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04-04-2012 City Council Agenda Packet
\LIFORN� AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL APRIL 4, 2012 SPECIAL MEETING — 5:15 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 5:15 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on March 29, 2012) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION —5:15 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation (Government Code section 54956.9 (b): 1 case CALL JOINT MEETING TO ORDER — 5:30 P.M. SARATOGA SENIOR CENTER, SAUNDERS ROOM, 19655 ALLENDALE AVENUE, SARATOGA 1. Joint Meeting with the Representatives of Saratoga Schools Recommended Action: Informational Only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the 1 office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Certificate of Posting of Agenda: I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on March 29, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 29th day of March 2012 at Saratoga, California. Crystal Morrow City Clerk 2 Table of Contents Agenda 3 Commendations for Student Council Representatives of Local Schools Staff Report 9 Commendations for Outgoing City Commissioners Staff Report 10 Attachment A: Commendation for Doug Robertson 12 Attachment B: Commendation for Joan Gomersall 13 Attachment C: Commendation for Michael Bustamante 14 Appointment of City Commissioners Staff Report 15 Attachment A: Resolution of Appointment 17 Attachment B: Oaths of Office 18 City Council Meeting Minutes Staff Report 22 Attachment A: March 21, 2012 City Council Meeting Minutes 24 Review of Accounts Payable Check Registers Staff Report 32 3-20-2012 Check Register 34 3-27-2012 Check Register 39 Final Contract Amendment between the Board of Administration California Public Employees' Retirement System and City of Saratoga — Miscellaneous Employees Staff Report 44 Attachment 46 Development Agreement for 22100 Mt. Eden Road Staff Report 53 Ordinance 54 Development Agreement with Exhibits 58 Declaration of Surplus Vehicles & Equipment Staff Report 107 Resolution in Support of Assembly Bill 1642 Staff Report 109 Attachment A: Resolution of Support for AB 1642 111 Attachment B: Letter of Support for AB 1642 112 Resolution in Opposition of Assembly Bill 1627 Staff report 114 Resolution AB 1627 116 Letter on AB 1627 118 Saratoga Community Event Fee Waiver Requests Saratoga Community Event Fee Waiver Requests 120 Saratoga Light Poles Vertical Banner Policy 1 Saratoga Light Poles Vertical Banner Policy 123 Proposed Policy Regulating the Public Use of Vertical Banners on Select Saratoga Light Poles 125 Saratoga Library Solar Project — Award of Construction Contract Staff Report 127 1. Bid Summary 129 2. Construction Contract 130 Resolution Amending the City of Saratoga's Conflict of Interest Code Staff Report 239 Attachment A: Proposed Resolution 241 2 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, APRIL 4, 2012 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on March 29, 2012) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendations for Student Council Representatives of Local Schools Recommended action: Present Certificates of Appreciation to Student Council representatives from schools in and around Saratoga. 2. Commendations for Outgoing City Commissioners Recommended action: Read and present commendations. 3 3. Appointment of City Commissioners Recommended action: 1. Adopt the resolution appointing one member to the Planning Commission, one member to the Traffic Safety Commission, and two members to the Heritage Preservation Commission; and 2. Direct the City Clerk to administer the Oaths of Office. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 4. City Council Meeting Minutes Recommended action: Approve minutes for the City Council Meeting on March 21, 2012. 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: March 20, 2012 March 27, 2012 6. Final Contract Amendment between the Board of Administration California Public Employees' Retirement System and City of Saratoga — Miscellaneous Employees Recommended action: 1. Waive the second reading and adopt the Ordinance authorizing the final contract amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (Ca1PERS) and the City Council of the City of Saratoga; and 2. Authorize the Mayor to sign the amendment to the Contract between the Board of Administration California Public Employees' Retirement System and City of Saratoga. 7. Development Agreement for 22100 Mt. Eden Road Recommended action: Staff recommends the Council waive the Second Reading and adopt the Development Agreement and direct staff to publish a comprehensive summary thereof in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. 4 8. Declaration of Surplus Vehicles & Equipment Recommended action: 1. Move to declare the following vehicles as surplus and authorize their sale at auction: • Vehicle # 84 1995 GMC Sonoma • Vehicle # 104 2003 Chevrolet Silverado 1500 • Equipment # E032 1998 Toro 560 D Mower • Equipment # E041 1996 Toro 223 Mower • Equipment # E012 Bandit Wood Chipper 9. Resolution in Support of Assembly Bill 1642 Recommended action: Approve the resolution in support of Assembly Bill (AB) 1642 and authorize the Mayor to sign the letter of support for AB 1642. 10. Resolution in Opposition of Assembly Bill 1627 Recommended action: Approve resolution in opposition of Assembly Bill 1627- Healthy Neighborhoods Act. PUBLIC HEARINGS None OLD BUSINESS 11. Saratoga Community Event Fee Waiver Requests Recommended action: Accept report and provide direction to staff. 12. Saratoga Light Poles Vertical Banner Policy Recommended action: Staff recommends adopting the attached Policy Regulating the Public Use of Vertical Banners on Select Saratoga Light Poles. NEW BUSINESS 13. Saratoga Library Solar Project — Award of Construction Contract Recommended action: Saratoga Library Solar Project — Award of Construction Contract 14. Resolution Amending the City of Saratoga's Conflict of Interest Code Recommended action: Adopt resolution amending the City of Saratoga's Conflict of Interest Code. 5 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Let's Move City Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee TEA Ad Hoc West Valley Mayors and Managers Association West Valley Sanitation District Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation KSAR Community Access TV Board SASCC Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Emily Lo Association of Bay Area Governments Highway 9 Ad Hoc Library Joint Powers Authority Sister City Liaison Village Ad Hoc Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Santa Clara Valley Water District Commission Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce Council Finance Committee County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council TEA Ad Hoc CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on March 29, 2012, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 29th day of March 2012 at Saratoga, California. Crystal Morrow City Clerk 7 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2012 04/04 Regular Meeting — (5:30 p.m. — Community Center) Joint Meeting with School Districts 04/18 Regular Meeting —Joint meeting with Mountain Winery 05/02 Regular Meeting —Joint Meeting with Youth Commission 05/16 Regular Meeting —Joint Meeting with Montalvo Arts 06/06 Regular Meeting —Joint Meeting with Planning Commission 06/20 Regular Meeting — (5:30 p.m. — Community Center) Joint Meeting with HOA's 07/04 Fourth of July —City Hall closed 07/18 Regular Meeting 08/01 Recess 08/15 Regular Meeting —Joint meeting with Hakone Foundation 09/05 Regular Meeting —Joint Meeting with Parks and Rec/PEBTAC 09/19 Regular Meeting —Joint Meeting with West Valley Board of Trustees 10/03 Regular Meeting —Joint Meeting with Saratoga/Monte Sereno Community Foundation 10/17 Regular Meeting -- Joint Meeting with Traffic Safety Commission 11/07 Regular Meeting —Joint Meeting with Library Commission 11/21 Regular Meeting —Joint Meeting with Saratoga Ministerial Association 12/04 City Council Reorganization 12/05 Regular Meeting —Joint meeting with HPC and Historical Foundation 12/19 Regular Meeting 8 4rPoV, MEETING DATE: April 4, 2012 AGENDA ITEM: DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: SARATOGA CITY COUNCIL SUBJECT: Commendations for Student Council Representatives of Local Schools RECOMMENDED ACTION: Present Certificates of Appreciation to Student Council representatives from schools in and around Saratoga. REPORT SUMMARY: The action of presenting Certificates of Appreciation to the Student Council representatives is to honor them for their service to their schools. For the last three years, the City Council has meet in a joint meeting with Principals and Superintendents from the Schools and School Districts those students who live in Saratoga attend. This year, the Mayor agendized presenting the Certificates of Appreciation to the Student Councils to recognize their service. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None ALTERNATIVE ACTION: None FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None 9 rpoit MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 4, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Commendations for Outgoing City Commissioners RECOMMENDED ACTION: Read and present commendations. BACKGROUND: Attached are commendations recognizing the contributions and achievements of outgoing Planning Commissioner Doug Robertson, Heritage Preservation Commissioner Joan Gomersall, and Traffic Safety Commissioner Michael Bustamante. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The commendations will not be presented. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Page 1 of 2 10 ATTACHMENTS: Attachment A: Commendation for Doug Robertson Attachment B: Commendation for Joan Gomersall Attachment C: Commendation for Michael Bustamante Page 2 of 2 11 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING DOUGLAS ROBERTSON FOR HIS SERVICE ON THE SARATOGA PLANNING COMMISSION WHEREAS, Douglas Robertson was appointed to the Saratoga Planning Commission in April 1, 2009; and WHEREAS, Douglas was well respected for his technical expertise as a structural engineer and his experience and leadership allowed him to have the honor of serving as Chair and Vice Chair of the Planning Commission; and WHEREAS, Douglas contributed to the update of the Circulation and Housing Elements of the General Plan, which help set transportation and housing policies for the City; and WHEREAS, Douglas helped guide the Commission in reviewing numerous cell tower installations, major annexations projects including South Thunder and Garrod Ranch, and a new office building in the Village; and WHEREAS, Douglas played a vital role in reviewing and updating of the Sign Ordinance to help simplify and clarify language to make it easier to understand for all members of the Saratoga community; and WHEREAS, Douglas and the Planning Commission contributed to the economic development of the City by helping establish the Administrative Use Permit Process; and WHEREAS, it is apparent to all who have worked with Douglas that he is a dedicated and hardworking member of the community and his service and contributions are greatly appreciated by the City Council, Planning Commission, and City staff. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Douglas Robertson for his dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of April 2012. Chuck Page, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING JOAN GOMERSALL FOR HER SERVICE ON THE SARATOGA TRAFFIC SAFETY COMMISSION WHEREAS, Joan Gomersall has served on the Heritage Preservation Commission since June 2006; and WHEREAS, Joan continued her Commissioner duties for the City while participating in preservation efforts with the Saratoga Historical and Hakone Foundation; and WHEREAS, Joan provided recommendations and guidance on updating local historic resources for the Heritage Resource Inventory; and WHEREAS, Joan continued her education in the discipline of Historic Preservation Planning for the benefit of the City of Saratoga; and WHEREAS, Joan participated in the application process to place Hakone Gardens on to the National Register for Historic Places; and WHEREAS, Joan participated and provided recommendations and insight into past Mustard Faire events; and WHEREAS, Joan utilized a intellect and passion to assist in providing guidance in difficult situations regarding the preservation of historic structures; and WHEREAS, Joan continues to devote precious time and resources to serving her community; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Joan Gomersall for her dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of April 2012. Chuck Page, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING MICHAEL BUSTAMANTE FOR HIS SERVICE ON THE SARATOGA TRAFFIC SAFETY COMMISSION WHEREAS, Michael Bustamante served as a City of Saratoga Public Safety Commissioner and Traffic Safety Commissioner from April 1, 2004 to April 1, 2012; and WHEREAS, Michael became a Commissioner after participating in the City's Neighborhood Traffic Management Program in the El Quito South neighborhood, which helped develop traffic calming measures in this residential neighborhood; and WHEREAS, Michael and the other members of the Traffic Safety Commission developed a traffic plan for the area around Blue Hills Elementary School; and WHEREAS, Michael served as the Chair of the Traffic Safety Commission in 2008 and again in 2009; and WHEREAS, as the Chair of the Traffic Safety Commission, Michael led the Commission's efforts to slow traffic and improve safety on Pierce Road; and WHEREAS, Michael participated in the Traffic Safety Commission's efforts to develop red curb and crosswalk guidelines; and WHEREAS, Michael advocated for involving the community in solving problems and giving the public the opportunity to have a voice in traffic safety matters; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Michael Bustamante for his dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of April 2012. Chuck Page, Mayor City of Saratoga t4 MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 4, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Appointment of City Commissioners RECOMMENDED ACTION: 1. Adopt the resolution appointing one member to the Planning Commission, one member to the Traffic Safety Commission, and two members to the Heritage Preservation Commission; and 2. Direct the City Clerk to administer the Oaths of Office. BACKGROUND: On March 20, 2012 and March 21, 2012, the City Council held interviews for: - One vacancy on the Planning Commission resulting from the expired term of Planning Commissioner Douglas Robertson; - One vacancy on the Traffic Safety Commission resulting from the expired term of Michael Bustamante; and - Two vacancies on the Heritage Preservation Commission resulting from the expired terms of Joan Gomersall and Paul Conrado. Council selected Leonard Almalech to fill a four-year term on the Planning Commission ending April 1, 2016. E.J. Tim Harris was selected to serve a four-year and nine-month term on the Traffic Safety Commission, ending January 1, 2017. Both Alexandra Nugent and Paul Conrado were selected to serve four-year and nine-month terms on the Heritage Preservation Commission. Alexandra Nugent was nominated by the Saratoga Historical Foundation and Paul Conrado is an incumbent. Following City Council direction, the City Clerk will administer the Oath of Office to the new Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Page 1 of 2 15 Appointments to the Planning, Traffic Safety, and Heritage Preservation Commissions would not be made. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Update the City's Commission Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution of Appointment Attachment B: Oaths of Office Page 2 of 2 16 RESOLUTION 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE PLANNING COMMISSION, ONE MEMBER TO THE TRAFFIC SAFETY COMMISSION, AND TWO MEMBERS TO THE HERITAGE PRESERVATION COMMISSION WHEREAS, one vacancy was created on the Planning Commission as a result of the expired term of Douglas Robertson; and WHEREAS, one vacancy was created on the Traffic Safety Commission as a result of the expired term of Michael Bustamante; and WHEREAS, two vacancies were created on the Heritage Commission as a result of the expired terms of Paul Conrado and Joan Gomersall; and WHEREAS, the City publicized the vacancies, accepted applications, and conducted interviews on March 20, 2012 and March 21, 2012; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointments were made to the Planning, Traffic Safety, and Heritage Preservation Commissions: PLANNING COMMISSION Leonard Almalech — April 1, 2012 to April 1, 2016 TRAFFIC SAFETY COMMISSION E.J. Tim Harris — April 1, 2012 to January 1, 2017 HERITAGE PRESERVATION COMMISSION Alexandra Nugent (Saratoga Historical Foundation Nominee) — April 1, 2012 to January 1, 2017 Paul Conrado (incumbent) — April 1, 2012 to January 1, 2017 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Morrow, City Clerk 17 Chuck Page, Mayor L4 of SA,R,y�stsika STATE OF CALIFORNIA COUNTY OF SANTA CLARA I , Leonard Almalech, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 4th day of April 2012. Crystal Morrow City Clerk 18 Leonard Almalech, Member Planning Commission L4 of SA,R,y�stsika STATE OF CALIFORNIA COUNTY OF SANTA CLARA I , E.J. Tim Harris, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 4th day of April 2012. Crystal Morrow City Clerk 19 E.J. Tim Harris, Member Traffic Safety Commission L4 of SA,R,y�stsika STATE OF CALIFORNIA COUNTY OF SANTA CLARA I , Alexandra Nugent, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 4th day of April 2012. Crystal Morrow City Clerk 20 Alexandra Nugent, Member Heritage Preservation Commission L4 of SA,R,y�stsika STATE OF CALIFORNIA COUNTY OF SANTA CLARA I , Paul Conrado, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 4th day of April 2012. Crystal Morrow City Clerk 21 Paul Conrado, Member Heritage Preservation Commission MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 4, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve minutes for the City Council Meeting on March 21, 2012. BACKGROUND: The draft minutes for the City Council Meeting on March 21, 2012 are attached to this report for Council review and approval. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Page 1 of 2 22 Attachment A: March 21, 2012 City Council Meeting Minutes Page 2 of 2 23 MINUTES SARATOGA SPECIAL CITY COUNCIL MEETING MARCH 21, 2012 The City Council held a special meeting at 5:00 p.m. to conduct Commission interviews in the administrative conference room in the City Manager's Office. The Council then adjourned to Closed Session at 5:40 p.m. Announcement of Closed Session Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation (Government Code section 54956.9 (b): 1 case Closed Session adjourned at 6:00 p.m. and Council held a Joint Meeting with the Saratoga Area Senior Coordinating Council (SASCC). SARATOGA REGULAR CITY COUNCIL MEETING Mayor Page called the Regular City Council meeting to order at 7:01 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Manny Cappello, Howard Miller, Emily Lo, Vice Mayor Jill Hunter, Mayor Chuck Page ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Morrow, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Michael Taylor, Recreation and Facilities Director Adam Henig, Recreation Supervisor Cynthia McCormick, Planner REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Morrow reported that pursuant to Gov't. Code 54954.2, the agenda for the meeting was properly posted on March 15, 2012. REPORT FROM CLOSED SESSION Mayor Page announced that there was nothing to report from Closed Session. