in
question is under examination by the IRS.
Don’t submit copies of any bond documents,
leases, or installment sale documents. See
Where To File next.
Where To File
File Form 8038-GC and any attachments at
the following address.
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201
Private delivery services (PDS). You can use
certain PDS designated by the IRS to meet
the “timely mailing as timely filing/paying” rule
for tax returns and payments. These PDS
include only the following:
• DHL Express (DHL): DHL Same Day Service.
• Federal Express (FedEx): FedEx Priority
Overnight, FedEx Standard Overnight, FedEx
2Day, FedEx International Priority, and FedEx
International First.
• United Parcel Service (UPS): UPS Next Day
Air, UPS Next Day Air Saver, UPS 2nd Day
Air, UPS 2nd Day Air A.M., UPS Worldwide
Express Plus, and UPS Worldwide Express.
The PDS can tell you how to get written
proof of the mailing date.
Other Forms That May Be
Required
For rebating arbitrage (or paying a penalty in
lieu of arbitrage rebate) to the federal
government, use Form 8038-T, Arbitrage
Rebate, Yield Reduction and Penalty in Lieu
of Arbitrage Rebate. For private activity
bonds, use Form 8038, Information Return for
Tax-Exempt Private Activity Bond Issues.
For a tax-exempt governmental obligation
with an issue price of $100,000 or more, use
Form 8038-G.
Rounding to Whole Dollars
You may show the money items on this return
as whole-dollar amounts. To do so, drop any
amount less than 50 cents and increase any
amount from 50 to 99 cents to the next higher
dollar. For example, $1.49 becomes $1 and
$2.50 becomes $3. If two or more amounts
must be added to figure the amount to enter
on a line, include cents when adding the
amounts and round off only the total.
Definitions
Obligations. This refers to a single tax-
exempt governmental obligation if Form
8038-GC is used for separate reporting or to
multiple tax-exempt governmental obligations
if the form is used for consolidated reporting.
Tax-exempt obligation. This is any obligation
including a bond, installment purchase
agreement, or financial lease on which the
interest is excluded from income under
section 103.
Tax-exempt governmental obligation. A
tax-exempt obligation that isn’t a private
activity bond (see below) is a tax-exempt
governmental obligation. This includes a bond
issued by a qualified volunteer fire department
under section 150(e).
Private activity bond. This includes an
obligation issued as part of an issue in which:
• More than 10% of the proceeds are to be
used for any private activity business use, and
• More than 10% of the payment of principal
or interest of the issue is either (a) secured by
an interest in property to be used for a private
business use (or payments for such property)
or (b) to be derived from payments for
property (or borrowed money) used for a
private business use.
It also includes a bond, the proceeds of
which (a) are to be used to make or finance
loans (other than loans described in section
141(c)(2)) to persons other than governmental
units and (b) exceeds the lesser of 5% of the
proceeds or $5 million.
Issue. Generally, obligations are treated as
part of the same issue only if they are issued
by the same issuer, on the same date, and as
part of a single transaction, or a series of
related transactions. However, obligations
issued during the same calendar year (a)
under a loan agreement under which amounts
are to be advanced periodically (a “draw-
down loan”) or (b) with a term not exceeding
270 days, may be treated as part of the same
issue if the obligations are equally and ratably
secured under a single indenture or loan
agreement and are issued under a common
financing arrangement (for example, under the
same official statement periodically updated
to reflect changing factual circumstances).
Also, for obligations issued under a draw-
down loan that meets the requirements of the
preceding sentence, obligations issued during
different calendar years may be treated as
part of the same issue if all of the amounts to
be advanced under the draw-down loan are
reasonably expected to be advanced within 3
years of the date of issue of the first
obligation. Likewise, obligations (other than
private activity bonds) issued under a single
agreement that is in the form of a lease or
installment sale may be treated as part of the
same issue if all of the property covered by
that agreement is reasonably expected to be
delivered within 3 years of the date of issue of
the first obligation.
Arbitrage rebate. Generally, interest on a
state or local bond isn’t tax-exempt unless
the issuer of the bond rebates to the United
States arbitrage profits earned from investing
proceeds of the bond in higher yielding
nonpurpose investments. See section 148(f).
Construction issue. This is an issue of tax-
exempt bonds that meets both of the
following conditions:
1. At least 75% of the available
construction proceeds of the issue are to be
used for construction expenditures with
respect to property to be owned by a
governmental unit or a 501(c)(3) organization,
and
2. All of the bonds that are part of the issue
are qualified 501(c)(3) bonds, bonds that
aren’t private activity bonds, or private activity
bonds issued to finance property to be owned
by a governmental unit or a 501(c)(3)
organization.
In lieu of rebating any arbitrage that may be
owed to the United States, the issuer of a
construction issue may make an irrevocable
election to pay a penalty. The penalty is equal
to 1-1/2% of the amount of construction
proceeds that do not meet certain spending
requirements. See section 148(f)(4)(C) and the
Instructions for Form 8038-T.
Specific Instructions
In general, a Form 8038-GC must be
completed on the basis of available
information and reasonable expectations as of
the date of issue. However, forms that are
filed on a consolidated basis may be
completed on the basis of information readily
available to the issuer at the close of the
calendar year to which the form relates,
supplemented by estimates made in good
faith.
Part I—Reporting Authority
Amended return. An issuer may file an
amended return to change or add to the
information reported on a previously filed
return for the same date of issue. If you are
filing to correct errors or change a previously
filed return, check the Amended Return box in
the heading of the form.
The amended return must provide all the
information reported on the original return, in
addition to the new corrected information.
Attach an explanation of the reason for the
amended return and write across the top
“Amended Return Explanation.”
Line 1. The issuer’s name is the name of the
entity issuing the obligations, not the name of
the entity receiving the benefit of the
financing. In the case of a lease or installment
sale, the issuer is the lessee or purchaser.
Line 2. An issuer that doesn’t have an
employer identification number (EIN) should
apply for one online by visiting the IRS
website at www.irs.gov/EIN. The organization
may also apply for an EIN by faxing or mailing
Form SS-4 to the IRS.
Lines 3 and 4. Enter the issuer’s address or
the address of the designated contact person
listed on line 6. If the issuer wishes to use its
own address and the issuer receives its mail
in care of a third party authorized
representative (such as an accountant or
attorney), enter on the street address line
“C/O” followed by the third party’s name and
street address or P.O. box. Include the suite,
room, or other unit number after the street
address. If the post office doesn’t deliver
56
Form 8038-GC (Rev. 10-2021) Page 3
mail to the street address and the issuer has a
P.O. box, show the box number instead of the
street address. If a change in address occurs
after the return is filed, use Form 8822,
Change of Address, to notify the IRS of the
new address.
Note: The address entered on lines 3 and 4 is
the address the IRS will use for all written
communications regarding the processing of
this return, including any notices. By
authorizing a person other than an authorized
officer or other employee of the issuer to
communicate with the IRS and whom the IRS
may contact about this return, the issuer
authorizes the IRS to communicate directly
with the individual listed on line 6, whose
address is entered on lines 3 and 4 and
consents to disclose the issuer’s return
information to that individual, as necessary, to
process this return.
Line 5. This line is for IRS use only. Don’t
make any entries in this box.
Part II—Description of Obligations
Check the appropriate box designating this as
a return on a single issue basis or a
consolidated return basis.
Line 8a. The issue price of obligations is
generally determined under Regulations
section 1.148-1(b). Thus, when issued for
cash, the issue price is the price at which a
substantial amount of the obligations are sold
to the public. To determine the issue price of
an obligation issued for property, see sections
1273 and 1274 and the related regulations.
Line 8b. For a single issue, enter the date of
issue (for example, 03/15/2020 for a single
issue issued on March 15, 2020), generally
the date on which the issuer physically
exchanges the bonds that are part of the
issue for the underwriter’s (or other
purchaser’s) funds; for a lease or installment
sale, enter the date interest starts to accrue.
For issues reported on a consolidated basis,
enter the first day of the calendar year during
which the obligations were issued (for
example, for calendar year 2020, enter
01/01/2020).
Lines 9a through 9h. Complete this section if
property other than cash is exchanged for the
obligation, for example, acquiring a police car,
a fire truck, or telephone equipment through a
series of monthly payments. (This type of
obligation is sometimes referred to as a
“municipal lease.”) Also, complete this section
if real property is directly acquired in
exchange for an obligation to make periodic
payments of interest and principal.
Don’t complete lines 9a through 9d if the
proceeds of an obligation are received in the
form of cash even if the term “lease” is used
in the title of the issue. For lines 9a through
9d, enter the amount on the appropriate line
that represents a lease or installment
purchase. For line 9d, enter the type of item
that is leased. For lines 9e through 9h, enter
the amount on the appropriate line that
represents a bank loan. For line 9h, enter the
type of bank loan.
Lines 9i and 9j. For line 9i, enter the amount
of the proceeds that will be used to pay
principal, interest, or call premium on any
other issue of bonds, including proceeds that
will be used to fund an escrow account for
this purpose. Several lines may apply to a
particular obligation. For example, report on
lines 9i and 9j obligations used to refund prior
issues which represent loans from the
proceeds of another tax-exempt obligation.
Line 9k. Enter on line 9k the amount on line
8a that doesn’t represent an obligation
described on lines 9a through 9j.
Line 10. Check this box if the issuer has
designated any issue as a “small issuer
exception” under section 265(b)(3)(B)(i)(III).
Line 11. Check this box if the issue is a
construction issue and an irrevocable election
to pay a penalty in lieu of arbitrage rebate has
been made on or before the date the bonds
were issued. The penalty is payable with a
Form 8038-T for each 6-month period after
the date the bonds are issued. Don’t make
any payment of penalty in lieu of rebate with
Form 8038-GC. See Rev. Proc. 92-22,
1992-1 C.B. 736, for rules regarding the
“election document.”
Line 12. Enter the name of the vendor or bank
who is a party to the installment purchase
agreement, loan, or financial lease. If there are
multiple vendors or banks, the issuer should
attach a schedule.
Line 13. Enter the employer identification
number of the vendor or bank who is a party
to the installment purchase agreement, loan,
or financial lease. If there are multiple vendors
or banks, the issuer should attach a schedule.
Signature and Consent
An authorized representative of the issuer
must sign Form 8038-GC and any applicable
certification. Also, write the name and title of
the person signing Form 8038-GC. The
authorized representative of the issuer signing
this form must have the authority to consent
to the disclosure of the issuer’s return
information, as necessary to process this
return, to the person(s) that has been
designated in this form.
Note: If the issuer authorizes on line 6 the IRS
to communicate with a person other than an
officer or other employee of the issuer (such
authorization shall include contact both in
writing regardless of the address entered on
lines 3 and 4, and by telephone), by signing
this form, the issuer’s authorized
representative consents to the disclosure of
the issuer’s return information, as necessary
to process this return, to such person.
Paid Preparer
If an authorized representative of the issuer
filled in its return, the paid preparer’s space
should remain blank. Anyone who prepares
the return but does not charge the
organization shouldn’t sign the return. Certain
others who prepare the return shouldn’t sign.
For example, a regular, full-time employee of
the issuer, such as a clerk, secretary, etc.,
shouldn’t sign.
Generally, anyone who is paid to prepare a
return must sign it and fill in the other blanks
in the Paid Preparer Use Only area of the
return. A paid preparer cannot use a social
security number in the Paid Preparer Use Only
box. The paid preparer must use a preparer
tax identification number (PTIN). If the paid
preparer is self-employed, the preparer
should enter his or her address in the box.
The paid preparer must:
• Sign the return in the space provided for the
preparer’s signature, and
• Give a copy of the return to the issuer.
Paperwork Reduction Act Notice
We ask for the information on this form to
carry out the Internal Revenue laws of the
United States. You are required to give us the
information. We need it to ensure that you are
complying with these laws.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB control
number. Books or records relating to a form
or its instructions must be retained as long as
their contents may become material in the
administration of any Internal Revenue law.
Generally, tax returns and return information
are confidential, as required by section 6103.
The time needed to complete and file this
form will vary depending on individual
circumstances. The estimated burden for tax
exempt organizations filing this form is
approved under OMB control number
1545-0047 and is included in the estimates
shown in the instructions for their information
return.
If you have suggestions for making this
form simpler, we would be happy to hear from
you. You can send us comments through
www.irs.gov/FormComments. Or you can
write to:
Internal Revenue Service
Tax Forms and Publications
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224
Do not send Form 8038-GC to this
address. Instead, see Where To File, earlier.
57
SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:Administrative Services Department
PREPARED BY:Monica LaBossiere, Human Resources Manager
SUBJECT:Extension of the agreement with Disability Access Consultants (DAC) until
December 31, 2024
RECOMMENDED ACTION:
Authorize the City Manager to execute a contract extension with Disability Access Consultants
(DAC) for Americans with Disability Act (ADA) Self-Evaluation and Transition Plan until
December 31, 2024.
BACKGROUND:
Part 35.02 of Title II of the ADA outlines the application of the ADA and Section 504 of the
Rehabilitation Act, requiring state and local governments to ensure their facilities, public rights-
of-way, policies, procedures, and practices are accessible and non-discriminatory towards persons
with disabilities.
On May 17, 2023, the Council authorized the City Manager to execute an agreement with DAC to
prepare an updated ADA Self-Evaluation and Transition Plan for the City, not to exceed $33,500.
This extension will provide additional time for the City and DAC to finalize the policy and provide
staff training. There are no other changes to the contract terms.
ATTACHMENTS:
Attachment A - Original 2023 contract with DAC
Attachment B - Amendment to existing contract
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
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Contractor: Project:
Rev. 5/2023 City of Saratoga Contract Amendment Page 1 of 2
City of Saratoga
Contract Amendment
This Contract Amendment is made at Saratoga, California by and between the City of Saratoga,
a municipal corporation ("City"), and _______________________________
("Contractor"), who agree that:
1. City and Contractor entered into an agreement dated ___________________
for _______________________________________________
(“Original Agreement”) and wish to amend the Original Agreement as set forth in the provisions
checked below. Terms not defined in this Contract Amendment shall have the meaning used in
the Original Agreement and the provisions of the Original Agreement shall apply to interpretation
and enforcement of this Contract Amendment.
Amended Term.
The Term of the Original Agreement commenced on the Effective Date and is hereby
extended through ___________________ (insert new termination date) or the
completion of the project, whichever occurs first, unless it is further extended by written
mutual agreement between the parties, provided that the parties retain the right to
terminate this Agreement as provided in Exhibit C to the Original Agreement.
Amended Scope of Work.
The Scope of Work terms included as Exhibit(s) ______________________
to the Original Agreement are hereby:
supplemented with additional Scope of Works terms included as Exhibit ______
to this Contract Amendment;
AND/OR extended to include providing the ongoing services referenced in the
Original Agreement for the duration of the amended term.
Amended Payment Terms.
The first sentence of section 3 of the Original Agreement setting forth the maximum
contract payment is hereby replaced with the following:
City shall pay Contractor for work product produced pursuant to this agreement an
amount not to exceed the total sum of
$_______________________________________________
for work to be performed and any authorized reimbursable costs.
AND/OR See Exhibit(s) ______
2. All other provisions of the Original Agreement remain unchanged by this Contract
Amendment.
85
Contractor: Project:
Rev. 5/2023 City of Saratoga Contract Amendment Page 2 of 2
3. Exhibits. All attachments to this agreement are by this reference incorporated herein and
made a part of this agreement.
Additional Exhibits:
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
Contractor City of Saratoga
Signature City Manager
Date:
Signer Name
ATTEST:
Signer Title
Date: City Clerk
Contract Description: Date:
APPROVED AS TO FORM:
City Attorney’s Office
Date:
86
SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Leo Salindong, IT Manager
SUBJECT:Contract for IT Support Services with ZAG Technical Services
RECOMMENDED ACTION:
Authorize the City Manager to execute a three-year contract agreement with ZAG Technical
Services (ZAG) for IT Support Services.
BACKGROUND:
The City of Saratoga began using ZAG in 2006, to provide high-level technical assistance in the
implementation of several IT projects, including server infrastructure setup, virtualization,
network topology, security enhancements, emergency support services, data backup solutions,
cloud service, and cybersecurity.
Accessibility to ZAG’s diverse base of knowledge, skillsets, support services, and new technology
information is a critical component to comprehensively managing the City’s IT Services, which is
managed internally by two City staff.
Having access to this high level of expertise helps to prevent or minimize potential IT issues, such
as security breaches or data loss, and to assist in making informed decisions to keep the City’s
network data secure.
FISCAL IMPACT:
Funding for this agreement with ZAG is included in the fiscal year 2024-25 IT Services budget.
The total contract amount for three years is $225,000, with an amount not to exceed $75,000 per
fiscal year.
ATTACHMENT:
Attachment A – ZAG Technical Services Agreement
87
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Rev. 5/2023 City of Saratoga Services Contract Page 1 of 3
City of Saratoga
Standard Services Contract
This agreement is entered into at Saratoga, California by and between the City of Saratoga, a
municipal corporation (“City”), and ______________________________________
(“Consultant”), who agree that:
1. Purpose of Contract.
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A of this agreement
(“Scope of Work and Payment Terms”). In the event of a conflict between (1) the “Scope of
Work and Payment Terms” in Exhibit A or any of the exhibits included in Exhibit A and (2)
the other terms of this agreement, the other terms of the agreement shall govern.
2. Term.
Start Date: End Date:
(If Start Date is left blank, start date will be
date last signed below.)
Or upon project completion, whichever
occurs first.
3. Payment. City shall pay Consultant for work product produced and any authorized
reimbursable costs pursuant to this agreement an amount not to exceed the total sum of:
$___________________________________________________.
If this contract is for more than one year, the maximum payment amount for each year is set
forth in Exhibit A.
Consultant agrees to comply with payment terms set forth in Exhibit A. Consultant is not
authorized to undertake any efforts or incur any costs whatsoever under the terms of this
agreement until receipt from City of a fully executed copy of this agreement.
4. Contract Administration. The authorized representatives of City and Consultant for
Contract administration are listed below. The City’s Primary Representative is the Administrator.
Consultant :
Consultant Name:
Contact Person:
Street Address:
88
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Rev. 5/2023 City of Saratoga Services Contract Page 2 of 3
City, State, Zip:
Telephone(s):
Email Address:
Saratoga Business
Lic. #:
(Contractor shall maintain a Saratoga Business License for the Term of this agreement)
City of Saratoga
Department:
Primary
Representative:
Street Address:
City, State, Zip:
Telephone:
Email Address:
5. Addresses for Notice. Notices or communications shall be given to the parties at the
addresses set forth in Section 4 (“Contract Administration”) unless otherwise designated in a
written notice to the other party. In addition, notices to City shall be copied to:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
6. Change of Address. 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
communication shall be given.
7. Insurance. Consultant agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B (“Insurance”). Certificates of such insurance and copies of the
insurance policies and endorsements shall be delivered to City within ten (10) days after being
notified of the award of the contract, and before execution of this agreement by the City.
8. General Provisions. City and Consultant agree to and shall abide by the general
provisions set forth in Exhibit C (“General Provisions”).
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9. Supplemental Provisions. If one or both boxes are checked below this agreement
includes supplemental provisions described in connection with the checked box(es):
This agreement is funded in whole or in part by an entity other than City. Consultant shall
comply with all rules and regulations required by such funding entity. Applicable funding
entity requirements are set forth in Exhibit D (“Funding Agency Requirements”).
Nothing in this paragraph or in the funding entity requirements shall be construed to
relieve Consultant of its duty to ensure that it is in compliance with all applicable laws
and regulations.
Exhibit E (“Special Requirements”) sets forth provisions regarding:
10. 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.
11. Entire agreement. This agreement supersedes any and all agreements, either oral or
written, between the parties with respect to Consultant’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. No amendment, alteration, or
variation of the terms of this agreement shall be valid unless made in writing and signed by the
parties hereto.
12. Authority to Execute agreement. Each individual executing this agreement represents
that he or she is duly authorized to sign and deliver the agreement on behalf of the party
indicated and that this agreement is binding on such party in accordance with its terms. This
agreement may be executed in counterparts, each of which shall be deemed an original, but all of
which taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Consultant City of Saratoga
Signature City Manager
Date:
Signer Name
ATTEST:
Signer Title
Date: City Clerk
Contract Description: Date:
APPROVED AS TO FORM:
City Attorney’s Office
Date:
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City of Saratoga Services Contract
Exhibit A – Scope of Work and Payment Terms
Consultant shall complete the scope of work and invoice the City in accordance with the
payment terms shown below:
AND/OR See Exhibit(s) A- incorporated by this reference.
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Payment Terms:
The payments specified in this paragraph shall be the only payments to be made to Consultant in
connection with Consultant’s completion of the Scope of Work pursuant to this agreement.
Reimbursable expenses shall be billed only at their actual cost. Consultant shall submit all
billings to City and City shall pay such billings in the manner specified in this paragraph.
Payment shall be made payable to Consultant and delivered to the address specified in Section 4
on pages 1 and 2 of this agreement. The making of any payment by City, or the receipt thereof
by the Consultant, shall in no way lessen the liability of the Consultant to correct or revise
unsatisfactory work, even though the unsatisfactory character of such work may not have been
apparent or detected at the time such payment was made. City may withhold payment to
Consultant in any instance in which the Consultant has failed or refused to satisfy any material
obligation provided for in this agreement. In no event shall City be liable for interest or late
charges for any late payments. Consultant shall submit invoices, not more often than once a
month during the term of this agreement, based on the cost for work performed in accordance
with the either the hourly rates or task-based rates in the Scope of Work and authorized
reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following
information:
1.1 Serial identifications of bills, i.e., Bill No. 1;
1.2 The beginning and ending dates of the billing period;
1.3 A summary containing the total contract amount, the amount of prior billings, the
total due this period, percentage of work completed, the remaining balance
available for all remaining billing periods, and a brief description of work
completed during the billing period.
City shall make monthly payments, based on such invoices, for satisfactory progress in
completion of the Scope of Work, and for authorized reimbursable expenses incurred. City shall
not be obligated to pay Consultant for work performed that falls outside the Scope of Work.
-End of Exhibit A -
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Exhibit A-1
Scope of Work
Contractor shall complete the following scope of work:
Emergency Support Services
On a continuous basis, Contractor shall provide a dedicated telephone number with voice mail
messaging and pager service, for the purpose of City contacting Contractor’s support
professional. Contractor shall provide professional telephone support services within 2 hours of
City contacting dedicated telephone number. Contractor may limit the number of City Staff
allowed to call emergency support services to no less than 4 staff members, as designated by
City. For a critical emergency, which shall be defined to include any failure of the City’s
network hardware or software that causes a substantial reduction in the effective operations of
the City’s computer network, Contractor shall dispatch qualified staff to City Hall for arrival
within 4 hours of City contacting dedicated telephone number.
Other Support Services
Contractor agrees to provide support for network, server, and PC, hardware and software,
installations, maintenance, upgrades, troubleshooting, and special projects at the request of the IT
Manager or designee.
Rate Schedule for City of Saratoga
Resource Level Rate per Hour
Senior Solution Architect $300
Solution Architect $250
System Engineer II $205
System Engineer I $195
Normal Hours – 6:00 AM to 5:00 PM
(Occasional work before 8:00 AM allowed at normal hourly rate to minimize network
disturbance, at ZAG’s discretion.)
Minimum phone support time will be ¼ hour per call, at above rates.
Overtime will be billed as follows:
Weekdays 5:00 PM to 7:00 PM Time and one-half
Weekdays 7:00 PM to 6:00 AM Double Time
Weekends and City Holidays Double Time
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City of Saratoga Design Services Contract
Exhibit B – Insurance
The insurance requirements listed below that have an “” indicated in the space before the
requirement apply to this agreement together with the general requirements.
Modifications to the below requirements are shown in Exhibit E (“Special
Requirements”).
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 the Primary Representative listed in section 4 on page 2. During the term of this
agreement Contractor shall ensure that its broker(s)/agent(s) provide the Primary Representative
with updated certificates of insurance reflecting continued satisfaction of the requirements of this
agreement together with updated endorsements in the event of a change in the underlying
insurance policy(ies), with copies emailed to cityhall@saratoga.ca.us.
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of
all required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work
commences.
Insurance Requirements
Commercial General Liability Insurance covering commercial general liability on an
“occurrence” basis, including products and completed operations, property damage,
bodily injury, personal injury, and advertising injury with coverage minimum limits of
$2,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
Auto Liability Insurance with coverage as indicated:
$1,000,000 combined single limit for bodily injury and property damage
$500,000 combined single limit for bodily injury and property damage
Professional/Errors and Omissions Liability (“E&O”) with coverage as indicated:
$1,000,000 per loss/ $1,000,000 aggregate
$2,000,000 per loss/ $2,000,000 aggregate
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Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for
bodily injury or disease. Contractor shall submit to City a waiver of subrogation
endorsement in favor of City, its officers, officials, agents, employees, and volunteers.
If Contractor is not required to maintain Workers’ Compensation Insurance pursuant to
State law, Contractor shall file a verification of that fact with the Primary Representative.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Additional Insured Status and Primary Coverage. Contractor shall submit to City
an additional insured endorsement for its Commercial General Liability policy with
coverage at least as broad as ISO form CG 20 10 for ongoing operations, and coverage at
least as broad as ISO Form CG 20 37 for completed operations. For Auto Liability, the
policy shall contain, or be endorsed to contain, additional insured coverage for the City, its
officers, officials, employees, agents and volunteers. Any available insurance proceeds broader
than or in excess of the minimum insurance coverage requirements and/or limits specified in this
agreement shall be available to the additional insured. The requirements for coverage and limits
shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater. The additional insured coverage under Contractor’s policy
shall be ''primary and non-contributory" and will not seek contribution from the City’s insurance
or self-insurance and shall be at least as broad as ISO Form CG 20 01 04 13 and CG 20 38 04 13.