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Daniel Honniball announced the Odd Fellows Annual Easter Egg Hunt on April 7, 2012 at 9:00 a.m. in Wildwood Park. Additionally, Mr. Honniball asked Council to waive park rental fees for the event. 24 Emily Risberg of United Studios of Self Defense announced a Safe Kids event on Saturday, March 24, 2012 at the United Studios of Self Defense on Saratoga -Sunnyvale Road. Debra Cummins, Saratoga Chamber of Commerce Member, thanked Ms. Risberg for her contributions to the Chamber and Saratoga business community Susan Huff, Executive Director of SASCC, reported on the City Council's Joint Meeting with SASCC. She thanked the Council for its ongoing support of SASCC, shared information about programs offered by SASCC, and announced upcoming SASCC events. Mark Chapman, President of the SASCC Board of Directors, thanked the City Council for supporting SASCC. Kia Fariba, Chair of the Youth Commission, shared information about the Youth Commission's participation in YAC Attack and efforts to work with Project Cornerstone to build youth assets in Saratoga. COUNCIL DIRECTION TO STAFF Vice Mayor Hunter asked that the request to waive park rental fees for the Odd Fellows Annual Easter Egg Hunt be added to the next agenda. Council Member Cappello seconded the request and added that he would like the report to include a list of event waiver requests the City has recently received and expects to receive in the future. ANNOUNCEMENTS Council Member Miller shared information about summer camps and vocal workshops listed in the Saratoga Recreation Activity Guide. Council Member Lo made an announcement about the Muko, Japan Sister City student exchange program. Students and families interested in participating should call (408) 872-0781. Vice Mayor Hunter noted that Hakone Gardens was featured in a PBS television program that aired on March 21, 2012 and can also be viewed on YouTube. Vice Mayor Hunter added that Hakone Gardens will be holding a Persian New Year event on March 25, 2012. Mayor Page invited everyone to attend the Saratoga Serves Community Barbeque hosted by the City on March 25, 2012 from 3:00 p.m. to 5:00 p.m. at Wildwood Park. The event is free and open to everyone. Mayor Page announced the passing of Don Coulter and Citizen Ray. He added that the meeting would be held in their honor. 25 CONSENT CALENDAR 1. City Council Meeting Minutes Recommended action: Approve minutes for the City Council Study Session on February 29, 2012 and City Council Meeting on March 7, 2012. MILLER/HUNTER MOVED TO APPROVE MINUTES FOR THE CITY COUNCIL STUDY SESSION ON FEBRUARY 29, 2012 AND CITY COUNCIL MEETING ON MARCH 7, 2012. MOTION PASSED 5-0-0. 2. Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept check registers for the following accounts payable payment cycles: March 6, 2012 March 13, 2012 MILLER/HUNTER MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: March 6, 2012 March 13, 2012 MOTION PASSED 5-0-0. 3. Treasurer's Report for the Month Ended February 29, 2012 Recommended action: Review and accept the Treasurer's Report for the month ended February 29, 2012. MILLER/HUNTER MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED FEBRUARY 29, 2012. MOTION PASSED 5-0-0. 4. Resolution in Support of Assembly Bill 1816 Recommended action: Approve resolution in support of Assembly Bill 1816. RESOLUTION NO. 12-016 MILLER/HUNTER MOVED TO APPROVE RESOLUTION IN SUPPORT OF ASSEMBLY BILL 1816. MOTION PASSED 5-0-0. 5. Electrical Vehicle Charging Stations Recommended action: 1. Approve Master Service and Subscription Agreement with Coulomb Technologies, Inc. and authorize the City Manager to execute the same. 2. Approve ChargePoint America Station Award Agreement with Coulomb Technologies, Inc. and authorize the City Manager to execute the same. 3. Approve Construction Agreement with REJ Electric Company to install the charging stations in the amount of $30,512.96 and additional $3,000 for unforeseen circumstances and authorize the City Manager to execute the same. Council Member Lo and Council Member Cappello asked that this item be removed from the Consent Calendar to request additional information. 26 Public Works Director John Cherbone answered questions about the number of stations, location of the stations, and costs associated with use of the charging stations. LO/CAPPELLO MOVED TO: 1. APPROVE MASTER SERVICE AND SUBSCRIPTION AGREEMENT WITH COULOMB TECHNOLOGIES, INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. 2. APPROVE CHARGEPOINT AMERICA STATION AWARD AGREEMENT WITH COULOMB TECHNOLOGIES, INC. AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. 3. APPROVE CONSTRUCTION AGREEMENT WITH REJ ELECTRIC COMPANY TO INSTALL THE CHARGING STATIONS IN THE AMOUNT OF $30,512.96 AND ADDITIONAL $3,000 FOR UNFORESEEN CIRCUMSTANCES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0. 6. Subdivision Improvement Agreement Recommended action: 1. Approve Subdivision Improvement Agreement between Peach Hill Road, LLC and the City of Saratoga. 2. Authorize the City Manager to execute the same. MILLER/HUNTER MOVED TO: 1. APPROVE SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN PEACH HILL ROAD, LLC AND THE CITY OF SARATOGA. 2. AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0. 7. Extension of the surplus parking provision in City Code Section 15-35.020(k) Recommended action: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Off -Street Parking and Loading Facilities. ORDINANCE NO. 288 MILLER/HUNTER MOVED TO WAIVE THE SECOND READING AND ADOPT THE ORDINANCE AMENDING THE ZONING REGULATIONS RELATED TO OFF-STREET PARKING AND LOADING FACILITIES. MOTION PASSED 5-0-0. PUBLIC HEARINGS 27 8. Development Agreement, Design Review, and Conditional Use Permit for a New Two -Story Home, Secondary Dwelling Unit, Equestrian Facilities and Variation from Standards for Lot Coverage at 22100 Mount Eden Road. Recommended action: Staff recommends that the City Council introduce and waive the first reading of the Ordinance adopting the Development Agreement and adopting the Resolution adopting the Mitigated Negative Declaration and approving the Development Agreement, Design Review, and Conditional Use Permit subject to conditions of approval. Community Development Department Planner Cynthia McCormick presented the staff report on this item. Mayor Page opened the public hearing and opened the public comment period. David Fox spoke on behalf of the applicant. No one else requested to speak. Mayor Page closed the public hearing and public comment period. RESOLUTION NO.12-017 MILLER/HUNTER MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE ADOPTING THE DEVELOPMENT AGREEMENT AND ADOPTING THE RESOLUTION ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING THE DEVELOPMENT AGREEMENT, DESIGN REVIEW, AND CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED 5-0-0. At this time, Mayor Page invited students from San Jose State University sitting in the audience to join him on stage and introduce themselves. 9. Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Weeds) Recommended action: Open the public hearing, listen to public testimony, and close public hearing. Consider any objections to the proposed Order for Abatement of Hazardous Vegetation and sustain or overrule any objections as to specific properties. Adopt the resolution ordering abatement as to specified properties (with modifications if any objections are sustained). City Clerk Crystal Morrow provided the staff report on this item. Mayor Page invited public comment on the item. No one requested to speak. RESOLUTION NO. 12-018 28 LO/HUNTER MOVED TO ADOPT THE RESOLUTION ORDERING ABATEMENT AS TO SPECIFIED PROPERTIES. MOTION PASSED 5-0-0. OLD BUSINESS 10. Blaney Plaza Reservation Policy Recommended action: Review report and provide direction to staff regarding the Blaney Plaza Reservation Policy. Recreation and Facilities Director Michael Taylor presented the staff report. Mayor Page invited public comment on the item. No one requested to speak. COUNCIL DIRECTION: Council directed staff to leave the reservation policy for Blaney Plaza as it is. NEW BUSINESS 11. Saratoga Village Light Poles Vertical Banner Policy Recommended action: Staff recommends adopting the attached Policy Regulating the Public Use of Banners on the Saratoga Village Light Poles. Recreation and Facilities Director Michael Taylor presented the staff report. Mayor Page invited public comment on the item. No one requested to speak. COUNCIL DIRECTION: Council directed staff to return to Council with a revised policy that establishes design guidelines to provide a consistent look and feel of banners, establishes size and hardware requirements for banners, requires banners to be removed by noon on the Monday following the end of the banner reservation period, covers street lights on all of the City's major arterial roads, requires organizations reserving banner space to fill all available banner spaces in a particular area (i.e. the Village), and alternates City banner spaces with reserve -able banner spaces wherever viable. The Council also asked staff to prepare a cost estimate to retrofit light poles on major arterial roads to accommodate vertical banners and make existing hardware consistent. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Hakone Foundation Board — there was Hakone Foundation Board meeting this month, but Mayor Page shared that the area near the Lower House at Hakone Gardens may become a Zen Garden. 29 Santa Clara County Cities Association — Mayor Page provided an update on the Santa Clara County Cities Association meeting in January, which included a presentation on Rocketship Education, efforts to limit tobacco use and obesity County -wide, a decision to provide scholarships for members to attend Silicon Valley Leadership Group legislative days, and a decision to support the Santa Clara County Recycling and Waste Reduction Commission's recommendation on banning plastic bags and Styrofoam. West Valley Sanitation District — Mayor Page announced that an organization called River Watch may be filing a lawsuit against the West Valley Sanitation District for backups reported to the State as required by law. Vice Mayor Jill Hunter Historical Foundation — the Historical Foundation nominated Alexandra Nugent to the Heritage Preservation Commission and is looking forward to her participation in both groups. KSAR Community Access TV Board — at the last meeting of the Board, the group considered purchasing a teleprompter. Library Joint Powers Authority — Vice Mayor Hunter attended the last meeting on behalf of Council Member Lo. During the meeting, the JPA approved allocating additional funds to the construction of a new Santa Clara County Library administrative building. Saratoga Chamber of Commerce — Vice Mayor Hunter attended the last Chamber meeting on behalf of Council Member Cappello. During the meeting, the group discussed upcoming events. Additionally, Vice Mayor Hunter and Council Member Lo will be participating in the Celebrate Saratoga planning committee. Council Member Emily Lo Library Joint Powers Authority — Council Member Lo clarified that the Library Joint Powers Authority Meeting considered adding approximately $3 million to the Santa Clara County Library administrative building construction budget during the special meeting Vice Mayor Hunter attended. Council Member Howard Miller Council Member Miller thanked Council Member Cappello for his leadership on the County HCD Policy Committee. Council Member Manny Cappello County HCD Policy Committee — during the last meeting, Council Member Cappello raised the issues associated with allocation of CDBG public service funds and informed the Committee that the allocation method used for Fiscal Year 2013/14 was conflicted with U.S. Department of Housing and Urban Development (HUD) guidelines and procedures agreed upon by Santa Clara County cities. Consequently, cities have been asked to develop Local Priority Plans that will be used in the Fiscal Year 2014/15 allocations to bring the distribution of public service funds back into agreement with HUD guidelines and the practices agreed upon by Santa Clara County cities. Let's Move City Ad Hoc — during the Ad Hoc meeting on March 21, 2012, the committee approved a Healthy Vending Machine Policy and Healthy Meeting Guidelines presented by staff. The Committee will be meeting again to discuss bike rack incentives. CITY COUNCIL ITEMS None 30 CITY MANAGER'S REPORT City Manager Dave Anderson reported that he attended a Santa Clara County City Managers Association meeting where the funding formula for the Santa Clara County Library district was discussed. The Santa Clara County City Managers Association plans to provide the Santa Clara County Library Joint Powers Authority with a recommendation on the funding formula in 1-2 months. ADJOURNMENT MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:25 P.M. MOTION PASSED 5-0-0. Minutes respectfully submitted: Crystal Morrow, City Clerk 31 SARATOGA CITY COUNCIL MEETING DATE: April 4, 2012 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DEPT. DIRECTOR: Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: March 20, 2012 March 27, 2012 REPORT SUMMARY: Attached are Check Registers for: Date Check No. Issued to Fund Dept. Purpose Amount Prior Check Register 119768 BKF Engineers Starting Ending Check Hwy 9 Phase 2 Impry 32,592.86 Checks 119775 Ending Check Type of Checks Date Check No. No. Total Checks Amount Released Date No. Accounts Payable 3/20/12 119764 119821 58 666,187.54 03/20/12 3/13/12 119763 Accounts Payable 3/27/12 119822 119873 52 117,382.08 03/27/12 3/20/12 119821 Accounts Payable checks issued for $20,000 or greater: Date Check No. Issued to Fund Dept. Purpose Amount 3/20/12 119768 BKF Engineers CII' Streets / CIP Grant PW Hwy 9 Phase 2 Impry 32,592.86 3/20/12 119775 City of San Jose General PS Animal Services - Feb/Mar 29,438.62 3/20/12 119797 SCC Sheriffs General PS March Law Enforcement 338,358.83 03/20/12 119820 WV Sanitation District General PW Clean Water Program 129,900.85 03/27/12 119833 ABAG Comp Risk Pool Workers Comp ND 4th Quarter Premium 45,656.99 Accounts Payable checks voided during this time period: AP Date Check No. Issued to Status Amount 3/20/12 119791 Megapath Void - Reissue 1,473.88 32 Cash reductions by fund: Fund # Fund Description 03/20/12 03/27/12 Total 111 General Fund 609,049.19 37,622.39 646,671.58 231 Village Lighting - 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape - 242 Bonnet Way Landscape - 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape 61.02 61.02 245 Fredericksburg Landscape - 246 Greenbriar Landscape - 247 Kerwin Ranch Landscape 269.71 269.71 248 Leutar Court Landscape - 249 Manor Drive Landscape 61.02 61.02 251 McCartysville Landscape - 252 Prides Crossing Landscape 3,223.12 3,223.12 253 Saratoga Legends Landscape 322.37 322.37 254 Sunland Park Landscape 151.78 151.78 255 Tricia Woods Landscape - 271 Beauchamps Landscape 334.12 334.12 272 Bellgrove Landscape _ - 273 Gateway Landscape - 274 Horseshoe Landscape/Lighting 148.75 148.75 275 Quito Lighting - 276 Tollgate LLD 33.50 33.50 277 Village Commercial Landscape 893.87 893.87 311 Library Bond Debt Service 96.00 96.00 411 CIP Street Projects 21,354.30 10,156.70 31,511.00 412 CIP Park & Trail Projects - 413 CIP Facility Projects 2,457.43 2,457.43 414 CIP Admin Projects 350.00 350.00 421 Tree Fund 233.60 233.60 431 Grant Fund - CIP Streets 11,426.66 3,841.95 15,268.61 432 Grant Fund - Parks & Trails - 481 Gas Tax Fund 9,588.10 9,588.10 611 Liability/Risk Mgt 1,496.97 4,819.72 6,316.69 612 Workers' Comp 45,656.99 45,656.99 621 Office Support 1,076.69 106.09 1,182.78 622 IT Services 1,533.95 4,588.82 6,122.77 623 Vehicle & Equipment Maint 6,508.06 335.75 6,843.81 624 Building Maintenance 1,505.67 3,766.31 5,271.98 632 IT Equipment Replacement 499.02 499.02 TOTAL 666,187.54 117,382.08 - - - 783,569.62 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format 33 SUNGARD PUBLIC SECTOR DATE: 03/20/2012 TIME: 15:39:32 PAGE NUMBER: 1 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120320 00:00:00.000' ACCOUNTING PERIOD: 9/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119764 03/20/12 500 11111 119765 03/20/12 953 11111 119766 03/20/12 197 11111 119767 03/20/12 303 11111 119768 03/20/12 641 11111 119768 03/20/12 641 TOTAL CHECK 11111 119769 03/20/12 500 11111 119769 03/20/12 500 TOTAL CHECK 11111 119770 03/20/12 13 11111 119771 03/20/12 571 11111 119771 03/20/12 571 11111 119771 03/20/12 571 11111 119771 03/20/12 571 11111 119771 03/20/12 571 TOTAL CHECK 11111 119772 03/20/12 163 11111 119773 03/20/12 188 11111 119774 03/20/12 193 11111 119775 03/20/12 517 11111 119775 03/20/12 517 TOTAL CHECK 11111 119776 03/20/12 229 11111 119777 03/20/12 591 11111 119777 03/20/12 591 TOTAL CHECK 11111 119778 03/20/12 211 11111 119779 03/20/12 390 119780 119780 119780 119780 119780 119780 CHECK 03/20/12 651 03/20/12 651 03/20/12 651 03/20/12 651 03/20/12 651 03/20/12 651 VENDOR ALAN AND LOUIE YAMAUCHI ARC ARROWHEAD MOUNTAIN SPRIN BAY AREA FLOOR MACHINE C BKF ENGINEERS BKF ENGINEERS BUDGET UNIT 111 4139374-002 6246202 6246202 4119122-004 4319122-004 BRENT & CHRISTY FAIRBANK 111 BRENT & CHRISTY FAIRBANK 111 BRYANT, CHRISTOPHER 1116101 CHANG TAI DO KARATE & CHANG TAI DO KARATE & CHANG TAI DO KARATE & CHANG TAI DO KARATE & CHANG TAI DO KARATE & CHOW, JACKSON CITY OF CAMPBELL CITY OF CUPERTINO CITY OF SAN JOSE CITY OF SAN JOSE FI 1116101 FI 1116101 FI 1116101 FI 1116101 FI 1116101 1117101 1117101 COAST OIL COMPANY LLC 6235202 DANCE FORCE LLC DANCE FORCE LLC 1116101 1116101 DEEP CLIFF GOLF COURSE 1116101 ELECTRICAL DISTRIBUTORS 6246202 ELLA CHEKHANOVSKAYA ELLA CHEKHANOVSKAYA ELLA CHEKHANOVSKAYA ELLA CHEKHANOVSKAYA ELLA CHEKHANOVSKAYA ELLA CHEKHANOVSKAYA 1116101 1116101 1116101 1116101 1116101 1116101 34 DESCRIPTION SALES TAX REFUND - ARB11-0044 0.00 LIBRARY SOLAR PROJECT 0.00 MTHLY SRV 02/07-03/06 0.00 JANITORIAL SUPPLIES 0.00 HWY 9 PHASE II IMPVTS HWY 9 PHASE II IMPVTS REFUND - ARB08-0076 REFUND - GEO09-0001 INSTRUCTOR - GUITAR INSTRUCTOR - KARATE INSTRUCTOR - KARATE INSTRUCTOR - KARATE INSTRUCTOR - KARATE INSTRUCTOR - KARATE INSTRUCTOR - DEBATE EXCURSION 2/27-2/29 TEA LEGIS/MARCH 2012 ANIMAL SERVICES 02/12 ANIMAL SERVICES 03/12 UNLEADED/DIESEL INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - GOLF SUPPLIES - FACILITIES INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM AMOUNT 2,050.00 1,257.43 97.38 161.99 0.00 21,316.68 0.00 11,276.18 0.00 32,592.86 0.00 280.00 0.00 1,811.06 0.00 2,091.06 0.00 430.92 0.00 345.68 0.00 86.42 0.00 864.20 0.00 407.16 0.00 432.10 0.00 2,135.56 0.00 187.50 0.00 810.00 0.00 910.00 0.00 14,719.31 0.00 14,719.31 0.00 29,438.62 0.00 6,508.06 0.00 59.40 0.00 65.40 0.00 124.80 0.00 477.36 0.00 413.15 0.00 174.70 0.00 139.76 0.00 294.99 0.00 120.91 0.00 406.47 0.00 262.68 0.00 1,399.51 SUNGARD PUBLIC SECTOR DATE: 03/20/2012 TIME: 15:39:32 SELECTION CRITERIA: ACCOUNTING PERIOD: CITY OF SARATOGA CHECK REGISTER - DISBURSEMENT FUND transact.ck_date='20120320 00:00:00.000' 9/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119781 11111 119782 11111 119782 11111 119782 TOTAL CHECK 11111 119783 11111 11111 TOTAL 11111 11111 TOTAL 119784 119784 119784 119784 119784 119784 CHECK 119785 119785 CHECK 119786 119787 119788 119789 119789 CHECK 119790 119790 119790 119790 CHECK 03/20/12 742 03/20/12 470 03/20/12 470 03/20/12 470 03/20/12 500 03/20/12 03/20/12 03/20/12 03/20/12 03/20/12 03/20/12 VENDOR BUDGET UNIT GIULIANI & KULL, INC 4139363-003 GREGORIAN, AGNES GREGORIAN, AGNES GREGORIAN, AGNES HERB LIEBELT 956 INDEPENDENT STATIONERS 956 INDEPENDENT STATIONERS 956 INDEPENDENT STATIONERS 956 INDEPENDENT STATIONERS 956 INDEPENDENT STATIONERS 956 INDEPENDENT STATIONERS 03/20/12 525 03/20/12 525 03/20/12 997 03/20/12 500 03/20/12 500 JAMELLO, NANCY JAMELLO, NANCY 1116101 1116101 1116101 111 1113101 6213102 1112101 1113301 1113101 1116101 1116101 1116101 JJR CONSTRUCTION, INC. 481 JOHN CINTAS 111 KATHLEEN CASEY 03/20/12 931 KATHLEEN M. CALLAN 03/20/12 931 KATHLEEN M. CALLAN 03/20/12 159 03/20/12 159 03/20/12 159 03/20/12 159 KUHN, BRIAN KUHN, BRIAN KUHN, BRIAN KUHN, BRIAN 119791 03/20/12 996 MEGAPATH 119792 03/20/12 500 MIKE MEYER AND LORI ZINC 111 119793 03/20/12 500 MILO TIKVICA 1116201 1116101 1116101 1116101 1116101 1116101 1116101 6223201 119794 119794 119794 119794 119794 119794 CHECK 03/20/12 03/20/12 03/20/12 03/20/12 03/20/12 03/20/12 83 MUSICAL ME, INC 83 MUSICAL ME, INC 83 MUSICAL ME, INC 83 MUSICAL ME, INC 83 MUSICAL ME, INC 83 MUSICAL ME, INC DESCRIPTION DESIGN/PG&E EASEMENT INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE REFUND - ARB08-0020 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES INSTRUCTOR - YOGA INSTRUCTOR - YOGA RETENTION PYMT PO#075 REFUND GEO11-0013 REFUND - FACILITY INSTRUCTOR - YOGA INSTRUCTOR - YOGA INSTRUCTOR - KARATE INSTRUCTOR - KARATE INSTRUCTOR - KARATE INSTRUCTOR - KARATE ISP ANNUAL SERVICES REFUND - ARB08-0002 111 REFUND - FACILITY 1116101 1116101 1116101 1116101 1116101 1116101 INSTRUCTOR - MUSIC INSTRUCTOR - MUSIC INSTRUCTOR - MUSIC INSTRUCTOR - MUSIC INSTRUCTOR - MUSIC INSTRUCTOR - MUSIC SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE NUMBER: 2 ACCTPA21 AMOUNT 1,200.00 310.50 103.50 709.50 1,123.50 1,720.00 88.41 1,076.69 170.20 21.02 61.13 104.74 1,522.19 260.75 234.00 494.75 9,588.10 701.56 45.00 133.50 317.00 450.50 162.00 172.50 310.50 34.50 679.50 1,473.88 1,960.00 300.00 262.50 257.10 154.80 157.50 283.43 257.18 1,372.51 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 03/20/2012 CITY OF SARATOGA ACCTPA21 TIME: 15:39:32 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120320 00:00:00.000' ACCOUNTING PERIOD: 9/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119795 03/20/12 89 11111 119795 03/20/12 89 TOTAL CHECK VENDOR MY FIRST ART CLASS MY FIRST ART CLASS BUDGET UNIT DESCRIPTION SALES TAX AMOUNT 1116101 INSTRUCTOR - ART 0.00 119.90 1116101 INSTRUCTOR - ART 0.00 239.80 0.00 359.70 11111 119796 03/20/12 139 NOVAKOVICH,MATT 1115301 ORCHARD MAINT 09/11 0.00 26,596.13 11111 119796 03/20/12 139 NOVAKOVICH,MATT 1115301 ORCHARD MAINT 12/31 0.00 29,383.54 TOTAL CHECK 0.00 55,979.67 11111 119797 03/20/12 1 OFF OF SHERIFF -FISCAL SV 1117101 LAW ENFORCEMENT 03/12 0.00 338,358.83 11111 119798 03/20/12 156 OKIN,YELENA 1116101 INSTRUCTOR - BEADING 0.00 29.00 11111 119799 03/20/12 60 ONTRAC 1112101 SHIPPING CHARGES 0.00 11.23 11111 119799 03/20/12 60 ONTRAC 1112201 SHIPPING CHARGES 0.00 10.70 TOTAL CHECK 0.00 21.93 11111 119800 03/20/12 278 PETROTEK 6118499 GAS PUMP/PUMP FUSES 0.00 595.91 11111 119801 03/20/12 296 PLANET GRANITE 1116101 INSTRUCTOR - CLIMBING 0.00 100.50 11111 119802 03/20/12 500 RAGHAVAN MENON 111 REFUND - ARB10-0041 0.00 1,600.00 11111 119803 03/20/12 500 ROBIN SOBRAK-SEATON 111 REFUND - FACILITY 0.00 500.00 11111 119804 03/20/12 500 SAM SPADAFORA 111 REFUND - ARB08-0083 0.00 1,660.00 11111 119805 03/20/12 313 SAN JOSE MERCURY NEWS 1118101 SERVICE 04/02-06/29 0.00 32.83 11111 119806 03/20/12 87 SAN JOSE WATER COMPANY 6246202 BUILDINGS 0.00 686.83 11111 119806 03/20/12 87 SAN JOSE WATER COMPANY 1115301 PARKS/OPEN SPACE 0.00 2,645.10 11111 119806 03/20/12 87 SAN JOSE WATER COMPANY 2495302 MANOR DRIVE 0.00 61.02 11111 119806 03/20/12 87 SAN JOSE WATER COMPANY 2765302 TOLLGATE 0.00 33.50 11111 119806 03/20/12 87 SAN JOSE WATER COMPANY 1115301 MEDIANS/PARKWAYS 0.00 1,253.20 TOTAL CHECK 0.00 4,679.65 11111 119807 03/20/12 500 SANG KEE MI & KYUNG-JA M 111 REFUND - ARB08-0021 0.00 1,900.00 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 36 INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE 0.00 11.56 0.00 601.12 0.00 184.96 0.00 23.12 0.00 161.84 0.00 40.80 0.00 277.44 0.00 184.96 0.00 138.72 0.00 92.48 0.00 163.20 0.00 204.00 0.00 92.48 0.00 40.80 0.00 408.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 03/20/2012 CITY OF SARATOGA ACCTPA21 TIME: 15:39:32 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120320 00:00:00.000' ACCOUNTING PERIOD: 9/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 11111 119809 03/20/12 729 TOTAL CHECK VENDOR BUDGET UNIT DESCRIPTION SALES TAX AMOUNT SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 163.20 INSTRUCTOR - DANCE 0.00 92.48 INSTRUCTOR - DANCE 0.00 46.24 INSTRUCTOR - DANCE 0.00 122.40 INSTRUCTOR - DANCE 0.00 204.00 INSTRUCTOR - DANCE 0.00 102.00 INSTRUCTOR - DANCE 0.00 92.48 INSTRUCTOR - DANCE 0.00 228.48 INSTRUCTOR - DANCE 0.00 277.44 INSTRUCTOR - DANCE 0.00 72.50 INSTRUCTOR - DANCE 0.00 39.20 INSTRUCTOR - DANCE 0.00 114.80 INSTRUCTOR - DANCE 0.00 54.74 INSTRUCTOR - DANCE 0.00 85.00 INSTRUCTOR - DANCE 0.00 147.22 INSTRUCTOR - DANCE 0.00 46.24 INSTRUCTOR - DANCE 0.00 46.24 INSTRUCTOR - DANCE 0.00 231.20 INSTRUCTOR - DANCE 0.00 40.80 INSTRUCTOR - DANCE 0.00 231.20 INSTRUCTOR - DANCE 0.00 231.20 INSTRUCTOR - DANCE 0.00 115.60 INSTRUCTOR - DANCE 0.00 92.48 0.00 5,502.62 11111 119810 03/20/12 147 SHIMODA MICHIKO 1116101 INSTRUCTOR - IKEBANA 0.00 111.00 11111 119810 03/20/12 147 SHIMODA MICHIKO 1116101 INSTRUCTOR - IKEBANA 0.00 148.00 TOTAL CHECK 0.00 259.00 11111 119811 03/20/12 500 SHU-CHING AND SHIH-CHIEH 111 REFUND 10-1223 0.00 500.00 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 11111 119812 03/20/12 154 TOTAL CHECK 11111 119813 03/20/12 162 11111 119813 03/20/12 162 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 3118601 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 4319152-002 SHUTE MIHALY & WEINBERGE 4119152-002 SHUTE MIHALY & WEINBERGE 111 CTY ATTN-COM DEVELOP CTY ATTN-LIT MGMT CTY ATTN-OFC/CTY CNCL CTY ATTN-PUBLIC WORKS CTY ATTN-RECREATION CTY ATTN-CTY CLRK OFC CTY ATTN-CTY MANAGER CTY ATTN-WEST LAW CTY ATTN-ADMIN SRVCS CTY ATTN-CODE ENFORCE CTY ATTN-SIGN ORDINCE GENLGL-CTY CLRK OFC OUTSIDE COUNSEL CODE ENFORCEMENT QUITO RD BRIDGES QUITO RD BRIDGES REIMBURSABLE WORK SILICON VALLEY COMM NEWS 1114101 LEGAL LINER -4325573 SILICON VALLEY COMM NEWS 1114102 LEGAL LINER -4325586 37 0.00 2,342.40 0.00 76.80 0.00 2,400.00 0.00 422.40 0.00 115.20 0.00 4,339.20 0.00 441.60 0.00 92.77 0.00 96.00 0.00 1,977.60 0.00 57.60 0.00 205.80 0.00 273.00 0.00 202.50 0.00 150.48 0.00 37.62 0.00 2,198.40 0.00 15,429.37 0.00 229.71 0.00 208.32 SUNGARD PUBLIC SECTOR DATE: 03/20/2012 TIME: 15:39:32 PAGE NUMBER: 5 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120320 00:00:00.000' ACCOUNTING PERIOD: 9/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 11111 11111 11111 11111 11111 TOTAL 119813 119813 119813 119813 CHECK 03/20/12 162 03/20/12 162 03/20/12 162 03/20/12 162 119814 03/20/12 236 119815 03/20/12 500 119816 03/20/12 248 119817 119817 119817 CHECK VENDOR BUDGET UNIT SILICON VALLEY COMM NEWS 1112201 SILICON VALLEY COMM NEWS 1114101 SILICON VALLEY COMM NEWS 1114102 SILICON VALLEY COMM NEWS 1112201 SOLECTRIC ELECTRICAL SRIVATSAN KASTORI 6118499 111 STATE OF CA FRANCHISE TA 111 03/20/12 984 TRUDI BURNEY 03/20/12 984 TRUDI BURNEY 03/20/12 984 TRUDI BURNEY 1116101 1116101 1116101 11111 119818 03/20/12 1032 UNITED STATES TREASURY 111 11111 11111 119819 119819 119819 119819 119819 119819 119819 119819 119819 119819 119819 119819 CHECK 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 03/20/12 395 119820 03/20/12 435 119821 03/20/12 500 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS 1112101 1112201 1113301 1113101 6223201 1114201 1114101 1115201 1115301 1115101 1115102 6246202 WEST VALLEY SANITATION D 1115103 YESENIA MUNOZ 111 DESCRIPTION LEGAL LINER -4339472 LEGAL LINER -4345828 LEGAL LINER -4345861 LEGAL LINER -4339479 LED LIGHTS REFUND ARB11-0053 LEVY-PP#06-12 INSTRUCTOR - ART INSTRUCTOR - ART INSTRUCTOR - ART LEVY-PP#06-12 CTY MANAGERS OFFICE CTY CLERKS OFFICE HUMAN RESOURCES ADMIN SERVICES IT DEPT CDD - BUILDING CDD - DEVELOPMENT PW - STREETS PW - PARKS PW - ENGINEERING PW - DEV ENGINEERING BUILDING MAINT. DEPT CLN WTR7/1/11-2/28/12 REFUND - FACILITY SALES TAX AMOUNT 0.00 117.18 0.00 119.04 0.00 312.48 0.00 85.56 0.00 1,072.29 0.00 901.06 0.00 900.00 0.00 100.00 0.00 182.00 0.00 182.00 0.00 63.00 0.00 427.00 0.00 405.00 0.00 0.17 0.00 2.89 0.00 60.07 0.00 52.78 0.00 60.07 0.00 73.61 0.00 36.75 0.00 154.51 0.00 294.07 0.00 73.16 0.00 0.24 0.00 146.32 0.00 954.64 0.00 129,900.85 0.00 300.00 0.00 666,187.54 0.00 666,187.54 0.00 666,187.54 SUNGARD PUBLIC SECTOR DATE: 03/27/2012 TIME: 15:02:54 SELECTION CRITERIA: ACCOUNTING PERIOD: FUND PAGE NUMBER: 1 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND transact.ck_date='20120327 00:00:00.000' 9/12 - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO 119822 119822 119822 119822 119822 119822 119822 119822 119822 119822 119822 119822 119822 119822 119822 119822 119822 CHECK 11111 119823 11111 119824 11111 11111 TOTAL 119825 119825 CHECK 11111 119826 11111 119827 11111 11111 TOTAL 119828 119828 CHECK ISSUE DT 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 234 234 234 234 234 234 234 234 234 234 234 234 234 234 234 234 234 03/27/12 27 03/27/12 521 03/27/12 953 03/27/12 953 03/27/12 970 03/27/12 641 03/27/12 641 03/27/12 641 11111 119829 03/27/12 13 11111 119830 03/27/12 130 11111 119831 03/27/12 494 11111 119832 03/27/12 991 11111 119833 03/27/12 924 11111 119834 03/27/12 225 11111 11111 TOTAL 119835 119835 CHECK 11111 119836 03/27/12 03/27/12 VENDOR A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T A T & T ABAG PLAN CORPORATION ALLIED LOCK & SAFE INC ARC ARC BUDGET UNIT 6246202 1117102 1117102 6246202 6246202 6246202 6246202 1117102 6246202 1117102 1117102 6246202 1115301 1115301 1115301 1115301 1115301 6118499 1115301 1114201 1114201 ATKINSON,ANDELSON,LOYA,R 1113301 BKF ENGINEERS BKF ENGINEERS BKF ENGINEERS BRYANT, CHRISTOPHER CDW GOVERNMENT COMCAST COMCAST COMP SHARED RISK POOL DELL MARKETING L.P. C/O 552 DEPARTMENT OF JUSTICE 552 DEPARTMENT OF JUSTICE 03/27/12 573 STATE OF CALIFORNIA 4119122-004 4119122-001 4319122-001 1116101 6323202 6223201 6223201 6128501 6223201 1113301 1113301 1115201 39 DESCRIPTION MTHLY CHARGES ER LINE - RECREATION ER LINE - CM OFFICE ALARM SYSTEM SUPERTRUNK SR CTR ALARMS BOOK -GO -ROUND ALARM ER LINE -ASST CM OFC POSTAGE MACHINE ER RESPONSE AM 1610 RADIO LINE NORTH CAMPUS GATEWAY LLA CORP YARD ER LINE PHONE LINES & PARKS BLANEY MODEM LINE CONGRESS SPRING PARK CLAIM#071151 KEYS/PARKS HAKONE LOWER HOUSE BLACK WALNUT CT. LEGAL SVCS 02/12 HWY 9 PHASE II IMPVTS HWY 9 PHASE II IMPVTS HWY 9 PHASE II IMPVTS INSTRUCTOR - GUITAR APC BACK-UPS MTHLY SRV 03/20-04/19 MTHLY SRV 03/19-04/18 PREMIUM 04/01-06/30 SUPPORT/IT FILE/LFSVR FINGERPRINT 02/12 FINGERPRINT 09/11 USAGE 10/11-12/11 SALES TAX AMOUNT 0.00 177.75 0.00 14.51 0.00 48.49 0.00 87.20 0.00 511.57 0.00 30.79 0.00 30.20 0.00 15.76 0.00 14.85 0.00 186.37 0.00 15.76 0.00 151.05 0.00 15.66 0.00 39.37 0.00 16.28 0.00 15.64 0.00 31.25 0.00 1,402.50 0.00 2,841.33 0.00 44.65 0.00 112.30 0.00 77.86 0.00 190.16 0.00 250.00 0.00 4,045.98 0.00 497.76 0.00 3,841.95 0.00 4,339.71 0.00 98.28 0.00 499.02 0.00 77.48 0.00 13.37 0.00 45,656.99 0.00 2,847.88 0.00 32.00 0.00 32.00 0.00 64.00 0.00 857.03 SUNGARD PUBLIC SECTOR DATE: 03/27/2012 TIME: 15:02:54 SELECTION CRITERIA: ACCOUNTING PERIOD: PAGE NUMBER: 2 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND transact.ck_date='20120327 00:00:00.000' 9/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 11111 TOTAL 11111 11111 TOTAL 119837 119837 CHECK 119838 119838 CHECK 119839 119839 119839 119839 119839 CHECK 11111 119840 11111 119841 119842 119842 119842 119842 CHECK 11111 119843 11111 11111 11111 TOTAL 119844 119844 119844 CHECK 11111 119845 11111 11111 11111 TOTAL 11111 11111 11111 TOTAL 119846 119846 119846 CHECK 119847 119848 119849 119850 119851 119851 119851 CHECK 03/27/12 1019 03/27/12 1019 03/27/12 423 03/27/12 423 03/27/12 454 03/27/12 454 03/27/12 454 03/27/12 454 03/27/12 454 03/27/12 464 03/27/12 1047 03/27/12 03/27/12 03/27/12 03/27/12 VENDOR BUDGET UNIT ELIZABETH GOLDBERG 1116101 ELIZABETH GOLDBERG 1116101 FEHR & PEERS 1115101 FEHR & PEERS 1115101 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2525302 GACHINA LANDSCAPE MANAGE 2525302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 4219211-002 GRANICUS 1112201 HELEN L. BROZDA 4149452-001 14 HYDROTEC IRRIGATION EQUI 1115301 14 HYDROTEC IRRIGATION EQUI 1115301 14 HYDROTEC IRRIGATION EQUI 1115301 14 HYDROTEC IRRIGATION EQUI 1115301 03/27/12 19 03/27/12 63 03/27/12 63 03/27/12 63 03/27/12 917 03/27/12 1046 03/27/12 1046 03/27/12 1046 03/27/12 500 03/27/12 50 03/27/12 110 03/27/12 731 03/27/12 1011 03/27/12 1011 03/27/12 1011 IAN GEDDES TREE CARE, IN 1115201 INTERSTATE TRAFFIC CONTR 4119111-002 INTERSTATE TRAFFIC CONTR 4119111-002 INTERSTATE TRAFFIC CONTR 4119111-002 JOSON FENCE 1115301 LAURA MAITA LAURA MAITA LAURA MAITA 1116101 1116101 1116101 MARSHALL & JACK SEYMOUR 111 MOORE, KAREN NBS-GOVT FINANCE GROUP NEOPOST, INC NICOLE BETTRAY NICOLE BETTRAY NICOLE BETTRAY 1116101 1118101 6213102 1116101 1116101 1116101 40 DESCRIPTION INSTRUCTOR - VOCAL INSTRUCTOR - VOCAL TRAFFIC SFTY COMMIS TRAFFIC SFTY COMMIS FRUITVALE/ALLENDALE LNSCAPE/MILLER GATE PRIDES CROSSINGS/COX REPAIR/DAGMAR ST. INSTL TREE/BURGANDYWY MTHLY SRV 04/12 VILLAGE FIP WTR METER/ORCHARD PK RPR PIPE/DAGMAR RPR/K.MORAN WTR TANK RPR/PARAMOUNT DR. LIMB REMVL/BRANDYWINE SUPPLIES - STREETS SUPPLIES - STREETS SUPPLIES - STREETS RPR-SARATOGA/PROSPECT INSTRUCTOR - YOGA INSTRUCTOR - YOGA INSTRUCTOR - YOGA REFUND - ARB10-0042 INSTRUCTOR - COOKING ADMIN FEES 4/12-6/12 INK/POSTAGE MACHINE INSTRUCTOR - YOGA INSTRUCTOR - YOGA INSTRUCTOR - YOGA SALES TAX AMOUNT 0.00 409.75 0.00 208.60 0.00 618.35 0.00 4,842.06 0.00 1,998.58 0.00 6,840.64 0.00 1,425.97 0.00 1,887.16 0.00 1,335.96 0.00 390.53 0.00 233.60 0.00 5,273.22 0.00 250.00 0.00 350.00 0.00 255.34 0.00 404.05 0.00 399.07 0.00 329.82 0.00 1,388.28 0.00 595.00 0.00 1,367.20 0.00 643.01 0.00 820.54 0.00 2,830.75 0.00 1,495.00 0.00 38.25 0.00 48.00 0.00 192.50 0.00 278.75 0.00 1,840.00 0.00 110.00 0.00 314.72 0.00 106.09 0.00 38.25 0.00 48.00 0.00 192.50 0.00 278.75 SUNGARD PUBLIC SECTOR DATE: 03/27/2012 TIME: 15:02:54 SELECTION CRITERIA: ACCOUNTING PERIOD: PAGE NUMBER: 3 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND transact.ck_date='20120327 00:00:00.000' 9/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119852 11111 119852 11111 119852 11111 119852 TOTAL CHECK 119853 119853 119853 119853 119853 119853 CHECK 11111 119854 11111 119855 11111 119855 TOTAL CHECK 11111 119856 11111 119857 119858 119858 119858 119858 119858 119858 119858 119858 119858 CHECK 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 11111 119860 03/27/12 135 03/27/12 135 03/27/12 135 03/27/12 135 03/27/12 145 03/27/12 145 03/27/12 145 03/27/12 145 03/27/12 145 03/27/12 145 03/27/12 352 03/27/12 409 03/27/12 409 03/27/12 500 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 VENDOR BUDGET UNIT NORTH BAY BLDG MAINTENAN 6246202 NORTH BAY BLDG MAINTENAN 6246202 NORTH BAY BLDG MAINTENAN 6246202 NORTH BAY BLDG MAINTENAN 6246202 OFFICE DEPOT INC. OFFICE DEPOT INC. OFFICE DEPOT INC. OFFICE DEPOT INC. OFFICE DEPOT INC. OFFICE DEPOT INC. PRO DOOR & GLASS REPUBLIC ITS INC REPUBLIC ITS INC 1115101 1118101 6223201 1113301 1115101 1113301 6246202 4119111-001 4119111-001 SAIED RAFATI 111 76 SAN FRANCISCO SYMPHONY 87 SAN JOSE WATER COMPANY 87 SAN JOSE WATER COMPANY 87 SAN JOSE WATER COMPANY 87 SAN JOSE WATER COMPANY 87 SAN JOSE WATER COMPANY 87 SAN JOSE WATER COMPANY 87 SAN JOSE WATER COMPANY 87 SAN JOSE WATER COMPANY 87 SAN JOSE WATER COMPANY 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE 1116101 1115301 2715302 2545302 2775302 2535302 2445302 2475302 2745302 1115301 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 41 DESCRIPTION WKLY SVC 02/19-02/25 WKLY SVC 2/26-2/29 WKLY SVC 03/01-03/10 WKLY SVC 03/11-03/17 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES RPR/BROKEN SPRING FRUITVALE/ALLENDALE REPAIRS/CALLOUTS REFUND - ARB10-0048 EXCURSION 5/16/12 PARKS/OPEN SPACE BEAUCHAMPS SUNLAND PARK VILLAGE COMMERCIAL SARALEGENDS CUNNINGHAM/GLASGOW KERWIN RANCH HORSESHOE DR. MEDIANS/PARKWAYS INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE SALES TAX AMOUNT 0.00 494.00 0.00 247.00 0.00 285.00 0.00 190.00 0.00 1,216.00 0.00 25.12 0.00 33.96 0.00 42.66 0.00 339.99 0.00 8.27 0.00 118.79 0.00 568.79 0.00 1,208.50 0.00 1,000.00 0.00 1,782.21 0.00 2,782.21 0.00 1,000.00 0.00 742.50 0.00 1,161.33 0.00 334.12 0.00 151.78 0.00 893.87 0.00 322.37 0.00 61.02 0.00 269.71 0.00 148.75 0.00 286.49 0.00 3,629.44 0.00 5.60 0.00 3.60 0.00 8.16 0.00 9.52 0.00 3.40 0.00 1.36 0.00 2.72 0.00 4.08 0.00 1.36 0.00 1.36 0.00 48.96 0.00 72.08 0.00 99.28 0.00 2.72 0.00 12.00 0.00 7.20 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 03/27/2012 CITY OF SARATOGA ACCTPA21 TIME: 15:02:54 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120327 00:00:00.000' ACCOUNTING PERIOD: 9/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT VENDOR BUDGET UNIT DESCRIPTION SALES TAX AMOUNT 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 5.44 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 3.36 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 3.60 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 4.08 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 14.96 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 5.44 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 2.72 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 4.08 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 2.40 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 2.40 11111 119860 03/27/12 729 SARATOGA SCHOOL OF DANCE 1116101 INSTRUCTOR - DANCE 0.00 4.00 TOTAL CHECK 0.00 335.88 11111 119861 03/27/12 505 SC FIRE DEPARTMENT 1116101 INSTRUCTOR - CPR 0.00 40.00 11111 119862 03/27/12 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE-VEH#113 0.00 70.09 11111 119863 03/27/12 500 SHEILA BRENNAN 111 REFUND - ARB07-0016 0.00 1,750.00 11111 119864 03/27/12 266 SUNGARD PUBLIC SECTOR IN 6223201 MTHLY MAINT 04/12 0.00 379.00 11111 119865 03/27/12 343 TMT ENTERPRISES INC 1115301 SAWDUST/PARKS 0.00 125.57 11111 119865 03/27/12 343 TMT ENTERPRISES INC 1115301 CANDLESTK MIX/PARKS 0.00 1,121.04 TOTAL CHECK 0.00 1,246.61 11111 119868 03/27/12 391 US BANK PURCHASING CARD 6235202 RICK-CCSA CONF/FUEL 0.00 60.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 6118499 PRINTER REPLACEMEMT 0.00 423.85 11111 119868 03/27/12 391 US BANK PURCHASING CARD 6118499 POWER SUPPLY REPLCEMT 0.00 51.96 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1113301 MONICA-LUNCHEON 0.00 52.27 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1113301 SHRM ASSOC RENEWAL 0.00 180.