This requirement does not apply to errors and omissions insurance. 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. Separation of Insureds. 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. Deductibles and Self Insured Retentions. Any deductibles or self-insured 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 self-insured 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.
4. Umbrella or Excess Insurance. The limits of insurance required in this agreement may
be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written
contract or agreement) before the City’s own insurance or self-insurance shall be called upon to
protect it as a named insured.
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5. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to
subrogation which any insurer of Contractor may acquire against City by virtue of the payment
of any loss under such insurance. Contractor agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of whether
City has received a waiver of subrogation endorsement from the insurer.
6. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications and
failure to exercise this right shall not constitute a waiver of any of City’s rights pursuant to this
agreement.
7. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer
to cancel any insurance policy required by this agreement except after providing 30 days prior
notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Contractor shall immediately provide written notice to the City and
obtain substitute insurance meeting the requirements of this agreement. Nothing in this
paragraph relieves Contractor of its obligation to maintain all insurance required by this
agreement at all times during the term of the agreement.
8. Claims Made Policies. If any of the required policies provide claims-made coverage,
the coverage shall be maintained for a period of five years after completion of the contract.
Contractor may satisfy this requirement by renewal of existing coverage or purchase of either
prior acts or tail coverage applicable to said five-year period.
9. Acceptability of Insurers. The policy or policies required by this agreement shall be
issued by insurers admitted in the State of California and with a rating of at least A:VII in the
latest edition of Best’s Insurance Guide.
10. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors
hired by Contractor shall agree to be bound to Contractor and City in the same manner and to the
same extent as Contractor is bound to the City under this agreement. Subcontractors shall further
agree to include these same provisions with any sub-subcontractor. Contractor shall provide
subcontractor with a copy of the indemnity and insurance provisions of this agreement as a part
of Contractor’s subcontract with subcontractor. Contractor shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the agreement
prior to commencement of any work and will provide proof of compliance to the City.
11. Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
-End of Exhibit B-
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City of Saratoga Services Contract
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified consultant
to provide the work product described in Exhibit A (“Scope of Work and Payment
Terms”) because it lacks the qualified personnel to provide the specified work product.
Consultant is qualified to provide the required work product and is agreeable to providing
such work product on the terms and conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Consultant shall be
an independent contractor and shall not be an employee of City. Consultant shall
complete the Scope of Work hereunder in accordance with currently approved
methods and practices in Consultant's field. No relationship of employer and
employee is created by this agreement between the City and Consultant or any
subcontractor or employee of Consultant. City shall have the right to control
Consultant only with respect to specifying the results to be obtained from
Consultant pursuant to this agreement. City shall not have the right to control the
means by which Consultant accomplishes services rendered pursuant to this
agreement. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Consultant’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be
construed as limiting the right of Consultant to engage in Consultant's profession
separate and apart from this agreement so long as such activities do not interfere
or conflict with the performance by Consultant of the obligations set forth in this
agreement. Interference or conflict will be determined at the sole discretion of the
City.
1.3 Standard of Care. Consultant 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 Consultant is engaged in
the geographical area in which Consultant practices its profession. All work
product of whatsoever nature which Consultant delivers to City pursuant to this
agreement shall be prepared in a substantial, first class and workmanlike manner
and conform to the standards of quality normally observed by a person practicing
in Consultant’s profession.
1.4 Qualifications. Consultant represents and warrants to City that the Consultant is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Consultant as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Consultant
shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
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1.5 Use of City Equipment. City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Consultant, or by any of its employees, even though such equipment be furnished,
rented or loaned to Consultant by City.
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Consultant is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Consultant which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Consultant for City, upon notification of such fact by
the City, the Consultant shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Consultant
under this agreement (again, offsetting any amounts already paid by the
Consultant which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Consultant shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Consultant is an employee for any other purpose, then the Consultant agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Consultant was not an employee.
2. COMMUNICATION AND NOTICES.
2.1 Communications with Designated Administrator. The Administrator
designated in Section 4 on page 1 of this agreement is authorized to receive
information, interpret and define City's policies consistent with this agreement,
and communicate with Consultant concerning this agreement. All correspondence
and other communications shall be directed to or through the Administrator or the
Administrator’s designee.
2.2 Communications and Notices on Compliance with Agreement. 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 e-mail. However, under no circumstances shall such courtesy notice
satisfy the notice requirements set forth above; nor shall lack of such courtesy
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notice affect the validity of service pursuant to the notice requirement set forth
above.
3. CONTRACTOR NOT AGENT. Except as City may specify in writing, Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant
to this agreement to bind City to any obligation whatsoever.
4. BENEFITS AND TAXES. Consultant 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. Consultant 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 Consultant shall indemnify and hold City harmless from any and all liability
that City may incur because of Consultant's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Consultant.
5. ASSIGNMENT PROHIBITED. The services to be performed by the Consultant are
personal in character and no party to this agreement may assign any right or obligation
under this agreement. Any attempted or purported assignment of any right or obligation
under this agreement shall be void and of no effect. However, with the consent of the
City given in writing, Consultant is entitled to subcontract such portions of the work to be
performed under this agreement as may be specified by City.
6. PERSONNEL. Consultant 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,
Consultant shall, immediately upon receiving notice from city of such desire of City,
cause the removal of such person or persons from work in connection with the Scope of
Work.
7. CONFLICT OF INTEREST.
7.1 In General. Consultant understands that its professional responsibility is solely
to City. Consultant represents and warrants that it presently has no interest, and
will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Consultant shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
7.2 Subsequent Conflict of Interest. Consultant agrees that if an actual or potential
conflict of interest on the part of Consultant is discovered after award, the
Consultant will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Consultant 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 Consultant shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
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7.3 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 Consultant nor any
member of any Consultant’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 Consultant's performance of the Scope of Work or
authorizes funding to Consultant.
8. COMPLIANCE WITH LAWS
8.1 In General. Consultant shall keep itself fully informed of 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.
8.2 Licenses and Permits. Consultant represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are
legally required for Consultant to practice its profession. Consultant represents
and warrants to City that Consultant 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 Consultant to practice its profession. In
addition to the foregoing, Consultant shall obtain and maintain during the term
hereof a valid City of Saratoga Business License.
9. WORK PRODUCT AND RECORDS
9.1 Property of City. All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by
Consultant (“works”) pursuant to this agreement shall become, as between
Consultant and City, the property of City upon completion of the work to be
performed hereunder or upon termination of this agreement. Without limiting the
generality of the foregoing, if, in connection with services performed under this
agreement, the Consultant or its subcontractors create artwork, copy, posters,
billboards, photographs, videotapes, audiotapes, systems designs, software,
reports, diagrams, surveys, source codes or any other original works of
authorship, such works of authorship shall be works for hire as defined under
Title 17 of the United States Code, and all copyrights in such works are the
property of City. If it is ever determined that any works created by the Consultant
or its subcontractors under this agreement are not works for hire under U.S. law,
the Consultant hereby assigns all of its copyrights to such works to City, and
grants to City a royalty-free, exclusive, and irrevocable license to reproduce,
publish, use, and to authorize others to do so, all of Consultant’s rights in such
works and agrees to execute any documents necessary to effectuate such
assignment and license. The Consultant may retain and use copies of such works
for reference and as documentation of its experience and capabilities.
9.2 Intellectual Property. Consultant represents and warrants that it has the legal
right to utilize all intellectual property it will utilize in the performance of this
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agreement. Consultant further represents that it shall ensure City has the legal
right to utilize all intellectual property involved in and/or resulting from
Consultant’s performance of this agreement. Consultant shall indemnify and hold
City harmless from all loss and liability, including attorneys’ fees, court costs and
all other litigation expenses for any infringement of the patent rights, copyright,
trade secret or any other proprietary right or trademark, and all other intellectual
property claims of any person or persons in consequence of the use by City, or
any of its officers or agents, of articles or services to be supplied in the
performance of this agreement.
9.3 Records and Audits. 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.
Contractor shall permit City and its authorized representatives to inspect and
examine Contractor’s books, records, accounts, and any and all data relevant to
this Contract at any reasonable time for the purpose of auditing and verifying
statements, 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. City further reserves the right to examine and re-examine said books,
records, accounts, and data during the four-year period following the termination
of this Contract; and Contractor shall in no event dispose of, destroy, alter, or
mutilate said books, records, accounts, and data in any manner whatever for four
years after the termination of this Contract.
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 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.
9.4 Use of Recycled Paper and Electronic Documents. Consultant 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.
Documents shall be printed on both sides of the page and City shall be provided
with electronic copies of documents (in Word or .pdf format) except where
unusual circumstances make it infeasible to do so.
10. CONFIDENTIAL INFORMATION. Consultant 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. Upon expiration of this
agreement, or termination as provided herein, Consultant shall return materials which
contain any confidential information to City. Consultant may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is defined as all
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information disclosed to Consultant 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.
11. RESPONSIBILITY OF CONSULTANT. Consultant shall take all responsibility for
the work, shall bear all losses and damages directly or indirectly resulting to Consultant,
to any subcontractor, to the City, to City officers and employees, or to parties designated
by the City, 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 Consultant or of any subcontractor.
12. INDEMNIFICATION. Consultant and City agree that City, its employees, agents and
officials shall be fully protected from any loss, injury, damage, claim, lawsuit, cost,
expense, attorneys fees, litigation costs, defense costs, court costs or any other cost
incurred in relation to, as a consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part, to the performance of this agreement
as set forth below. 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. Consultant acknowledges that City would not enter into this
agreement in the absence of the commitment of Consultant to indemnify and protect City
as set forth below.
12.1 General Indemnity. To the fullest extent permitted by law, Consultant shall
indemnify and hold harmless City, its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs (including, without
limitation, costs and fees of alternative dispute resolution and litigation) of any
kind whatsoever without restriction or limitation, incurred in relation to, as a
consequence of or arising out of or in any way attributable actually, allegedly or
impliedly, in whole or in part, to Consultant, or its employees, agents, or
subcontractors. All obligations under this provision are to be paid by Consultant
as they are incurred by the City.
12.2 Duty to Defend. In addition to Consultant’s obligation to indemnify City,
Consultant shall defend, in all legal, equitable, administrative, or special
proceedings, with counsel approved by the City, the City and its councilmembers,
officers, and employees, immediately upon tender to Consultant of the claim in
any form or at any stage of an action or proceeding, whether or not liability is
established. An allegation or determination that persons other than Consultant are
responsible for the claim does not relieve Consultant from its separate and distinct
obligation to defend. The obligation to defend extends through final judgment,
including exhaustion of any appeals. The defense obligation includes an
obligation to provide independent defense counsel if Consultant asserts that
liability is caused in whole or in part by the negligence or willful misconduct of
the indemnified party. If it is finally adjudicated that liability was caused solely by
the negligence or willful misconduct of an indemnified party, Consultant may
submit a claim to the City for reimbursement of reasonable attorneys’ fees and
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defense costs in proportion to the established comparative liability of the
indemnified party.
12.3 Limitation on Indemnity. Without affecting the rights of City under any
provision of this agreement or this Section, Consultant shall not be required to
defend, indemnify, and hold harmless City as set forth above for liability
attributable to the sole fault of City, provided such sole fault is determined by
agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the City is shown to have been
solely at fault and not in instances where Consultant is solely or partially at fault
or in instances where City's fault accounts for only a percentage of the liability
involved. In those instances, the obligation of Consultant will be all-inclusive and
City will be held harmless, indemnified, and defended for all liability incurred,
even though a percentage of the liability is attributable to conduct of the City.
12.4 Acknowledgement. Consultant acknowledges that its obligation pursuant to this
Section extends to liability attributable to City, if that liability is less than the sole
fault of City. Consultant has no obligation under this agreement for liability
proven in a court of competent jurisdiction or by written agreement between the
parties to be the sole fault of City.
12.5 Scope of Consultant Obligation. The obligations of Consultant under this or
any other provision of this agreement will not be limited by the provisions of any
workers' compensation act or similar act. Consultant expressly waives its statutory
immunity under such statutes or laws as to City, its employees and officials.
12.6 Subcontractors. Consultant agrees to obtain executed indemnity 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 Consultant in the performance or subject matter of this
agreement.
12.7 No Waiver. 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 Consultant 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, Consultant
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
insurance required by this agreement does not relieve the Consultant or
subcontractors from liability under this Section.
12.8 Relation to Insurance Obligations. The defense and indemnification obligations
of this agreement are undertaken in addition to, and shall not in any way be
limited by, the insurance obligations contained in this agreement.
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13. DEFAULT AND REMEDIES.
13.1 Events of default. Each of the following shall constitute an event of default
hereunder:
(a) Failure by Consultant to perform any obligation under this agreement and
failure to cure such breach immediately upon receiving notice of such
breach, if the breach is such that the City determines the health, welfare, or
safety of the public is immediately endangered; or
(b) Failure by either party to perform any obligation under this agreement and
failure to cure such breach within fifteen (15) days of receiving notice of
such breach (except for breaches subject to subparagraph (a), above);
provided that if the nature of the breach is such that the non-breaching
party determines it will reasonably require more than fifteen (15) days to
cure, the breaching party shall not be in default if it promptly commences
the cure and diligently proceeds to completion of the cure.
13.2 Remedies upon default. Upon any default, the non-defaulting party shall have
the right to immediately suspend or terminate this agreement, seek specific
performance and/or seek damages to the full extent allowed by law. City shall
have the right to contract with another party to perform this agreement
13.3 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.
14. TERMINATION. The City may terminate this agreement with or without cause by
providing 10 days’ notice in writing to Consultant. The City may terminate this
agreement at any time without prior notice in the event that Consultant commits a
material breach of the terms of this agreement. Upon termination, this agreement shall
become of no further force or affect whatsoever and each of the parties hereto shall be
relieved and discharged from the rights and obligations of this agreement, subject to
payment for acceptable services rendered prior to the expiration of the notice of
termination and delivery to City of any work in progress, completed work, supplies,
equipment, and other materials produced as a part of, or acquired in connection with the
performance of this agreement, and any completed or partially completed work which, if
this agreement had been completed, would have been required to be furnished to City.
Notwithstanding the foregoing and Section 2 on page 1, this Section and the provisions of
this agreement concerning insurance (Exhibit B), Funding Agency Requirements (as set
forth in Exhibit D if applicable), Work Product and Records, Confidential Information,
Responsibility of Consultant, Indemnification, Default and Remedies, Litigation, and
Jurisdiction and Severability shall survive termination or expiration of this agreement.
15. 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 non-binding 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
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the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys’ fees.
16. LITIGATION. If any litigation is commenced between parties to this agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys’ fees and costs.
17. 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.
18. SEVERABILITY. 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.
19. NOTICE OF NON-RENEWAL. Consultant understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Consultant under this agreement be supplemented or continued by
Consultant under a new agreement following expiration or termination of this agreement.
Consultant 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 Consultant
following the expiration or termination of this agreement.
20. PARTIES IN INTEREST. This agreement does not, and is not intended to, confer any
rights or remedies upon any person or entity other than the parties.
21. 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 Consultant’s obligations or to
exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
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City of Saratoga Services Contract
Exhibit D – Funding Agency Requirements
This agreement is funded in part pursuant to the contract between City and
_______________________________________________
(“Funding Agency”) attached as Exhibit D-1 (“Funding Agreement”). In recognition of
the Funding Agreement City and Contractor agree that:
1. All contractual provisions required by the Funding Agreement are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all Funding Agreement-
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement. The Consultant shall not perform any act, fail to perform any
act, or refuse to comply with any City requests which would cause the City to be in
violation of the Funding Agreement terms and conditions.
2. If Consultant claims or receives payment from City for a service, reimbursement for
which is later disallowed by the Funding Agency, the Consultant shall promptly refund
the disallowed amount to City upon City’s request. At its option, City may offset the
amount disallowed from any payment due or to become due to Consultant under this
agreement or any other agreement.
3. City may terminate or suspend performance of this agreement if Funding Agency
suspends or terminates funding pursuant to the terms of the Funding Agreement. In the
event of suspension or termination City shall be obligated to fund only that portion of
Consultant’s work performed prior to the suspension or termination that is not funded by
the Funding Agreement.
4. By executing this agreement, the Consultant certifies that the Consultant is not
suspended, debarred or otherwise excluded from participation in the program(s)
supported by the Funding Agreement. Consultant acknowledges that this certification of
eligibility to receive Funding Agency funds is a material term of the agreement.
-End of Exhibit D-
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City of Saratoga Services Contract
Exhibit E – Special Requirements
AND/OR See Exhibit(s) E- incorporated by this reference.
-End of Exhibit E-
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SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Leo Salindong, IT Manager
SUBJECT:Contract for Microsoft licenses with SoftwareONE
RECOMMENDED ACTION:
Authorize the City Manager to execute a three-year Microsoft Enterprise Agreement through
SoftwareONE.
BACKGROUND:
The City of Saratoga has used Microsoft’s cloud-based Office 365 licenses since 2018. Cloud-
based services provide greater program stability, enhance security to the City’s email network, and
position the City to benefit from future Microsoft platform products seamlessly. Additionally, the
City utilizes Microsoft Windows Server licenses for various on-premises servers and databases
located in the City Hall IT server room. The Microsoft Enterprise Agreement combines both cloud-
based Office 365 licenses and on-premises Windows Server licenses.
Microsoft does not license its software directly; its products are licensed through resellers.
SoftwareONE, an authorized Microsoft Large Account Reseller, offers high-volume discount
pricing for Microsoft products and services to government entities and academic institutions
through a Master Microsoft Enterprise Agreement. This agreement is available only under a three-
year term structure.
FISCAL IMPACT:
Funding for this agreement with SoftwareONE is included in the fiscal year 2024-25 IT Services
budget. The total contract amount for three years is $106,488, with an amount of $35,496 per fiscal
year.
ATTACHMENT:
Attachment A – Microsoft Enterprise Agreement Enrollment Contract
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SARATOGA CITY COUNCIL
MEETING DATE: July 3, 2024
DEPARTMENT: Community Development Department
PREPARED BY: Bryan T. Swanson – Community Development Director
SUBJECT: Ordinance Amending Chapter 15 (Zoning Regulations) of the Saratoga
City Code to Implement the Programs of the 2023-2031 Housing Element.
RECOMMENDED ACTION:
Waive reading and adopt the ordinance amending Chapter 15 (Zoning Regulations) of the Saratoga
City Code to implement the programs of the 2023-2031 Housing Element.
DISCUSSION:
At its meeting on June 19, 2024, the City Council conducted a public hearing to consider
amendments to Chapter 15 (Zoning Regulations) of the Saratoga City Code to implement the
programs of the 2023-2031 Housing Element. Following the hearing, the Council introduced the
ordinance and directed staff to place the matter on the consent calendar for the next regular meeting
of the City Council.
The ordinance introduced by the City Council is included in Attachment A. If adopted by Council,
it will take effect in 30 days.
ATTACHMENT:
Attachment A - Ordinance amending Chapter 15 (Zoning Regulations) of the Saratoga City Code.
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ORDINANCE NO. XXX
AN ORDINANCE AMENDING ARTICLES 15-46 AND 15-57 OF THE SARATOGA
CITY CODE TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT
The City Council of the City of Saratoga finds that:
1. On March 20, 2024 the City Council adopted the 2023-2031 Housing Element for the City
of Saratoga and certified the associated Final Environmental Impact Report and adopted
all findings required by law. In connection with that approval, the City Council adopted
Ordinance No. 399 amending the City Code and rezoning properties as required to make
sites available with appropriate zoning and development standards to accommodate the
portion of the City’s regional housing need for each income level that could not be
accommodated on sites available under existing City zoning.
2. Ordinance No. 399 establishes nondiscretionary review for all multifamily developments
including affordable housing developments. The City Council wishes to further amend the
City Code to specify that this nondiscretionary review applies for housing developments
with 20 percent affordability pursuant to Government Code section 65583.2, subdivisions
(h) and (i).
3. On June 12, 2024, the Planning Commission held a duly noticed public hearing consistent
with Section 15-85.050 of the Saratoga Municipal Code and considered the amendments
proposed in this Ordinance, supporting documents, and all testimony and other evidence
presented at the public hearing; and recommended that the City Council adopt the
amendments.
4. On June 19, 2024, the City Council held a duly noticed public hearing consistent with
Section 15-85.080 of the Saratoga Municipal Code and, after considering the supporting
documents and all testimony and other evidence presented at the public hearing, introduced
this Ordinance and waived the reading thereof.
5. The City Council adopted this Ordinance at a duly noticed regular meeting on July 3, 2024.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
Chapter 15 (Zoning) of the Saratoga City Code is amended as set forth in Attachment 1. Text to be
added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be
deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this
ordinance. Text in italics (e.g., italics) is descriptive only and is not part of the amendments to the
City Code.
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Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
This ordinance is part of the project described in the Environmental Impact Report described in
the Findings above. On March 20, 2024, the City Council certified the Final Environmental Impact
for the Project, and adopted CEQA Findings and a Statement of Overriding Considerations for
impacts that were found to be significant and unavoidable, adopted and incorporated into the
project all of the mitigation measures for the project, and adopted a Mitigation Monitoring and
Reporting Program. None of the amendments adopted by this ordinance require subsequent or
supplemental environmental analysis under CEQA, as described in Public Resources Code Section
21166 and CEQA Guidelines Section 15162 because there has not been a substantial change to the
project; a substantial change to the circumstances under which the project is being undertaken, or
new information, which was not known and could not have been known at the time the
environmental analysis was completed, has become available.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 19th day of June 2024, and was
adopted by the following vote on July 3, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Yan Zhao
MAYOR, CITY OF SARATOGA, CALIFORNIA
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ATTEST:
DATE:
Britt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
_____________________________ DATE: ________________________
Richard Taylor
CITY ATTORNEY
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Attachment 1
PROPOSED AMENDMENTS TO CHAPTER 15 OF THE SARATOGA MUNICIPAL
CODE TO IMPLEMENT THE PROGRAMS OF THE 2023-2031 HOUSING ELEMENT
The Saratoga Municipal Code is amended as set forth below. Text to be added is indicated in bold
double-underlined font (example) and text to be deleted is indicated in strikeout font (example).
Text in standard font is readopted by this ordinance. Text in italics (example) is explanatory and
not a part of the Code or amendments.
Article 15-46 -Design Review: Multi-Family Dwellings and Commercial Structures
15-46.040 - Design review findings.
(a) Except as to buildings subject to Section 15-46-040(b), the Planning Commission shall
not grant design review approval unless it is able to make the following findings:
(1) (a)Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious. Such features include height,
elevations, roofs, material, color and appurtenances.
(2) (b)Where more than one sign will be erected or displayed on the site, the signs shall
have a common or compatible design and locational positions and shall be harmonious in
appearance.
(3) (c)Landscaping shall integrate and accommodate existing trees and vegetation to
be preserved; it shall make use of water-conserving plants, materials and irrigation systems
to the maximum extent feasible; and, to the maximum extent feasible, it shall be clustered in
natural appearing groups, as opposed to being placed in rows or regularly spaced.
(4) (d)Colors of wall and roofing materials shall blend with the natural landscape and
be nonreflective.
(5) (e)Roofing materials shall be wood shingles, wood shakes, tile, or other materials
such as composition as approved by the Planning Commission. No mechanical equipment
shall be located upon a roof unless it is appropriately screened.
(6) (f)The proposed development shall be compatible in terms of height, bulk and
design with other structures in the immediate area.
(b) For any multi-family dwelling, including any building that meets the criteria of
Section 15-21.020(c), the Planning Commission shall grant design review approval if
it finds that the building meets the objective design standards of this Code including,
without limitation, those identified in Article 15-58.
Article 15-57 - Ministerial Consideration of Qualifying Projects
15-57.010 Purpose of article.
The purpose of this Article is to regulate Urban Lot Splits, and Two-Unit Residential
Developments, and Three-Unit Residential Conversions, and Affordable Multi-Family
Dwellings in compliance with California Government Code Sections 65583.2(h) and (i),
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66452.6, 65852.21, and 66411.7 and to implement the Housing Element of the City’s General
Plan, to allow for ministerial approval of certain parcel maps creating two lots, and of projects
including up to two detached or attached housing units on one parcel or up to three units in an
existing home, and of multifamily housing projects with at least twenty percent of the units
dedicated to serving lower income households, along with ancillary uses and structures.
Notwithstanding any other provisions of this Chapter, Eeligible applications under this Article
shall be considered ministerially by staff, without design review or other discretionary review or
a hearing.
15-57.020 Definitions.
Terms used in this Article have the meanings set forth below:
[Subsections (1)-(8) are not changed and are not shown here.]
(9) “Affordable Multi-Family Dwelling” means a multi-family dwelling, as defined in 15-
06.240(c), including any building that meets the criteria of Section 15-21.020(c), in which
at least twenty percent of the dwelling units are affordable to households of lower or
very low incomes as defined in Government Code section 65584.
15-57.030 Applicability.
(a) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot Split
may be located on parcels within all Single-Family Residential Zoning Districts with the
following exceptions:
(a) (1) Any parcel where the Two-Unit Residential Development, Three-Unit Residential
Conversion, or Urban Lot Split would require demolition or alteration of any of the following
housing types:
(i1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
(2ii) Housing that is subject to any form of rent or price control through a public entity's valid
exercise of its police power.
(iii3) Housing that has been occupied by a tenant within the last three years.
(iv4) A parcel or parcels on which an owner of residential real property has exercised the
owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title
1 to withdraw accommodations from rent or lease within fifteen years before the date that
the development proponent submits an application.
(b2) A parcel located within a historic district or including a property included on the State's
Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a
site that is designated or listed as a city or county landmark or historic property or districts pursuant
to a city or county ordinance.
(c3) A parcel of one or more of the types specified in subparagraphs (B) to (K), inclusive, of
Government Code Section 65913.4(a)(6). Without limiting the foregoing, the most applicable of
those specifications to the City of Saratoga are the following:
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(i1) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban Lot
Split may not be located on any parcel within a very high fire hazard severity zone, as
determined the Department of Forestry and Fire Protection pursuant to Government
Code Section 51178, or within a high or very high fire hazard severity zone as indicated
on the maps adopted by the Department of Forestry and Fire Protection pursuant to
Public Resources Code Section 4202. As to Two-Unit Residential Developments and
Urban Lot Splits, this subsection does not apply to parcels that have been excluded from
specific hazard zones by actions of the City pursuant to Government Code Section
51179(b), or parcels that have adopted fire hazard mitigation measures pursuant to
existing building standards or state fire mitigation measures applicable to the
development.
(ii2) A Two-Unit Residential Development, Three-Unit Residential Conversion, or Urban
Lot Split may not be located on any parcel located within a delineated earthquake fault
zone as determined by the State Geologist in any official map published by the State
Geologist, unless the development complies with applicable seismic protection building
code standards adopted by the California Building Standards Commission under the
California Building Standards Law (Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code), and by the City of Saratoga Building
Department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title
2 of the Government Code.
(4d) A proposed Two-Unit Residential Development or Three-Unit Residential Conversion
that allows the demolition of more than twenty-five percent of the existing exterior structural
walls, unless the Two-Unit Residential Development is on a site that has not been occupied
by a tenant in the last three years.
(5e) For a Three-Unit Residential Conversion, any parcel located outside the R-1-20 and R-
1-40 districts.
(b) An Affordable Multi-Family Dwelling may be located anywhere a multi-family dwelling
is permitted.
15-57.040 Development Standards.
Development pursuant to this Article shall comply with the following development standards and
all Development pursuant to this Article shall comply with the following development standards
and all applicable objective standards of the City Code, except as otherwise expressly provided for
in this section. A project proposed as part of a Two-Unit Residential Development, Three-Unit
Residential Conversion, or on a lot created by an Urban Lot Split, which does not meet the
requirements of this Article may seek discretionary approval pursuant to the applicable provisions
of the City Code.
[Subsections (a)-(b) are not changed and are not shown here.]
(c) Maximum Height. No dwelling unit constructed pursuant to this Article as part of a Two-Unit
Residential Development or on a lot created by an Urban Lot Split shall exceed one story and
a height of eighteen feet, except as otherwise expressly provided for in this section. No
dwelling unit constructed pursuant to this Article as part of a Three-Unit Residential
Conversion shall exceed the height of the original structure subject to the conversion.
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(1) A proposed dwelling unit subject to this subsection (c) which is located within either the
required side or rear setback area as set by the underlying zoning district shall not exceed
a height of sixteen feet.
[Subsections (d)-(g) are not changed and are not shown here.]
(h) Off-Street Parking. One off-street parking space within an enclosed garage shall be required
per unit in Two-Unit Residential Developments, Urban Lots Splits, or Three-Unit
Conversion, with the exception that for Two-Unit Residential Developments and Urban Lots
Splits, no off-street parking shall be required if any of the following apply:
(1) The parcel is located within one-half mile walking distances or either a high-quality transit
corridor, as defined in Public Resources Code Section 21155(b) of the, or a major transit
stop, as defined in Public Resources Code Section 21064.3.
(2) There is a designated parking area for one or more car share vehicles within one block of
the parcel.
[Subsections (i)-(m) are not changed and are not shown here.]
15-57.060 Tree Protection.
The applicant for any project subject to this Article Urban Lot Split project, Two-Unit
Residential Development, or Three-Unit Residential Conversion that would remove, damage,
prune, or encroach upon a protected tree as defined in City Code section 15-50.050 shall:
(a) Provide an Arborist Report and Tree Preservation plan as described in City Code sections 15-
50.130 and 140 as part of the application materials.
(b) Provide a Tree Protection Security Deposit per City Code section 15-50.080.
(c) Before issuance of any Certificate of Occupancy for any dwelling unit, plant new trees equal
to the value of removed trees in accordance with the ISA Tree Valuation Formula contained in
the April 2000 ISA Guide for Plant Appraisal.
1792121.1
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SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:City Attorney
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Annual Code Update for 2024
RECOMMENDED ACTION:
Waive reading and adopt an ordinance amending City Code provisions concerning scheduling of
appeal hearings (section 2-05.030); scheduling City Council meetings (2-10.010); Commissioner
qualifications and terms (2-12.020 and .030); security alarms (4-06.110); motion picture filming
(4-60.080); civil defense and disaster (Article 6-05); commercial marijuana activity (6-30.020);
driveway approaches (14-25.030); Zoning Ordinance provisions pertaining to short term rentals
(15-06.360), fence height at driveway intersections (15-29.010), creek setbacks (15-45.045), tree
regulations (Article 15-50), and replacement housing units (15-80.150); and reorganization of
certain definitions in the Sustainability Ordinance (17-10.010).
DISCUSSION:
At its meeting on June 19, 2024, the City Council conducted a public hearing to consider the above-
referenced code amendments to clarify ambiguities, comply with state laws, and conform to new
best practices that have changed since the Code was adopted. Following the hearing, the Council
introduced the ordinance and directed staff to place the matter on the consent calendar for the next
regular meeting of the City Council. The ordinance is included in Attachment A. If adopted it
will take effect in 30 days.
ATTACHMENT:
Attachment A - Annual Code Update Ordinance
1796562.1
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ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE SECTIONS AMENDING CITY CODE PROVISIONS CONCERNING
SCHEDULING OF APPEAL HEARINGS (SECTION 2-05.030); SCHEDULING CITY
COUNCIL MEETINGS (2-10.010); COMMISSIONER QUALIFICATIONS AND TERMS
(2-12.020 AND .030); SECURITY ALARMS (4-06.110); MOTION PICTURE FILMING
(4-60.080); CIVIL DEFENSE AND DISASTER (ARTICLE 6-05); COMMERCIAL
MARIJUANA ACTIVITY (6-30.020); DRIVEWAY APPROACHES (14-25.030); ZONING
ORDINANCE PROVISIONS PERTAINING TO SHORT TERM RENTALS (15-06.360),
FENCE HEIGHT AT DRIVEWAY INTERSECTIONS (15-29.010), CREEK SETBACKS
(15-45.045), TREE REGULATIONS (ARTICLE 15-50), AND REPLACEMENT
HOUSING UNITS (15-80.150); AND REORGANIZATION OF CERTAIN DEFINITIONS
IN THE SUSTAINABILITY ORDINANCE (17-10.010)
The City Council of the City of Saratoga finds that:
1.The City Code of the City of Saratoga requires periodic updates to reflects changes in
law, provide clarification to the community, and provide for improved customer service
and administration of City business.
2. The City Council referred the amendments to Saratoga Municipal Code Chapters 15 in
this ordinance to the Planning Commission and the Planning Commission held a hearing
on those amendments on May 8, 2024 and following consideration of all testimony and
written materials, recommended that the City Council adopt the amendments to Chapters
15 set forth herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on June 19,
2024 and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub-section,
paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
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Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would have
a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 19
th day of June, 2024 and was
adopted by the following vote on July 3, 2024.
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Yan Zhao
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Britt Avrit
CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
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Exhibit A
2024 ANNUAL CODE UDPATE
The provisions of the Saratoga Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double-underlined text (example) and text to be
deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment
to the Code except in cases where it directs renumbering of subsections not otherwise amended.
Where a section being amended includes subsections that are not shown those subsections are
unchanged by this ordinance.
1. Scheduling Appeal Hearings
2-05.030 – Appeals
[Subsections (a)-(c) unchanged.]
(d) Schedule of hearing. Upon the filing of the notice of appeal and payment of the appeal fee, or
upon an appeal being initiated by members of the City Council, the City Clerk shall schedule
the matter for hearing by the City Council as follows:
(1) A proposed hearing date shall be set within two business days. The proposed date
shall be within thirty forty-five calendar days of the date the appeal was filed, except
as provided in subsection (d)(2), below. The City Clerk shall immediately inform the
appellantand the applicant of the proposed date, time, and place of the hearing at an
e-mail address or fax number provided to the City at the time the appeal or
application was filed. If the appellant or applicant within two business days requests
in writing that the proposed hearing date be extended, then the City Clerk shall set
the date for the next regular meeting of the City Council occurring after the proposed
date. The City Clerk shall inform the appellant and applicant of the new hearing date,
time and place via e-mail or fax.
(2) If it is not possible to set the proposed date in a manner that allows the City to
provide any notice required by law and set the proposed date at a regularly scheduled
meeting within thirty forty-five calendar days of the date the appeal was filed, the
date shall be set at the first regularly scheduled Council meeting following the close
of any applicable notice period. The City Clerk shall immediately inform the
appellant and the applicant of the date, time, and place of the hearing at an e-mail
address or fax number provided to the City at the time the appeal or application was
filed. If the hearing date is set pursuant to this subsection, then neither the applicant
nor appellant shall be authorized to request a changein the hearing date as described
in subsection (d)(21), above.
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(3) After a hearing date has been set in accordance with subsection (d)(1) or (d)(2),
above, the appellant or the applicant may request in writing, and the City Clerk shall
grant, a continuance of the date provided that the request for continuance is received
by the City Clerk no later than fourteen twenty-one calendar days prior to the date
set for hearing. The continuance shall be until the next regular meeting of the City
Council occurring after the date for which the matter had been set. No further
continuances may be authorized by the City Clerk.
[Subsections (e)-h) unchanged.]
2. City Council Regular Meeting Dates
2-10.010 - Regular meetings.
The regular meetings of the City Council shall be held on the first and third Wednesdays of each
month except for the first Wednesday of January. If a regular meeting day falls on a holiday, that
regular meeting unless such day is a holiday, in which case the meeting may be held on such
business day as designated by the City Council or the meeting may be cancelled. The time of such
regular meetings shall be 7:00 P.M., provided, however, that the City Council may meet in closed
session or with Commissions and community groups, and conduct study sessions as part of the
regular meeting prior to 7:00 P.M. The place shall be at City Hall in the Saratoga City Council
Chambers at 13777 Fruitvale Avenue, Saratoga, California unless otherwise specified on the agenda
for the meeting. Any regular meeting may be rescheduled or cancelled by action of the City Council
at a regular or special meeting preceding the meeting to be rescheduled or cancelled.
3. Commissioner Qualifications
2-12.020 - Qualifications.
(a) Except as provided in Section 2-12.20(b), all Commissioners shall:
1. Be a resident of the City of Saratoga;
2. Prior to being interviewed for appointment to a Commission, have attended at least
one meeting of the Commission to which appointment is being sought unless an
exception has been granted by the City Council;
3. Not hold any elected public office in any jurisdiction, any place or position of
employment with the City of Saratoga; and4.Satisfy any additional eligibility
requirements specified in the ordinance or resolution establishing the Commission.
[Subsections (b)-(e) unchanged.]
4. Partial Commission Terms
2-12.030 - Term.
(a) Each Commissioner shall serve a term of four years unless an alternate term is
specified by the resolution or ordinance establishing the Commission.
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(b) No Commissioner shall serve more than two full consecutive terms on a single
Commission. A partial term served as a result of an appointment to fill an unexpired
term is not considered a full term and a partial term of less than three years due to
an appointment being made after a vacancy has occurred is not considered a
full term. A Commissioner who has served two full consecutive terms on a
Commission may not be reappointed to that Commission for at least one year
following the expiration of his or her term. The limitations set forth in this subsection
(b) shall not apply to the Youth Commission.
(c) For each Commission, the terms of the Commissioners shall be staggered such that
each year the four year terms of approximately an equal number of the
Commissioners shall expire. Where a Commission has seven Commissioners, the
terms of two Commissioners shall expire each year except that in the year after the
firstsix Commission terms have expired, only one term shall expire. The limitations
set forth in this subsection (c) shall not apply to the Youth Commission.
(d) Notwithstanding subsection (a) of this Section, Section 2-15.020 regarding Planning
Commissioner terms, where the terms of Commissioners on a Commission do not
comply with subsection (c) of this Section, a Commissioner may be appointed to a
term of greater or less than four years for the purpose of making the terms of the
Commissioners on the Commission comply with subsection (c). No term shall be
reduced after a Commissioner is appointed to serve the term, except as otherwise
provided by this Code. For purposes of subsection (b) of this Section, a term of less
than four years established pursuant to this paragraph is not a full term and a term
that is more than four years at the time of appointment pursuant to this subsection (d)
is a single term.
5. Security Alarms
4-06.110 - Security alarms.
For every person engaged in the business of installing, selling, leasing, renting, maintaining,
servicing or responding to a burglary, robbery or fire alarm system, the annual license fee shall be in
the fee schedule adopted by City Council by resolution in accordance with State law.
6. Motion Picture Filming
4-60.080 - Insurance and indemnification.
(a) No motion picture filming permit shall be issued until the applicant has furnished to the
Community Events Official a general liability special endorsement, in the form prescribed or
approved by the California Film Commission, showing comprehensive general liability
insurance coverage in the amount of not less than one two million dollars, auto liability
coverage for owned, non-owned, and hired autos, and and naming the City and its
officers, officials, employees and volunteers as insured parties under the applicant's policy.
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The endorsement shall provide for such deductibles and other coverages as specified or
approved by the Community Events Official. Applicant shall maintain statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of
at least one million dollars ($1,000,000). Applicant shall submit to City, along with the
certificate of insurance, a waiver of subrogation endorsement in favor of City, its
officers, officials, employees, and volunteers. Proof of Worker’s Compensation is not
required if Applicant provides written verification that they have no employees.
(b) Every motion picture filming permit shall be issued subject to the condition and requirement
that the permittee indemnify, defend and hold the City and its officers, officials, employees
and volunteers harmless from and against any and all claims, demands, costs, expenses, or
liabilities arising from, or in any manner relating to, the conduct of the motion picture
filming activity by the permittee and its employees, agents, contractors, subcontractors,
representatives, or invitees.
7. Civil Defense and Disaster
6-05.010 Purpose of Article.
This Article provides for the preparation and carrying out of plans for the protection of
persons and property within the City in the event of an emergency;and for the coordination of
the emergency functions of the City the direction of the emergency organization; and the
coordination of the emergency functions of the City with all other public agencies, corporations,
organizations and affected private persons. Any expenditure made in connection with such
emergency activities, including mutual aid activities, shall be deemed conclusively to be for
the direct protection and benefit of the inhabitants and property of the City.
6-05.020 Emergency defined.
As used in this Article, "emergency" shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the City
caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or
other conditions, including conditions resulting from war or imminent threat of war, which
conditions are or are likely to be beyond the control of the services, personnel, equipment and
facilities of the City, requiring the combined forces of other political subdivisions to combat.
6-05.030 Disaster Council.
(a) The City of Saratoga Disaster Council (also referenced here as the Disaster Council) has
been accredited by the State of California since 1947. The Disaster Council shall consists of
the following members:
(1) The Mayor or a City Council member designated by the Mayor shall be chairperson;
(2) The City Manager Director of Emergency Services, who shall be Chair;
(3) The Assistant Director of Emergency Services who shall be Vice Chair;
(4) The Director of Public Works; and
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(5) The Director of Community Development.
(4) A representative designated by the Santa Clara County Fire Department; and
(5) A representative designated by the Santa Clara County Sheriff's Office.
(b) It shall be the duty of the Disaster Council, and it is hereby empowered, to develop and
recommend for adoption by the City Council, the Emergency Operation Plan referenced in
Section 6-05.070 and such other duties as specified in this Article. The Disaster Council
shall meet at least annually upon call of the chair or, in his or her absence from the City or
inability to call such meeting, upon call of the vice-chair.
6-05.040 - Disaster council powers and duties.
(a) It shall be the duty of the Disaster Council, and said Council is hereby empowered, to
develop and recommend for adoption by the City Council, emergency and mutual aid
plans and agreements and such ordinances and resolutions and rules and regulations
as are necessary to implement such plans and agreements.
(b)The Disaster Council shall meet at least once per year, upon call of the Chair or, upon
call of the Vice Chair (in the absence of the Chair).
(c) The Disaster Council shall comply with the California Emergency Services Act and
abide by the California Disaster and Civil Defense Master Mutual Aid Agreement.
(d) The Disaster Council shall follow established rules and regulations relating to the
various classes of disaster service workers, scope of duties of each class, and manner
of registration pursuant to the provisions of Government Code § 8585.5.
6-05.040 Disaster service worker volunteers.
(a) The City of Saratoga Disaster Council shall provide for the registration of disaster service
worker volunteers within the City of Saratoga and comply with the then applicable rules and
regulations governing disaster service worker volunteers as established by the California
Emergency Council pursuant to the provisions of California Government Code Section
8585.5 as it may be amended from time to time.
(b) All disaster service worker volunteers shall, as a part of the registration process, take and
subscribe to an oath as required by California Government Code Sections 3102 to 3103.
(c)Disaster service worker volunteer means any person registered with the Disaster Council,
or the California Emergency Management Agency, or a state agency granted authority to
register disaster service worker volunteers, for the purpose of engaging in disaster service
pursuant to the California Emergency Services Act without pay or other consideration.
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"Disaster service worker volunteer" includes public employees, performing disaster work
outside their regular employment without pay, and also includes any unregistered person
impressed into service during a state of war emergency, a state of emergency, or a local
emergency by a person having authority to command the aid of citizens in the execution of
his or her duties. Disaster service worker volunteers do not include any member registered
as an active firefighting member of any regularly organized volunteer fire department,
having official recognition, and full or partial support of the City or County of Santa Clara.
6-05.050 Director and Assistant Director of Emergency Services.
(a) There is hereby created the office of Director of Emergency Services. The City Manager
shall be the Director of Emergency Services. There is hereby created the office of aAssistant
Director of Emergency Services, who shall be appointed by the Director of Emergency
Services City Manager. When the Director of Emergency Services is not available, the
Assistant Director of Emergency Services shall become Acting Director and assume
the duties of the Director.
(b) The Director of Emergency Services is hereby empowered to:
(1)Request the City Council to pProclaim the existence or threatened existence of a
"local emergency," if the City Council is in session, or to issue such proclamation if
the City Council is not in session., if time permits, request the City Council to do so
at a duly noticed meeting. Whenever a local emergency is proclaimed by the Director,
the City Council shall take action to ratify the proclamation within seven days
thereafter or the proclamation shall have no further force or effect. The City Council
shall review the need for continuing the local emergency at least once every thirty days
or such other period as may be determined by a resolution of the City Council until the
City Council terminates the local emergency. The City Council shall proclaim the
termination of the local emergency at the earliest possible date that conditions warrant.
(2) Request the governor to proclaim a "state of emergency" when, in the opinion of the
Director, the circumstances are beyond the city's capacity to adequately respond to
or recover from locally available resources are inadequate to cope with the
emergency.
(3) Develop the Emergency Operations Plan with the assistance of emergency service
chiefs for consideration by the Disaster Council, develop ancillary emergency plans as
needed, and manage the emergency programs of the City.
(4) Control and direct the effort of the emergency organization of the City for the
accomplishment of the purposes of this Article. This responsibility includes the
registration, supervision and direction of disaster service worker volunteers
within the City.
(54) Direct cooperation between and coordination of services and staff of the emergency
organization of the City and resolve questions of authority and responsibility that may
arise between them.
(5) Represent the City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein.
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(6) Manage the emergency programs of the City with the assistance of City staff and
emergency service chiefs.
(7) Authorize City employees to perform any of the functions listed in subsections (b)(3)
through (6).
(c) In the event of the proclamation of a "local emergency" as herein provided, the
proclamation of a "state of emergency" by the governor or the director of the State Office of
Emergency Services, or the existence of a "state of war emergency," the Director of
Emergency Services is hereby further empowered to:
(1) Make and issue rules and regulations on matters reasonably related to the protection of
life and property as affected by such emergency; provided, however, that such rules
and regulations shall be confirmed or modified at the earliest practicable time by the
City Council.
(2) Obtain vital supplies, equipment and other such properties found lacking and needed
for the protection of life and property and to bind the City for the fair value thereof
and, if required immediately, to commandeer the same for public use; provided,
however, that such actions which require expenditure of City funds shall be confirmed
or modified at the earliest practicable time by the City Council.
(3) Require emergency services of any City officer or employee and, in the event of the
proclamation of a "state of emergency" in the County of Santa Clara or the existence
of a "state of war emergency," to command the aid of as many citizens residents of the
City as he deems deemed necessary in the execution of his or her the Director’s
duties. Such persons shall be entitled to all privileges, benefits and immunities as are
provided by State law for registered disaster service worker volunteers.
(4) Requisition necessary personnel or material of any City department or agency.
(5) Execute all his or her ordinary powers as City Manager, all of the special powers
conferred upon him or her by this Article or by resolution or the Emergency
Operations Plan pursuant hereto adopted by the City Council, all powers conferred
upon him or her by any statute, by an agreement approved by the City Council and by
any other lawful authority.
(d) The Director of Emergency Services shall designate the order of succession to that office, to
take effect in the event the Director is unavailable to attend meetings and otherwise perform
his or her duties during an emergency. Such order of succession shall be approved by the
City Council.The Assistant Director of Emergency Services is hereby empowered to:
(1) Under the supervision of the Director and in consultation with emergency service
providers, to develop emergency plans and manage the emergency programs of
this jurisdiction;
(2) Act on behalf of the disaster council to approve Saratoga Disaster Service
Worker Volunteer training and exercises and to coordinate with the appropriate
agencies and organizations;
(3) Have such other powers and duties as may be assigned by the Director.
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6-05.060 Emergency organization.
The emergency organization of the City shall consist of all officers and employees of the
City, together with those disaster service worker volunteers enrolled to aid them during an
emergency, and all groups, organizations and persons who may, by agreement or operation of
law, be charged with duties incident to the protection of life and property in the City during such
emergency, including persons impressed into service under the provisions of subsection 6-
05.050(c)(3) of this Article.
6-05.070 Emergency Operation Plan.
The Disaster Council shall be responsible for the development of the City Emergency
Operation Plan, which plan shall provide for the effective mobilization of all the resources of the
City, both public and private, to meet any condition constituting a "local emergency," "state of
emergency" or "state of war emergency;" and shall provide for the organization, powers and
duties, services and staff of the emergency organization. Such plans shall be adopted by
resolution of the City Council.
6-05.080 Mutual aid.
It is the purpose of the City Council in enacting this Article to facilitate the rendering of
mutual aid to and for the people of the City. The Emergency Operation Plan adopted and
approved by the City Council shall provide for the interchange of mutual aid and for
coordination with the emergency plans of the County.
6-05.090 Expenditures.
Any expenditure made in connection with emergency activities, including mutual aid
activities, shall conclusively be deemed to be for the direct protection and benefit of the
inhabitants and property of the City.
6-05.100 Prohibited acts during emergency.
It shall be unlawful and shall constitute a misdemeanor for any person, during an emergency
to: It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars
($1,000), or by imprisonment for not to exceed six (6) months, or both, for any person,
during an emergency, to:
(a) Willfully obstruct, hinder or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this Article, or in the
performance of any duty imposed upon him or her by virtue of this Article.
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Article.
(c) Wear, carry or display, without authority, any means of identification specified by the
emergency agency of the State as being authorized for emergency service workers.
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6-05.110 Continuity of Government
During an emergency, City Council may have vacancies where a Councilmember is
unable to serve due to incapacitation or other situations arising from the emergency event.
In order to preserve the function of local government in such a circumstance, the City will
reconstitute its City Council based on the provisions of California Government Code
Sections 8635 through 8644.
6-05.120 - Severability.
If any provision of this chapter or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this chapter are declared to be severable.
8. Regulation of Commercial Marijuana Activity
6-30.010 - Purpose of Article.
This Article is intended to prohibit the establishment of commercial marijuana businesses and all
outdoor cultivation of marijuana within the City, and to further regulate the personal indoor
cultivation of marijuana authorized by state law, in order to protect the health and safety of the City's
residents. This Article is intended to conform to statelaw, including the Compassionate Use Act, the
Medical Marijuana Program Act, the Control, Regulate and Tax Adult Use of Marijuana Act, and the
Medicinal and Adult-Use Cannabis Regulation and Safety Act. Consequently, this ordinance shall be
interpreted toconform to such laws to the maximum extent feasible. In interpreting the terms of this
ordinance, it is appropriate to look to the use and interpretation of those terms in applicable state law
for guidance. Without limiting the generality of the foregoing, this ordinance shall not be
interpreted as prohibiting patients within the city or their caregivers from purchasing by
delivery sufficient medicinal marijuana to meet their demands in a timely and readily
accessible manner.
6-30.020 - Definitions.