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1113301 MONICA-CERT LETTER 0.00 6.40 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1115301 SHAWN-PARKS/SUPPLIES 0.00 141.25 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1115301 SEMINAR-RICK/SIGFREDO 0.00 160.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1115301 SHAWN-TOOL/PARKS 0.00 50.72 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1115301 CLASS/EXAM FOR NICK 0.00 409.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1115201 RICK-CONF. LODGING 0.00 301.56 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1111201 PC STUDY SESSIONS 0.00 202.59 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1114201 ABBY -PUBLIC STORAGE 0.00 82.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1114101 ABBY -NOTARY DUES 0.00 78.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1114101 ABBY -DIGITAL CAMERA 0.00 86.59 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1111201 LEAGUE OF CA CONF. 0.00 825.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1114101 WESTERN CHAPTER CONF 0.00 200.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1111101 CRYSTAL-CNCL MTGS 0.00 204.63 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1112101 CRYSTAL -ADOBE DESIGN 0.00 1,249.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1115301 KEVIN -OFFICE SUPPLIES 0.00 11.21 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1114201 LORI -OFFICE SUPPLIES 0.00 16.90 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1114101 LORI -OFFICE SUPPLIES 0.00 16.90 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1116101 ADAM -MTHLY EMAILS 0.00 85.00 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1111201 ADAM -SUPPLIES 0.00 165.84 11111 119868 03/27/12 391 US BANK PURCHASING CARD 6246202 FACILITIES - SUPPLIES 0.00 338.40 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1115101 SHAHEEN-OFC SUPPLIES 0.00 59.96 11111 119868 03/27/12 391 US BANK PURCHASING CARD 1112101 DAVE -ROTARY 0.00 170.00 42 SUNGARD PUBLIC SECTOR DATE: 03/27/2012 TIME: 15:02:54 SELECTION CRITERIA: ACCOUNTING PERIOD: FUND PAGE NUMBER: 5 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND transact.ck_date='20120327 00:00:00.000' 9/12 - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 119868 CHECK 11111 119869 11111 11111 TOTAL 119870 119870 CHECK 11111 119871 11111 119872 11111 11111 TOTAL 119873 119873 CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT ISSUE DT 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 03/27/12 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 391 03/27/12 396 03/27/12 432 03/27/12 432 03/27/12 902 03/27/12 574 03/27/12 696 03/27/12 696 US US US US US US US US US US US US US US US US US US US US US US US US VENDOR BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING US POSTMASTERS CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD WEST VALLEY COLLECTIONS WEST VALLEY COLLECTIONS WEST VALLEY TRAILWAYS YAMAGAMI'S NURSERY ZAG TECHNICAL SERVICES, ZAG TECHNICAL SERVICES, BUDGET UNIT 6118499 1114101 6118499 1115201 1115301 1115301 6118499 1115201 6235202 1116101 1111101 1112101 1118101 1112201 6223201 6223201 1115301 6223201 6118401 1116101 1116101 1115201 6118499 1115201 1116101 1115301 1115301 1116101 1115301 6223201 6223201 DESCRIPTION DAMAGED SURGE ITEMS CHRIS -APA CONF 2012 REPLACE SHREDDER OFFICE SUPPLIES PARK -OFFICE SUPPLIES CREDIT - TONER SMART RADAR/SHIPPING CCSA CONF/LODGING VEHICLE SUPPLIES KIM -EXCURSION SRVCS DEBBIE-CNCL MTGS DEBBIE -POSTAGE SARATOGA DRAWING DEBBIE-CTY CLRK/BOOKS LEO -IT SUPPLIES LEO -ONLINE BACKUPS REPLACEMENT LAPTOP LEO -SSL CERTIFICATE PARMA CONF. EXPS TAYLOR -VIDEO CAMERA TAYLOR-PLUGNPAY RICK -OFFICE SUPPLIES COFFEE POT REPLCEMENT RICK-CCSA CONF. FEE PERMIT RENEWAL #136 BIN-C.SPRINGS 03/12 BIN-C.SPRINGS 02/12 EXCURSION 05/16/2012 SHRUBS/PARKS IT SUPPORT SERVICES IT SUPPORT SERVICES SALES TAX AMOUNT 0.00 94.68 0.00 645.00 0.00 216.49 0.00 17.57 0.00 10.48 0.00 -121.99 0.00 365.30 0.00 303.16 0.00 205.66 0.00 1,175.34 0.00 392.89 0.00 8.75 0.00 50.00 0.00 57.37 0.00 100.73 0.00 101.95 0.00 517.94 0.00 232.00 0.00 782.82 0.00 432.99 0.00 35.10 0.00 21.10 0.00 43.29 0.00 507.00 0.00 11,824.65 0.00 84.85 0.00 299.51 0.00 2,386.24 0.00 2,685.75 0.00 1,061.50 0.00 164.63 0.00 247.50 0.00 546.25 0.00 793.75 0.00 117,382.08 0.00 117,382.08 0.00 117,382.08 SARATOGA CITY COUNCIL MEETING DATE: April 4, 2012 AGENDA ITEM: DEPARTMENT: Finance and Administration CITY MANAGER: Dave Anderson PREPARED BY: Monica LaBossiere DIRECTOR: Mary Furey Human Resources Manager Finance Director SUBJECT: Final Contract Amendment between the Board of Administration California Public Employees' Retirement System and City of Saratoga — Miscellaneous Employees RECOMMENDED ACTION: 1. Waive the second reading and adopt the Ordinance authorizing the final contract amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (Ca1PERS) and the City Council of the City of Saratoga; and 2. Authorize the Mayor to sign the amendment to the Contract between the Board of Administration California Public Employees' Retirement System and City of Saratoga. BACKGROUND: On March 7, 2012 the City Council agreed to and the Mayor signed the first reading of the Ordinance authorizing an amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (Ca1PERS) and the City Council of the City of Saratoga. The waiving of the second reading and adoption of the ordinance authorizing an amendment of the Contract between the Board of Administration of the California Public Employees' Retirement System (Ca1PERS) and the City Council of the City of Saratoga will finalize the required PERS process of implementing the provisions of the second tier retirement formula of two percent at sixty (2%@60) (Government Code Section 20475) utilizing Three -Year Final Compensation (Government Code Section 20037) for local miscellaneous members hired after the effective date of amendment. The provisions of the agreement of the second tier retirement formula of two percent at sixty (2%@60) (Government Code Section 20475) utilizing Three -Year Final Compensation (Government Code Section 20037) for all new hires are included in the adopted MOU's, unrepresented employee resolution, and City Manager contract. Page 1 of 2 44 FISCAL IMPACTS: The annual employer savings equals the difference between the pool -specific rates times the second tier payroll. The annual dollar savings estimated by the Ca1PERS actuarial valuation is 2.327%. Although the expected savings from implementing this new tier will be minimal in the first several years, such savings will slowly increase over time. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City's contract with Ca1PERS will remain unchanged at the retirement formula of two percent at fifty-five (2%@55) (Government Code Section 21354) utilizing One -Year Final Compensation (Section 20042). ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): The City is required to return to Ca1PERS two original executed sets of the Amendment to Contract, the original or certified copy of the Ordinance Authorizing Amendment to Contract, and the original Certification of Final Action of Governing Body (CON -5). A copy of the contract will be returned to the City for its record after it has been executed by Ca1PERS. The effective date of the Amendment to the Contract cannot be earlier than the first day of a payroll period following the effective date of the Ordinance. Therefore, the effective date of the amendment to the contract is April 14, 2012, the first day of pay period number 9 in 2012. The employer contribution rate for local miscellaneous members affected by this contract amendment will be 8.438% of reportable earnings; however this is a variable rate and subject to change annually. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: A- Ordinance Authorizing Amendment to Contract B- Amendment to Contract C- March 7, 2012 Signed Resolution of Intention to Approve Contract Page 2 of 2 45 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE COUNCIL OF THE CITY OF SARATOGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Saratoga does ordain as follows: SECTION 1. That an amendment to the contract between the Council of the City of Saratoga and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as an "Exhibit", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for an on behalf of the City of Saratoga. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of 30 days from the passage thereof shall be published at least once in the Saratoga News, a newspaper of general circulation, published and circulated in the City of Saratoga and thenceforth and thereafter the same shall be in full force and effect. Adopted and approved this day of , 2012. ATTEST: Crystal Morrow, City Clerk Chuck Page, Mayor DATE: 46 California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Saratoga The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective June 1, 1961, and witnessed April 27, 1961, and as amended effective April 6, 1973, April 1, 1977, May 1, 1978, September 18, 1999, February 4, 2000 and October 4, 2003 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective October 4, 2003, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract and age 60 for local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 47 2. Public Agency shall participate in the Public Employees' Retirement System from and after June 1, 1961 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. 48 (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. EXCLUDE PERSONS HIRED ON OR AFTER APRIL 6, 1973 WHO ARE EMPLOYED ON A TEMPORARY AND/OR SEASONAL BASIS IF IT IS A CONDITION OF EMPLOYEMENT AT TIME OF HIRE THAT SAID EMPLOYMENT NOT EXCEED SIX MONTHS; AND b. SAFETY EMPLOYEES. 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members entering membership in the miscellaneous classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to March 31, 1978, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 8. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 49 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One -Year Final Compensation) for those local miscellaneous members entering membership on or prior to the effective date of this amendment to contract. b. Section 20965 (Credit for Unused Sick Leave). c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 21024 (Military Service Credit as Public Service). f. Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) and Section 20037 (Three -Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 1, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 50 c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the 14 day of April , 2012 • BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF SARATOGA BY KAREN DE FRANK, CHIEF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT CaIPERS ID #4261324287 PERS-CON-702A 51 BY PRESIDING OFFICER Witness Date Attest: Clerk Attachment A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF SARATOGA WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees` Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20475 (Different Level of Benefits). Section 21353 (2% @ 60 Full formula) and Section 20037 (Three -Year Final Compensation) are applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this referen m- se a part hereof. 3/1 I-2- Date ZDate adopted and approved (Amendment) CON -302 (Rev. 4/96) Presiding Officer rlax-i DV Title 52 t xxo�? MEETING DATE: April 4, 2012 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay SARATOGA CITY COUNCIL SUBJECT: Development Agreement for 22100 Mt. Eden Road RECOMMENDED ACTION: Staff recommends the Council waive the Second Reading and adopt the Development Agreement and direct staff to publish a comprehensive summary thereof in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. REPORT SUMMARY: On March 21, 2012, the City Council conducted a public hearing, accepted the Planning Commission's recommendation to adopt the Mitigated Negative Declaration and approve the Development Agreement, Design Review, and Conditional Use Permit subject to conditions of approval; and (2) introduced the Ordinance adopting the Development Agreement and directed staff to place the ordinance on the consent calendar at the next regular City Council meeting. The Ordinance adopting the Development Agreement is attached. ALTERNATIVE ACTION: Provide staff with alternative direction. FOLLOW UP ACTION: A comprehensive summary of the ordinance adopting the Development Agreement shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Development Agreement Ordinance 2. Development Agreement with Attachments Page 1 of 1 53 ORDINANCE NO. AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR 22100 MT. EDEN ROAD (APN 503-09-005) THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: a. The City of Saratoga has received applications from the Couch 2010 Revocable Trust ("Owner") for Design Review approval PDR11-0010 and Conditional Use Permit approval CUP11-0007 subject to conditions of approval for a new two-story home and equestrian uses, including a request for a variation from standards for excess lot coverage and floor area on the Property associated with the horse walker area, horse corral/riding arena, and future buildings, hardscape, and landscape at 22100 Mt. Eden Road (APN 503-09-005). The foregoing actions are described as the "Project." b. The Project property was previously developed with a single family dwelling, detached garage, swimming pool, stable/barn, horse corral/riding arena, and horse walker area and the owners have demolished the existing single family dwelling, swimming pool, and stable/barn and will retain the existing detached garage, horse corral/riding arena, and horse walker area; c. Owner submitted an application for a subdivision of the Property into two lots with a remainder parcel, but has agreed in exchange for a Development Agreement not to subdivide the Property, and such agreement not to subdivide the property provides a substantial benefit to the City of Saratoga and its citizens; d. Owner has agreed to provide further benefit to the City of Saratoga by including a Conservation Easement over approximately 4 acres of the steepest portion of the lot and to dedicate trail easements for equestrian and pedestrian use; e. Development of the Property in accordance with the terms of this Agreement will result in rational comprehensive planning and foster predictability, certainty, economy and efficiency in future land use planning; f. The attached development agreement development agreement specifies the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes; g. The provisions of the development agreement are consistent with the General Plan in that, for the reasons specified in the staff report, the project is consistent with Saratoga 1 54 General Plan Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Open Space Element Policy 11.a which provides that the City shall ensure that projects are designed in a manner that minimizes disruption to important wildlife, riparian and plant habitats; and Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; and h. This development agreement was considered by the Planning Commission at a duly noticed public hearing on February 8, 2012 and by the City Council at a duly noticed public hearing on March 21, 2012. Section 2. Adoption. a. The City Council hereby adopts the development agreement attached hereto as Exhibit 1. b. In accordance with Government Code section 65865.1 the parties to the development agreement shall review the Applicant's compliance with the development agreement at least every 12 months, at which time the Applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the City Council finds and determines, on the basis of substantial evidence, that the Applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the City Council may terminate or modify the agreement. c. The structures and uses authorized by the "RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING DESIGN REVIEW PDR11-0010, AND CONDITIONAL USE PERMIT CUP 11-0007 LOCATED AT 22100 MOUNT EDEN ROAD" adopted March 21, 2012, shall for the term of the development agreement be subject only to the rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, in force at the effective date of this ordinance. In subsequent actions applicable to other structures or uses of the property the City may apply new rules, regulations, and policies and may deny or conditionally approve any subsequent development project application on the basis of such existing or new rules, regulations, and policies. d. In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. 2 55 Section 3. 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 4. Publication. This ordinance, or a summary, shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [The Remainder of This Page is Intentionally Blank] 3 56 The foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 21st day of March, 2012, and was adopted by the following vote following a second reading on the 4th of April, 2012: AYES: NOES: ABSENT: ATTEST: Crystal Morrow CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY Chuck Page MAYOR, CITY OF SARATOGA, CALIFORNIA 4 57 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Recording Requested By: CITY OF SARATOGA After Recordation Return To: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 DEVELOPMENT AGREEMENT FOR RECORDATION WITH THE RECORDER'S OFFICE OF THE COUNTY OF SANTA CLARA JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 1 of 9 58 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (Agreement) is made and entered into the date last signed below, by and between the CITY OF SARATOGA (City), a municipal corporation of the State of California, and the Couch 2010 Revocable Trust (Owner). The Agreement is made operative and effective as of the date last signed below ("Effective Date"). The Owner and the City are collectively referred to herein as the Parties. RECITALS A. WHEREAS, Owner is the owner of a certain real property (approximately 19.25 gross acres) located in the City of Saratoga within the County of Santa Clara ("Property") described in Exhibit A (Development Plans) and Exhibit A-1 (Development Proposal) and more particularly delineated in Exhibit A-2 (Legal Description), attached hereto and incorporated herein by this reference, as to which property Owner has applied to the City to obtain development approval; B. WHEREAS, Government Code Sections 65864 through 65869.5 authorize the City to enter into development agreements in connection with the permitted uses, and the density, and intensity of such uses, of real property within its jurisdiction; C. WHEREAS, "[T]he statement of legislative purpose in Section 65864 encourages the creation of rights and obligations early in a project to promote public and private participation during planning " Santa Margarita Area Residents v. San Luis Obispo County (2000) 84 Cal.App.4th 221, 228; D. WHEREAS, Government Code Section 65864 (c) has been held to support the concept that "the scope of development agreements need not be limited to freezing land use rules... but can include other promises between the municipality and the developer." Mammoth Lakes Land Acquisition v Town of Mammoth Lakes (2011) 191 Cal.App.4th 435, 444; E. WHEREAS, the Property was previously developed with a single family dwelling, detached garage, swimming pool, stable/barn, horse corral/riding arena, and horse walker area; F. WHEREAS, Owner has demolished the existing single family dwelling, swimming pool, and stable/barn; G. WHEREAS, Owner will retain the existing detached garage, horse corral/riding arena, and horse walker area; H. WHEREAS, Owner submitted an application for a subdivision of the Property into two lots with a remainder parcel, but has agreed in exchange for this Agreement not to subdivide the Property, and such agreement not to subdivide the property provides a substantial benefit to the City of Saratoga and its citizens; JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 2 of 9 59 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT I. WHEREAS, Owner submitted a Design Review application for approval to construct a new single family dwelling, attached garage, basement, secondary dwelling unit, and swimming pool, located on the Property; J. WHEREAS, Owner has also submitted a Conditional Use Permit application and request for a Variation from Standards for excess lot coverage and floor area on the Property associated with the horse walker area, horse corral/riding arena, and future buildings, hardscape, and landscape; K. WHEREAS, Owner will be required to obtain Design Review approval for the future buildings, hardscape, and landscape; L. WHEREAS, the driveway which provided access to both the main dwelling and equestrian uses will not count towards lot coverage; M. WHEREAS, the Property will be developed as delineated in the Development Plans (Exhibit A) and Development Proposal (Exhibit A-1); N. WHEREAS, Owner has agreed to include a Conservation Easement over 4.14 (gross) acres of the steepest portion of the lot (Exhibit B); O. WHEREAS, Owner has agreed to dedicate pedestrian and equestrian trail easements to the City of Saratoga as depicted on the Trails Master Plan included in the Open Space Conservation Element of the City of Saratoga General Plan and the Trail Easements Agreement prepared by the City Engineer (Exhibit C); P. WHEREAS, approval of the Development Proposal was materially based on the Conservation Easement and Agreement not to subdivide the property such that the development potential for development on the easement area and/or subdivided parcel was extinguished; Q. WHEREAS, development of the Property in accordance with the terms of this Agreement will result in rational comprehensive planning and foster predictability, certainty, economy and efficiency in future land use planning; R. WHEREAS, the purpose of this Agreement is to set forth the City's and Owner's respective responsibilities and understandings in pursuing and achieving the Development Proposal; hence, the Parties intend and agree that the Property be subject to the following specified agreements and conditions; and, S. WHEREAS, this Agreement is in conformity with the public convenience, general welfare and good land use policies. JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 3 of 9 60 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows: 1. Subdivision. Upon approval of the development proposal, Owner agrees that the entire 19.34 acre Property will consist of one legal parcel, and that no additional, separate legal parcels may be recognized by a certificate of compliance pursuant to California Government Code Section 66499.35 based on previous patent or deed conveyances, subdivisions or surveys. Owner will not apply for or otherwise seek recognition of additional legal parcels within the Property based on certificates of compliance or any other authority other than provided for herein. The term subdivision shall include, but not be limited to, the creation of a life or future estate in a portion of the Property, the conveyance of a portion of the Property for any purpose (including acquisition of all or any portion thereof by a public entity, other than property interests already owned or required to be dedicated by the City), or any subdivision as defined by the Subdivision Map Act, California Government Code Section 66000 et seq. Any land transferred by lot line adjustment shall remain subject to the terms of this Agreement, and shall not carry with it any rights to development density. Any subdivision, lot line adjustment or other division of the Property, other than provided for herein, are strictly prohibited by this Agreement. Owner understands that by agreeing to the terms of this Agreement, the City of Saratoga may deny approval of any subdivision or lot line adjustment, including a tentative map or a parcel map for which a tentative map was not required. 2. Application and Approval for Development Proposal. The Owner has formally submitted to the City Development Plans (Exhibit A) and a Development Proposal (Exhibit A-1) and is incorporated herein by this reference, which included the following essential elements: a. Conditional Use Permit and Variation from Standards. Owner shall obtain City approval for a Conditional Use Permit and a Variation of Standards as to lot coverage and floor area for the equestrian uses as they relate to the entire Development Proposal to be located on the Property; b. Design Review/Building Permit: Owner shall be required to obtain a Design Review Approval for the development proposal and a Building Permit(s) as required by the City Code for implementation of the project once approved; c. Deed Restriction Recordation. Owner shall record this Agreement in the Official Records of the County of Santa Clara, California and Owner shall provide an endorsed copy of this instrument to the City of Saratoga prior to issuance of building permits for the project referenced in RECITAL A above. The City may re-record this Agreement whenever re- recording is determined by the City as necessary or convenient to preserve City's rights in this Agreement. The terms and conditions of the agreement shall run with the land which is to be developed and shall be binding upon the successor in interest of the applicant. JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 4 of 9 61 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT d. Owner shall record the Conservation Easement that Owner has offered to dedicate in the Official Records of the County of Santa Clara, California and Owner shall provide an endorsed copy of that instrument to the City of Saratoga prior to issuance of zoning clearance for any building permit for the project referenced in RECITAL A above. e. Owner shall record the offer of dedication of the trail easements referenced in the conditions of approval in the Official Records of the County of Santa Clara, California and Owner shall provide an endorsed copy of that instrument to the City of Saratoga prior to issuance of zoning clearance for any building permit for the project referenced in RECITAL A above. The permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes are specified in Exhibit A-1. 3. Process. The City staff and Planning Commission reviewed the Development Proposal submitted under Paragraph 2 above at its regular meeting on February 8, 2012, and made recommendations to the City Council which approved the Agreement (including but not limited to the Development Proposal) at its regular meeting on March 21, 2012. 4. Term. This Agreement shall be dated, the rights, duties and obligations of the Parties hereunder shall be effective, and the Term shall commence, as of the Effective Date. This Agreement shall remain effective until such time as the Parties agree the Development Proposal does not require any variation from standards to comply with the City Code in effect at the time of execution of this Agreement. 5. Legal Action. Any party may, in addition to any other rights or remedies herein provided, institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific performance the obligations and rights of the Parties hereto or obtain any other remedy consistent with this Agreement. In no event shall any party be entitled hereunder to monetary damages for any action or inaction of another party hereunder, including breach of contract. Nothing in this Section shall be deemed to limit any party's rights under the Tort Claims Act or the City's right to collect fees allowable and otherwise due and payable or to impose penalties for violations of City Plans, Ordinances or Regulations. 6. Attorneys Fees and Costs. If legal action by any party is brought because of a breach of this Agreement, or to enforce a provision of this Agreement, each party shall bear their own attorneys fees and costs. 7. Controlling Law. This Agreement shall be construed and enforced in accord with the laws of the State of California. 8. No Joint Venture or Partnership. The Parties hereby renounce the existence of any form of joint venture or partnership between any or all of the Parties and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making any or all of the Parties joint venturers or partners. Further, the Owner is not an agent of the City. JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 5 of 9 62 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT 9. Agreement By Owner to Indemnify, Hold Harmless and Defend City as to Action(s) Challenging Approval of this Agreement and All City Actions Processed Prior To Or Concurrently With The Agreement and as to Damage From Performance of Work Authorized by Any Of Such Actions. Other than legal proceedings caused by acts or omissions of the City that constitute an Event of Default by the City under this Agreement, Owner (or Owner's successor(s) performing work described in Subsection b. below) hereby agrees to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers (collectively "City") harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action by City concerning this Agreement, or any of the proceedings, acts or determinations taken, done or made prior to or concurrently with this Agreement; b. any losses arising out of or in connection with, or caused on account of, (i) any City Approval with respect to Owners' Property, and (ii) any litigation or other proceeding challenging or involving any City approval (any permit or other approval required by the City), or CEQA compliance, or conformance with, or implementation of any of the foregoing; and c. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of the construction, installation, alteration or grading work by the Owner, or by Owner's successor(s), or by any person acting on their behalf, authorized by any City action described in subparagraph 9.a. above. Owner's obligations under subparagraph 9 above shall prevail over any other provision in this Agreement. 10. Cooperation in the Event of Legal Challenge. In the event of any administrative, legal or equitable action or other proceeding instituted by a third party, governmental agency or official challenging the validity of any provision of this Agreement or the proceedings described herein, the Parties shall cooperate in defending the action or proceeding. 11. Notices. All notices or communications required hereunder between the Parties shall be in writing and may be given either personally, by overnight carrier, or by first class mail, addressed to the party intended to be notified. The notice shall be deemed to have been given and received on the date delivered in person, or the date of delivery receipt from the overnight carrier, or five days after deposit with the United States Post Office. 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. Notices or communications shall be given to the Parties at the addresses set forth below until duly changed as set forth above. City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 John and Tara Couch/Owner 15001 Montalvo Road Saratoga, CA 95070 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 6 of 9 63 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Copy to: Richard S. Taylor City Attorney, City of Saratoga Shute Mihaly & Weinberger LLP 396 Hayes Street San Francisco, CA 94102 12. Miscellaneous. a. Successor and Assigns. The covenants, terms, conditions and restrictions of this Agreement shall apply to, bind and inure to the benefit of successors in interest of the Parties hereto, including heirs, assigns, representatives, executors, administrators and all other parties, whether they succeed by operation of law or voluntary acts of the City or Owner. All such successors in interest shall be bound to every provision in this Agreement, whether or not this Agreement is referred to in the instrument by which such successors in interest acquire an interest in Owner's Properties or any thereof. b. Construction of Agreement... All of the provisions of this Agreement have been negotiated at arms -length between the parties and after advice by counsel and/or other representatives chosen by each party, and the parties are fully informed with respect thereto. Therefore, this Agreement shall not be construed for or against either party by reason of the authorship or alleged authorship of any provisions hereof, or by reason of the status of either party. c. Amendment of Agreement. This Agreement may be amended, but only in writing by mutual agreement of the original Parties or their successors in interest. d. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect, unless the provision held invalid forms a material consideration of this Agreement. e. Change in Law. If a subsequent change occurs in federal or state laws or regulations which precludes compliance with a provision of this Agreement, that provision shall be modified or suspended only to the extent necessary to comply with the federal or state law or regulation. f. Enforceability. Unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto notwithstanding any change hereinafter enacted or adopted in any applicable General Plan or Specific Plan, zoning ordinance, subdivision ordinance or any other land use or building ordinance. JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 7 of 9 64 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT g. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of an event of default shall be effective or binding upon such party unless made in writing by such party and no such waiver shall be implied from any omission by a party to take any action with respect to such event of default. h. Entire Agreement. This Agreement, and the conditions referred to herein, and the exhibits attached hereto, constitute the entire understanding and agreement of the parties and supersedes all negotiation(s) or previous agreement(s) of the parties with respect to all or part of the subject matter hereof. No alteration or variation of this instrument shall be valid or binding unless contained in a duly executed written amendment to this Agreement. i. Captions. The captions in this Agreement have been inserted solely for convenience or reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective representatives as follows: Approved as to Form: Richard Taylor, City Attorney ATTEST: Crystal Morrow, City Clerk CITY OF SARATOGA, CALIFORNIA a Municipal Corporation By: Dave Anderson, City Manager By: John Couch, Couch 2010 Revocable Trust By: Tara Couch, Couch 2010 Revocable Trust JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 8 of 9 65 JOHN AND TARA COUCH DEVELOPMENT AGREEMENT ACKNOWLEDGMENT State of California County of } ss. On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT State of California County of } ss. On , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JOHN AND TARA COUCH DEVELOPMENT AGREEMENT Page 9 of 9 66 NEW RESIDENCE AND GUEST COTTAGE FOR JOHN AND TARA COUCH 22100 MOUNT EDEN ROAD o SARATOGA 0 CALIFORNIA 500E COVERAGE EXISTING DETO BE MOLLSHEO NEW TOTAL a, MAIN FLOOR 5.329 2 5.329 _ 4.847.1 4,847.1 SECOND FLOOR 400 400 1,0209 ENCLOSED PORCH 0 0 48 48 ATTACHED GARAGE 0 0 -776-8 770.0 2 TOTAL FLOOR AREA 5,329 9 5,329 9 6,071.9 6,071.9 8587 178000 0 0 2,056.5 2,050.5 DETACHED GARAGE I 6209 0 0 1,6202 COTTAGE O 0 875.8 075.8 STABLE 28352 2,8359 0 O tOfN8C0RA E Ntb'CM LWN I5ipMRDS MAR .78•94 8,164 0,947.7 8,567.7 FlR5T FLOOR 5,901 3.374 TOTAL a SECOND FLOOR 11,045 1,4za II TOTAL 4.802 1- FEED SHED E 600 TOTAL 5,402 500E COVERAGE 00511010 CETO BE MOLLSHED NEW TOTAL 4 MAIN HOUSE 3,3409 3,3402 0,313 0,313 DETACHED GARAGE 1,020± o O. 1,0209 0 N COTTAGE O 0 1,211 1,211 O 51055E 2.8359 2,835± 0 0 AG i DRIVEWAY 33,7809 25,9509 9,300 17,130 WALKS, PATIOS, FOGS, DE0005 0,1 15± 0,1 159 4,100 0.100 TOTAL 47,6909 38,2409 20,924 30.374 FUTURE STABLE 0 50 OVER 200 3,374 FEED SHED GOO w i PATIO/OUTDOOR KITCHEN 1,770 U ROADWAY 5,901 TOTAL 11,045 SETBACKS REQUIRED PROPOSED N FRONT 30 328-11'± 0 LEFT SIDE 20/25' 201'-7'9 70.81 RIGHT 510E 20/25' 207-3'2 s REAR 50/60 OVER 200 SETBACK TABLE DETACHED GARAGE COTTAGE FRONT 30 397-7'9 LEFT SIDE 20 443 '43•9 RIGHT SIDE 20 432'-3'9 REAR 50 OVER 200 FRONT 30 4800-2'9(55] LEFT SIDE 20 97-10'±(E) RIGHT SIDE 20 475'-1 1'±(E) REAR 50 OVER 200 SETBACK VERIFICATION NOTE: PRIOR TO FOUNDATION INSPECTION BY THE CRY, THE LLS OF RECORD SHALL PROVIDE A WRITTEN CERTIFICATION THAT ALL BUILDING SET13ACK5 ARE PER THE APPROVED PLANS. MAIN HOUSE HEIGHT INFORMATION TABLE HBGHT LOWEST ELEVATION POINT(ATeuew20 mx rRA±000 /00 098.1' HIGHEST ELEVATION POINT (Ar woo.,®GeE ,98880 X99 703.5' AVERAGE ELEVATION. COUCH 70.81 TOP MOST ELEVATION FONT (FRAM.{, To 11.1.T PT ar Roan 723.1' COTTAGE HEIGHT INFORMATION TABLE 000417 LOWEST ELEVATION POINT ( AT 000105208., o 6132 .0 HIGHEST ELEVATION POINT (8001)0.9105 MCA M80 05 &WM 095.25' AVERAGE ELEVATION COUCH 089.0 TOP MOST ELEVATION POINT RR AV9l00 PT TO mcn®r er 00,050 700.0 / -`' Y //� // 684.2 \ , • \j REMOVE (E) . 1 POOLE PATIO y40 0 684.3 O. #X) #190o#18NO GRADING OR #21 • - EXCAVATION IN 0#17 TREE CLEARANCE #16,., I IT=',/ • 0/ #22 0 • 0 HOM5T NATURAL' GRADE A 098. 0 G G�-tr Mp 0 X13 12 CONSTRUCTION FENCING ' - DEMOLITION FENCING / X 690.0 / DEMOLISH (E) Si ABLE / / WNRAL GRAD AT � ETER,6021Y ` 7 X 690.5 • \ 64.1 • #2 c TREE PROIECION FENCING tR /7 i/ V513 // Rtig9 0 z%G� ' jN 0 e / PJECT DATA PROOECT DESCRIPTION: DEMOLISH EXISTING RESIDENCE AND STABLE AND CONSTRUCT NEW 2 -STORY RESIDENCE W/ BASEMENT AND NEW GUEST COTTAGE. REMOVE 8 PROTECTED TREES. PROJECT ADDRESS: 22100 MOUNT EDEN ROAD APNI 503-09-005 PROJECT OWNERS: JOHN AND TARA COUCH EXISYING USE: SINGLE FAMILY HOUSE ZONING DISTRICT: HR GROSS LOT SIZE: 19.25 ACRES (838,581.5 5F) NET LOT SIZE: 18.79 ACRES (818,492 5F) AVERAGE LOT SLOPE: 33% LOT l7 LOPE REDUCTION = 60% (.4) 818,492 = 327,397 5Q. FT. (ROUND UP TO 328,000 5Q. FT.) FOR FAR CALCULATION ALLOWABLE FLOOR AREA: 81000+0. I (8000)= 8,800 50. FT. YEAR OF EXISTING STRUCTURES SUBSTANTIALLY REBUILT: MAIN HOUSE, DET GARAGE E STABLE 1993 FLOOR AREA (SEE TABLE) MAIN HOUSE 6,071.9 COTTAGE 875.8 DETACHED GARAGE 1,620 TOTAL 8,567.7 VICINITY MAP 6 rraocuesi PROJECT LOCATION tea ea„ .c 9aratog. TREE PROTECTION AND GRADING AND F DRAINAGE NOTES 71 / / \ \ / \\ A 694.2 ENLARGED SITE PLAN 1/20" = 1 '-0" DRAWN ON SURVEY BY MARK THOMAS 4 COMPANY 67 0 5 10 20 30 40 - ALS RECOMMENDATIONS OF ARSORISTS REPORT SHALL BE IMF MENTED BEFORE AND THROUGHOUT CONSTRUCTION (REPORT INCLUDED AT REAR OF PLAN SET) - REFER TO GRADING AND DRAINAGE PLANS BY MARK THOMAS E A3j0C. FOR ALL GRADING WORK, QUANTITIES, DRAINAGE, UTILITIES, ETC. ++1410+- INDICATES G' HIGH CHAIN LINK TREE PROTECTION FENCING MOUNTED ON 8' TALL, 17/8'0 GALVANIZED POSTS, DRIVEN 24' INTO THE GROUND AND SPACED NO MORE THAN 10' APART DRAWINGS PREPARED BY CHRIS SPAULDING «ARCHITECT. 