The following definitions apply throughout this Article:
(a) Commercial marijuana activity means the sale or exchange for valuable consideration of
marijuana and marijuana products, or the provision of marijuana or marijuana products by a
nonprofit, and the cultivation, possession, manufacture, distribution, processing, storing,
laboratory testing, packaging, and labeling of marijuana and marijuana products intended for
sale or exchange for valuable consideration or provision by a nonprofit. Commercial
marijuana activity shall not include delivery of cannabis and cannabis products as
"delivery" is defined in State law.
(b)-(g) unchanged.
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9. Street Design Standards
14-25.030 Design standards and dedication of streets.
(a)-(q) unchanged
(r) Driveway approaches.There shall be a minimum of one driveway approach to a lot, but no
more than one driveway approach for each forty feet of lot frontage, up to a maximum of
three driveway approaches for any lot intended to be developedin a single-family zoning
district. Driveway approaches serving a single property shall be spaced a minimum of
twenty feet apart.The subdivider may install continuous curbs, and thereafter cut out the
driveway approaches after the building plans for the lot in question are completed, and all
such approaches shall be subject to the provisions of the improvement agreement and bond
except in the case of such approaches for which an encroachment permit has been issued
pursuant to Article 10-20 in Chapter 10 of this Code.
(s) unchanged.
10. Short Term Rentals
15-06.360 Hotel.
"Hotel" means a structure or portion thereof or a group of attached or detached structures containing
individual guest rooms or suites where lodging is provided primarily to transients for compensation
for a period ofnot more than 29 consecutive days.The term includes motel, inn, tourist court, bed
and breakfast establishment, short-term-rental,or similar use.
11. Height Limit at Driveway Intersections
15-29.010 Height Restrictions
[Sections (a)-(e); no change.]
(f)Driveway intersections.No fence, hedge, retaining wall, entryway element, pilaster, gate, or
other similar element located within a triangle having sides twelve feet in length from either side
of a driveway where it intersects with the edge of pavement on a street without a sidewalk (or,
on a street with a sidewalk, the back of the curb)shall exceed three feet in height above the
established grade of the adjoining street. Protected trees described in Section 15-50.050 of this
Code are not subject to this requirement.
(Remove the below illustration) (Replace with the below illustration)
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[Sections (g)-(l); no change.]
12. Tree Regulation Definitions
15-50.020 Definitions
[Sections (a)-(n); no change.]
(o)ISA Standards means the 2001 Edition of the Pruning Standards and the Tree Valuation
Formula contained in the April 2000 Guide for Plant Appraisal published by the International
Society of Arboriculture.most recent edition of the Best Management Practices ANSI A300
Pruning and Managing Trees During Construction standards and the most recent edition
of the Guide for Plant Appraisal published by the International Society of Arboriculture.
(p)Native tree means coast live oak (Quercus agrifolia), valley oak (Quercus lobata), tanoak
(Notholithocarpus densiflorus), black oak (Quercus kelloggii), blue oak (Quercus douglasii),
scrub oak (Quercus dumosa), big leaf maple (Acer macrophylhlum macrophyllum), California
buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) and coast redwood
(Sequoia sempervirens).
[Sections (q)-(cc); no change.]
13. Protected Tree Security Deposit
15-50.080 Determination on permit
[Sections (a)-(c); no change.]
(d)Security deposits and maintenance bonds. In the case of an application for, or a project
involving encroachment on one or more protected trees, the applicant shall post a security
deposit with the City in an amount equal to twenty-five percent to one hundred percent of the
ISA valuation of the trees involved at the discretion of the approving authority; provided,
however, that any project involving multiple structures or a multi-family structure shall post a
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security deposit with the City in an amount equal to one hundred percent of the ISA valuation
of the trees involved.proposing the removal of all protected trees or proposing work
within the inner half of the optimal tree preservation zone (as defined in the ISA Best
Management Practices A300 Managing Trees During Construction which is hereby
adopted by reference) shall post a security deposit with the City in an amount equal to
one hundred percent of the ISA valuation of the trees involved. An ISA Certified
Arborist shall calculate the value of the tree/s in accordance with the Trunk Formula
Method tree valuation formula contained in the ISA Guide for Plant Appraisal, which is
hereby adopted by reference.The City may also require posting of a maintenance bond or
security deposit of at least five years designed to ensure long term maintenance of the affected
or replacement trees. Security deposits or maintenance bonds required for protected trees or
replacement trees in public or private development may, in the reasonable discretion of the
Community Development Director, be refunded upon a determination that the project is in
compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case of
violations of this Article or where replacement, restitution, or other remedy required pursuant
to Section 15-50.170 cannot be made on the project site, then such payments shall be made
from the deposit or bond being held before any refund is made.
14. Tree Preservation Plan Inspections
15-50.140 – Tree Preservation Plan
[Sections (a)-(d); no change.]
(e) At least three scheduled inspections shall be made by the City an ISA Certified Arborist to
ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum
include the following: (1) Initial inspection prior to any construction or grading, (2) After
completion of rough grading and/or trenching, and (3) Completion of all work including
planting and irrigation system installation. Other inspections may be conducted as required by
the Community Development Director.
15. Tree Valuation
15-50.150 - Tree fund.
[Section (a); no change.]
(b)Tree valuation.Lawfully removed trees to be replaced as a condition of development
approval shall be valued and their removal compensated for as follows: Trees replaced on or
off site according to good forestry practices, shall provide, in the opinion of the Community
Development Director, equivalent value in terms of aesthetic and environmental quality, size,
height, location, appearance, and other significant beneficial characteristics of the removed
tree/s. The City Arborist shall calculate the value of the removed tree/s in accordance with the
ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal, which
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is hereby adopted by reference.An ISA Certified Arborist shall calculate the value of the
removed tree/s in accordance with the Trunk Formula Method tree valuation formula
contained in the ISA Guide for Plant Appraisal, which is hereby adopted by reference.
16. Creek Protection Setbacks
15-45.045 - Creek protection setbacks.
(a) Purpose, application.Where a protected creek passes through or along a building site or is
otherwise located on the site, and in order to provide for the future protection of creeks,
including creek banks and riparian habitat, a creek protection easement shall be required as
set out in City Code section 14-25.065, and building setbacks for any new construction shall
be measured from the top of the creek bank(s) away from the water course on the site rather
than from the property lines of the site. The required setback shall be the minimum setback
prescribed for the applicable zoning district.
[Section (b)-(c) no change]
17. Replacement Housing Units
Add the following new code section:
15-80.150 Replacement Housing Units. A housing development project proposed on a site that
(i) is identified on the Housing Sites Inventory (shown in Figure 6-2 of the Housing Element of
the Saratoga General Plan) and (ii) contains or contained housing of the type described in
subsection (a) shall replace that housing as described in subsection (b).
(a) This section shall apply to sites described in clause (i) above that either:
(1) Contain rental dwelling units; or
(2) In the five year period preceding the application contained rental dwelling units
that (A) were vacated or demolished in that period and (B) were either (i)
subject to a recorded covenant, ordinance, or law restricting rents to levels
affordable to persons and families of lower or very low income; (ii) subject to
any other form of rent or price control; or (iii) occupied by lower or very low
income households.
(b) A development subject to this section shall replace the units described in subsection (a)
in the manner required by Government Code section 65915(c)(3)(B).
(c) Terms used in this section and not otherwise defined herein shall have the meaning set
forth in Government Code section 65915.
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18. Sustainability
17-10.010 Definitions.
(a) The definitions set forth in this section shall be applied throughout this Article, unless the
context or the provision clearly requires otherwise.
(b) The following terms are defined as set forth herein:
(a)(1) Approved C&D processing facility means any of the facilities, used to
process C&D debris, that have been approved by the Regional Agency.
(b)(2) Cal ifornia Code of Regulations or CCR means the State of California
Code of Regulations. CCR references in this Article are preceded with a
number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to
Title 14 of CCR).
(c)(3) Cal Recycle means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations on cities,
counties, special districts, and other regulated entities.
(d)(4) City means the City of Saratoga, California, a political subdivision of the
State of California, and its duly authorized representatives.
(e)(5) City enforcement official means the City manager, or other executive in
charge or their authorized designee(s) who is/are partially or whole
responsible for enforcing the Article. See also "Regional or County Agency
Enforcement Official."
(f)(6) Commercial business or commercial means a non-residential premises
including a firm, partnership, proprietorship, joint-stock company,
corporation, or association where business activity is conducted including,
but not limited to, retail sales, services, wholesale operations,
manufacturing, and industrial operations, but excluding businesses
conducted upon residential property that are permitted under applicable
zoning regulations and are not the primary use of the property, whether for-
profit or nonprofit, strip mall, or industrial facility, or as otherwise defined
in 14 CCR Section 18982(a)(6), with the exception that multi-family is
excluded from the definition of commercial.
(g)(7) Commercial edible food generator includes a tier one or a tier two
commercial edible food generator as defined in this Article or as otherwise
defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of
this definition, food recovery organizations and food recovery services are
not commercial edible food generators pursuant to 14 CCR Section
18982(a)(7).
(h)(8) Community composting means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or
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in combination, and the total amount of feedstock and Compost on-site at
any one time does not exceed one hundred cubic yards and seven hundred
fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as
otherwise defined by 14 CCR Section 18982(a)(8).
(i)(9) Compliance review means a review of records by the City to determine
compliance with this Article.
(j)(10) Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which
stated, as of the effective date of this Article, that "Compost" means the
product resulting from the controlled biological decomposition of organic
solid wastes that are source separated from the municipal solid waste
stream, or which are separated at a centralized facility.
(k)(11) Compostable plastics or compostable plastic means plastic materials that
meet the ASTM D6400 standard for compostability, or as otherwise
described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(l)(12) Con tainer contamination or contaminated container means a container,
regardless of color, that contains prohibited container contaminants, or as
otherwise defined in 14 CCR Section 18982(a)(55).
(m)(13) Cou nty means the County of Santa Clara, California.
(n)(14) Cou nty Agency Enforcement Official means an authorized designee of
the County of Santa Clara in the Public Health Department or other
departments who is/are partially or whole responsible for enforcing this
Article.
(o)(15) Customer means the person who receives the collection contractor's
services and to whom the contractor/City submits its billing invoice to and
collects payment from for collection services provided to a premises. The
customer may be either the occupant, owner, or other designated
responsible person by the owner of the premises, as allowed under the City
Code.
(p)(16) Con struction and demolition debris or C&D debris means discarded
building materials, packaging, debris, and rubble resulting from
construction, alteration, remodeling, repair or demolition operations on any
pavements, excavation projects, houses, commercial buildings, or other
structures, excluding excluded materials and universal waste. C&D debris
includes rocks, soils, tree remains, and other yard trimmings that result
from land clearing or land development operations in preparation for
construction.
(q)(17) C&D hauler means the collection contractor that has been granted the
exclusive or non-exclusive rights to collect C&D debris in the City through
the agreement entered into by the collection contractor and the Regional
Agency.
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(r)(18) Covered project means and includes any project that meets the thresholds
set forth in section 17-15.10.
(s)(19) Designee means an entity that the City contracts with or otherwise arranges
to carry out any of the City's responsibilities of this Article as authorized in
14 CCR Section 18981.2. A designee may be a government entity, a hauler,
a private entity, or a combination of those entities.
(t)(20) Discarded materials means recyclable materials, organic materials, and
solid waste discarded by a generator for the purposes of collection and/or
self-hauling, excluding excluded waste.
(u)(21) Disposal or dispose (or any variation thereof) means the final disposition of
solid waste or processing residue at a disposal facility.
(v)(22) Dwelling unit means any individual living unit in a single-family dwelling,
multi-family dwelling, structure or building, mobile home, or motor home
located on a permanent site intended for, or capable of being utilized for,
residential living other than a hotel or motel.
(w)(23) Edible food means food intended for human consumption, or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this Article or
as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not
solid waste if it is recovered and not discarded. Nothing in this Article or in
14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of
edible food that does not meet the food safety requirements of the
California Retail Food Code.
(x)(24) Enf orcement action means an action of the City or Regional Agency to
address non-compliance with this Article including, but not limited to,
issuing administrative citations, fines, penalties, or using other remedies.
(y)(25) Excluded waste means hazardous substance, hazardous waste, infectious
waste, designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that facility
operator(s), which receive materials from the City and its generators,
reasonably believe(s) would, as a result of or upon acceptance, transfer,
processing, or disposal, be a violation of local, State, or Federal law,
regulation, or ordinance, including: land use restrictions or conditions,
waste that cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions, waste that in City's,its designee's, or Regional
Agency's reasonable opinion would present a significant risk to human
health or the environment, cause a nuisance or otherwise create or expose
the City, its designee, or Regional Agency's to potential liability; but not
including de minimis volumes or concentrations of waste of a type and
amount normally found in single-family or multi-family solid waste after
implementation of programs for the safe collection, processing, recycling,
treatment, and disposal of batteries and paint in compliance with Sections
41500 and 41802 of the California Public Resources Code. Excluded Waste
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does not include used motor oil and filters, and household batteries when
such materials are defined as allowable materials for collection through the
City's collection programs and the generator or customer has properly
placed the materials for collection pursuant to instructions provided by
City, Regional Agency, or exclusive hauler for collection services.
(z)(26) Exclusive hauler means the collection contractor that has been granted the
exclusive rights to collect recyclable materials, organic materials, and solid
waste in the City through the agreement entered into by the collection
contractor and the Regional Agency").
(aa)(27) Food distributor means a company that distributes food to entities
including, but not limited to, supermarkets and grocery stores, or as
otherwise defined in 14 CCR Section 18982(a)(22).
(bb)(28) Food facility has the same meaning as in Section 113789 of the Health and
Safety Code.
(cc)(29) Food recovery means actions to collect and distribute food for human
consumption that otherwise would be disposed, or as otherwise defined in
14 CCR Section 18982(a)(24).
(dd)(30) Food recovery organization means an entity that engages in the collection
or receipt of edible food from commercial edible food generators and
distributes that edible food to the public for food recovery either directly or
through other entities or as otherwise defined in 14 CCR Section
18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 113783 of the Health and Safety
Code;
(2) A nonprofit charitable organization as defined in Section 113841 of
the Health and Safety code; and,
(3) A nonprofit charitable temporary food facility as defined in Section
113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for
the purposes of this Article and implementation of 14 CCR, Division 7,
Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery
Organization differs from this definition, the definition in 14 CCR Section
18982(a)(25) shall apply to this Article.
(ee)(31) Food recovery service means a person or entity that collects and transports
edible food from a commercial edible food generator to a food recovery
organization or other entities for food recovery, or as otherwise defined in
14 CCR Section 18982(a)(26). A food recovery service is not a commercial
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edible food generator for the purposes of this Article and implementation of
14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
(ff)(32) Food scraps means those discarded materials that will decompose and/or
putrefy including: (i) all kitchen and table food waste; (ii) animal or
vegetable waste that is generated during or results from the storage,
preparation, cooking or handling of food stuffs; (iii) discarded paper
(including paper containers and cartons) that is contaminated with food
scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat,
and fish waste; and, (v) vegetable trimmings, houseplant trimmings and
other compostable organic waste common to the occupancy of Residential
dwellings. Food scraps are a subset of food waste. Food scraps excludes
fats, oils, and grease when such materials are source separated from other
food scraps.
(gg)(33) Food service provider means an entity primarily engaged in providing
food services to institutional, governmental, commercial, or industrial
locations of others based on contractual arrangements with these types of
organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(hh)(34) Food-soiled paper is compostable paper material that has come in contact
with food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled
paper is a subset of food waste.
(ii)(35) Food waste includes food scraps and food-soiled paper, and includes
compostable plastics, unless [the] City, its designee, Regional Agency, or
exclusive hauler excludes compostable plastics in the organic materials
containers. Food waste is a subset of organic materials.
(jj)(36) Generator means any person whose act first causes discarded materials to
become subject to regulation under this Article of the City Code or under
Federal, State, or local laws or regulations.
(kk)(37) Green waste means tree trimmings, grass cuttings, dead plants, leaves,
branches and dead trees (not more than three inches in diameter), garden
and tree fruits and vegetables, and similar materials generated and source
separated from other materials at the premises.
(ll)(38) Grocery store means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry;
and any area that is not separately owned within the store where the food is
prepared and served, including a bakery, deli, and meat and seafood
departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
(mm)(39) Hauler route means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined in 14
CCR Section 18982(a)(31.5).
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(nn)(40) Health facility has the same meaning as in Section 1250 of the Health and
Safety Code.
(oo)(41) High diversion organic waste processing facility means a facility that is
in compliance with the reporting requirements of 14 CCR Section
18815.5(d) and meets or exceeds an annual average Mixed Waste organic
content recovery rate of fifty percent between January 1, 2022 and
December 31, 2024, and 75 percent after January 1, 2025, as calculated
pursuant to 14 CCR Section 18815.5(e) for organic wastereceived from the
"mixed waste organic collection stream" as defined in 14 CCR Section
17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(pp)(42) Hotel has the same meaning as in Section 17210 of the Business and
Professions Code.
(qq)(43) Inspection means a site visit where a City, its designee, or Regional
Agency reviews records, containers, and an entity's collection, handling,
recycling, or landfill disposal of organic waste or edible food handling to
determine if the entity is complying with requirements set forth in this
Article, or as otherwise defined in 14 CCR Section 18982(a)(35).
(rr)(44) Large event means an event, including, but not limited to, a sporting event
or a flea market, that charges an admission price, or is operated by a local
agency, and serves an average of more than two thousand individuals per
day of operation of the event, at a location that includes, but is not limited
to, a public, nonprofit, or privately owned park, parking lot, golf course,
street system, or other open space when being used for an event. If the
definition in 14 CCR Section 18982(a)(38) differs from this definition, the
definition in 14 CCR Section 18982(a)(38) shall apply to this Article.
(ss)(45) Large venue means a permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds of the
facility per day of operation of the venue facility. For purposes of this
Article and implementation of 14 CCR, Division 7, Chapter 12, a venue
facility includes, but is not limited to, a public, nonprofit, or privately
owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse track,
performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of this Article and implementation of 14
CCR, Division 7, Chapter 12, a site under common ownership or control
that includes more than one large venue that is contiguous with other Large
Venues in the site, is a single large venue. If the definition in 14 CCR
Section 18982(a)(39) differs from this definition, the definition in 14 CCR
Section 18982(a)(39) shall apply to this Article.
(tt)(46) Local education agency means a school district, charter school, or county
office of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14 CCR
Section 18982(a)(40).
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(uu)(47) Mul ti-family residential dwelling or multi-family means of, from, or
pertaining to residential premises with five or more dwelling units. Multi-
Family premises do not include hotels, motels, or other transient occupancy
facilities, which are considered commercial businesses. residential premises
with fewer than five dwelling units shall be considered single-family.
(vv)(48) MWELO refers to the Model Water Efficient Landscape Ordinance
(MWELO), 23 CCR, Division 2, Chapter 2.7.
(ww)(49) Non -compostable paper includes, but is not limited to, paper that is coated
in a plastic material that will not breakdown in the composting process, or
as otherwise defined in 14 CCR Section 18982(a)(41).
(xx)(50) Non -local entity means the following entities that are not subject to the
jurisdiction's enforcement authority, or as otherwise defined in 14 CCR
Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City,
including the Saratoga Fire Protection District, West Valley
Sanitary District, and Cupertino Sanitary District.
(2) Federal facilities and state agencies located withinthe boundaries of
the City.
(3) Public universities (including community colleges) located within
the boundaries of the City, including the West Valley Community
College District.
(yy)(51) Notice of violation (NOV)means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as
otherwise defined in 14 CCR Section 18982(a)(45) or further explained in
14 CCR Section 18995.4.
(zz)(52) Occupant means the person who occupies a premises.
(aaa)(53) Organic materials means green waste, food waste, lumber, and wood
waste.
(bbb)(54) Organic materials container has the same meaning as in 14 CCR Section
18982.2(a)(29) and shall be used for the purpose of storage and collection
of source separated organic materials.
(ccc)(55) Organic waste means solid wastes containing material originated from
living organisms and their metabolic waste products, including but not
limited to food, green material, landscape and pruning waste, organic
textiles and carpets, lumber, wood, paper products, printing and writing
paper, manure, biosolids, digestate, and sludges or as otherwise defined in
14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14
CCR Section 18982(a).
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(ddd)(56) Organic waste generator means a person or entity that is responsible for
the initial creation of organic waste, or as otherwise defined in 14 CCR
Section 18982(a)(48).
(eee)(57) Overage means discarded materials exceeding the container's intended
capacity such that the container's lid is lifted by at least one (1) inch (or
would be lifted by at least one (1) inch if there was a lid); or, (ii) discarded
materials placed on top of or in the immediate vicinity of the container,
excluding allowed cardboard.
(fff)(58) Own er means the person(s) holding legal title to real property and/or any
improvements thereon and shall include the person(s) listed on the latest
equalized assessment roll of the County Assessor, or as otherwise defined
in 14 CCR Section 18982(a)(57).
(ggg)(59) Paper products include, but are not limited to, paper janitorial supplies,
cartons, wrapping, packaging, file folders, hanging files, corrugated boxes,
tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
(hhh)(60) Premises means any land or building in the City where recyclable
materials, organic materials, solid waste, or C&D are generated or
accumulated.
(iii)(61) Printing and writing papers include, but are not limited to, copy,
xerographic, watermark, cotton fiber, offset, forms, computer printout
paper, white wove envelopes, manila envelopes, book paper, note pads,
writing tablets, newsprint, and other uncoated writing papers, posters, index
cards, calendars, brochures, reports, magazines, and publications, or as
otherwise defined in 14 CCR Section 18982(a)(54).
(jjj)(62) Process or processing (or any variation thereof) means the controlled
separation, recovery, volume reduction, conversion, or recycling of source
separated recyclable materials or source separated organic materials
including, but not limited to, organized, manual, automated, or mechanical
sorting, the use of vehicles for spreading of waste for the purpose of
recovery, and/or includes the use of conveyor belts, sorting lines, or volume
reduction equipment, or as otherwise defined in 14 CCR Section
17402(a)(20).
(kkk)(63) Prohibited container contaminants means the following: (i) discarded
materials placed in the recyclable materials container that are not identified
as acceptable source separated recyclable materials for the City's recyclable
materials container; (ii) discarded materials placed in the organic materials
container that are not identified as acceptable source separated organic
materials for the City's organic materials container; (iii) discarded materials
placed in the solid waste container that are acceptable source separated
recyclable materials and/or source separated organic materials to be placed
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in City's organic materials container and/or recyclable materials container;
and, (iv) excluded waste placed in any container.
(lll)(64) Recovered organic waste products means products made from California,
landfill-diverted recovered organic waste processed in a permitted or
otherwise authorized facility, or as otherwise defined in 14 CCR Section
18982(a)(60).
(mmm)(65) Recovery means any activity or process described in 14 CCR Section
18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(nnn)(66) Recyclable materials means materials that are intended for the purposes of
being reused or . The particular materials eligible to be recycled through the
City's programs shall be specified from time to time by the Regional
Agency.
(ooo)(67) Recyclable materials container has the same meaning as in 14 CCR
Section 18982.2(a)(5) and shall be used for the purpose of storage and
collection of source separated recyclable materials.
(ppp)(68) Recycled-content paper means paper products and printing and writing
paper that consists of at least 30 percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
(qqq)(69) Regional Agency means the West Valley Solid Waste Management
Authority.
(rrr)(70) Regional Agency Enforcement Official means a designated enforcement
official from the Regional Agency or other regional or county agency,
designated by the City with responsibility for enforcing this Article in
conjunction or consultation with City enforcement official.
(sss)(71) Remote monitoring means the use of the internet of things (IoT) and/or
wireless electronicdevices to visualize the contents of recyclable materials
containers, organic materials containers, and solid waste materials
containers for purposes of identifying the quantity of materials in containers
(level of fill) and/or presence of prohibited container contaminants.
(ttt)(72) Renewable gas means gas derived from organic waste that has been
diverted from a California landfill and processed at an in-vessel digestion
facility that is permitted or otherwise authorized by 14 CCR to recycle
organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(uuu)(73) Restaurant means an establishment primarily engaged in the retail sale of
food and drinks for on-premises or immediate consumption, or as otherwise
defined in 14 CCR Section 18982(a)(64).
(vvv)(74) Rou te review means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
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mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR Section 18982(a)(65).
(www)(75) Salvage means the controlled removal of C&D debris from a covered
project, for the purpose of reuse or storage for later reuse.
(xxx)(76) SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on
September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and
39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in a
statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
(yyy)(77) SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the
purposes of this Article, the short-lived climate pollutants: organic waste
reduction regulations developed by CalRecycle that created 14 CCR,
Division 7, Chapter 12 and amended portions of regulations of 14 CCR and
27 CCR.
(zzz)(78) Self-hauler means a person, who hauls solid waste, organic waste or
recyclable material they have generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in 14 CCR
Section 18982(a)(66). Back-haul means generating and transporting
Organic Waste to a destination owned and operated by the generator using
the generator's own employees and equipment, or as otherwise defined in
14 CCR Section 18982(a)(66)(A). Self-hauler also includes a landscaper.
(aaaa)(79) Service level refers to the size of a customer's container(s) and the
frequency of collection service.
(bbbb)(80) Share table has the same meaning as in Section 114079 of the Health and
Safety Code.
(cccc)(81) Single-family means of, from, or pertaining to any residential premises
with fewer than five units.