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (510) 527-5997 FAX (510) 527-5999 REVISIONS BY 8-10-I I 10-5-1 I I 1-15-1 I 12-20-1 I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE 22100 MOUNT EDEN ROAD O U 0 DATE: 5- 19- I 1 SCALE: A5 NOTED DRAWN: EI/DB JOB: COUCH SHEET Al OF 11 SHEETS • \. __ \ 9 N \\- \ \\ \ • ' J6655' o I I i/+. I I 1 / / 6a' I1\i /PIPE \ 686.2 X 5896,3 S. 6863 1 1 I /• 6E6.3 X 686 4 686.6 X OPEN RIDING ARtFIA • .4- 3R 3 Y \ \ 605.3 _ \\^ `‘\ \ \\ \', '... 1- -\<\A \ -v PeclPasED � e\ \ PEDESTRIAN) \ \',,,\ \ j) EQDEST \13 -EASEMENT �.. \ \ T O \\"\ \ <• \ % • \ \ \ ..T ti v T V6CAL.6 07EF••, •••••,,,,�i -TQDEDI 15 ,``' 'PED€STgIAt;1\Dx• '. EQUESTRIAU, \` Il As EP5E,NAgN i •• \ \ \ ✓ o NI I • 69110 54 DRAWINGS PREPARED BY CHRIS SPAULDING 801 CAMELIA STREET SUITE E REVISIONS BY 12-20-1 I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET • UTURE PATIO, \ 5e9. • 7 7-1 FUTURE \ SAE • FUTURE STABLE SITE MAX. HEIGH-, ENLARGED ARE:AZ; THE COUCH • EXIBTI NO. 2 SX I EB, K.427 , 824 MADE TO FIT' EXISTING, \ ROAD PROF?OSED 2S.• PEDSTRIAN AND • • OF SVOBODA PARCEL PLAN MEICOA 68 22100 MOUNT EDEN ROAD SCALE A5 NOTE0 OFtAWN: 5905 -,-) A2 OF 1 1 SHEETS MEDIA ROOM 5AR' 5AT'H 5 AU PAIR ROOM EQUIPMENT/STORAGE WINE EXERCISE ROOM 12' 0' LIGHTWELL BASEMENT PLAN I/4"= I'-0" 0 5 69 O DRAWINGS PREPARED BY CHRIS SPAULDING ,ARCHITECT, 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 15101 527-5997 FAX (510) 527-5999 REVISIONS BY 0-10-I 1 I 0-5- 1 I I1 -15-1I PRELL\1MARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE 22100 MOUNT EDEN ROAD SARATOGA ❑ CALIFORNIA DATE: 5- 19-1 1 SCALE AS NOTED DRAWN: E1/05 JOB: COUCH SKEET A3 OF SHEETS 20,0' 5 5' CSMT 22,G. 22'-0' HER CLOSET L MUDROOM 2C.`.'--3-r;`:%0-262,C5MT MASTER BEDR1DOM DIRECT -VENT 605 FIREPLACE r 1 I His CLOSE I L J I 1 HALL I II I I L____J LINEN COATS I I I 1 I 1 I I I L_J ourdeoR COVERED PORCH DIREQT-VENT GAS I7 REPLACE 9- L CLO. GUEST SUITE I 5 HALL WOOD -BURNING FIREPLACE 1438. 14' LIVING LOOM 15.-4. 1 5'-4. 18'45' L T FOYER PORCH 9 2' a= I2 6- 8- 6' I' wv0.1 5' 5' SUMR 5� 1' xis i DINING ROOM L J BAR __L_ I- I 1 I I 1 DIRECT-VBNT GAS FIREPLACE FAMIIIY ROOM 1 KITHEN 4' 05MT L! I lJ •id •iJ 22•-0' L_ N COVERED 5 PORCH 10'8' BREAKFAST SUNROOM - I I' 8' FXD C5MT 2'-6' 146'-6' 145-6" TO FND OF BUILDING FI R5T FLOOR PLAN I /4"= I '-O)' 70 O 5 DRAWINGS PREPARED BY CHRIS SPAULDING ❑ARCH1TECT❑ 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (510) 527-5997 FAX 1510) 527-5999 REVISIONS BY 6-10-I I I 0-5- I I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE 22100 MOUNT EDEN ROAD SARATOGA ❑ CALIFORNIA DATE: 5-10-11 SCALE' A5 NOTED DRAWN. EU78 10B. COUCH SHEET A4 0I- SHEETS 6'b• 5' 3. 13,0. 5' C5M7 GUEST SUITE 2 3' 8' CLO. 2- 8 3 -CAR GARAGE 34.S FIRST FLOOR GARAGE PLAN/SECOND FLOOR OFFICE PLAN 20'd• 7" 3" CSMT ( n n 8 5- 8- V BALCONY f I /411= I '-O" 0 71 5 10 DRAWINGS PREPARED BY CHRIS SPAULDING ❑ARCHITECT❑ 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (510) 527-5997 FAX (510) 527-5999 REVISIONS BY 8-18-11 10-5-1 1 11-15-11 PRELIMINARY SEC DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE 22100 MOUNT EDEN ROAD SARATOGA 0 CALIFORNIA DATE: 5-19-11 SCALE: A5 NOTED DRAWN: EUDB IOB: COUCH SHEET A5 OF 11 SHEETS • 098.0. LC NATURAL GRACE_ . AT PERIMETER - - - 'W__OOD PO5_75 WOOD -CLAD DUALPANE - WiNDOWS, TYPICAL DARK BEIGE TRIM, TYPICAL STUCCO 906E IRO 0357 0.5 _ 0 720.08' ± TOP MOST ELEVATION POINTi WROUGHT-IRON RAIUNG RL CAMINO BLEND' CLAY TILE ROOFING TYPICAL HEIGHT TO AVERAGE GRADE 203'-3' N -.TO R WOOD CARRIAGE -57S± (STAINED) COORS FRONT (SOUTHWEST) ELEVATION CAST STONE PORTAL EXISTING 915159 GRADE. GRADE. TYPICAL TYPICAL DARK EDGE ADHERED J AVERAGE NATURAL REAL STONE VENEER GRADE 3/1 G"= I '-011 700.75' AVERAGE NATURAL ,I, GRADE IME J 703.5.0' HIGHEST NATURAL GRADE AT PERIMETER Ji REAR (NORTHEAST) ELEVATION -493 TO R 3/1 G11= I '-0" L 72 10 DRAWINGS PREPARED BY CHRIS SPAULDING ❑ARCHITECT❑ 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (510) 527-5997 FAX (510) 527-5999 REVISIONS BY 8-1G-1 I 10-5-1 I 11-15-1I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE T EDEN ROAD 0 N N SARATOGA ❑ CALIFORNIA DATE: 5 -19 -II SCALE: A5 NOTED DRAWN: EUDB 209: COUCH SHEET A6 07 SHEETS 0.f 1. C. C. ).C. )R 720.08' = TCP MOST ELEVATION POINT 2 173'-G' _C 9 700.75' AVERAGE NATURAL GRADE AVERAGE IJATURPLJ GRADE RIGHT -SIDE (SOUTHEAST) ELEVATION 3/ I G"= I '-0" 241'-G' 70 oto I ST FLOOR I/1G"=I'-0" 0 5 10 15 20 25 00 LEFT -SIDE (NORTHWEST) ELEVATION 10 3/ I G"= I '-0" 2ND FLR I/I G" - I'-0" FLOOR AREA CALCULATION 1ST FLOOR A 700 B 345.6 C 11 D 9 E 1.377.5 F 633.3 G 552 N 616 1 182 30.7 K 36 L 36 M 98 N 352 SUBTOTAL 4.979.1 GARAGE 0 ENCLOSED PORCH 703.5 48 TOTAL IST FLOOR 5.820.6 2ND FLOOR O 400] 73 10 5 DRAWINGS PREPARED BY CHRIS SPAULDING .ARCHITECT. 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (5101527-5997 FAX (5101 527-5999 REVISIONS BY 8-12-1I 10-5-11 I1 -15-1I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRICTION SET THE COUCH RESIDENCE T EDEN ROAD 0 N N SARATOGA o CALIFORNIA DATE: 5 -19 -II SCALE: A5 NOTED DRAWN: EL/DB JOB: COUCH SHEET A7 OF 1I SHEETS I AVERAGE IJATURPLJ GRADE RIGHT -SIDE (SOUTHEAST) ELEVATION 3/ I G"= I '-0" 241'-G' 70 oto I ST FLOOR I/1G"=I'-0" 0 5 10 15 20 25 00 LEFT -SIDE (NORTHWEST) ELEVATION 10 3/ I G"= I '-0" 2ND FLR I/I G" - I'-0" FLOOR AREA CALCULATION 1ST FLOOR A 700 B 345.6 C 11 D 9 E 1.377.5 F 633.3 G 552 N 616 1 182 30.7 K 36 L 36 M 98 N 352 SUBTOTAL 4.979.1 GARAGE 0 ENCLOSED PORCH 703.5 48 TOTAL IST FLOOR 5.820.6 2ND FLOOR O 400] 73 10 5 DRAWINGS PREPARED BY CHRIS SPAULDING .ARCHITECT. 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (5101527-5997 FAX (5101 527-5999 REVISIONS BY 8-12-1I 10-5-11 I1 -15-1I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRICTION SET THE COUCH RESIDENCE T EDEN ROAD 0 N N SARATOGA o CALIFORNIA DATE: 5 -19 -II SCALE: A5 NOTED DRAWN: EL/DB JOB: COUCH SHEET A7 OF 1I SHEETS TOP MO51 ELEVATION POINT ADHERED REAL STONE—. VENEER 589.9 AVERAGE GRADE NATURAL GRADE VENTED AMC BATH 15T FIR 592.0' HALL -4- GREAT ROOM 1 COVERED PORCH SECTION C -C AVERAGE NATURAL GRADE 1 0115T1NG GRADE I/411= I'-01' 0 15 COTTAGE I ST FLOOR I /8"= I '-0" 74 PATIO 14'-1O' 19'4' BEDROOM BATH 01> O CLO l CLO J -L GREAT ROOM HALL I I I 1 -- KITCHEN ENTRY DIRECT -VENT IGA5 FIREPLACE l 11—V I CLOSET 13-2' z, 0-0• COVERED PORCH 12'-0' COTTAGE FIRST FLOOR PLAN I /411= I '-0" 1- L H COTTAGE ROOF PLAN I /8"= I '-011 0 5 10 15 FLOOR AREA CALCULATION I ST FLOOR X 828 Y 40 Z 7.8 SUBTOTAL 875.8 DRAWINGS PREPARED BY CHRIS SPAULDING .A RC H1TECTs 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (5101 527-5997 FAX 1510) 527-5999 REVISIONS BY 8 -1G -1I 1 0-5-1 1 11-15-11 PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE 22100 MOUNT EDEN ROAD SARATOGA ❑ CALIFORNIA DATE: 5-19-1I SCALE 0.5 NOTED DRAWN: EUDB JOB: COUCH SHEET A8 OF 11 SHEETS 700.0' 5_ TOP MO5T ELEVATION POINT BROWN-STAIIJED WOOD TRIM, RAFTER TAIL 6 FASCIA BOARD TYPICAL 1 WOOD -CLAD DUAL PANE WINDOWS, TYPICAL 125'-T' TO R� r --T- I I I LFINISH GRADE, TYPICAL 1 COSTING GRADE, TYPICAL j 1 1 --.5 10,0' TO R RIGHT -SIDE (SOUTHEAST) ELEVATION I/4"= I'-0" I—L�1-11 I 0 10 LEFT -SIDE (NORTHWEST) ELEVATION I /411= I 1-011 1G-2. MAX. FIEIGHT TO AVERAGE GRADE 432-3' 30 689.95' AVERAGE NATURAL GRADE AVERAGE NATURAL— GRADE. TYPICAL FRONT (SOUTHWEST) ELEVATION 'LIMESTONE BLEND' ADHERED REAL STONE VENEER 'EARTH -TONE BLEND' CLAY nix ROOFING TO MATCH MAIN HOUSE DROWN -STAINED WOOD SHUTTERS TO MATCH MAIN HOUSE 12 TYPICAL • >3 04 02 03 9 01 X6147-0' TO R I /4"= I '-0" 0 5 STUCCO BEIGE TO MATCH MAIN HOUSE COPPER GUTTER 0 DOWNSPOUT TO MATCH (111101;50 WROUGHT -IRON RAIUNG 653.8' LOWEST NATURAL GRADE PERIMETER I47'-0' TO R-- 613 L L' L REAR (NORTHEAST) ELEVATION ' 432-3' TO R 696.1' HIGHEST NATURAL GRADE AT PERIMETER I /4"= 11-0" 0 10 0 5 10 75 T `I DRAWINGS. PREPARED BY CHRIS SPAULDING oA R C HIT E C To 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (510) 527-5997 FAX (510) 527-5999 REVISIONS BY 8-10-I I 10 -5 -II II -15-1I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE 22100 MOUNT EDEN ROAD SARATOGA ❑ CALIFORNIA DATE: 5 -15 -II SCALE: A5 NOTED DRAWN: EL/D13 200: COUCH SHEET A9 OF 1 SHEETS 4 ) MmySEau.pnanmwansm I 6a�;�m 09304157 REPORT 11I Iha rupovthUn of the mm.r. amhlle l and.aro<m m 6.e:7,71111.r with Ma b1 .l0. n thio repent •ad impiemwt the regvisd madlllom Applicatimd: AR810.0053 Repent by Ella 13.u, Ci0 Arborist 515: 22100 Me Eden Road Mane: (408)868.1276 0.,... gory,' ego Taro Caul: Em:I: kboorAsa mans u• APR: 503.9-005 Eme0: Jcmr0Qappk.wm Report Rbmry: gl /me 7.2011 Thu moon apace, Retched pans received Noreen. 16. 2011 rm.41 Rapnn completed Dmoeber 2, 2011 PROTECT SCOPE The applicant has abmit.N plow to ram. Me misting Inco and stable and fold a cow coo eery roue with • mseosnt • pool. cod o most In1e M a a has.. Eight sae Ramrod by City Code. mustered for emal m construct depe)ea (42.3.4.5.4 14, 23..426).103). vett Wa.teria der ramal and rep/atm. (. Pridings Mbw) and mrybe encs. std 1051.314 upn alhc pojat. TF addk3. men which w not groomed by City (:ocis. oho shown to be temp. onme Mom May mere mr3.had in the macaw and may kraoeeda eAy time 9Ol00 agamme CLEARANCE- with maditkw ibis project has Mamma Even de adman m pared. Mdm the conditions mad below in Me Rcw;rcema section. Prior to mbnsadog coda RAW, oma on (o mevkm. Me dn.ewry by redwood OM maims modifostion to avoid gado Menges Mthii3 fin of the nee In 1400003, can in Oa vicinity ofdeavt anue<dm system 0038090 Janne. 00 plums m verify cat the sysa is I..d m84dcdaip O<emaam often 49, 10. 11 and 13. PLAN REVIEW Plans mlew<y Ardime.201Plast sub.. for WI prof. were prepared by Chris Spalding. 07 *1 Ci sad deed April 19.2011. Renu. pica were rtvixdm Novak 15, 2011 and trend by Me City on November IQ 2011. Pae Wens reviewed for Nie roma include Sheet Al. Enlarged Site Paso Sea Al, Penis' Sire PW and Pada Pla; Sheer Al.Eue.eeuTrona A4. F Floor Pico Shea A5, Fla a Floor OFr Second Floor Off. Plan: Sloe AQ From ad Rea Ekvetkea; Shea Al, 51Comes FbarP Slee A9. C.30'lonag and 1, Conccpm1 Lend., Also provided kr review were civil drawings prepared by Mark Tbomv to Company, Ica. dated November 16.2011 and received by the Cin a tic same damn Ska.kw.d f«Ni0 non Page I of 22100 Mt Eden Rind im6de Sheet 1, no. Sheet and Gomel Neta Shat 2, TopoaneMP a4Rmfif PIan; 56.0. Or4ing Plan N Sbe 4. Erosion Camel TM. A Wear Collation and Di0,bulim Plan (Sheat LI.o), p paud by Devi 0. Foe & Corn., sad dated Novemb x29,101 I, me mind inti. repot Trete 09,10,11 and 13 art not velud0 on th.pan foe. aver mleavoe system end obwldbeWm. m v.0fy that hla loured outside of their ca oWoo. TREE L0TORMATION T:.e lwe3,.y Tony met protected by C 1 Code, and poafSfly Ma aed b3 ....I'm core nvee1dd f« this omen. Each me human marked w;ilm a mumbo. ahwmum rag for idmaifindoo. A f ma Ivo coo ug on M.. lower ofthe ewo numbers al. numbs for I. pm). OW for ea. uvmeriel tree le included to s Toro flyaway Ta. at. end offs rep. Laatwe gfpmw vuAN3, Oat amched ropy of t1s4 Site Plat lormaei. tut imkd1 me. vallryoa03 OIL RIO, 14, 17. Ig, 20,12.613), Rae Iman sow pia V1-6), 511 Mexican . palms (9,8, 24, 25 and 16). Raeeoae bre oaks (NIL 13 Y31),s.ten3ve oak (4141), tun show redwvod0 (427 and ng), and 5.5 London plaza mu (529 end 30). Jae Removals - Eight em poe<td by City Coh arc ague. fon amoral to construct Me project W.0o oo • vee is 1.6042 fv 0tmln u an of • Mk, cern RMinge mot be met A 00.00imeia pitting ala removal of eras is attached to the m4 ofthb oporl.360 the Plana maim below for. herded duo.soon of0.03, 3, 4.5.CM, 23 Ad lb. Four Isar art n col. with the project but not pox.ud by Ciry Cade m Oaf utarot n<bdd in she brans.. M are nowerIng pea cress n from of. boom ore b aloe., Chin. panda by end gaol and We fount a young valley oak et Mo onmmethe basemont in the Ma of. love.T em ma may be mord aany 22.0 Mg.• 413112 Tree Pto0uk0; T. 41 is a rukymk in good condi. growing rot a Me easing dawmay. There is •Lraiwge ailch8094e4l.0. 0.00.4834reida, wbicb halamptd.uy6lld n0elmt f mods 11oe120107etely pommo/withfencing dmkg.m.0.ors Treem -6.136. Mm pima ngood or Rb<poditim tat grow Ism to rola drirany. Tree W and l was riga con to the casting driveway. are very Urge, and lean dome n.Bcoa 34 Me ptnpoad driveway most be alk to wk.. 4gwt use by Mary yak. it requires mat ebnndal but layer under aWAeemade 1ty, Nan atypic. rwihadal daivnrq.Im4RMm of lbw 0 driveway .rep of gale would req .o.00ingtha guile 16 or namela3hes around 0e pines, vesting odor problems kr them To setae driveway a 6m costing ode MB regakc eco ing 4g ifcaa ren m de wet Grading also rata ciao mar Wla am fro rho propm0d gest <Maga ...I impact brow -6 ndertim to trees W .d 3. Those five ono mat get eriwg. foe removal and repletawm 10 <ela7n dm wafer., tad may be rep' - l following construe -Om The miner has kM.ud Nat k 090001 to continue a line of ei;w uta tog 00 h1vemy 9 to Me 1«nim cob. Me pines artend5 grows See the Fusing orogen below for • camiled discussion of bow Wee nem ere We vita Wm., their rmuoal. Page l of 11100 Mt Eden Road Tress 9 and 8 arc Mexicali fm palms n pod edition Thep are pasoddly impaled by causation and grading far Me pest lune. Palm trees canal... m435810m ImpacOOkay wall tftry amain fenced and me waged paiodi.17. Trees 19-13 as sway link and coast five Deka aromas m Me side of Me Ng. They are n good condi(name forme 411. which b atom lirea.k in fair cond.. T.9 is.alley ark growngcbse m the prop0d hon... To bast proton de tom, a trench should be Mg fee 0e fouohtnn leaving 111 moo. ins. wgeeefienc2 Doe a=pond.100 roan Mo. be cot mob •sharp pruning tool and covered will coq b.ap «Jus easing until Ow trench cut bebekfilled. 5.91264 alloy oakthat gam right mat m Ute louse Nat boa Mon removal. It war m1a2Od n scow wane duringhmmeunkn for its 031.600.11em.wbe cockednthe than link foaming area Ms is&mond hes 9-I3. The moor collection reset shows • 041100000 sank Ind Miwge ppm In the 'Malty ofthb group of oaks (9- 13). leader to beta pone dao Rec. Mc b<af of Oe unk and gev0edw of mi imo m (P40 Mould be arced Das. of the ueopie of Ws dusts of tee. The Mas should bs iMkatd max mar collection p. trader m verify that it is Moved outside of te<e1pie1. Tee el4 b..107 mk in ac8.w0b 6ep5J3m. 11 paws Iowan de proposed pool hilae ad • caking roll, and wdl be Monad by =am. rquwd for all ofthese ektnmu of the pas.. R rocas Ile altar. for femora and seplemme4L and my be removal and apleced as pm of dm project The peel. Ms been reassigned m remain finder Rail ark tea 416,17. 20.21.11. Mose uses are all valleyoaa n Ob or goad condition. Ma Me exception of use 011. »Lich a n large co. gve oak in good codaio. To bast pant this ppecof«los. no casvnion should occur coy caw ton 25 feu Nom trees 420.03L« 13 lea fn. ma 416 sal 17. The pk0 amw pins tee W6 to be removed. Palma can roles eeawtion close to deb malt as Ing a day lie wooed sed. *010041 E.3PouibleMat 1003 ata den m sequin rano. for the project. However. i1 h11 boon maicwd n 1k Findings maim with r ap011 m ro morel and me . thecacao allowing it to be moved and replaced Redwood 927 b oayy a few f Ran Ila No{0ad driveway, To ba prom W0 tree Mang conarocum ofd. driveway, de made should 0dkclrgld within 061 of Its ...Beyond Ma, it isamepebL•m add Ell soil «• baumceriel on of gaadet0 a .111 f t Tams W3-30 cu be ah0mrery protea/during the damlif of Mc sable 3d oummniov of Me new driveway wink Mc Hawing precaution. The trees skald be mmaed well Lau pica es demolition o00 moble, m. may require king off ales the ankle Ire bon removed Ha la of dust rows Mona Pego3 of8 23100 Mt Edeo Road So.. Commit fade Molt.. of Taw Per City °Minn a ISdo.010, a Tree Prownkn mushy deposit e.ue1 m IOO. of the appal.. Num ofvees Wand b48•1841.41 u equ'ved.Outlier shall Maio, and 3..iththe Ca.mmiry 000014pnen12454140, die rewired scarily deposit Prior to the recap, ofbd4ag pas. The 3004327d1240,10'.2490 Los the foam of• savings mttmee. a cet of deposit a30emt a• bead. fox tmquhed.crariryhpdl f« this e.1ea 113118,075 sad is the total maraud mho of trees 41, 7-13,15 -17.21.220424, 25 ad 37-l0. Thb deposit MII be held mil completion of to peoica ed acceptance by 6e City. MERNNEW Appeasod mhos wart cakuIe4d using do 100.4 fwwefe Merbed&M according to the Gvghfar Pln9 Apr 170,) 0 EBllm published by the 10144) nth Snowy of Arboriculture (IgA), 2000. Tii.ms used in maJ0350en with Me Species Casa.. sod Gram Magmata, psainso3 by Ne Wotan Ckpar of .15A. 2004. TLNBRTGS 1.1101021 The project was miewd for d0 removal ofm os W -6, 11, 23, ed 16, egad tees pat.. by City Cada. Tree SI -6 are Italian sow poo, tra.016 and 23 3a alley oaks, tree 426 6 a Melina foe palm ad tree all is • redwood The able below mama Me mala met allowing 9 moo.5 ofeaelt este Tee remora) ahem Mal co12 an be ma l . Me removal are ovalefa me ae ssa io Ib end orals report fix ret Trig Ceats ata CrltmS. 6E100 Calera not pertinent 2.3 1,2, 3,4, 5, 7, 9 4-6 2, 14x423 1,2.4,1.9 4,6 3,5,0 26 1, 4, T,9 23.5,, Tram W .d 3 -It Nu stone one. Tran 42 sod 3 ere very Urge 416n cone pies that grow riga sell m 0k driveway. Thls Spada It notorious for failing Mau they Ina.. Wises • Inge sunken am on dos tn. whidm ivy be uyed.Thesc ton mem are in conflict with .04400 .7, n tiw 3.1403313 most k cit rigbl rot m their Runk, or fdlmilns0sl be added op to Mar Nam nits 4fwa3h is good f«Ilelrtes.so ILry Duet critke 4I.Ifmt rumored and the rota kd i2 0,0 thou 1w treys 419919 due.e0 hinge to Me oar driveway. m they men Marlon t2.lmse mm bolo .slow rasion dawn de akpa but de row Mammy *4luda ad5imge swum to main mar and peva• erosion. n addition ems mes MV be planed along the clammy. m aitc0m 43 is ma. Remmel of Mom 0550 MII bare u¢lips1 ow0 We,barunm privacy. Mum ore eve.car 3101. Sita end the 0.na Raw. (0030 I00U.ua pan of tic moron, including olive tan along tic iris.wsy, an d0 acMe20 Maury will own Mr. and Marko SI I ma. Thea two pian do trend each Mug and are now ase dm is god for goodl0eary mane. sto erilerim 45 b met Thert a m alternative to ng ram tam .1ha lo leave tk.Lng mph&4tiwmy. so choir rasa. doaf OR Removal and replacement threes 02 and 3 btmawithaa wthe More ofti2 maim. micle. Ws. lam rept. con if i1 is rot feu. to retails W paste tom 47). Them is m eublk beach sofey Ak smash. with 0521 42 and 3...,min 436 norma. Ranged Mame two rem peovdm eeommie enjoyment m. properly owners and criterion 9 is mus. Pew of 22100 NM Eden Red Tree 44-6-0131100 mat oilier Tac.44.6 arc N..