(dddd)(82) Solid waste has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid, semisolid, and liquid wastes, including garbage, trash,
refuse, paper, rubbish, ashes, industrial wastes, construction and demolition
debris, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is
not hazardous waste, manure, vegetable or animal solid and semi-solid
wastes, and other discarded solid and semisolid wastes, with the exception
that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code
Section 40141.
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(2) Radioactive waste regulated pursuant to the State Radiation Control
Law (Chapter 8 (commencing with Section 114960) of Part 9 of
Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of
Division 104 of the State Health and Safety Code). Untreated
medical waste shall not be disposed of in a Solid Waste landfill, as
defined in State Public Resources Code Section 40195.1. Medical
waste that has been treated and deemed to be Solid Waste shall be
regulated pursuant to Division 30 of the State Public Resources
Code.
(eeee)(83) Solid waste materials container has the same meaning as in 14 CCR
Section 18982.2(a)(28) and shall be used for the purpose of storage and
collection of Solid Waste.
(ffff)(84) Source separated means materials, including commingled recyclable
materials, that have been separated or kept separate from the Solid Waste
stream, at the point of generation, for the purpose of additional sorting or
processing those materials for recycling or reuse in order to return them to
the economic mainstream in the form of raw material for new, reused, or
reconstituted products, which meet the quality standards necessary to be
used in the marketplace, or as otherwise defined in 14 CCR Section
17402.5(b)(4). For the purposes of this Article, source separated shall
include separation of materials by the generator, property owner, property
owner's employee, property manager, or property manager's employee into
different containers for the purpose of collection such that source separated
materials are separated from solid waste for the purposes of collection and
processing.
(gggg)(85) Source separated organic materials means source separated organic
materials that can be placed in an organic materials container that is
specifically intended for the separate collection of organic waste.
(hhhh)(86) Source separated recyclable materials means source separated
recyclables materials that can be placed in a recyclable materials containers
that is specifically intended for the separate collection of recyclable
materials
(iiii)(87) State means the State of California.
(jjjj)(88) Supermarket means a full-line, self-service retail store with gross annual
sales of two million dollars, or more, and which sells a line of dry grocery,
canned goods, or nonfood items and some perishable items, or as otherwise
defined in 14 CCR Section 18982(a)(71).
(kkkk)(89) Tier one commercial edible food generator means a commercial edible
food generator that is one of the following:
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(1) Supermarket.
(2) Grocery store with a total facility size equal to or greater than ten
thousand square feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
If the definition in 14 CCR Section 18982(a)(73) of tier one commercial
edible food generator differs from this definition, the definition in 14 CCR
Section 18982(a)(73) shall apply to this Article.
(llll)(90) Tier two commercial edible food generator means a commercial edible
food generator that is one of the following:
(1) Restaurant with two hundred fifty or more seats, or a total facility
size equal to or greater than five thousand square feet.
(2) Hotel with an on-site food facility and two hundred or more rooms.
(3) Health facility with an on-site food facility and one hundred or more
beds.
(4) Large venue.
(5) Large event.
(6) A State agency with a cafeteria with two hundred fifty or more seats
or total cafeteria facility size equal to or greater than five thousand
square feet.
(7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial
edible food generator differs from this definition, the definition in 14 CCR
Section 18982(a)(74) shall apply to this Article.
(mmmm)(91) Transportation or transport means the act of conveying Collected
materials from one location to another.
(nnnn)(92) Universal waste means waste defined by 22 CCR Subsections 66273.1
through 66273.9, including, but not limited to batteries, fluorescent light
bulbs, mercury switches, and E-waste.
(oooo)(93) West Valley Clean Water Authority means the stormwater pollution
prevention authority for the cities of Campbell, Monte Sereno, Saratoga,
and the town of Los Gatos.
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(pppp)(94) Wholesale food vendor means a business or establishment engaged in the
merchant wholesale distribution of food, where food (including fruits and
vegetables) is received, shipped, stored, prepared for distribution to a
retailer, warehouse, distributor, or other destination, or as otherwise defined
in 14 CCR Section 189852(a)(76).
*** End of Amendments ***
1787458.1
160
SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:City Manager’s Department
PREPARED BY:Leslie Arroyo, Assistant City Manager
SUBJECT:Evacuation Route Assessment
RECOMMENDED ACTION:
Authorize the City Manager to sign an agreement with Fehr and Peers to conduct an Evacuation
Route Capacity Analysis in the amount of $54,000.
BACKGROUND:
With an increase in the frequency and severity of wildfires and other hazards, the State has
developed new requirements for evacuationplanning. Several state laws require greater integration
of resilience in local long-range planning. In accordance with these laws, the City’s recently
adopted Safety Element includes the following implementation measure, with a targeted
completion within one year of the Safety Element’s adoption:
IM SAF-5.10b: Create and adopt an evacuation route assessment as part of the Local
Hazard Mitigation Plan, to identify evacuation routes and their capacity, safety, and
viability and evacuation locations under a range of emergency scenarios.
To move forward with this program the City will engage Fehr and Peers to consider various factors
when evaluating Saratoga’s evacuation routes, including accessibility, capacity, suitability,
proximity to emergency services, and short- and long-term appropriateness. As part of its scope of
work, Fehr and Peers will collaborate with City staff to evaluate thesefactors for the City’s primary
evacuation routes.
Fehr and Peers will also evaluate the distance people have to travel to reach evacuation locations
or gateways in the city, which will assist in identifying potentially vulnerable communities that
have limited accessibility.
Upon authorization to proceed with the project, staff anticipates this effort will be complete within
five months.
FISCAL IMPACT:
Funding has been appropriated for this project in the FY2024/25 operating budget.
161
ATTACHMENT:
Attachment A – Fehr and Peers Scope of Work
1797555.1
162
60 S. Market Street | Suite 700 | San José, CA 95113 | (408) 278-1700 | Fax (408) 278-1717
www.fehrandpeers.com
Scope of Work
This scope was developed to meet the requirements of Assembly Bill (AB) 747 and AB 1409. These
assembly bills require agencies to update their safety elements to identify evacuation routes and
evacuation locations, and evaluate their capacity, safety, and viability under a range of emergency
scenarios. The following is our proposed scope of work based on our project understanding and
informed by our discussions with City of Saratoga.
Task 1: AB 747 and AB 1409 Evacuation Route Capacity Analysis
Fehr & Peers will organize and facilitate a workshop with City staff (planning, public works,
emergency services) to identify a range of emergency scenarios – up to three likely events
representing different evacuation profiles. Fehr & Peers will also lead a discussion about the key
evacuation routes for these scenarios and the parameters for the evacuation analyses. We will rely
on expertise from others on the project team to identify various hazard conditions and potential
constraints to evacuation that ensure compliance with California Board of Forestry and Fire
Protection requirements (AB 747 and AB 1409) associated with the required Safety Element
review. These events are likely to include wildfires, flooding, and/or landslides as noted in the
countywide Local Hazard Mitigation Plan. The selection of evacuation events to evaluate will be
based on events that have the highest evacuation demand in the shortest period. Certain types of
events like earthquakes do not typically include a large-scale evacuation as residents are typically
told to shelter in place. The analysis will be conducted for residents evacuating designated hazard
areas on City evacuation routes for evacuation scenarios based on an evacuation order being
issued when all residents are at home. A qualitative discussion of potential evacuation route
constraints in adjacent cities will also be provided.
Fehr & Peers will then collaborate with City staff to evaluate the capacity (using volume to
capacity ratios based on the number of travel lanes, roadway classifications, etc.), safety, and
viability of key evacuation routes. We will also evaluate the distance people have to travel to reach
evacuation locations (e.g., temporary areas of refuge, evacuation centers, evacuation endpoints)
or gateways in the City, which will assist in identifying potentially vulnerable communities that
have limited accessibility. To complete this task, Fehr & Peers will obtain available GIS files from
City staff that include parcels, roadways, US census data, key critical facilities and infrastructure,
and relevant hazard layers obtained by others. Most hazard layers will be sourced from federal,
state, and regional agencies, however, if the City has specific layers of concern, these should be
provided for the analysis.
Fehr & Peers will summarize a citywide risk screening by identifying high, medium, and low risk
corridors in the City of Saratoga based on high hazard locations (collector or arterial streets in the
hazard areas identified in the Senate Bill 99 accessibility analysis in the Draft Safety Element),
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June 24, 2024
Page 2 of 2
population density, and roadway capacity. Fehr & Peers will document compliance with AB 747
and AB 1409 requirements in Task 2.
Please note that we have scope out a “high-level” assessment, using planning parameters related
to hourly vehicle throughput and travel distances to assist with the evacuation route assessment.
This method does not account for preparation and/or departure time over the evacuation period
or time delays due to queue spill back at bottlenecks that may block other vehicles. Other, more
sophisticated approaches are available (including the use of Fehr & Peers’ EVAC+ Tool which
applies a dynamic traffic assignment where departure time, queues, and travel time are accounted
for throughout the evacuation route network), but we have not included that into our scope.
Task 2: Documentation
Fehr & Peers will prepare one memorandum that documents AB 747 and AB 1409 compliance
and recommends safety element policies based on the results of Task 1. The safety element
policies will include evacuation implementation programs for incorporation into the Safety
Element to provide compliance with AB 747 and AB 1409. These recommendations may include
improved emergency response time, increased notifications, evacuation drills for residents,
improved infrastructure to assist with evacuation (e.g. improved roadway network connectivity in
some areas), and/or development limitations for areas where circulation constraints may affect
future development.
The draft memorandum will be submitted to the City for review and comment. Review comments
will be incorporated into the final memorandum. Our fee estimate assumes 6 professional staff
hours to respond to comments and prepare a final memorandum. Responding to comments
requiring additional technical analysis or requiring more than 6 staff hours will be conducted as
an additional service.
Task 3: Meetings
Fehr & Peers will attend up to six (6) 1-hour web-enabled project team conference calls with two
staff present. Preparation for or attendance at additional meetings, public engagement, or public
hearings related to the safety element will be completed as an additional service.
Fee Estimate
The fee to conduct the scope of work noted above will be completed on a time-and-materials
basis for a not-to-exceed fee of $54,000. Any additional work requested outside of this scope of
work will be scoped and budgeted on a time-and-material basis with prior authorization from the
client.
We can begin upon receipt of authorization to proceed with the project. We anticipate
completing this effort within five months of our receipt of authorization to proceed from the City.
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SARATOGA CITY COUNCIL
MEETING DATE:July 03, 2024
DEPARTMENT:Public Works Department
PREPARED BY:John Cherbone, Director
SUBJECT:Parks Restrooms Renovations Project Award of Contract
RECOMMENDED ACTION(S):
1) Award a contract to Selway Construction in the amount of $294,999 for the Parks
Restrooms Renovations Project.
2) Authorize a 15 percent contingency to execute change orders to the contract up to
$44,250, for a total not to exceed $339,249.
BACKGROUND:
Formal bids for the Parks Restrooms Renovations project were received and opened on June 18,
2024. Staff reviewed the four bids received and determined that the lowest bidder, Selway
Construction, qualifies for the award of contract.
The scope of the contract includes renovations and improvements to the restroom facilities at
Congress Springs Park, El Quito Park, and Wildwood Park. The plans and specifications for the
project, as noted in Attachment B, were prepared under Staff direction by Steve Benzing Architect.
FISCAL IMPACT:
This project is funded by American Rescue Plan Act funds. Of the approximately $340,000
needed, $237,000 is available in the Parks Restroom Improvements Capital Improvement
Program (CIP) budget, and the remaining $103,000 will be transferred from the Monte Vista
Storm Drain Improvements CIP budget.
ATTACHMENTS:
Attachment A – Bid Tabulation
Attachment B – Contract
165
Congress Springs
Park El Quito Park Wildwood Park
Task #Task
Lump Sum Bid
Amount
Lump Sum Bid
Amount
Lump Sum Bid
Amount
1 Mobilization $21,626.00 $21,626.00 $21,626.00
2 Demolition $6,762.00 $7,200.00 $6,324.00
3 Debris Disposal $800.00 $800.00 $800.00
4 Temporary Facilities $560.00 $560.00 $560.00
5
Concrete (contractor shall
verify w/c locations and
relocate for plan dimensions
as required $0.00 $0.00 $0.00
6 Metals - Miscellaneous $0.00 $0.00 $0.00
7
Miscellaneous Rough
Carpentry $10,554.00 $10,554.00 $10,554.00
8 Finish Carpentry $8,864.00 $8,845.00 $8,845.00
9
Thermal and Moisture
Protection $0.00 $0.00 $0.00
10
Doors and Windows (reuse
existing doors)$2,149.00 $2,149.00 $2,149.00
11 Drywall $0.00 $0.00 $0.00
12 Painting & Staining $3,829.00 $3,829.00 $3,829.00
13 Floor Covering $2,364.00 $2,364.00 $2,364.00
14 Tile $16,144.00 $16,144.00 $0.00
15 Toilet Partitions $16,998.00 $16,990.00 $16,990.00
16 ADA Door Hardware $0.00 $0.00 $0.00
17 Signage $600.00 $600.00 $600.00
18 Changing Tables $3,200.00 $3,200.00 $3,200.00
19 Furnishings $0.00 $0.00 $0.00
20
Plumbing Fixtures and
Faucets $13,984.00 $13,984.00 $13,984.00
21 Rough Electrical $3,968.00 $3,968.00 $3,968.00
22 Finish Electrical $3,968.00 $3,968.00 $3,968.00
23 Lighting Fixtures $5,290.00 $5,290.00 $5,290.00
24
Communication Wiring Rough
& Finish $0.00 $0.00 $0.00
25 Fire Alarm $0.00 $0.00 $0.00
26 Security Wiring & Switches $0.00 $0.00 $0.00
$121,660.00 $122,071.00 $105,051.00
$348,782.00
Flashback Construction
Bid Sub-Totals
166
Task #Task
1 Mobilization
2 Demolition
3 Debris Disposal
4 Temporary Facilities
5
Concrete (contractor shall
verify w/c locations and
relocate for plan dimensions
as required
6 Metals - Miscellaneous
7
Miscellaneous Rough
Carpentry
8 Finish Carpentry
9
Thermal and Moisture
Protection
10
Doors and Windows (reuse
existing doors)
11 Drywall
12 Painting & Staining
13 Floor Covering
14 Tile
15 Toilet Partitions
16 ADA Door Hardware
17 Signage
18 Changing Tables
19 Furnishings
20
Plumbing Fixtures and
Faucets
21 Rough Electrical
22 Finish Electrical
23 Lighting Fixtures
24
Communication Wiring Rough
& Finish
25 Fire Alarm
26 Security Wiring & Switches
Bid Sub-Totals
Congress Springs
Park El Quito Park Wildwood Park
Lump Sum Bid
Amount
Lump Sum Bid
Amount
Lump Sum Bid
Amount
$5,000.00 $5,000.00 $5,000.00
$5,000.00 $5,000.00 $5,000.00
$5,000.00 $5,000.00 $5,000.00
$2,500.00 $2,500.00 $2,500.00
$0.00 $0.00 $0.00
$10,000.00 $10,000.00 $10,000.00
$3,333.00 $3,333.00 $3,333.00
$5,000.00 $5,000.00 $5,000.00
$3,000.00 $3,000.00 $3,000.00
$3,500.00 $3,500.00 $3,500.00
$3,000.00 $3,000.00 $3,000.00
$2,500.00 $2,500.00 $2,500.00
$6,500.00 $6,500.00 $6,500.00
$5,000.00 $5,000.00 $5,000.00
$10,000.00 $10,000.00 $10,000.00
$4,000.00 $4,000.00 $4,000.00
$500.00 $500.00 $500.00
$1,000.00 $1,000.00 $1,000.00
$5,000.00 $5,000.00 $5,000.00
$8,000.00 $8,000.00 $8,000.00
$4,000.00 $4,000.00 $4,000.00
$2,500.00 $2,500.00 $2,500.00
$4,000.00 $4,000.00 $4,000.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$98,333.00 $98,333.00 $98,333.00
$294,999.00
Selway Construction
167
Task #Task
1 Mobilization
2 Demolition
3 Debris Disposal
4 Temporary Facilities
5
Concrete (contractor shall
verify w/c locations and
relocate for plan dimensions
as required
6 Metals - Miscellaneous
7
Miscellaneous Rough
Carpentry
8 Finish Carpentry
9
Thermal and Moisture
Protection
10
Doors and Windows (reuse
existing doors)
11 Drywall
12 Painting & Staining
13 Floor Covering
14 Tile
15 Toilet Partitions
16 ADA Door Hardware
17 Signage
18 Changing Tables
19 Furnishings
20
Plumbing Fixtures and
Faucets
21 Rough Electrical
22 Finish Electrical
23 Lighting Fixtures
24
Communication Wiring Rough
& Finish
25 Fire Alarm
26 Security Wiring & Switches
Bid Sub-Totals
Congress Springs
Park El Quito Park Wildwood Park
Lump Sum Bid
Amount
Lump Sum Bid
Amount
Lump Sum Bid
Amount
$35,000.00 $35,000.00 $35,000.00
$2,334.00 $2,334.00 $2,334.00
$1,000.00 $1,000.00 $1,000.00
$4,200.00 $4,200.00 $4,200.00
$3,000.00 $3,000.00 $3,000.00
$0.00 $0.00 $0.00
$2,000.00 $2,000.00 $2,000.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$6,000.00 $6,000.00 $6,000.00
$2,225.00 $2,225.00 $2,225.00
$1,792.00 $1,792.00 $1,792.00
$13,000.00 $7,825.00 $9,675.00
$12,985.00 $12,944.00 $10,042.00
$1,335.00 $1,335.00 $1,335.00
$500.00 $500.00 $500.00
$516.00 $516.00 $516.00
$2,109.00 $2,171.00 $1,792.00
$27,556.00 $27,834.00 $32,680.00
$11,352.00 $10,835.00 $11,835.00
$1,480.00 $1,200.00 $1,480.00
$677.50 $485.00 $677.50
$0.00 $0.00 $0.00
$22,500.00 $20,700.00 $20,700.00
$0.00 $0.00 $0.00
$151,561.50 $143,896.00 $148,783.50
$444,241.00
R.C. Benson & Sons, Inc.
168
Task #Task
1 Mobilization
2 Demolition
3 Debris Disposal
4 Temporary Facilities
5
Concrete (contractor shall
verify w/c locations and
relocate for plan dimensions
as required
6 Metals - Miscellaneous
7
Miscellaneous Rough
Carpentry
8 Finish Carpentry
9
Thermal and Moisture
Protection
10
Doors and Windows (reuse
existing doors)
11 Drywall
12 Painting & Staining
13 Floor Covering
14 Tile
15 Toilet Partitions
16 ADA Door Hardware
17 Signage
18 Changing Tables
19 Furnishings
20
Plumbing Fixtures and
Faucets
21 Rough Electrical
22 Finish Electrical
23 Lighting Fixtures
24
Communication Wiring Rough
& Finish
25 Fire Alarm
26 Security Wiring & Switches
Bid Sub-Totals
Congress Springs
Park El Quito Park Wildwood Park
Lump Sum Bid
Amount
Lump Sum Bid
Amount
Lump Sum Bid
Amount
$7,500.00 $7,500.00 $7,500.00
$5,000.00 $5,000.00 $5,000.00
$2,200.00 $2,200.00 $2,200.00
$2,000.00 $2,000.00 $2,000.00
$2,000.00 $2,000.00 $2,000.00
$2,000.00 $2,000.00 $2,000.00
$2,000.00 $2,000.00 $2,000.00
$5,000.00 $5,000.00 $5,000.00
$3,000.00 $3,000.00 $3,000.00
$1,000.00 $1,000.00 $1,000.00
$6,000.00 $6,000.00 $6,000.00
$5,000.00 $5,000.00 $5,000.00
$5,000.00 $5,000.00 $5,000.00
$20,000.00 $20,000.00 $20,000.00
$20,000.00 $20,000.00 $20,000.00
$4,000.00 $4,000.00 $4,000.00
$2,000.00 $2,000.00 $2,000.00
$5,000.00 $5,000.00 $5,000.00
$2,000.00 $2,000.00 $2,000.00
$39,000.00 $39,000.00 $39,000.00
$3,000.00 $3,000.00 $3,000.00
$5,000.00 $5,000.00 $5,000.00
$1,000.00 $1,000.00 $1,000.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$0.00 $0.00 $0.00
$148,700.00 $148,700.00 $148,700.00
$446,100.00
Pro-Ex Construction
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
(Updated May 2024)
CITY OF SARATOGA
CONTRACT DOCUMENTS
FOR
PARKS RESTROOM RENOVATIONS PROJECT
KEY BID DATES
Date Issued: Monday June 3, 2024
Requests for Equals/Clarifications Due: Thursday June 13, 2024, at 5:00pm
Bid Due: Tuesday June 18, 2024, at 2:00pm
Council Award Date: Wednesday July 3, 2024
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
i
CITY OF SARATOGA
Table of Contents
NOTICE INVITING BIDS ................................................................................................................. 1
INFORMATION FOR BIDDERS ..................................................................................................... 4
SCOPE AND LOCATION OF WORK ..................................................................................................... 4
INSPECTION OF WORK SITE ................................................................................................................ 4
EXAMINATION OF CONTRACT DOCUMENTS ................................................................................. 4
REPORT OF ERRORS AND OMISSIONS .............................................................................................. 4
INTERPRETATION OF CONTRACT DOCUMENTS ............................................................................ 5
BIDS .......................................................................................................................................................... 5
ADDENDA ............................................................................................................................................... 6
BID PRICES .............................................................................................................................................. 6
TAXES ...................................................................................................................................................... 7
EXPERIENCE OF BIDDERS ................................................................................................................... 7
LISTS OF SUBCONTRACTORS ............................................................................................................. 7
BID GUARANTY ..................................................................................................................................... 7
MODIFICATION OF BID ........................................................................................................................ 8
POSTPONEMENT OF OPENING ............................................................................................................ 8
NON COLLUSION AFFIDAVIT ............................................................................................................. 8
DISQUALIFICATION OF BIDDER ........................................................................................................ 8
REJECTION OF BIDS .............................................................................................................................. 8
RELIEF OF BIDDERS .............................................................................................................................. 8
COMPLETING AND SIGNING FORMS ................................................................................................. 9
DEBARRED CONTRACTORS AND SUBCONTRACTORS ................................................................. 9
PRIOR APPROVAL OF SUBSTITUTIONS ("APPROVED EQUALS") ................................................ 9
PREVAILING WAGE AND APPRENTICESHIP .................................................................................... 9
BID PROTEST PROCEDURES ...............................................................................................................10
GENERAL CONDITIONS ............................................................................................................. 12
SECTION GC-1 DEFINITIONS AND TERMS .................................................................................12
SECTION GC-2 BID REQUIREMENTS AND CONDITIONS ........................................................13
SECTION GC-3 AWARD AND EXECUTION OF CONTRACT .....................................................14
SECTION GC-4 SCOPE OF WORK ..................................................................................................15
SECTION GC-5 CONTROL OF WORK ...........................................................................................16
SECTION GC-6 CONTROL OF MATERIALS .................................................................................19
SECTION GC-7 LEGAL RELATIONS AND RESPONSIBILITY ...................................................21
SECTION GC-8 PROSECUTION AND PROGRESS .......................................................................35
SECTION GC-9 MEASUREMENT AND PAYMENT .....................................................................38
SECTION GC-10 DUST CONTROL ...................................................................................................41
SECTION GC-11 RESERVED ............................................................................................................41
SECTION GC-12 DIFFERING SITE CONDITIONS ..........................................................................41
SECTION GC-13 ARCHAEOLOGICAL EXAMINATION ...............................................................42
WAIVER AND RELEASE ............................................................................................................. 43
SPECIAL CONDITIONS ............................................................................................................... 48
STATEMENT OF EXPERIENCE AND QUALIFICATIONS .......................................................... 54
BID FORM ..................................................................................................................................... 57
CONTRACT BID .....................................................................................................................................58
BID SCHEDULE ......................................................................................................................................60
BONDS .......................................................................................................................................... 62
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
ii
BID BOND ...............................................................................................................................................63
FAITHFUL PERFORMANCE BOND .....................................................................................................65
LABOR AND MATERIALS PAYMENT BOND ....................................................................................69
CONTRACT FOR CONSTRUCTION ............................................................................................ 72
REQUIRED CERTIFICATIONS .................................................................................................... 78
BIDDER’S CHECKLIST .........................................................................................................................79
NONCOLLUSION AFFIDAVIT .............................................................................................................80
PROPOSED MAJOR MATERIAL SUPPLIERS .....................................................................................81
PROPOSED SUBCONTRACTORS ........................................................................................................82
AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND NONCOMPETITIVE PRACTICES
..................................................................................................................................................................84
FAIR EMPLOYMENT PRACTICES CERTIFICATE ............................................................................85
CONTRACTOR’S RESPONSE FORM ...................................................................................................89
A CERTIFICATION CONCERNING CONTROL OF EMPLOYEES OF CONTRACTOR ..................90
CITY OF SARATOGA DEPARTMENT OF INDUSTRIAL RELATIONS REPORTING .....................91
CITY OF SARATOGA CONTRACTOR OFF-ROAD REGULATIONS ASSURANCES .....................92
PLANS ........................................................................................................................................... 93
CITY ORDINANCE #400 (DEBRIS DISPOSAL) ........................................................................ 101
ARPA FUNDING AGREEMENT ................................................................................................. 129
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
Notice Inviting Bids 1
NOTICE INVITING BIDS
Parks Restroom Renovations Project
SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until 2:00pm on
Tuesday June 18, 2024 for Parks Restroom Renovations Project.
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: Parks Restroom Renovations Project
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 Parks Restroom
Renovations Project 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 complete the Parks Restroom
Renovations Project and other work not specifically mentioned herein, but which
may be required as directed by CITY or its designated representative.
CITY hereby notifies all Bidders that it will affirmatively ensure that in regard to
any contract entered into pursuant to this Invitation for Bid, Disadvantaged
Business Enterprises (DBE’s) will be afforded full opportunity to submit Bids in
response to this invitation and will not be discriminated against on the basis of
race, color, sex, national origin, in consideration for an award.
Project is to be completed within 60 working days from the date specified
in the Notice to Proceed. The Contractor shall pay to the City of Saratoga
the sum of One Thousand and Nine Hundred ($1,900) for each and every
working day’s delay in finishing the work in excess of the working day
completion time.
Bidders may obtain copies of the bidding documents at the Public Works Department, City
of Saratoga. A set of bid documents can be obtained from the City website at
www.saratoga.ca.us, or via phone request at 1-408-868-1247, or email request at
publicworks@saratoga.ca.us.
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
Notice Inviting Bids 2
A written request can also be mailed to Attn: Public Works Department, City of Saratoga
13777 Fruitvale Avenue, Saratoga CA 95070.
Requests for equals/clarifications are due: no later than 5:00 PM on Thursday June 13,
2024.
Any questions concerning this bid should be addressed to Shawn Gardner, Parks
Manager, Public Works Department, City of Saratoga, phone and fax (408) 868-1247 or
email sgardner@saratoga.ca.us.
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. Full compensation for conforming to these requirements shall be deemed
included in the prices paid for the various contract items of work, and no separate payment
will be made therefor. Contractor and all subcontractors are not qualified to bid on or be
listed in a bid proposal, subject to the requirements of section 4104 of the California Labor
Code, and shall not engage in the performance of any work under this contract, unless
currently registered and qualified to perform public work pursuant to section 1725.5 of the
California Labor Code.
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 License at the
time that the bid is submitted. Failure to possess the specified license shall render the bid
non-responsive.
Bidders are advised to carefully review the attached sample contract document for
requirements including insurance provisions, bond submittals and Department of
Industrial Relations (DIR) registration and reporting needed to enter a contract with the
CITY.
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 race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, and shall comply with the Americans with Disabilities Act.
The successful bidder shall also comply with the CITY’s construction debris diversion
requirements, set forth in Articles 7-05, 7-10, and 7-15 of the Saratoga Municipal Code,
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
Notice Inviting Bids 3
as shown in City Ordinance #400, which is included in the bid documents and incorporated
into the Saratoga Contract for Construction for this Project.
This project is funded by federal American Rescue Plan Act (ARPA) funds, issued by the
U.S Department of the Treasury. The successful bidder will comply with all rules and
regulations required by this funding entity. Applicable funding entity requirements are set
forth as in the ARPA Funding Agreement, which is included in the bid documents and
incorporated into the Saratoga Contract for Construction for this Project.
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 5 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, via publicworks@saratoga.ca.us or (408) 868-1239.
CITY OF SARATOGA
Public Works Department
June 3, 2024
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
Information for Bidders 4
INFORMATION FOR BIDDERS
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 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.
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INTERPRETATION OF CONTRACT DOCUMENTS
No oral representation or interpretations will be made to any bidders as to the meaning of
the Contract Documents. In the event a bidder has any questions as to the meaning of
any part of the Contract Documents, or if the bidder finds any error, inconsistency, or
ambiguity in the Contract Documents, including any addenda, the bidder shall make a
written request for clarification prior to submitting its bid. All questions and comments
regarding the Contract Documents should be directed to the Director of Public Works an
will only be responded to if received in writing at least five (5) working days before the bid
opening date. Questions received after this date and date may not be responded to.
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/Fax: (408) 868-1239
Email: publicworks@saratoga.ca.us
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.
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.
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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.
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.
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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 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 the Statement of
Experience and Qualifications included in the Contract Documents.
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.
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
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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 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.
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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, by the deadline for submitting
requests for equals/clarifications specified in the Notice Inviting Bids.
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"). 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
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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
Any Bid Protest must be in writing and submitted to the Public Works Director at 13777
Fruitvale Avenue, Saratoga, CA 95070 or publicworks@saratoga.ca.us, no later than 5:00
p.m. on the third business day following the date of the Bid opening (“Bid Protest
Deadline”), and must comply with the following requirements:
1. Eligible Protestors. The party submitting the protest must have submitted a Bid
on the Project. A subcontractor of a party filing a Bid on this Project may not submit
a Bid Protest. A party may not rely on the Bid Protest submitted by another Bidder,
but must timely pursue its own protest.
2. Contents of Bid Protest. The Bid Protest must be specific and contain a complete
statement of the factual and legal grounds for the protest and include all supporting
documentation. Material submitted after the Bid Protest Deadline will not be
considered. The Bid Protest must include the name, address, telephone number,
and email address of the person representing the protesting party, if different than
the protesting party.
3. Notification of Bid Protest. By or before the Bid Protest Deadline, the party
submitting the Bid Protest must transmit the Bid Protest by fax or email to the
protested bidder and any other bidder who has a reasonable prospect of receiving
an award depending upon the outcome of the Bid Protest.
4. Responses to Bid Protest. The protested bidder may submit a written response
to the Bid Protest. This response must be submitted to the Public Works Director
at 13777 Fruitvale Avenue, Saratoga, CA 95070 or publicworks@saratoga.ca.us
no later than 5 p.m. on the second business day following the Bid Protest Deadline.
The response must include all supporting documentation, and any late material will
not be considered. The response must include the name, address, telephone
number, and email address of the person representing the responding party, if
different than the responding party.
5. Notification of Response. By or before the deadline for submitting a response
to the Bid Protest, the responding party must transmit the response to the Bid
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Protest by fax or email to the protesting bidder and any other bidder who has a
reasonable prospect of receiving an award depending upon the outcome of the Bid
Protest.
6. City Decision on Protest. City staff shall review all timely Bid Protests prior to
formal award of the contract for the Project. City staff will deliver a written response
to the Bid Protest via personal delivery, email, or fax, either accepting or rejecting
the Bid Protest and stating the reasons for the actions taken, within 10 business
days of the Bid Protest Deadline.
7. Appeal to City Council. An appeal of City staff’s decision on the Bid Protest may
be made by the protesting or responding party to the City Council by filing a written
notice of appeal with the City Clerk within two business days after the City delivers
notice of staff’s decision regarding the Bid Protest. If an appeal is timely filed and
subsequently has not been withdrawn by the protesting bidder, the City Council
shall consider the Bid Protest at a noticed, public meeting. The City Council may
hear the Bid Protest as part of its consideration of the award of the contract to
which the Bid Protest relates or may hear the bid protest as a separate item,
provided that the City Council shall decide the Bid Protest prior to awarding the
contract, unless the City Council exercises its discretion to reject all bids.
8. Waiver of Irregularities. The City reserves the right, acting at its sole discretion,
to waive any bid irregularity not materially affecting the bid, except where such
waiver would give the low bidder an advantage or benefit not allowed other
bidders.
9. Rejection of All Bids. Nothing in this section shall be construed as a waiver of
the City Council’s right to reject all bids.
10. Exclusive Remedy. The procedure and time limits set forth in this Section are
mandatory and are the Bidder’s sole and exclusive remedy in the event of a Bid
Protest. The Bidder’s failure to fully comply with these procedures shall constitute
a waiver of any right to further pursue the Bid Protest, including filing of a challenge
of the award pursuant to the California Public Contracts Code, filing of a claim
pursuant to the California Government Code, or filing of any other legal
proceedings.
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GENERAL CONDITIONS
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 issued by the State of California,
Department of Transportation, 2022 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. All metric measurements or quantities in the Caltrans Standard Specifications shall be
disregarded, and equivalent United States measures used.
Caltrans Standard Plans - Standard Plans 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 – The Director of Public Works of the City of Saratoga, acting either directly or through
properly authorized agents, such agents acting within the scope of the particular duties entrusted to
them.
Laboratory - The designated laboratory authorized by the City of Saratoga to test materials and work
involved in the contract.
Working day – a period comprising the normal working hours of the day and further defined in Section
1-1.07 ("Definitions") of the Caltrans Standard Specifications.
Other terms appearing in the Contract Documents shall have the intent and meaning specified in
Section 1-1.07 ("Definitions") 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. Bids 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 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.
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General Conditions 14
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. The bonds shall be on
the forms included in the Contract Documents. 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.
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 evidence of the
City of Saratoga business license required by Section GC-7(H), the Contract bonds required by
Section GC-3 (B) and insurance certificate(s) 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
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General Conditions 15
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.
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 and the Director of Public Works 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
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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.
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 9-1.06 ("Changed
Quantity Payment Adjustments") 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.
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
9-1.04 ("Force Account") of the Caltrans Standard Specifications.
SECTION GC-5 CONTROL OF WORK
A. AUTHORITY OF DIRECTOR OF PUBLIC WORKS
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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 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.
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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 8-1.06 (“Suspensions”) of the Caltrans Standard Specifications, suspend
all 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 stated, stakes or marks will be set by the Contractor, as the Director of Public Works
determines to be necessary to establish the lines and grades required for the completion of the Work.
Stakes and marks shall be carefully protected from vandalism and preserved by the Contractor. In
case such stakes and marks are lost, destroyed, or damaged, the Contractor will replace the stakes
within three (3) working days.
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 the Director of Public Works, or Director of Public
Work’s designee, will make the final inspection. The Contractor shall request the final inspection in
writing.
L. STORAGE OF MATERIALS
If a construction staging area is designated on the Project Plans or in the Bid Documents, the
Contractor, with the approval of the Public Works Director, can use the designated staging area free
of charge. If a construction staging area is not specified in the Project Documents, or should the
Contractor require additional real property over that specified in the Project Documents, the
Contractor shall be responsible for securing the staging area at its own expense.
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 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.
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
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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 to the Public") 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 7-1.03 ("Public Convenience") and Section
7-1.04 ("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.
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 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
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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 to the Public") 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.
In accordance with Labor Code Section 1815, the Contractor and any subcontractors shall pay all
workers employed on this project 1½ the basic rate of pay for work performed in excess of specified
hour limitations.
Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to
the requirements of section 4104 of the California Labor Code, and shall not engage in the
performance of any work under this contract, unless currently registered and qualified to perform
public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and
warrants that it is, registered and qualified to perform public work pursuant to section 1725.5 of the
California Labor Code unless otherwise noted in supplemental provisions hereto.
Contractor shall post at the job site the determination of the director of the prevailing rate of per diem
wages together with all job site notices that are required by regulations of the DIR.
As required by Labor Code Section 1773.8, the Contractor shall pay travel and subsistence payments
to each worker needed to perform the Work, as such travel and subsistence payments are defined in
the applicable collective bargaining agreements filed in accordance with Section 1773.8.
This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations. Contractor and any subcontractors shall keep accurate payroll records, in accordance
with Section 1776 of the Labor Code, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or
subcontractor in connection with the Work and shall furnish the records specified in California Labor
Code section 1776 directly to the Labor Commissioner at least monthly in a format prescribed by the
Labor Commissioner and otherwise in accordance with law.
Contractor or subcontractor shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each
worker employed in the execution of the contract by the respective contractor or subcontractor for
each calendar day during which the worker is required or permitted to work more than 8 hours in any
one calendar day and 40 hours in any one calendar week in violation of the provisions of this article.
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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.
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.
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 to the Public") 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.
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.
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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
O ("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 with the safety program. Information
regarding the safety program shall be posted at the project site.
By submitting its bid to CITY, Contractor warrants and guarantees the following, and will provide CITY
with any documents referenced below within 24 hours of the request:
a. The Contractor has either a written Injury and Illness Prevention Plan compliant with 8 CCR
3203, OR the Contractor has fewer than 10 employees, but agrees all work will be performed
in compliance with all laws, codes, regulations and best standard practices to protect
personnel, the environment, and property.
b. The Contractor will provide the CITY a copy of the Contractor’s accident investigation report
within 24 hours for each accident that occurs during the performance of the contract.
c. The Contractor:
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1. Has and can provide CITY a copy of the Contractor’s Heat Stress training certifications
for employees if those employees occasionally work outdoors for two or more
hours/day.
2. Has and can provide CITY with a copy of Contractor’s Hazard Communication
program if its employees will be using any chemicals on the job.
3. Will provide CITY a copy of the SDS (Safety Data Sheet) for each chemical brought
onto the site.
4. Has and can provide CITY a copy of the Hazardous Waste disposal plan for any
hazardous wastes generated during the job.
5. Has and can provide CITY a copy of the Contractor’s Lockout/Tagout program if any
work is to be done on any sources of hazardous energy.
6. Has and can provide CITY a copy of the Contractor’s Electrical Safety program if any
electrical work is to be performed.
7. Has and can provide CITY a copy of the Contractor’s Fall Protection program if any
work is to be performed that would require it.
8. Has and can provide CITY a copy of the Contractor’s Confined Space program if any
confined spaces are to be entered.
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 7-1.03 ("Public Convenience") and 7-1.04 ("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 Fire Department and Sherriff’s office 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-
1.03 ("Public Convenience"), 7-1.04 ("Public Safety"), and 12-4.02C(9) ("Flagging") 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 Sections 7-1.05 ("Indemnification") and 7.-1.06 (“Insurance”) and to Section
5-1.36C ("Nonhighway Facilities") of the Caltrans Standard Specifications. Contractor shall exercise
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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 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 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.
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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
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)
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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.
Contractor shall require and verify that all subcontractors, or other parties hired for this work, purchase
and maintain coverage for indemnity and insurance requirements as least as broad as specified in
this agreement to the extent they apply to the scope of the subcontractor’s work with the same
certificate of insurance requirements and naming as additional insureds all parties to this contract.
Subcontractors hired by Contractor shall agree to be bound to Contractor and CITY in the same
manner and to the same extent as Contractor is bound to the CITY under this agreement.
Subcontractors shall further agree to include these same provisions with any sub-subcontractor.
Contractor shall provide subcontractor with a copy of the indemnity and insurance provisions of this
agreement as a part of Contractor’s subcontract with subcontractor. 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 (ISO) Commercial General Liability coverage (occurrence Form CG
0001) 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") and Automobile Liability
policy(ies) 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,
servants, and volunteers (each an “additional insured”) are to be covered as insureds with
the same coverage and limits available to the named insured regarding: liability arising out
of work or operations performed by or on behalf of the Contractor, including materials,
parts, or equipment furnished in connection with such work or operations; 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, agents or volunteers. Any available insurance
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proceeds broader than or in excess of the minimum insurance coverage requirements
and/or limits specified in this agreement shall be available to the additional insured. The
requirements for coverage and limits shall be (1) the minimum coverage and limits
specified in this agreement; or (2) the broader coverage and maximum limits of coverage
of any insurance policy or proceeds available to the named insured; whichever is greater.
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. The
additional insured coverage under Contractor’s policy shall be ''primary and non-
contributory" and will not seek contribution from the CITY’s insurance or self-insurance
and shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the
addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later
edition is used. Contractor shall submit to CITY the additional insured endorsement
for its CGL 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 $2,000,000, and $2,000,000 products and
completed operations aggregate, combined single limit.
The Automobile Liability insurance policy shall provide coverage of at least $2,000,000
combined single-limit per accident for bodily injury, death, or property damage, including
hired and non-owned auto liability.
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 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. 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.
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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, and emailed to cityhall@saratoga.ca.us and to the City’s Primary Representative for
this Contract.
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. The Workers’ Compensation policy shall be endorsed with a
waiver of subrogation in favor of the City of Saratoga for all work performed by the Contractor,
its employees, agents and subcontractors, and the Contractor shall submit this waiver of
subrogation to the CITY.
Builder's Risk Insurance - The Contractor shall purchase and maintain "All Risk or Special Form"
Builder's Risk Insurance on a replacement cost basis in an amount equal to the full replacement cost
of the Work on a completed value basis, including coverage for ‘soft costs’ such as design,
engineering, and construction management fees. The builder's risk insurance shall cover all risks of
loss, including but not limited to fire; lightning; windstorm; hail, explosion; riot; riot attending a strike;
civil commotion; smoke damage; damage by aircraft or vehicles; vandalism and malicious mischief;
theft; collapse; flood; and earthquake. 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, and shall include coverage including, but not limited to all damages or loss to
the Work; to appurtenances; to materials and equipment to be used on the Project while the same
are in transit or stored on or off the project site; and/or to construction plant and temporary structures.
This insurance is required only if listed as a separate bid item in the bid schedule.
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.
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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.
Proof of Coverage - Before the Notice to Proceed is issued, the Contractor shall furnish CITY with
certificate(s) evidencing issuance of all required insurance and copies of the policy declaration or
information page(s) and endorsements. The certificate(s) and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates are to be on amended ACORD forms and ISO endorsement forms or equivalent
endorsement forms acceptable to CITY. The certificate(s), policy declaration or information page(s),
and endorsements are to be received and approved by CITY before work commences.
Endorsements are not required for Workers Compensation or Builder's Risk Insurances. Such
certificates of insurance shall provide that the insurance policy shall not be cancelable, nonrenewable,
or otherwise be subject to material modification, except with thirty (30) days' prior written notice to
CITY. Contractor shall also provide certificate(s) evidencing renewals of all insurance required
herein, at least ten (10) days prior to the expiration date of any such insurance.
Deductibles and Self-Insured Retentions - Any deductibles or self-insured 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 self-insured 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. The limits of insurance required in this
agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of CITY (if agreed to in a
written contract or agreement) before the CITY’s own insurance or self-insurance shall be called upon
to protect it as a named insured.
Waiver of Subrogation - Contractor hereby grants to CITY a waiver of any right to subrogation which
any insurer of Contractor may acquire against CITY by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver
of subrogation, but this provision applies regardless of whether CITY has received a waiver of
subrogation endorsement from the insurer.
Maintenance of Coverage - Contractor shall not cancel, assign, or change any policy of insurance
required by this agreement or engage in any act or omission that will cause its insurer to cancel any
insurance policy required by this agreement except after providing 30 days prior notice to the CITY.
If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer,
Contractor shall immediately provide written notice to the CITY and obtain substitute insurance
meeting the requirements of this agreement. Nothing in this paragraph relieves Contractor of its
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obligation to maintain all insurance required by this agreement at all times during the term of the
agreement.
Noncompliance - If the Contractor fails to comply strictly with all requirements of this section or if CITY
receives any notice that any required insurance coverage will be diminished or canceled, CITY, at its
option, may, notwithstanding any other provisions of this Agreement to the contrary, immediately
declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.
U. ABANDONMENT OR DELAY OF WORK
CITY reserves the right to terminate the Contractor’s control of the Work in accordance with Section
8-1.13 (“Contractor’s Control Termination”) of the Caltrans Standard Specifications.
CITY reserves the right to terminate the contract in accordance with Section 8-1.14 (“Termination of
Contract”) of the Caltrans Standard Specifications.
CITY also reserves the right to terminate the Contract for any of the following reasons:
a. 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.
b. 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.
c. The Contractor or any of its subcontractors should fail to make prompt payment to
subcontractors or to suppliers for material or for labor.
d. The Contractor or a subcontractor persistently disregards laws, ordinances, or the instructions
of CITY or the Director of Public Works.
e. The Contractor fails to abide by a proper stop work notice or fails to correct rejected work or
materials.
f. The Contractor fails to provide and keep in full force and effect all required insurance or fails
to cause all subcontractors to so comply.
g. The Contractor fails to supply a sufficient number of properly skilled workers or proper
materials, or fails to diligently prosecute the Work.
h. 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 management, supervision, and design support,
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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 expenses 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 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
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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 5-1.13 ("Subcontracting") of the Caltrans Standard Specifications
which provides that the Contractor has responsibility for a subcontractor’s work.
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 5.1-12 ("Assignment") of the Standard Specifications. The
performance of the Contract may not be assigned except upon written consent of CITY.
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 7:30 a.m. to 5:00 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.
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E. TEMPORARY SUSPENSION OF WORK
In accordance with Section 8-1.06 ("Suspensions") 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 8-1.10 ("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 working 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, 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 8-1.07 (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 8-1.10 of the Caltrans Standard
Specifications.
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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 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 9-1.04 ("Force Account") 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.
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SECTION GC-9 MEASUREMENT AND PAYMENT
A. GENERAL
Attention is directed to Section 9 ("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.
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 9-1.04 ("Force Account") 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 (95%) 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 5% 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 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.
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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
Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to
resolve disputes on public works Claims. Sections 20104 et seq., of the California Public Contract
Code prescribe a process using informal conferences, non-binding judicial supervised mediation, and
judicial arbitration to resolve disputes on construction claims of $375,000 or less. These sections shall
govern public works Claims arising from this agreement after a change order duly requested has
been denied by the City. The following provisions and procedures shall apply to claims under Section
9204:
a) For the purposes of this section GC-9(K), the term “Claim”, “Contractor”, “Mediation”,
“Public Entity” “Public works project” and “Subcontractor” shall have the meaning provided for
in Public Contract Code Section 9204.
b) Contractor shall submit each Claim (whether for a time extension, payment for money or
damages) in writing and in compliance with Public Contract Code Section 9204. Contractor
must include reasonable documentation to support each Claim.
c) Upon receipt of a Claim, the City shall conduct a reasonable review and respond in writing
within 45 days of receipt and shall identify in a written statement what portions of the claim
are disputed and undisputed. Undisputed portions of the Claim shall be processed and paid
within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall
bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45
day response time.
d) If the City needs approval from the City Council to provide a written statement identifying
the disputed portion and the undisputed portion of the claim, the 45 day response time or the
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mutually agreed on response time may be extended to 3 days following the next duly noticed
public meeting.
e) If the City fails to timely respond to a Claim or if Contractor disputes the City’s response,
Contractor may submit a written demand for an informal meet and confer conference with the
City to settle the issues in dispute. The demand must be sent via registered or certified mail,
return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.
f) Within 10 business days following the informal meet and confer conference, the City shall
submit to Contractor a written statement describing any issues remaining in dispute and that
portion which is undisputed. Undisputed portions of the Claim shall be process and paid within
60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear
interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding
mediation. If the City and Contractor mutually agree on a mediator, each party shall pay equal
portions of all associated costs. If within 10 business days, the City and Contractor cannot
agree on a mediator, each party shall select a mediator (paying all costs associated with their
selected mediator), and those mediators shall select a qualified neutral third party to mediate
the disputed issues. The City and Contractor shall pay equal portions of all associated costs
of such third party mediator.
g) Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder
shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate
after litigation has commenced.
The City reserves all rights and remedies that it has pursuant to the contract, at law or in equity, which
are not in conflict with Public Contract Code Section 9204 or Section 20104 et seq.
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 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;
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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.
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 AND RELEASE
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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:
Company Name: ____________
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:
Company Name
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:
Company Name
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:
Company Name
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 specialty warranties
are required:
NONE
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:
TOTAL BID
4. ORDER of WORK
The Contractor shall provide for the orderly progression of work. The Contractor is advised
of the following constraints or City requirements with respect to order of work:
NONE
5. LIMITS of WORK
Contractor is advised that the CITY will provide off-site areas for Contractor activities as
follows:
Congress Springs Park, 12970 Glen Brae Drive, Saratoga CA 95070:
Contractor may store equipment.
6. TESTING
Contractor is advised that the following special testing requirements apply:
NONE
7. SOUND CONTROL
Contractor shall implement the following sound control measures:
NONE
8. PERMITS AND LICENSES
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The City of Saratoga will obtain the following permits in connection with the Work, if
needed:
No-Fee Building Permits from the City of Saratoga Building Department.
Contractor shall comply with all permit conditions in performing the Work.
9. PUBLIC CONVENIENCE & SAFETY
Contractor shall not perform work on the following streets or in the following areas during
the periods defined below:
NONE
10. HOURS of WORK
Contractor is advised that operations may be performed outside the normal hours of work
(7:30am to 5:00pm Monday through Friday) only as follows:
NONE
11. MITIGATION MEASURES
As part of the environmental review process, the City of Saratoga has agreed to the
following mitigation measures, which measures are part of the Work.
NONE
Contractor shall comply with all mitigation measures and shall complete the mitigation
measures to the satisfaction of all agencies with jurisdiction.
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 Projects 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 activities related to individual buildings or areas within buildings (i.e. locker
rooms) and site work.
See Order of Work, #4 above.
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.
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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. Monthly Interval Updates.
The Contractor shall submit an updated Schedule of the work at least once each
month. The schedule be submitted both on paper and in electronic format. Schedule
updates are an essential part of each progress payment application. CITY will not process
progress payment applications without an updated schedule in the specified format.
The monthly schedule updates shall include:
The Contractor's estimated percentage complete (progress) for each activity in
progress.
Actual start/finish dates for activities.
Identification of errors, if any, from the previous updated schedule.
The Schedule Update Reports shall consist of:
A bar chart showing the previous month's work and a three (3) month projection of
upcoming work. The data included on the bar chart shall consist of the activity
number, activity description, early start and finish date, original duration, remaining
duration, percent complete, and total float.
A CPM tabular report sorted by responsibility, early start date that includes activity
number, activity description, original duration, remaining duration, early and late
start dates, early and late finish dates, total float, percent complete, activity budget
cost, and activity earned cost.