= pines god to f.kmdir...16ey m cont. with the proposed gucacaamtl ge .y mea erasion dl. Caseation. ion 42 does pennon six situation in Nat Me con h not Emmenlaeage tothea ammo. on the Ctitaim W lima in aha, ald.mgh Masa t0 tem con. 0401.1, LNsge will be built n m We pm). and nem tram MII be planted aroma 1b guca.4g. Ram. of these 1804 MElave •miwr impact on shade. bewdgmot sfi Srtaliwg or prism" oft property, .they neeftam e eH. These Anes gnaw In • mal <face std they an m close rex good forestry p,ebcoa sethey m. combo 43. Throe Is anatereadre to We rendre] or U pen, which is to remove the guess stage ran,. aaild h013314 Om RAp4peny, m 01meem 46 U not me. Removal of Nes um std gaming rev lamb 3omia.] with the Mani of Me Tae Regulation (Marion 411 Oita. 48 is not mama to NO3avation in dm tkave no strew ism Mthrssea pto Mac picas. Removal of Mem wets mould pooh the mina3, Memma noand other en)... of the progeny. m troy do meet 342001 e9. Tree 014 and 23- Vanes Wm Trots 414 end 23 are cagey oaks good to far condom. T. OM is in con. ma0m avvm foe MA buem..M pm4 and tree .23 6 in dos hapax of Me proposed ha. so they moa criterion 31. lfa orae poodle m eean tee9M, incedd arewe .mage m. 4M poi de m ittclw. Fn.., sot mons Mar. 4T. Tae hal gum melte to Oe foundation of Me aiming Imam Mat lt a4 mem 04 01181 021iasim 33 don to Paan to We Osman in Ma this is • Ile fort oftkp:tpay, and erosion is oat comma Removal of Mese w11 wig tow a inspect 3, shade BM 3116x120 be,uw, but MO not offal somas . priory4f lin 00451407,laaiwkoH is genially. Cri:aimn953s ea par.. thio a0adm. Thee is an aka.. m m removal of Man pee, which la to keep Me new house to e footprint no alio. foe mak re.tion acase(nn36 isnot Remral ofasae vas and plating new mu i3 mmi.t with Nm nom of rho T. Regulations (caleria 43). Criarion 48 6 not penis. m din sanark. in de fare are no rofay issues MM req. to these cola. Rano. of 04,,ut. would provide Ne owua with economic end other anioymmt of Me mammy, m they do mem cntwm9. T, I E I r3Y33-MkeEnwRIBlgawm(30' Mee 426 is a Mmkea fen 'retro in good conation Pamleial Me proposed00iremy end Maesora it requited wire this Ore groin m h b in «Mie wish m pmje0, u4nee0criterion dl. Criterion W doe not pawn some am.im, in 6e the nee does m threaten d.u.g m Oe spaa0n on site. Criterion 43 M.pet.dm this situation in Thal drainage wig be built in to Med.exny and d Me ease, so erosion a ml a corn. Rano.l of this tree will haw an insignificant inm. on shde, s.enng.prin<y ndeminsm baa., ma macs Marion H. Criterion 45 6 nor pertinent to Me ahu0in is that palm da cow when grown n group oath as this ace is. More is an aismadve to till emoral Maio w1, which Ian e11Na0I7 Mssve3f No ONO. e4aleinebc casting radon this loanbq m criteria 46 is not met Ram. oft. Ore a4 planting new 4401 is coa1a4ne with 0, 20100047We T. Row.. (.000,3 97). Criterion get is In poor..m dieam n n simthat Ma a MThnoa on issues w msg. m tut pool Renmwl ofmb tee odd provide the owner with economic and other enjoyment of02 progeny, a they da mad Marion 39. Rmlmemnt Tray Too W -Q 14,13.426 Gut • mW apwaisd vol. of 542930. R h ac<pable mtemve Were 3440 end Moot no tees anal to drir appn.d value ss part of the projax.N. 1101 may be ramal mil H &polka. pouts bac been MM.i.. Repluemml.ues for new Sea cm be fazed a1 tic baa of she Tree Meteory Table. Replrcnn-ret Ora 1ey be plaited anywhere on Me progeny. Page oft 22100 Set Eder, Read Toe prof. proposes replant 100 trtes. At lout five *00103.1 wet Mall bedoled horn the City's liaof 8013xeim Amp.ble species include nom lire oak(Qum. amifmn),.ky o9(Qum d !abate). Nuc wk(Qeuu dngfud), black oak(...02 kenoggi0.big I.'mapk Were fat CJif«as buckeye U11.Mu m 4600892 De44lm (PveuM'rupmeurm5)ad cow redw*M (Sepia b x.geereaex Eased me ev0w of information Novkd. f acmd'aaw4 Mo project mmplia wi1We 1393 eats Ode salamis Wane cameraman Rom ordains ma order 514 03, 1540.120 of Cc Car Code. REQUIREMENTS 1. TM, c409015 1.including We Tee Inventory Table and cop showmglmlias of Ores 304 7em.iwfmirn' 143(3•2 be asap:md am 6e foal sun of past ad [Med 'Tree Pasem4031. The hose 7, 2011 rapond 01rot sed to k included in the set ofpins. 2. Trec Pmaclun Salacity oepsit-9138,278 a Owner ak0 Maio. and Me w2M1 the Cara0i0 Development Director. • Tree Mon41m smarydepoaa F«Mm 41, 7, A 9- 13. 15, 16, 21, 32,24,25.M 27 30, prior to obtaining Buildingarv3578NO. b The tree pwotion.urily deposit shall re.ioio place for Med.. of conmuctioo of We project to mars dmpot.on ofNc tam c. 0 c. project hu tem mmplele3, ins... approved by:k City, Me 6011 ME beekued. 3. Tice ProfFwcist Shall be na0ed as Mown on Me emobcd map. h SMO be es. is. prior m We ori. Of(m.1.10 Mali... or materials co c. 59.0 boomlp2W ofsi-foot kgh3han laic Nock. moaned o. tight -fol WI.1 I/Lich dimela galvanized pmu, driven 24 irc10s'em Ms ground s4 spec. no more than 10 fell span d 5G11be pond with signs laying 'TREE PROTECTION FENCE -DO NOT REMOVE W4SHOIR APPROVAL PROM CITY ARBORIST'. e. GII City A/boast/ato Ban .(408)868.1216 for a ingecf of tree protection amen arca km been n3nlk711111 imamdpbmubanngki2*341043, f. Toro promotion forming shall ev0i.a1soarkdWmgha4 the ca301.km uml (301 hupc(i. If contactor Reba dm work mut be dam red de Me fenced sea cell Ciry Arborist m am.nle a Eek rating pr's to performing work. 4. 13p144044101.0,46000040)08500010510040341101000911510 Mc authorized for remora thispmja( maybe dmaa ead .loa 004 upon mail Me issuance of le applicable gonna fon the building ivision fat Me approved project nl,2 Ms EdeoRod 5. Appal.. is tnpaouik for proladng meet per Cry Code Ankle l5-50 on all mmwctloo wart Raeip of • Phoning or 0111,008 p6nsit cots not edam applies. of his m34malais under Vis Cade. 6. U:Okiuo0.0 be ammo coda final abortti21(00 inclde.bto net Sunsal M. no... drainage, water, ewer, p.m .0.00 fal.ndu.71* 7. No excamion b pemdneduderde canopy ofmylm0.ed tat as site without price approval Rom the Gly Artaist hafts to do m font sa• halm. Tree Protection Seccriw Deptmt pan place by dm pm9my owner for • pai4d of up 10 Eve mars via Mc 4m$don of<on.100(o4. 8. No<awges In grade including 0dd4n of fill soil. mi cu4 or 9cnching b 0nNod vr.Win the 0OOIO -e0 below: a oke- redwmdm T fee -mks 49, 10, 1216 and 17 20 c. 25 Mei- oaks All. 21 and 9. Trees - Si 14.13 and 36 meeek murk for ram, and cosy k removed once Badding Oaken pumim lave hon obuincd. 10. Now tr. c9ml 10 S41$30 shall be planted o pat of Me project. Rcpt... v.lu11 for new can am be found ane Lm of the T. Myra.Teble0130d 4ea Os ed ofi ns . rep1 II. Replace...rm maybe pan.. any.Mrt on 00 Popery 11. At lea Eve repaarnml ems all be Ram dm City's fist of naive moies.*0400' kwait. 3.060 soap Ifve o0k (Quenu *gaol. mliry eek(Qum.x loam). Ms wk (Qume doegloA0.64koak 1gae.akelWeil big Iafmaple (Ace .aarop4thr4A, Caifomis buckeye Liam.w col o).lyaiglum(Paadwsea2aena1110 and coot redwood (Som. swprvf«a) 13. Unless oaewie approved byte City ANda, all cwume.mdvid11 nest be caduca. am.. deign. fond w (evm afi<r 0000i4g is removed). These scarifies iO3hde, ionare nor nece00mly 0md0d 44.140 following: demogtim, madig Radio. Maipmaa <karug Mokp2ng and dumping meter's (including soil M11), and ary;p4w4Weh2le opaaim.d puking. 14. Anypmiwd pruning or root pausing of mss on We LE be pert duadatiu superviti4n of en ISA Ceni0d Arbaea sod according to ISA amdesd0 15. The disposal of boor° products (such as <hemi<slo w.1 gsm0ne) is p0I4tO0d undo Me em0pies or say.. 3, saw. slows d4o0ge to areas.. me metopic.. Habkid1137.11 eel be applied under mecamp. 16. At Meand of Ilse Rojas, Wan to rm.. coma to remove we protection remain all Wry Astoria fora fimul ingx2in Pap? of 22100M3 Eden... ATTACHMENTS: Tac Karroo. Csaea Tree hr.. Table Map Dowing tree Maxi.. pomaim fencing TREE REMOVALCRTTERIA Criteria Wt pan aha r moral ors proteid pea al lived below. Tia information it from Ardek 15-50080 of rbc City Cdr ad' a applied to any me r<gma:ed for ramval u pan of Naar If findings are made 041 uta dos dean listed below. the (reqs) rosy be approved fort mos. and epacema during maanati. (1) TM condition of.Mee wink aspen to Mae., imminent MagerafNliing, pmimrryb •sag « proposal arum. 4d Waft.. MN u7ky.rim: (I) The necessity a =now Mc ace bemuse of pima. daap...wen.[Image to .vp.reworn a impervious surf aces on We 305perly1 (T TMI3pgaphy of the Mad ud 110 ell. ofN I savval nom mraium mil e.tim sad ell divas. co (caused now of surface va.paeuat9 ea amp slopes; (O The samba m<im.saand lccdm of04iedn3 tress 8N< seaand the off. Om remora would haw upon <isde,piva<y imam, scenic b®ay, aopeny cam, mein mnwl, aM:he gm. welfare of residents in We area: (3) The ERe and lumber of idly est 00 909317 a alk ..ppm ucording to 3. faes07 prom (6) Mona « not Mac arc any abmatir50 chat woad Glow fa r.ininOarn encroaching an Ma pmr.d ata. ta Wbetkrns Apo4044ltha eeq«a mukbewa:mymain.0li<I MW dOgxrol purpu .M iAny ofthii Amick; (8) MyManl«maoa Nm801710Nfich21hh,v4y, otgmenlmUm ed 790 pum¢e of this amWva a1 um Foos u union r economic or (9) T r aliclunowlbmako«aromie.r40.1 anp5s0ea of the wo0erw xirn dxse is cc 00651 fmbk abmMre 10 Oe 0012454E Inge 8of8 TREE INVENTORY TABLE TRE .m. a6.. J'ii /1 1L IiF 1l1 ARBORIST'S 1 1 . s= !i1 II 3 . 88 ! ; a 1 1 9.0/01 e6wa 154 30 m SO Goal HM 4 03,100 E In...0 . n.1 gl . vl e e 10 oma 1301 3 z S103e 11 101)4) fen piae lex v m m Tr. 1.S 3 x W,m 4 WM ma. lvmpem •463 23 a 60 fad 04v e z 111 S names. pis P6sWa 172 a e m once Mince 1 x D,fv 6 Plow ara A9, 7, 72n M c 50 T. atederte 1 x smpm 7 4p . Mss Mooc®4 Mr. IS m m (x4 Hop 1 1633 S 3.3 61pas 1r...mararm 10)10 e k m 10 and Nye 3 2f am k veer. perm Was 31.1 m A e Cm1 iyh 3 % V1.100 10 awe'.02. 34 b70 m A Geed Hah 3 010.400 Il 2.30,.r:erbv Ill 4S SO m Fair Had 1 x 019,400 u VII Pure..War. 3.0 40 10 30 Goa cow 3 SI1100 ll 50w0va* 311 45 15 A Goa 2fµ 3 511,100 14 Yeeer. 6g.mra. Ila 30 m e .4 20003.. I x 04.700 I3 oar. 0arr..3taw lex 20 m 10 Ps M . 0 _UW_ areab30L Mal TREE INVENTORY TABLE Teal apre0da3he 0490301 btrexi..,30.41 ra004.4*1000 n 0411 ram w�le0.Pa,a.am Replaces. Tree Vanes �a4b.-0130141A6a-Mos 5 -D5w 32103 NS) E6a) Rood 76 P<w.b301n11 22100 ME Eden Road Legend Tree Protectiv0 Fel cing Tree Canopy DRAWINGS PREPARED BY CHRIS SPAULDING .ARCHITECT. 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (5101 527-5997 FAX (5101527-5999 REVISIONS BY d-10-11 I 0-5-1 1 I 1-15-1I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE 22100 MOUNT EDEN ROAD SARATOGA ❑ CALIFORNIA DATE 1-19-11 9% 3E h...khli a5 SHEET ARBORIST'S i . I! II d I 16 P.4310 elk 4sta30a as n 60 m . pater. 3 Mos 17 r0..O.4 grmmbb. Ill E A SO Per aka. 2 03.13e 11 Y.bysk erawek.007 131 n w m ben lfafa9. 3 31.00 19 Sao.. oak OaaMaas ILL mu a A m on.:.:4mµ l ma 20 0 Pam k232 172 40 9 A Geed Rad. 3 14,104 11 pease ATAAA4 Ai M e6 60 Cm1 HN 3 bed. 21 4n t tr. Woo m! m 20 m Oced Medal 2 37,700 v 4240 Was 216d m 50 Fos .m6eea I 2f 211.700 24 sII.I. Is .raw 11,10).0,240.)).k 10K IS m 9 Geed Nkk 1 % 0730 v 0 edam, 4424 1,11)/0))0•63)4640e 2100 tO Is m m ram lass 2 red x Kai On fu a.9awad. P- cow 30 Is m m Gad Toa 1 x 0150 n cm rm. 000,023,P.wee 173 m e 00 0.04 Zak 2 00,320 n CoutrefiKed 5m 30..0' 8 167 20 60 00 Fu 2fµ 2 82).8 n Lome pain I. 3d . a Oa rot 2 tum 10 -93 F....0,WD. 03 m 70 m Got that 2 033440 Teal apre0da3he 0490301 btrexi..,30.41 ra004.4*1000 n 0411 ram w�le0.Pa,a.am Replaces. Tree Vanes �a4b.-0130141A6a-Mos 5 -D5w 32103 NS) E6a) Rood 76 P<w.b301n11 22100 ME Eden Road Legend Tree Protectiv0 Fel cing Tree Canopy DRAWINGS PREPARED BY CHRIS SPAULDING .ARCHITECT. 801 CAMELIA STREET SUITE E BERKELEY CALIFORNIA 94710 (5101 527-5997 FAX (5101527-5999 REVISIONS BY d-10-11 I 0-5-1 1 I 1-15-1I PRELIMINARY SET DESIGN REVIEW SET PLAN CHECK SET PERMIT SET CONSTRUCTION SET THE COUCH RESIDENCE 22100 MOUNT EDEN ROAD SARATOGA ❑ CALIFORNIA DATE 1-19-11 SCALE: 05 NOTED DRAWN: EUDB JOB: COUCH SHEET ARBORIST'S REPORT 01 II SHEETS Land Use Percentages Agrcultare 20% Horse corrals and paddocks Landscape 10% \� \ / j\i // \ \ _ev&opment <<*:‘• ,1/*\‘\k0A, \\05\\‘ --\.-X �� \ice\------\`---,--- /� \,--\ \\\,<-(\,,,-"2.,j--,\ \ /\ �"r \\--;'\-\ \/ GRAPHIC SCALE 700 0 75 70 1 M 280 (D FET) 1 tach v 70 tt- /- , \\ \,i \"4(>';'''\\\\\\i,% <\\/\\\ 2���t\\\\ \� /,�: �\\,\\\ ,....,./ \,),,-, \\ ` \ \,..„,(,,,,,-• \/\` \ c\/�\ \,/ _\ � j' OpenSpace 56% /7-77772/7;1 /// / ,/_ 22100 Mt. Eden Road Conceptual Use Plan Area Designations 1"=70'-0" 1-3-2012 / / /% VK//jj/.Tj/r////: /�/ •/// t Y///�//�/%%f i A t\ t i / • Proposed Area Use Key /// i%/ - i \� Agricultural Use - Vineyards - Orchard Landscaped Areas - Ornamental plantings and trees Developed Areas - es, paved Buildings, paths, outdooroads&r drivfacilities Horse Operations - Paddocks, Open corral areas, pastures Openreas left Space - A undisturbed or unplanted Note: The areas shown are schematic and indicative of the use of the area shown. AlI existing trees will be have protective fencing for the duration of all construction operations. Any existing trees that are in an area of new construction will be designated and permits for removal will be applied for. No tree shall be removed without permit. f f GRAPHIC SCALE 70 0 15 70 140 280 ( IN FEET) 1 tach — 70 ft 22100 Mt. Eden Road Conceptual Use Study Notes and References 1"=70'-0" 1-3-2012 REFERENCE NOTES SCHEDULE SYMBOL DESCRIPTION Main residence Guest house 43_ Main house driveway with fire truck tumaround Main entry drive to property. This drive would be surfaced in pervious pavers and have an under drive water recovery system 51 Drive to proposed new bam with an additional fire truck tumaround 5' Existing garage to remain Main horse pasture a. Fenced paddock 's. Unpaved horse, pedestrian and vehicle way, see circulation plan for designation o. Interior entry gates for house '.i?. Interior entry gate for horse facilities u Entry gates to property Horse walker Orchard area to be planted in apple tree varieties ro Vineyards _16 Dining and BBQ pavillion with firepit area Main riding arena Open corral area / t5 ff 4//' ( (t GRAPHIC SCALE 40 0 20 40 II 1=d mi._ woo* :1 i • '.w r-" �.r .. i 111— ar is ............................... �I 0.8 E 160 ( 04 FEET ) 1 Inch - 40 ft CONCEPT GRAPHICS SCHEDULE SYMBOL NOTES 22100 Mt. Eden Road Conceptual Use Study Circulation Plan 1"=70'-0" 1-3-2012 `UNPAVED HORSE TRAILS, PATHWAYS AND ROADS PAVED ROAD FOR VEHICLES PAVED WALKWAYS AND PATHS \ r' / r\ _\ \ / \ \ \ \ / �\/ \\ \ \/ \ \- \ \ '\ \ \ . \ \'J \ -""J\ \ \,\ \\ r /r\ ///;g7- ////////// j/ 7///////// / ////// /// f r ti \ r {\ ri / \ \/ ✓'/ \ C /\' / r\id ./ \- \ \\\ \rte tii / 7 :\; /% \ \SJ , \ \ \ J\. \ �\ \ \' 7- 7 J\ \ \ \ / J \ \.\ \ \r ,/\ \ J / \ \ ° / \ \ \ \ \ / /\ i- \ \ '' J I \ J/\ \ \/\ \ \\ ,\ \\ \ r\ \ \,\ \ r \ \/ \ —� �\ GR 20 40 •\ \J C SCALE. \\ \ \ J \ r / 80 \l8 (am) 1 Inch - 40 tt. / 22100 Mt. Eden Road 2\fir;; f Conceptual Use Study Water Collection System 1"=70'-0“ 1-3-2012 0 J CONCEPT GRAPHICS SCHEDULE SYMBOL NOTES 05% •s• 5,000 GALLON HOLDING TANK WELL HEAD SUB -DRAIN - FOR THE COLLECTION OF UNDERGROUND WATER •COLLECTOR LINE - CARRYS WATER TO HOLDING TANKS REDISTRIBUTION LINE - DISTRIBUTES THE COLLECTED WATER LINE FROM WELL TO HOLDING TANKS I REFERENCE NOTES SCHEDULE SYMBOL DESCRIPTION Water from the downspouts and the foundation drains around the house, guest house and basement is collected and carried to a holding tank near the house. 2 5,000 gallon holding tank that will store the water from the collection system. This tank can be set into the hill and screened to minimize any visual impacts. Water that infiltrates through the permeable paver driveway system is collected in a sub -drain Existing well head The well fills two 5,000 gallon tanks used for domestic and site needs The perrniable driveway paving beyond this point will not be collected. The paver will allow water to percolate back into the ground as it infiltrates the pavers. Water from the sub -drains is routed to the holding tank 'EARTH -TONE BLEND' CLAY TILE ROOFING US'j 1 LE Z -'1e« 141155 ian! - \L STUCCO BROWN -STAINED WOOD (TRIM, SHUTTERS, RAFTER TAIL, FASCIA* BARGE BOARD) 'LIMESTONE BLEND' REAL STONE VENEER FROM THE OFFICE OF CHRIS SPAULDING ARCHITECT 801 CAMELIA STREET, SUITE E BERKELEY CA 94710 COLOR BOARD 22100 MOUNT EDEN RD SARATOGA ❑ CALIFORNIA 81 Exhibit A-1 Development Proposal Couch 2010 Revocable Trust (Owner) hereby apply for the listed items and incorporate by reference the materials in the City file for the following applications, subsequent, and subject, to approval of a Development Agreement, Conservation Easement, and Trails Easement: PDR 11-0010: Design Review/Building Permit: The Owner has submitted an Application for Design Review Approval for a new 6,072 square foot single family dwelling and attached garage, basement, 876 square foot secondary dwelling unit, and swimming pool. The existing 1,620 square foot detached garage will remain. Maximum allowable floor area and lot coverage is being based on what would have been allowed under a two -lot subdivision. The maximum allowable floor area under the development agreement is 13,970 square feet. The maximum allowable lot coverage under the development agreement is 42,019 square feet. The total lot coverage does not include the access driveway leading up to the residence and equestrian uses, because an access easement would not have counted towards lot coverage in a subdivision application. CUP 11-0007: Conditional Use Permit and Variation from Standards. The Owner has submitted an Application for a Conditional Use Permit for the equestrian uses including a future stable and related accessory structures (maximum 5,402 square feet of total floor area), outdoor kitchen, and driveway. A Variation from Standards is requested for site coverage for the aforementioned improvements. Design Review approval will be required for the future barn and accessory structures. GEO11-0001: Geotechnical Clearance. The Owner has received geotechnical clearance for all geotechnical aspects of the project building and grading plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations, retaining walls and driveway). Geotechnical conditions have been included in the Resolution of Approval. ARB10-0052: Arborist Clearance. The Owner has received Arborist clearance for removal of, pruning of, and/or encroachment upon protected trees. The applicant shall obtain additional clearance in the event of any change or modification to the development plans/proposal which results in removal of or an increase in pruning of or encroachment upon any protected tree. Arborist conditions have been included in the Resolution of Approval. Environmental Review: Mitigated Negative Declaration: The project has been the subject of a Mitigated Negative Declaration ("MND") under the California Environmental Quality Act (CEQA) pursuant Section 15070 and following of Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). This MND is based on an Initial Study which identifies potentially significant effects, but: (1) Revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence, in light of the whole record before the City of Saratoga, that the project as revised may have a significant effect on the environment. 