The Schedule Reports shall consist of:
Time scaled network logic diagram(s) reflecting the activities, the interrelationships
and logic ties between activities, activity duration and float. The diagram(s) shall
be organized by Area. Diagrams shall be no smaller than "D" size (24" x 36") and
no larger than "E" size (36" x 48").
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A CPM tabular report sorted by responsibility, early start date that includes Activity
number, activity description, original duration, remaining duration, early and late
start dates, early and late finish dates, total float, percent complete, activity budget
cost, and activity earned cost.
Contractor shall submit with each schedule update an updated electronic version.
C. 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.
D. 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.
E. 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 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 fourteen (14) 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.
F. Final CPM Schedule at Completion of Contract
At the completion of the contract and prior to the release of any bonds or final
payment by CITY, the Contractor shall submit a final CPM schedule, showing the actual
sequence and duration of activities.
G. Early Completion of Project
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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.
H. 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 ten (10) 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.
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
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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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Selway Construction, Inc.
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
Bid Forms 57
BID FORM
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Selway Construction, Inc.
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Selway Construction, Inc.
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Contractor: Selway Construction, Inc. Project: Parks Restroom Renovations
Bid Forms 60
BID SCHEDULE
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Contractor: Project: Parks Restroom Renovations
Park Restroom Renovations -BID SCHEDULE
Congress Springs Park El Quito Park Wildwood Park
Task# TASK Lump Sum Bid Amount Lump Sum Bid Amount Lump Sum Bid Amount
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Mobilization 5000 t;oot:· >.lQIOO
Demolition C3000 t3D ov S';()OD
Debris Disposal �I)(){) '900V �()&O ,
Temporary Facilities �50b 2,;77> D Z,5"DO
Concrete -Contractor shall verifyw/c locations and relocate f\[ ( 4--fV I A--NJA to for plan dimensions as required
Metals -Miscellaneous {0, ()OD [) D {) T) lfJ 1 {)0 0
Miscellaneous Rough Carpentry 56?5') 1(�(3 a� 3�'333
Finish Carpentry c;oo o tnJrro �{)(JQ
Thermal and Moisture Protection 3000 '()00 CJ >1 000
/21::: ovDoors and Windows. reuse existing doors "�SOO ),�DO
Drywall 3VDO BOOO �,OOu
Painting & Staining 2,C,{) 0 2.,-q Vu '7 , S-D0
Floor Covering (at::;OO V5l >V �,SOO
Tile QJDO C:;ooo i;--1000
Toilet Partitions {O. ooo , o vnn //) 000 '
ADA Door Hardware 4 ,DOD Lf-V()D 4. f) (!)0
'700 I Signage 57/() 5:00
Changing Tables (, 0 00 I / D'CD ), ooo ,
Furnishings c;'/ DD 0 S-'ODD �DOu x/ vov I <R,DtJO Plumbing Fixtures and faucets '6 ODD
Lf, ODORough Electrical L/.-, 000 4 ooo
Finish Electrical 2, f::!JV L SvD i..500
Lighting Fixtures {.f, ObD 4, DDV e_,/1 0Du
Communication wiring rough & finish fr [ fr N 1/.'r Al /f}
Fire Alarm fv f A-fVJ;t IVlA
Security wiring & switches (coordinate with City) f\J/A-(\(/It-Ntft
BID SUB-TOTALS 98)'5]3 errs, 333 q�l 333,
TOTAL BID
CompanyName:Seh..tgy La.vs1r-v\,c:\-1c1v J "!:°NC.. CompanyRepresentative(Print): ?eterr Hctiv ,c: N :s
company Phone L{{) g '-' '1 � L -<f'84 / CompanyRepresentative(sign):_
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Bid Schedule 61
Selway Contrauction, Inc.
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Bonds 62
BONDS
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Bonds 65
FAITHFUL PERFORMANCE BOND
The City of Saratoga, California (“Owner”) and
______________________________________
(“Contractor”), have entered into a written agreement for furnishing of all labor,
materials, equipment, transportation and services for the construction of the
Parks Restroom Renovations Project (said agreement, together including all
contract documents and changes thereto, the “Construction Contract”) and
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 Faithful Performance Bond (“Bond”) which consists of this page and the Faithful
Performance Bond Terms and Conditions (consisting of 10 paragraphs) attached to
this page. All notices shall be sent to the addresses below. Surety is an “admitted
surety insurer” as described in California Code of Civil Procedure § 995.120.
Signed this ___________ day of ___________________, 20____.
Contractor as Principal
(Corp. Seal)
Surety
(Corp. Seal)
Company Name Company Name
Signature Signature
Print Name Print Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
Note: Signatures of those executing for Surety and Principal must be notarized. The bond
must be accompanied by a power of attorney from Surety authorizing its agent to bind it to this
bond.
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Bonds 66
Faithful Performance Bond Terms and Conditions
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 Bond shall arise after:
3.1 Owner has declared a Contractor Default and has notified Contractor and
Surety 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. The “Balance of the Agreement Price”
is 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.
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
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:
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4.4.1 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
4.4.2 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 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
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 to the Construction Contract or to
related subcontracts, purchase orders and other obligations, including changes
of time, alteration or addition to the terms of the Contract or the Work to be
performed thereunder or the specifications accompanying the same.
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.
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10. Contractor Default is defined as a failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with the terms of
the Construction Contract.
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Bonds 69
LABOR AND MATERIALS PAYMENT BOND
The City of Saratoga, California (“Owner”) and
______________________________________
(“Contractor”), have entered into a written agreement for furnishing of all labor, materials,
equipment, transportation and services for the construction of the Parks Restroom
Renovations Project (said agreement, together including all contract documents and
changes thereto, the “Construction Contract”) and 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
______________________________________
(“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 Labor and Materials Payment Bond (“Bond”) which consists of this page and the
Labor and Materials Payment Bond Terms and Conditions (consisting of 12 paragraphs)
attached to this page. All notices shall be sent to the addresses below. Surety is an
“admitted surety insurer” as described in California Code of Civil Procedure § 995.120.
Signed this ___________ day of ___________________, 20____.
Contractor as Principal
(Corp. Seal)
Surety
(Corp. Seal)
Company Name Company Name
Signature Signature
Print Name Print Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
Note: Signatures of those executing for Surety and Principal must be notarized. The bond
must be accompanied by a power of attorney from Surety authorizing its agent to bind it to this
bond.
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Bonds 70
Labor and Materials Payment Bond Terms and Conditions
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, no obligation shall accrue if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants including amounts due under the California Unemployment
Insurance Code with respect to work or labor performed under the
Construction Contract, or for any amounts required to be deducted, withheld,
and paid over to the State of California Employment Development
Department from the wages of employees of Contractor and subcontractors
pursuant to Section 13020 of the California Unemployment Insurance Code
with respect to such work and labor; 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 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 an individual or entity identified in California Civil Code Section
9100 (“Claimants”), no obligation shall accrue if Contractor promptly makes
payment, directly or indirectly, for all sums due. Surety shall have no obligation
to Claimants under this Bond until:
3.1 Claimants who are employed by or have a direct contract with Contractor
have given notice to Surety 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.
3.2 Claimants who do not have a direct contract with the Contractor:
3.2.1 Have furnished written notice to Contractor and sent a copy, or
notice thereof, to Owner, as required by and conforming with California
Civil Code Sections 9560 and 9300 through 9306; and
3.2.2 Not having been paid within thirty (30) days of sending the required
notice, have sent a written notice to Surety 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.
4. When the Claimant has satisfied the conditions of Paragraph 3, Surety shall
promptly and at Surety’s expense take the following actions:
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4.1 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.
4.2 Pay or arrange for payment of any undisputed amounts.
5. This Bond shall inure to the benefit of any of the persons and entities identified in
California Civil Code Section 9100 so as to give a right of action to those persons
or their assigns in any suit brought on the Bond.
6. Surety’s total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by
Surety.
7. By Contractor furnishing and Owner accepting this 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 Bond,
and shall have under this Bond no obligation to make payments to, give notices
on behalf of, or otherwise have any obligation to Claimants under this Bond.
9. Surety hereby waives notice of any change to the Construction Contract or to
related subcontracts, purchase orders and other obligations including changes of
time, alteration or addition to the terms of the Construction Contract or the work
to be performed thereunder of the specifications accompanying the same.
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.
11. This Bond has been furnished to comply with California Civil Code Sections 9500
through 9566. Any provision in this 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 Bond shall be construed as a statutory bond and not as a
common law bond.
12. Upon request by any person or entity appearing to be a potential beneficiary of
this Bond, the Contractor shall promptly furnish a copy of this Bond or shall
permit a copy to be made.
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Contract for Construction 72
CONTRACT FOR CONSTRUCTION
Parks Restroom Renovations Project
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Contract for Construction 73
THIS CONTRACT FOR CONSTRUCTION is made and entered into this 3rd_ day of July, 2024,
by and between the City of Saratoga, a municipal corporation (herein called CITY) and _Selway
Construction, Inc, located at _728 Charcot Ave, San Jose CA 95131, 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 [insert project name
and contract number] 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 the above work, the sum of Two Hundred and Ninety Five Thousand and
00/100 dollars ($295,000.00) to be paid in accordance with the Contract Documents.
(2) 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.
(3) CONTRACT ADMINISTRATION: The authorized representatives of CITY and Contractor
for Contract administration are listed below.
Contractor:
Contractor Name: Selway Construction, Inc.
Contact Person: Peter Hawkins
Street Address: 728 Charcot Avenue
City, State, Zip: San Jose, CA 95131
Telephone(s): 1-408-382-9841
Email Address: peter@selwayconstruction.com
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Contract for Construction 74
Saratoga Bus. Lic. #:
Contractor’s Lic. # and
Lic. # expiration date:
1056018 / 10/31/2025
DIR Registration #: 1000515440
City of Saratoga
Department: Public Works
Primary Representative: Shawn Gardner
Street Address: 19700 Allendale Avenue
City, State, Zip: Saratoga, CA 95070
Telephone: 408-868-1247
Email Address: sgardner@saratoga.ca.us
(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 Bid
• Bid Schedule
• Faithful Performance Bond
• Labor and Materials Payment Bond
• 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 Plans, current edition
• 2022 State of California Department of Transportation Standard Specifications
• City of Saratoga Department of Industrial Relations Reporting
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• City of Saratoga Contractor Off-Road Regulations Assurances
• City Ordinance #400 – Debris Disposal (Articles 7-05, 7-10, and 7-15 of the
Saratoga Municipal Code)
• ARPA Funding Agreement
• Plans and Specifications prepared by Steve Benzing Architect dated 02/28/24
• Any Special Conditions, Job Scope, Technical Specifications, and Standard
Details.
• Supplemental agreements, certifications, and endorsements applicable to this
work, with all modifications incorporated in said documents 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 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 must be made
in writing, signed, dated and may be effected either by personal delivery 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.
CITY OF SARATOGA CONTRACTOR
Public Works Director Peter Hawkins
City of Saratoga Selway Construction
13777 Fruitvale Ave. 728 Charcot Avenue
Saratoga, CA 95070 San Jose, CA 95131
(408) 868-1239 1-408-382-9841
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(7) WARRANTIES. The Contractor hereby warrants and guarantees for one (1) year from
and after the date of completion of the services provided for in this Agreement that said materials
and labor necessary for the Parks Restroom Renovations Project, 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 equipment 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) WORKERS’ COMPENSATION CERTIFICATION. Pursuant to Labor Code § 1861, by
signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor
Code § 3700 which require every employer to be insured against liability for workers’
compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the
Work on this Contract.”
(9) 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.
(10) TIME OF THE ESSENCE. Time is of the essence in this contract.
(11) CONTROLLING LAW. This contract and all matters relating to it shall be governed by
the laws of the State of California.
(12) 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 July 3, 2024, and the Contractor has caused this Agreement to be duly executed.
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Contract for Construction 77
Contractor (Contractor signature
must be notarized) City of Saratoga
Signature City Manager
Date:
Signer Name ATTEST:
Signer Title
Date: City Clerk
Contract Description: Date:
Parks Restroom Renovations –
ARPA Project
APPROVED AS TO FORM:
City Attorney’s Office
Date:
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Required Certifications 78
REQUIRED CERTIFICATIONS
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Selway Construction, Inc.
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Selway Construction, Inc.
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Selway Construction, Inc.
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Selway Construction, Inc.
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Required Certifications 85
FAIR EMPLOYMENT PRACTICES CERTIFICATE
In connection with the performance of work under this contract, the Contractor agrees as follows:
1. Contractor will not because of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and veteran status
of any person, refuse to hire or employ the person or refuse to select the person for a training
program leading to employment, or bar or discharge the person from employment or from a
training program leading to employment, or discriminate against the person in compensation or
in terms, conditions, or privileges of employment, unless based upon a bona fide occupational
qualification or applicable security regulations established by the United States or the State of
California, or as otherwise provided in section 12940 of the Government Code. As provided in
Labor Code section 1735, a violation of this provision is subject to all penalties imposed for a
violation of Division, 2, Part 7, Chapter 1 of the Labor Code. Contractor and its Subcontractors
are required to comply with all applicable federal and California laws, including the California Fair
Employment and Housing Act (Government Code sections 12900 et seq.), Government Code
section 11135, and Labor Code sections 1735, 1777.5, 1777.6, and 3077.5.
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 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
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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.
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, to the awarding
body, is required within two weeks of closing each pay period. Each contractor and
subcontractor shall preserve their weekly payroll records for a period of three (3) years
from the date of completion of the contract.
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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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PLANS
The Scope of Work for the Project is set forth in the following Plans.
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City Ordinance No. 400 (Debris Disposal) 101
CITY ORDINANCE #400 (Debris Disposal)
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ARPA FUNDING AGREEMENT
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1788001.2
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SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:Community Development Department
PREPARED BY:Bryan Swanson, Community Development Director
SUBJECT: Agreement with Urban Planning Partners to Commence Phase 2 of Housing
Element Implementation and Agreement with Lisa Wise Consulting to
Develop Objective Design and Development Standards for Housing Element
Implementation
RECOMMENDED ACTION:
1. Authorize the City Manager to execute a new contract with Urban Planning Partners for
consulting services on Phase 2 of Housing Element Implementation in the amount of
$67,060.
2. Authorize the City Manager to execute a new contract with Lisa Wise Consulting to
develop Objective Design and Development Standards for Housing Element
Implementation in the amount of $82,062.
DISCUSSION:
On March 20, 2024, the City Council adopted the City of Saratoga 2023-2031 Housing Element.
Community Development Department (CDD) staff is now working to implement the Housing
Element’s Programs. These Programs, listed in Section 7 of the Housing Element, are specific
actions that the City is and will be taking to address present and future housing needs in Saratoga.
Each Program includes a stated timeframe for implementation. The City has already completed
implementation of the first phase of Housing Element Programs. In planning the next phase of
Housing Element implementation, CDD has identified certain Programs for which staff can benefit
from consultant support.
Lisa Wise Consulting Agreement for Housing Element Implementation
CDD recommends an agreement with Lisa Wise Consulting to assist the City in codifying relevant
guidelines in the Single-Family Residential Design Review Handbook and in preparing objective
design standards for conversion of existing single-family residences to duplexes and triplexes in
the R-1-20 and R-1-40 zones outside the WUI and Very High Fire Hazard Severity Zones.
Attachment A includes a detailed scope of services for the agreement. The scope of services are
intended to assist the City with implementation of the following Housing Element Programs:
Program 1.2-6: Conversion of Duplexes and Triplexes
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Program 3.2-10: Modify Single-Family Residential Design Review Handbook
Urban Planning Partners Agreement for Housing Element Implementation
CDD recommends an agreement with UPP to assist the City in Housing Element implementation
tasks involving development of new ordinances, policies, and programs, as well as outreach,
engagement, education, and program management. Attachment B contains a detailed scope of
services for the UPP Agreement. The scope of services are intended to assist the City with
implementation of the following Housing Element Programs:
Program 1.2-4: Lot Consolidation Program
Program 3.1-1: Pre-Approved Plan Sets for ADUs
Program 3.2-9: Modify Design Review Findings for Objectivity
Program 4.3-2: Housing for Persons Employed in Saratoga
Program 4.3-3: Shared Housing
Program 4.3-1: Development of Housing for Extremely Low-Income Households
Program 5.3-1: Fair Housing Webpage
FISCAL IMPACT:
Funds totaling $149,122 are available in the department’s operating budget to fund both the UPP
agreement and Lisa Wise agreement.
ATTACHMENTS:
Attachment A – Proposed Lisa Wise Agreement
Attachment B -Proposed UPP Agreement
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Rev. 5/2023 City of Saratoga Services Contract Page 1 of 3
City of Saratoga
Standard Services Contract
This agreement is entered into at Saratoga, California by and between the City of Saratoga, a
municipal corporation (“City”), and ______________________________________
(“Consultant”), who agree that:
1.Purpose of Contract.
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A of this agreement
(“Scope of Work and Payment Terms”). In the event of a conflict between (1) the “Scope of
Work and Payment Terms” in Exhibit A or any of the exhibits included in Exhibit A and (2)
the other terms of this agreement,the other terms of the agreement shall govern.
2. Term.
Start Date:End Date:
(If Start Date is left blank, start date will be
date last signed below.)
Or upon project completion, whichever
occurs first.
3. Payment. City shall pay Consultant for work product produced and any authorized
reimbursable costs pursuant to this agreement an amount not to exceed the total sum of:
$___________________________________________________.
If this contract is for more than one year, the maximum payment amount for each year is set
forth in Exhibit A.
Consultant agrees to comply with payment terms set forth in Exhibit A. Consultant is not
authorized to undertake any efforts or incur any costs whatsoever under the terms of this
agreement until receipt from City of a fully executed copy of this agreement.
4. Contract Administration. The authorized representatives of City and Consultant for
Contract administration are listed below. The City’s Primary Representative is the Administrator.
Consultant :
Consultant Name:
Contact Person:
Street Address:
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Rev. 5/2023 City of Saratoga Services Contract Page 2 of 3
City, State, Zip:
Telephone(s):
Email Address:
Saratoga Business
Lic. #:
(Contractor shall maintain a Saratoga Business License for the Term of this agreement)
City of Saratoga
Department:
Primary
Representative:
Street Address:
City, State, Zip:
Telephone:
Email Address:
5. Addresses for Notice.Notices or communications shall be given to the parties at the
addresses set forth in Section 4 (“Contract Administration”) unless otherwise designated in a
written notice to the other party. In addition, notices to City shall be copied to:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
6. Change of Address.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
communication shall be given.
7. Insurance. Consultant agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B (“Insurance”). Certificates of such insurance and copies of the
insurance policies and endorsements shall be delivered to City within ten (10) days after being
notified of the award of the contract, and before execution of this agreement by the City.
8. General Provisions.City and Consultant agree to and shall abide by the general
provisions set forth in Exhibit C (“General Provisions”).
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City of Saratoga Services Contract
Exhibit A – Scope of Work and Payment Terms
Consultant shall complete the scope of work and invoice the City in accordance with the
payment terms shown below:
AND/OR See Exhibit(s)A-incorporated by this reference.
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Payment Terms:
The payments specified in this paragraph shall be the only payments to be made to Consultant in
connection with Consultant’s completion of the Scope of Work pursuant to this agreement.
Reimbursable expenses shall be billed only at their actual cost. Consultant shall submit all
billings to City and City shall pay such billings in the manner specified in this paragraph.
Payment shall be made payable to Consultant and delivered to the address specified in Section 4
on pages 1 and 2 of this agreement. The making of any payment by City, or the receipt thereof
by the Consultant, shall in no way lessen the liability of the Consultant to correct or revise
unsatisfactory work, even though the unsatisfactory character of such work may not have been
apparent or detected at the time such payment was made. City may withhold payment to
Consultant in any instance in which the Consultant has failed or refused to satisfy any material
obligation provided for in this agreement. In no event shall City be liable for interest or late
charges for any late payments. Consultant shall submit invoices, not more often than once a
month during the term of this agreement, based on the cost for work performed in accordance
with the either the hourly rates or task-based rates in the Scope of Work and authorized
reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following
information:
1.1 Serial identifications of bills, i.e., Bill No. 1;
1.2 The beginning and ending dates of the billing period;
1.3 A summary containing the total contract amount, the amount of prior billings, the
total due this period, percentage of work completed, the remaining balance
available for all remaining billing periods, and a brief description of work
completed during the billing period.
City shall make monthly payments, based on such invoices, for satisfactory progress in
completion of the Scope of Work, and for authorized reimbursable expenses incurred. City shall
not be obligated to pay Consultant for work performed that falls outside the Scope of Work.
-End of Exhibit A -
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Prepared by Lisa Wise Consulting, Inc. (LWC)
June 19, 2024
This Draft Scope of Work, Project Budget, and Project Schedule prepared for the City of
Saratoga describes a work plan for preparation of objective design standards (ODS) and
other zoning amendments (Chapter 15 of the Saratoga City Ordinance) required to
implement the following programs of the City of Saratoga 6 th Cycle Housing Element:
Program 1.2-6: Conversion to Duplexes and Triplexes; and
Program 3.2-10: Modify Single-Family Residential Design Review Handbook.
The Scope of Work below describes the work by task and includes associated meetings and
deliverables. All meetings are assumed to be conducted online via a video conferencing
platform, unless otherwise noted. The primary goals of this work are to codify relevant
guidelines in the Single-Family Residential Design Review Handbook and to allow and provide
design standards for conversion of existing single-family residences to duplexes and
triplexes in R-1-20 and R-1-40 zones outside the WUI and Very High Fire Hazard Severity
Zones.
A. Project Initiation Meeting. LWC will meet with City staff to discuss the goals and
priorities for the Housing Element Implementation Project (“Project”); finalize the work
program, timeline, and milestones; and clarify roles and responsibilities. At the meeting,
City staff will lead a discussion of relevant single-family, duplex, and triplex development
in the City. The discussion will include examples of development that are appropriate to
their context and valued by the community; examples that are considered by City staff
and the community to be inappropriate or problematic; recent plans or proposals that
demonstrate desired elements or qualities; and expectations for codifying the existing
guidelines.
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Following the Project Initiation Meeting, LWC will prepare a comprehensive summary of
the feedback received to document City staff’s direction on what is important from a
design perspective to the community.
B. Analysis and Recommendations Memo. LWC will analyze relevant policies, standards,
and guidelines and prepare a memo that summarizes the findings and outlines
recommendations for the zoning amendments. LWC will participate in up to two 1-hour
working meetings with City staff during the preparation of the Analysis and
Recommendations Memo. The Memo will include the following:
Analysis of existing policy direction relevant to the Project, including policy
direction from the General Plan, Housing Element, Specific Plans, Climate Action
Plan, and other policy documents as appropriate.
Analysis of existing standards relevant to the Project, including:
o Relevant design standards found in Chapter 15, Zoning Regulations.
o Relevant content located in the “Additional Information & Resources” on the
Planning Division’s website.
o SB 9 standards in Article 15-57 (Two-Unit Residential Developments and Urban
Lot Splits).
Analysis of the City’s existing Single-Family Residential Design Review Handbook.
Recommendations for the approach, content, and organization of the ODS,
including:
o A comprehensive list of topics to address in the new ODS. The list will draw on
topics that are addressed in the existing design guidelines and Zoning
Ordinance and issues identified in the Project initiation and analysis work.
(NOTE: LWC does not intend to develop standards for viewsheds or hillside
guidelines, unless an Optional Task is requested or additional funding is
allocated.)
o Integration of the new objective standards into the existing Zoning Ordinance
into Section 15.45-055 in a way that is user-friendly and intuitive.
o Identify amendments elsewhere in the Zoning Ordinance needed to ensure
consistency and integration of the new content into the existing Ordinance.
LWC assumes that City staff will make these amendments (refer to Optional
Task E if major amendments to the existing Zoning Ordinance are required).
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After completing an Administrative Draft of the Analysis and Recommendations Memo
for staff review and comment, LWC will prepare the final Analysis and Recommendations
Memo based on a single set of consolidated, actionable, and non-conflicting comments
from City staff.
A. Working Meetings with City Staff (3). LWC will participate in up to three 1-hour working
meetings with City staff during the development of the ODS. Topics will be determined in
coordination with staff.
B. Administrative Draft ODS Zoning Amendments. LWC will prepare draft ODS for single-
family duplex, and triplex residential development. While the scope and nature of the
standards will be determined in Task 1, LWC anticipates the ODS will include:
1. An illustrated set of standards for single-family development that translates existing
applicable guidelines into objective requirements. Thes are intended to be
applicable in, and to facilitate ministerial review and approval in, the A, R-1, HR, and
R-OS zones.
2. An illustrated set of standards for conversion of existing single-family residences
into duplexes and triplexes in the R-1-20 and R-1-40 districts under Housing
Element Program 1.2-6.
The Administrative Draft ODS amendments will be developed to replace the existing
Section 15.45-055 of Chapter 15, Zoning.
Task 2 Meetings
Task 2 Products
Task 1 Meetings
Task 1 Products
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A. Public Review Draft ODS Zoning Amendments. LWC will prepare a Public Review Draft
of the ODS Zoning Amendments based on a single set of consolidated, actionable, and
non-conflicting comments from City staff’s review of the Administrative Draft.
A. Planning Commission Study Session. LWC will prepare materials/presentations for,
and present in-person at one Planning Commission study session on the residential
design standards during the preparation of the amendments or after the release of the
Public Review Draft Zoning Amendments. The input gathered from the Planning
Commission and community at these meetings will be reflected in the Amendments as
directed by City staff.
B. Hearing Draft Objective Design Standards. Based on the Planning Commission and
optional City Council study session (refer to Optional Task G) on the Objective Design
Standards, LWC will prepare a Hearing Draft of the ODS Zoning Amendments. The
document will be produced in MS Word and PDF format.
C. Planning Commission Public Hearing (1). LWC will prepare materials/presentations for,
and present in-person at, a Planning Commission public hearing to support adoption of
the Public Review Draft ODS Zoning Amendments. LWC will provide summary notes of
the Commission’s comments and recommendations.
D. City Council Public Hearing (1). LWC will prepare materials/presentations for, and
present in-person at, a City Council public hearing to support adoption of the ODS Zoning
Amendments.
E. Final Zoning Amendments. Based on the City Council’s final review and adoption of the
Zoning Amendments and final text changes provided by City staff, LWC will prepare the
final ODS Zoning Amendments. The document will be produced in MS Word and PDF
format for City staff and the City’s online Code publisher.
Task 3 Products
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A. Updated Standards for Accessory Dwelling Units (ADUs) and Junior Accessory
Dwelling Units (JADUs). Based on the recommendations in the Analysis and
Recommendations Memo (refer to Task 1B), and input and direction from City staff, LWC
will prepare updated or new objective standards for ADUs and JADUs. If ADU prototype
plans are available, LWC will develop standards to be complementary to them.
Budget estimate: $20,000 to $35,000 – to be scoped in more detail in coordination with the
City
B. New Objective Design Standards for Hillside Development. Based on the
recommendations in the Analysis and Recommendations Memo (refer to Task 1B), and
direction from City staff, LWC will prepare standards for hillside development.
Budget estimate: $15,000 to $30,000 – to be scoped in more detail in coordination with the
City
C. New Objective Design Standards for Viewshed Protection. Based on the
recommendations in the Analysis and Recommendations Memo (refer to Task 1B) and
direction from City staff, LWC will prepare standards for viewshed protection.
Budget estimate: $15,000 to $30,000 – to be scoped in more detail in coordination with the
City
D. New Objective Design Standards to Implement the Village Design Guidelines . LWC
will prepare objective design standards for development in the Saratoga Village based on
the Village Design Guidelines document. Specific topics from the existing Guidelines
document to be addressed in the standards will be determined in coordination with City
staff.
Budget estimate: TBD
E. Other Required Amendments to the Existing Zoning Ordinance. LWC will complete
needed additional major amendments elsewhere in the Zoning Ordinance to ensure
consistency and to fully integrate the new content into the existing Ordinance if City staff
are unable to make these amendments.
Task 4 Meetings
Task 4 Products
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Budget estimate: $5,000 to $10,000
F. Focus Group Meetings. LWC will prepare for and conduct one-hour focus group
meetings with community members knowledgeable about and/or interested in
development and design in the City of Saratoga. Meetings would take place prior to the
drafting of the Administrative Draft ODS Zoning Amendments with the objective of
gathering insight on specific residential and Village design elements, concerns, and
desires for future development. Focus group members may include representatives from
neighborhood or community groups, design professionals, realtors, developers, or
others as recommended by City staff. The number of focus group participants per
meeting should be limited three and the number of meetings will be determined by City
staff. The proposed budget for the focus groups is based on a per meeting cost.
Budget estimate: $3,747 per focus group meeting
G. Additional Study Sessions. LWC will prepare materials/presentations for, and present
in-person at Planning Commission and/or City Council study sessions on the Public
Review Draft ODS Zoning Amendments. LWC will provide summary notes of the
Commission’s/Council’s comments and recommendations.
Budget estimate: $4,637 per meeting
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City of Saratoga Design Services Contract
Exhibit B – Insurance
The insurance requirements listed below that have an “” indicated in the space before the
requirement apply to this agreement together with the general requirements.
Modifications to the below requirements are shown in Exhibit E (“Special
Requirements”).
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 the Primary Representative listed in section 4 on page 2. During the term of this
agreement Contractor shall ensure that its broker(s)/agent(s) provide the Primary Representative
with updated certificates of insurance reflecting continued satisfaction of the requirements of this
agreement together with updated endorsements in the event of a change in the underlying
insurance policy(ies), with copies emailed to cityhall@saratoga.ca.us.
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of
all required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work
commences.
Insurance Requirements
Commercial General Liability Insurance covering commercial general liability on an
“occurrence” basis, including products and completed operations, property damage,
bodily injury, personal injury, and advertising injury with coverage minimum limits of
$2,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
Auto Liability Insurance with coverage as indicated:
$1,000,000 combined single limit for bodily injury and property damage
$500,000 combined single limit for bodily injury and property damage
Professional/Errors and Omissions Liability (“E&O”) with coverage as indicated:
$1,000,000 per loss/ $1,000,000 aggregate
$2,000,000 per loss/ $2,000,000 aggregate
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Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for
bodily injury or disease. Contractor shall submit to City a waiver of subrogation
endorsement in favor of City, its officers, officials, agents, employees, and volunteers .
If Contractor is not required to maintain Workers’ Compensation Insurance pursuant to
State law, Contractor shall file a verification of that fact with the Primary Representative.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Additional Insured Status and Primary Coverage. Contractor shall submit to City
an additional insured endorsement for its Commercial General Liability policy with
coverage at least as broad as ISO form CG 20 10 for ongoing operations, and coverage at
least as broad as ISO Form CG 20 37 for completed operations.For Auto Liability, the
policy shall contain, or be endorsed to contain, additional insured coverage for the City, its
officers, officials, employees, agents and volunteers. Any available insurance proceeds broader
than or in excess of the minimum insurance coverage requirements and/or limits specified in this
agreement shall be available to the additional insured .The requirements for coverage and limits
shall be (1) the minimum coverage and limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater. The additional insured coverage under Contractor’s policy
shall be ''primary and non-contributory" and will not seek contribution from the City’s insurance
or self-insurance and shall be at least as broad as ISO Form CG 20 01 04 13 and CG 20 38 04 13.
This requirement does not apply to errors and omissions insurance. 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. Separation of Insureds.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. Deductibles and Self Insured Retentions. Any deductibles or self-insured 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 self-insured 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.
4. Umbrella or Excess Insurance.The limits of insurance required in this agreement may
be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also
apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written
contract or agreement) before the City’s own insurance or self-insurance shall be called upon to
protect it as a named insured.
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5. Waiver of Subrogation.Contractor hereby grants to City a waiver of any right to
subrogation which any insurer of Contractor may acquire against City by virtue of the payment
of any loss under such insurance. Contractor agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of whether
City has received a waiver of subrogation endorsement from the insurer.
6. Verification of Coverage.Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance
policies, including endorsements effecting the coverage required by these specifications and
failure to exercise this right shall not constitute a waiver of any of City’s rights pursuant to this
agreement.
7. Maintenance of Coverage.Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer
to cancel any insurance policy required by this agreement except after providing 30 days prior
notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Contractor shall immediately provide written notice to the City and
obtain substitute insurance meeting the requirements of this agreement. Nothing in this
paragraph relieves Contractor of its obligation to maintain all insurance required by this
agreement at all times during the term of the agreement.
8. Claims Made Policies.If any of the required policies provide claims-made coverage,
the coverage shall be maintained for a period of five years after completion of the contract.
Contractor may satisfy this requirement by renewal of existing coverage or purchase of either
prior acts or tail coverage applicable to said five-year period.
9. Acceptability of Insurers.The policy or policies required by this agreement shall be
issued by insurers admitted in the State of California and with a rating of at least A:VII in the
latest edition of Best’s Insurance Guide.
10. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract
the same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors
hired by Contractor shall agree to be bound to Contractor and City in the same manner and to the
same extent as Contractor is bound to the City under this agreement. Subcontractors shall further
agree to include these same provisions with any sub-subcontractor. Contractor shall provide
subcontractor with a copy of the indemnity and insurance provisions of this agreement as a part
of Contractor’s subcontract with subcontractor. Contractor shall require all subcontractors to
provide a valid certificate of insurance and the required endorsements included in the agreement
prior to commencement of any work and will provide proof of compliance to the City.
11. Special Risks or Circumstances.City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
special circumstances.
-End of Exhibit B-
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City of Saratoga Services Contract
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR.City requires the services of a qualified consultant
to provide the work product described in Exhibit A (“Scope of Work and Payment
Terms”) because it lacks the qualified personnel to provide the specified work product.
Consultant is qualified to provide the required work product and is agreeable to providing
such work product on the terms and conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Consultant shall be
an independent contractor and shall not be an employee of City. Consultant shall
complete the Scope of Work hereunder in accordance with currently approved
methods and practices in Consultant's field. No relationship of employer and
employee is created by this agreement between the City and Consultant or any
subcontractor or employee of Consultant. City shall have the right to control
Consultant only with respect to specifying the results to be obtained from
Consultant pursuant to this agreement. City shall not have the right to control the
means by which Consultant accomplishes services rendered pursuant to this
agreement. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Consultant’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract.Nothing contained in this agreement shall be
construed as limiting the right of Consultant to engage in Consultant's profession
separate and apart from this agreement so long as such activities do not interfere
or conflict with the performance by Consultant of the obligations set forth in this
agreement. Interference or conflict will be determined at the sole discretion of the
City.
1.3 Standard of Care.Consultant 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 Consultant is engaged in
the geographical area in which Consultant practices its profession. All work
product of whatsoever nature which Consultant delivers to City pursuant to this
agreement shall be prepared in a substantial, first class and workmanlike manner
and conform to the standards of quality normally observed by a person practicing
in Consultant’s profession.
1.4 Qualifications.Consultant represents and warrants to City that the Consultant is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Consultant as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Consultant
shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
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1.5 Use of City Equipment.City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Consultant, or by any of its employees, even though such equipment be furnished,
rented or loaned to Consultant by City.
1.6 Payment of Taxes and Other Expenses.Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Consultant is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Consultant which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Consultant for City, upon notification of such fact by
the City, the Consultant shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Consultant
under this agreement (again, offsetting any amounts already paid by the
Consultant which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Consultant shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Consultant is an employee for any other purpose, then the Consultant agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Consultant was not an employee.
2. COMMUNICATION AND NOTICES.
2.1 Communications with Designated Administrator.The Administrator
designated in Section 4 on page 1 of this agreement is authorized to receive
information, interpret and define City's policies consistent with this agreement,
and communicate with Consultant concerning this agreement. All correspondence
and other communications shall be directed to or through the Administrator or the
Administrator’s designee.
2.2 Communications and Notices on Compliance with Agreement.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 e-mail. However, under no circumstances shall such courtesy notice
satisfy the notice requirements set forth above; nor shall lack of such courtesy
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notice affect the validity of service pursuant to the notice requirement set forth
above.
3. CONTRACTOR NOT AGENT. Except as City may specify in writing, Consultant
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant
to this agreement to bind City to any obligation whatsoever.
4. BENEFITS AND TAXES.Consultant 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. Consultant 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 Consultant shall indemnify and hold City harmless from any and all liability
that City may incur because of Consultant's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Consultant.
5. ASSIGNMENT PROHIBITED.The services to be performed by the Consultant are
personal in character and no party to this agreement may assign any right or obligation
under this agreement. Any attempted or purported assignment of any right or obligation
under this agreement shall be void and of no effect. However, with the consent of the
City given in writing, Consultant is entitled to subcontract such portions of the work to be
performed under this agreement as may be specified by City.
6. PERSONNEL.Consultant 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,
Consultant shall, immediately upon receiving notice from city of such desire of City,
cause the removal of such person or persons from work in connection with the Scope of
Work.
7. CONFLICT OF INTEREST.
7.1 In General.Consultant understands that its professional responsibility is solely
to City. Consultant represents and warrants that it presently has no interest, and
will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Consultant shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
7.2 Subsequent Conflict of Interest.Consultant agrees that if an actual or potential
conflict of interest on the part of Consultant is discovered after award, the
Consultant will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Consultant 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 Consultant shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
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7.3 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 Consultant nor any
member of any Consultant’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 Consultant's performance of the Scope of Work or
authorizes funding to Consultant.
8. COMPLIANCE WITH LAWS
8.1 In General.Consultant shall keep itself fully informed of 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.
8.2 Licenses and Permits.Consultant represents and warrants to City that it has all
licenses, permits, qualifications and approvals of whatsoever nature which are
legally required for Consultant to practice its profession. Consultant represents
and warrants to City that Consultant 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 Consultant to practice its profession. In
addition to the foregoing, Consultant shall obtain and maintain during the term
hereof a valid City of Saratoga Business License.
9. WORK PRODUCT AND RECORDS
9.1 Property of City.All reports, data, maps, models, charts, studies, surveys,
photographs, memoranda or other written documents or materials prepared by
Consultant (“works”) pursuant to this agreement shall become, as between
Consultant and City, the property of City upon completion of the work to be
performed hereunder or upon termination of this agreement. Without limiting the
generality of the foregoing, if, in connection with services performed under this
agreement, the Consultant or its subcontractors create artwork, copy, posters,
billboards, photographs, videotapes, audiotapes, systems designs, software,
reports, diagrams, surveys, source codes or any other original works of
authorship, such works of authorship shall be works for hire as defined under
Title 17 of the United States Code, and all copyrights in such works are the
property of City. If it is ever determined that any works created by the Consultant
or its subcontractors under this agreement are not works for hire under U.S. law,
the Consultant hereby assigns all of its copyrights to such works to City, and
grants to City a royalty-free, exclusive, and irrevocable license to reproduce,
publish, use, and to authorize others to do so, all of Consultant’s rights in such
works and agrees to execute any documents necessary to effectuate such
assignment and license. The Consultant may retain and use copies of such works
for reference and as documentation of its experience and capabilities.
9.2 Intellectual Property. Consultant represents and warrants that it has the legal
right to utilize all intellectual property it will utilize in the performance of this
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agreement. Consultant further represents that it shall ensure City has the legal
right to utilize all intellectual property involved in and/or resulting from
Consultant’s performance of this agreement. Consultant shall indemnify and hold
City harmless from all loss and liability, including attorneys’ fees, court costs and
all other litigation expenses for any infringement of the patent rights, copyright,
trade secret or any other proprietary right or trademark, and all other intellectual
property claims of any person or persons in consequence of the use by City, or
any of its officers or agents, of articles or services to be supplied in the
performance of this agreement.
9.3 Records and Audits.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.
Contractor shall permit City and its authorized representatives to inspect and
examine Contractor’s books, records, accounts, and any and all data relevant to
this Contract at any reasonable time for the purpose of auditing and verifying
statements, 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. City further reserves the right to examine and re-examine said books,
records, accounts, and data during the four-year period following the termination
of this Contract; and Contractor shall in no event dispose of, destroy, alter, or
mutilate said books, records, accounts, and data in any manner whatever for four
years after the termination of this Contract.
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 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.
9.4 Use of Recycled Paper and Electronic Documents.Consultant 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.
Documents shall be printed on both sides of the page and City shall be provided
with electronic copies of documents (in Word or .pdf format) except where
unusual circumstances make it infeasible to do so.
10. CONFIDENTIAL INFORMATION. Consultant 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. Upon expiration of this
agreement, or termination as provided herein, Consultant shall return materials which
contain any confidential information to City. Consultant may keep one copy for its
confidential file. For purposes of this paragraph, confidential information is defined as all
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information disclosed to Consultant 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.
11. RESPONSIBILITY OF CONSULTANT. Consultant shall take all responsibility for
the work, shall bear all losses and damages directly or indirectly resulting to Consultant,
to any subcontractor, to the City, to City officers and employees, or to parties designated
by the City, 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 Consultant or of any subcontractor.
12. INDEMNIFICATION.Consultant and City agree that City, its employees, agents and
officials shall be fully protected from any loss, injury, damage, claim, lawsuit, cost,
expense, attorneys fees, litigation costs, defense costs, court costs or any other cost
incurred in relation to, as a consequence of or arising out of or in any way attributable
actually, allegedly or impliedly, in whole or in part, to the performance of this agreement
as set forth below. 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. Consultant acknowledges that City would not enter into this
agreement in the absence of the commitment of Consultant to indemnify and protect City
as set forth below.
12.1 General Indemnity. To the fullest extent permitted by law, Consultant shall
indemnify and hold harmless City, its employees, agents and officials, from any
liability, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs (including, without
limitation, costs and fees of alternative dispute resolution and litigation) of any
kind whatsoever without restriction or limitation, incurred in relation to, as a
consequence of or arising out of or in any way attributable actually, allegedly or
impliedly, in whole or in part, to Consultant, or its employees, agents, or
subcontractors. All obligations under this provision are to be paid by Consultant
as they are incurred by the City.
12.2 Duty to Defend.In addition to Consultant’s obligation to indemnify City,
Consultant shall defend, in all legal, equitable, administrative, or special
proceedings, with counsel approved by the City, the City and its councilmembers,
officers, and employees, immediately upon tender to Consultant of the claim in
any form or at any stage of an action or proceeding, whether or not liability is
established. An allegation or determination that persons other than Consultant are
responsible for the claim does not relieve Consultant from its separate and distinct
obligation to defend. The obligation to defend extends through final judgment,
including exhaustion of any appeals. The defense obligation includes an
obligation to provide independent defense counsel if Consultant asserts that
liability is caused in whole or in part by the negligence or willful misconduct of
the indemnified party. If it is finally adjudicated that liability was caused solely by
the negligence or willful misconduct of an indemnified party, Consultant may
submit a claim to the City for reimbursement of reasonable attorneys’ fees and
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defense costs in proportion to the established comparative liability of the
indemnified party.
12.3 Limitation on Indemnity. Without affecting the rights of City under any
provision of this agreement or this Section, Consultant shall not be required to
defend, indemnify, and hold harmless City as set forth above for liability
attributable to the sole fault of City, provided such sole fault is determined by
agreement between the parties or the findings of a court of competent jurisdiction.
This exception will apply only in instances where the City is shown to have been
solely at fault and not in instances where Consultant is solely or partially at fault
or in instances where City's fault accounts for only a percentage of the liability
involved. In those instances, the obligation of Consultant will be all-inclusive and
City will be held harmless, indemnified, and defended for all liability incurred,
even though a percentage of the liability is attributable to conduct of the City.
12.4 Acknowledgement.Consultant acknowledges that its obligation pursuant to this
Section extends to liability attributable to City, if that liability is less than the sole
fault of City. Consultant has no obligation under this agreement for liability
proven in a court of competent jurisdiction or by written agreement between the
parties to be the sole fault of City.
12.5 Scope of Consultant Obligation. The obligations of Consultant under this or
any other provision of this agreement will not be limited by the provisions of any
workers' compensation act or similar act. Consultant expressly waives its statutory
immunity under such statutes or laws as to City, its employees and officials.
12.6 Subcontractors.Consultant agrees to obtain executed indemnity 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 Consultant in the performance or subject matter of this
agreement.
12.7 No Waiver. 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 Consultant 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, Consultant
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
insurance required by this agreement does not relieve the Consultant or
subcontractors from liability under this Section.
12.8 Relation to Insurance Obligations.The defense and indemnification obligations
of this agreement are undertaken in addition to, and shall not in any way be
limited by, the insurance obligations contained in this agreement.
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13. DEFAULT AND REMEDIES.
13.1 Events of default. Each of the following shall constitute an event of default
hereunder:
(a)Failure by Consultant to perform any obligation under this agreement and
failure to cure such breach immediately upon receiving notice of such
breach, if the breach is such that the City determines the health, welfare, or
safety of the public is immediately endangered; or
(b)Failure by either party to perform any obligation under this agreement and
failure to cure such breach within fifteen (15) days of receiving notice of
such breach (except for breaches subject to subparagraph (a), above);
provided that if the nature of the breach is such that the non-breaching
party determines it will reasonably require more than fifteen (15) days to
cure, the breaching party shall not be in default if it promptly commences
the cure and diligently proceeds to completion of the cure.
13.2 Remedies upon default. Upon any default, the non-defaulting party shall have
the right to immediately suspend or terminate this agreement, seek specific
performance and/or seek damages to the full extent allowed by law. City shall
have the right to contract with another party to perform this agreement
13.3 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.
14. TERMINATION.The City may terminate this agreement with or without cause by
providing 10 days’ notice in writing to Consultant. The City may terminate this
agreement at any time without prior notice in the event that Consultant commits a
material breach of the terms of this agreement. Upon termination, this agreement shall
become of no further force or affect whatsoever and each of the parties hereto shall be
relieved and discharged from the rights and obligations of this agreement, subject to
payment for acceptable services rendered prior to the expiration of the notice of
termination and delivery to City of any work in progress, completed work, supplies,
equipment, and other materials produced as a part of, or acquired in connection with the
performance of this agreement, and any completed or partially completed work which, if
this agreement had been completed, would have been required to be furnished to City.
Notwithstanding the foregoing and Section 2 on page 1, this Section and the provisions of
this agreement concerning insurance (Exhibit B), Funding Agency Requirements (as set
forth in Exhibit D if applicable), Work Product and Records, Confidential Information,
Responsibility of Consultant, Indemnification, Default and Remedies, Litigation, and
Jurisdiction and Severability shall survive termination or expiration of this agreement.
15. 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 non-binding 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
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the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys’ fees.
16. LITIGATION. If any litigation is commenced between parties to this agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys’ fees and costs.
17. 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.
18. SEVERABILITY.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.
19. NOTICE OF NON-RENEWAL. Consultant understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Consultant under this agreement be supplemented or continued by
Consultant under a new agreement following expiration or termination of this agreement.
Consultant 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 Consultant
following the expiration or termination of this agreement.
20. PARTIES IN INTEREST. This agreement does not, and is not intended to, confer any
rights or remedies upon any person or entity other than the parties.
21. 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 Consultant’s obligations or to
exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
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SARATOGA CITY COUNCIL
MEETING DATE:July 3, 2024
DEPARTMENT:Administrative Services
PREPARED BY:Ryan Hinchman, Administrative Services Director
SUBJECT:Resolution Renaming the Finance Committee to Finance Advisory
Committee
RECOMMENDED ACTION:
Adopt the Resolution to rename the Finance Committee to the Finance Advisory Committee.
BACKGROUND:
The Finance Committee was formed in 2007 to review financial matters, the budget, and fiscal
policies in preparation for City Council meetings. The Committee provides a Council perspective
and guidance to staff on financial matters, and makes recommendations to the City Council.
If adopted, the attached resolution would rename the Finance Committee to the Finance Advisory
Committee to clarify the Committee’s advisory role. All other aspects of the Committee will
remain the same. It will remain a Committee of the Whole, allowing all members of the City
Council to attend and participate in meetings. However, only the Council Members assigned to the
Finance Advisory Committee per the Council Assignments will be eligible to vote on agenda
items.
ATTACHMENTS:
Attachment A – Resolution Renaming the Finance Committee to Finance Advisory Committee
372
RESOLUTION 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RENAMING THE
CITY COUNCIL FINANCE COMMITTEE TO FINANCE ADVISORY COMMITTEE
WHEREAS, the Finance Committee was officially established as a standing committee of the City
Council on September 5, 2007; and
WHEREAS, since its formation, the Finance Committee has been comprised of two members of
the City Council and meets to review financial matters in preparation for City Council Meetings; and
WHEREAS, the Finance Committee provides a Council perspective and guidance to staff on
financial matters and makes recommendations to the City Council; and
WHEREAS, State regulations and the current structure of the Finance Committee only allow for
participation and engagement of two members of the City Council; and
WHEREAS, this resolution will rename the City Council Finance Committee to the Finance
Advisory Committee. The Finance Advisory Committee will remain a committee of the Whole whereby
all members of the City Council may participate and attend Committee meetings, but only the two appointed
members of the Committee may take action and make recommendations to the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby establish the new name of
Finance Advisory Committee, replacing the name of Finance Committee. The Finance Advisory Committee
is not authorized to take any action on behalf of, or acting as, the City Council. The Committee is a
legislative body subject to the requirements of the Brown Act and all meetings of the committee shall be
noticed and otherwise carried out in accordance with that and other applicable laws.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 3rd day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Yan Zhao, Mayor
ATTEST:
DATE:
Britt Avrit, City Clerk
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SARATOGA CITY COUNCIL
COUNCIL ASSIGNMENTS
Mayor Yan Zhao
Hakone Foundation Board Executive Board
Santa Clara County Housing and Community Development Advisory Committee
Santa Clara County Library District Board of Directors
West Valley Mayors and City Managers Association
West Valley Sanitation District Board of Directors
Council Finance Committee
Vice Mayor Belal Aftab
Association of Bay Area Government (ABAG) General Assembly
Silicon Valley Regional Interoperability Authority Alternate
Valley Transportation Authority Policy Advisory Committee
Saratoga Historical Foundation Board of Directors
Council Finance Committee
Council Member Chuck Page
Santa Clara Valley Water Commission
West Valley Clean Water Program Authority Board of Directors
West Valley Solid Waste Management Authority Board of Directors
Saratoga Chamber of Commerce Board
Saratoga Ministerial Association
Council Member Tina Walia
Cities Association of Santa Clara County Board of Directors
Cities Association of Santa Clara County City Selection Committee
Cities Association of Santa Clara County Legislative Action Committee
KSAR 15 Saratoga Community Access Cable Television Foundation Board of Directors
Silicon Valley Clean Energy Authority Board of Directors
Council Member Kookie Fitzsimmons
Hakone Foundation Board of Trustees
Saratoga Area Senior Coordinating Council Board of Directors
Saratoga Sister City Committee Liaison
374