82 Policy No. CAFNT0943-0943-0001-0001017124-FNTIC-2010-02 LEGAL DESCRIPTION EXHIBIT "AL. THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SARATOGA , COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Commencing at a 2" x 3" stake marked "R.29" standing in the center line of Baker Road (so-called), at the point of intersection of said center line with the Southern line of lands formerly of E.H. Guppy (said last mentioned line being also the Northern line of the premises hereby described); and running thence along said last mentioned line down a steep ravine, on the following courses and distances; N. 72° 15' E. 027 chains, S. 80° 30' E. 2.23 chains, S. 57° 30' E. 0.94 chains, S. 85° 15' E. 1.26 chains, S. 79° 30' E. 1.70 chains, S. 84° 30' E. 1.27 chains, S. 83° 30' E. 1.71 chains, S. 52° 30' E. 0.64 chains, N. 86° E. 2.34 chains, S. 87° 30' E. 1 chain, S. 43° 30' E. 1.50 chains, N. 83° 15' E. 1.76 chains, S. 89° 30' E. 1.40 chains, N. 79° 30' E. 1.48 chains, N. 66° 30' E. 2.25 chains, N. 56° 30' E. 1.90 chains, S. 87° 30' E. 3.77 chains and S. 79° 45' E. 3.55 chains, to a Sycamore tree, 2-1/2 feet in diameter standing on the corner; thence following along a picket fence S. 35° 30' E. 2.55 chains to a 2" x 3 " stake marked L.M. standing on the Southeasterly side of the Mount Eden Road; thence S. 21° E. 1 chain to a point in a small creek, from which a willow tree marked B.T.R. 17, bears S. 48° E. 10 links; thence S. 86° 30' E. 1.30 chains; thence S. 18° E. 2.67 chains to a stake R. 19 of the old survey made in 1885 by Herrmann Bros.; thence S. 71° 40' W. 0.26 chains to a 2" x 3" stake marked R.1 standing in the center of a small creek from which a live oak tree 8 inches in diameter marked B.T.R.1 bears S. 16-3/4" E., 46- 1/2 links; thence along a line parallel with an old picket fence on the following courses and distances: S. 67° 15' W. 3.31 1/2 chains to a stake marked R.2., N. 83° 20' W. 1.10 chains to a stake marked R.3, S. 79° 25' W. 0.95 1/2 chains to a stake marked R.4., S. 62° 15' W. 1.31 chains to a stake marked R.5., S. 61° 05' W., 1.61 chains to a stake marked R.6., S. 63° 05' W. 2.65 chains to a stake marked R.7., S. 62° 30' W. 2.54 chains to a stake marked R.8., S. 67° 15' W. 1.01 chains to a stake marked R.9, N. 61° 40' W., 2 chains to a 2" x 3" stake marked R.10, standing in the center of what is known as the Baker Road; thence following along the said Baker Road on the following courses and distances: N. 50° 45' W. 2.05 chains, N. 66° W. 2.13 chains, S. 86° 40' W. 0.67 chains, N. 75° W., .083 chains, N. 8° 20' E. 1.21 chains, N. 34° 20' W. 1.20 chains, N. 72° 30' W. 1.19 chains, S. 81° 30' W. 1.94 chains, S. 84° 40' W. 1 chain, N. 25° 40' W. 1.79 chains, N. 7° 40' E. 0.79 chains, N. 26° 45' W. 0.57 chains, N. 58° W. 2.14 chains, S. 83° 30' W. 1.24 chains, N. 27° 40' W. 1.21 chains, N. 58° 10' W. 1.05 chains, N. 42° 35' W. 1.28 chains, N. 56° 40' W. 1.05 chains, N. 62° 20' W. 1.33 chains, to a 2" x 3" stake marked R.39, the said point of commencement; courses true. Mag. Var. 16° 40' E., and being a part of the Tract described in that certain deed from C.T. Ryland to Charles B. Ryland, dated June 7, 1886, recorded June 8, 1886 in Book 85 of Deeds, page 198, et seq., in the County Recorder's office of the County of Santa Clara, and being part of the Northeast Quarter of Section 3, Township 8 South, Range 2 West, Mount Diablo Base and Meridian. Excepting therefrom that portion thereof described as follows: Beginning at an iron pipe in the Northeasterly line of that certain 21.19 acre tract deeded to Anthony Corriardi, by Jessie Jennie White, by deed recorded January 29, 1943 in Book 1125 of Official Records, page 287, in the office of the County Recorder of Santa Clara County, California , distant N. 71° 40' E. 17.16 feet, N. 18° W. 176.32 feet, N. 86° 30' W. 85.80 feet, N. 21° W. 66 feet and N. 35° 30' W. 51.70 feet from corner R.1 of said 21.19 acre tract and continuing thence along said Northeasterly line N. 35° 30' W. 116.60 feet to an iron pipe where once stood a Sycamore tree 2-1/2 feet in diameter and N. 79° 45' W. 96.70 feet to an iron pipe; and running thence S. 30° 36' E. 164.95 feet to an iron pipe and N. 69° 20' E. 84.47 feet to the place of beginning, and being part of the Northeast 1/4, Section 3, Township 8 South, Range 2 West, Mount Diablo Base and Meridian, as reserved by Anthony Cocciardi, in the deed recorded June 4, 1947 in Book 1474 of Official Records, page 476. DUPLICATE ORIGINAL 3.1 83 ALTA Homeowner's Policy of Title Insurance For a One -To -Four Family Residence (10/22/03) RECORDING WITHOUT FEE UNDER SECTION 6103 CALIFORNIA GOVERNMENT CODE When Recorded Return to: City of Saratoga c/o City Clerk City Hall 13777 Fruitvale Avenue Saratoga, CA 95070 GRANT DEED OF CONSERVATION EASEMENT RECITALS WHEREAS, THE COUCH 2010 REVOCABLE TRUST (hereinafter "Grantor") is the owner of certain real property consisting of 19.25 gross acres and located at 22100 Mt. Eden Road, Saratoga, California, approximately one-half mile northeast of Pierce Road and also known as Assessor's Parcel No. 503-09-005 ("Property"); WHEREAS, Grantor proposes to develop the Property and in order to proceed in the manner most consistent with the City General Plan and the Hillside Specific Plan, the Grantor is including as a part of the Development Proposal a conservation easement over 4.14 gross acres of the steepest portion of the lot (Exhibit B). The Plat of the Easement Area is attached hereto as Exhibit B 1. The legal description of the Easement Area is attached hereto as Exhibit B2; WHEREAS, THE CITY OF SARATOGA, hereinafter called "City" or "Grantee," is a city organized under the laws of the State of California and duly authorized to acquire and hold title to real property including conservation easements; WHEREAS, the Easement Area possesses natural, scenic and open space, values of importance to Grantor, the people of City of Saratoga and the people of the State of California; and WHEREAS, Grantor desires to deed to Grantee and Grantee desires to receive a conservation easement over the Easement Area to preserve and protect in perpetuity the natural, scenic and open space values of the Easement Area, subject to the restrictions contained herein. 84 GRANT OF EASEMENT NOW, THEREFORE, in consideration of the above recitals, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of California, including but not limited to Sections 815 through 816 of the California Civil Code, Grantor hereby grants to Grantee a conservation easement in perpetuity over the Easement Area, subject to the following terms and conditions: 1. Purpose. The purpose of this Easement is to assure that the Easement Area will be retained in perpetuity in its natural, scenic and open space condition, to prevent any use of the Easement Area that will significantly impair or interfere with its natural, scenic and open space values, and to assure that Grantor's responsibilities for continued maintenance as natural, scenic open space remain in effect in perpetuity. Accordingly, this Easement restricts the use of the Easement Area to activities involving enjoyment of views, open space, natural habitat and environmental protection, restoration, fire safety and prevention (including weed abatement) and related uses which are consistent with this Easement. 2. Rights of Grantee. To accomplish the purposes of this Easement, Grantor conveys to Grantee the right: 2.1 To preserve and protect the natural, scenic and open space values of the Easement Area. 2.2 To enter upon the Easement Area at reasonable times in order to monitor Grantor's compliance with the terms of this Easement and to enforce such terms provided that such entry shall be upon reasonable prior notice to Grantor or its successors in interest of the Easement Area. 2.3 To enter upon the Easement Area at any time in order to monitor potential violation of compliance with the terms of this Easement and to enforce such terms. 2.4 Pursuant to Section 5 hereof ("Disputes and Remedies"), to prevent any activity on or use of the Easement Area which is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Any activity on or use of the Easement Area which is inconsistent with the purposes of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited: 3.1 Subdivision. The legal or de facto subdivision of the Easement Area for any purposes or inclusion of the Easement Area in any proceeding involving a Lot Line Adjustment. Provided, however, that lot line adjustments affecting less than an aggregate of one hundred square feet of the Easement Area in any five year period are allowed and larger adjustments may be allowed subject to the prior 2 85 written approval of Grantee. Any land transferred by lot line adjustment shall remain subject to the terms of this Easement, and shall not carry with it any rights to development density. The term subdivision shall include, but not be limited to, the creation of a life or future estate in a portion of the Easement Area, the conveyance of a portion of the Easement Area for any purpose (including acquisition of all or any portion thereof by a public entity), or any subdivision as defined by the Subdivision Map Act, California Government Code Section 66000 et seq. 3.2 Transfer of Density Rights or Mitigation for Other Development. The transfer or other use of development rights within the Easement Area for any purpose, including but not limited to density rights or mitigation for other development. 3.3 Residential Development. Any residential development, use of, or activity on the Easement Area. 3.4 Commercial or Industrial Use. Any commercial or industrial development, use of, or activity on the Easement Area. 3.5 Building. The placement or construction of any buildings, structures or other improvements of any kind on the Easement Area (including without limitation, fences, roads, signs and parking lots). 3.6 New Utilities. The installation of new utility systems or extensions of existing utility systems, including, without limitation, water, sewer, power, fuel, and communication lines and related facilities. 3.7 Mineral Rights. The exploration for, or development and extraction of minerals and hydrocarbons by any mining method. 3.8 Tree Cutting. The cutting down, or other removal of live trees, except when required for safety or fire protection and subject to obtaining all required permits and the prior written approval of Grantee, which approval shall not be unreasonably withheld. 3.9 Soil Erosion or Degradation. Any use or activity which causes, or is likely to cause, significant soil degradation or erosion or significant pollution of any surface or subsurface waters, except when required for fire safety (including but not limited to fire prevention or protection). 3.10 Excavation. Alteration of land forms by grading or excavation of topsoil, earth, or rock is prohibited, except when required for fire safety (including but not limited to fire prevention or protection). 3.11 Archeological Resources. The excavation, removal, destruction, or sale of any archeological artifacts or remains found on the Easement Area, except as part of an archeological investigation approved by Grantee. All excavation plans shall be reviewed by an archeologist prior to the start of, and during, the excavation. 3 86 3.12 Scenic and Natural Character. Activities such as clearing, stripping of native vegetation, grading, or storage of materials that would clearly degrade the scenic and natural character of the Easement Area, except when required for fire safety (including but not limited to fire prevention or protection). 3.13 Dumping. The dumping or other disposal of wastes, refuse, or debris on the Easement Area. 3.14 Grazing. The grazing of livestock. 3.15 Off -Road Vehicles. Use of off-road or all -terrain vehicles or motorcycles. 3.16 Hunting or Shooting. Hunting or trapping of wildlife, or the shooting of guns. 3.17 Noise Limits. Activities (including but not limited to concerts or weddings) which produce noise levels in excess of ambient noise standards set forth for public park purposes in Section 7-30.040 and general noise restrictions as set forth in Section 7-30.050 of the Saratoga City Code. Maintenance equipment such as mowers, tractors, chainsaws and weed -whackers are specifically excluded from this provision. 3.18 Junk Yards. Storage or disassembly of inoperable automobiles and trucks for purposes of sale or rental of space for that purpose. 3.19 Conveyance of Rights to Prohibited Uses. Conveyance in any manner to any person or other legal entity of the rights to any use prohibited by this Easement. 3.20 Mortgage only with approval. The Easement Area (including any portion of it or interest in it) may not be used as security for any debt without written approval of Grantee. 4. Permitted Uses. The Grantor may use the Easement Area for any purpose not prohibited by Section 3 and which is consistent with the purpose of this Easement. The following uses and practices, though not an exhaustive recital of consistent uses, are consistent with the purpose and intent of this Easement and are not precluded by it: 4.1 To take reasonable measures necessary and appropriate for fire safety and erosion control as approved by the County of Santa Clara Fire Marshal and/or the City, as applicable. 4.2 To take reasonable measures necessary and appropriate for weed abatement to the standard required by the Saratoga City Code and the County of Santa Clara Fire Marshal. 4.3 To remove exotic non-native invasive vegetation and restore the area with native vegetation. 4 87 5. Disputes and Remedies. If Grantee determines that Grantor, or Grantor's successors in interest, or any person or entity present on the Easement Area is conducting or allowing a use, activity, or condition on the Easement Area which is prohibited by the terms of this Easement, or that a violation is threatened, the Grantee making such determination shall give written notice to Grantor as described in this section. 5.1 Consultations Regarding Interpretation and Enforcement of Easement. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. 5.2 Notice of Violation; Corrective Action. If Grantee determines that a violation of the terms of this Easement has occurred or is threatened, the Grantee(s) making such determination shall give written notice to Grantor of such violation and request corrective action sufficient to cure the violation and, where the violation involves injury to the Easement Area resulting from any use or activity inconsistent with the purpose of this Easement, to request restoration of the portion of the Easement Area so injured to its prior condition. Such written notice is not required in the event of any actual or imminent physical harm to the Easement Area, including the conservation purposes of this Easement. If Grantee disagrees with Grantor as to whether an alleged action of the Grantor is a violation of the terms of the Easement, Grantee shall issue a Notice of Entry into Mediation ("Meet and Confer Notice") to Grantor. The Meet and Confer Notice shall be issued not more than thirty (30) days after the dispute becomes apparent, and Grantee shall enter into mediation not more than thirty (30) days after issuing the Meet and Confer Notice. Upon receipt of the Meet and Confer Notice, Grantor shall take reasonable measures to suspend the activity that is the subject of the notice until an agreement is reached between Grantor and Grantee(s). Any agreement shall be in writing and signed by all the parties to this Easement. 5.3 Injunctive Relief. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fail to continue diligently to cure such violation until finally cured, Grantee having given notice of violation may bring an action at law or in equity in a court of competent jurisdiction which seeks to enforce the terms of this Easement, to enjoin the violation, by temporary or permanent injunction, and seek to require the restoration of the Easement Area to the condition that existed prior to any such injury. 5.4 Forbearance. Enforcement of the terms of this Easement shall be at the discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any 5 88 subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by any Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 5.5 Acts Beyond the Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Easement Area resulting from causes not involving any affirmative acts or omissions by Grantor, or causes beyond Grantor's control, including without limitation, trespassers, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, of mitigate significant injury to the Easement Area resulting from such causes. 5.6 Enforcement, Remedies, Attorneys' Fees and Cost of Litigation. Enforcement of this Conservation Easement and remedies for its violation shall be governed by Civil Code Section 815.7(d) and other applicable law, and a court may award to the prevailing party in any action authorized by Section 815.7 the costs of litigation, including reasonable attorney's fees. 6. Access. No right of access by the general public or to any third parties to any portion of the Easement Area is conveyed or granted by this Easement. 7. Costs and Responsibilities. Grantor and Grantor's successors in interest shall have the sole responsibility for the ownership, liability, operation, upkeep, and maintenance of the Easement Area. Grantor shall be responsible for, indemnify, and save harmless Grantee, their officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Easement, except for active negligence of Grantee or its officers, agents, or employees. The duty of Grantor to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantor waives any and all rights to any type of express or implied indemnity or right of contribution from any Grantee or its officers, agents or employees, from any liability resulting from, growing out of, or in any way connected with or incident to this Easement. 8. Taxes. Grantor shall pay before delinquency any and all taxes, assessments, fees and charges levied on or assessed against the Easement Area by competent authority (collectively "taxes") including any taxes imposed upon or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. If Grantee ever pays any taxes or assessments on the Property, or if the Grantee pays levies on Grantor's interest in order to protect Grantee's interests in the Property, the Grantor shall reimburse the Grantee for the same. It is intended that this Easement constitutes an enforceable restriction within the meaning of Article XIII Section 8 of the California Constitution and that this Easement qualify as an enforceable restriction under the provisions of California Revenue and Taxation Code Section 402.1. 6 89 9. Subsequent Conveyance of the Easement Area. Grantor shall incorporate by reference hereto the terms of this Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Easement Area, including, without limitation, a leasehold interest. Concurrent with the full execution of this Easement, Grantor shall hereby grant Grantee a right of first refusal to purchase the Easement Area or portion thereof and, pursuant to such grant, shall give written notice to Grantee of the transfer of any interest in the Easement Area at least 60 days prior to the date of such proposed transfer. If Grantee does not elect to exercise the right of first refusal, any proposed transfer of any interest in the Easement Area must be approved by Grantee and may be subject to reimbursement to City for any contributions made toward Easement Area improvements. Such reimbursements shall be made in a manner to be agreed upon between Grantor and Grantee prior to such proposed transfer. Grantor shall deliver a complete copy of this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 10. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: Couch The Couch 2010 Revocable Trust John & Tara Couch, Trustees 15001 Montalvo Road Saratoga CA 95070 408-605-9500 (cell) To Grantee: City City Clerk, City of Saratoga 17300 Fruitvale Avenue Saratoga, CA 95070 Phone: 408.868.1269 or to such other address as either party from time to time shall designate by written notice to the other. 11. Recordation. This instrument shall be recorded by Grantor in the Official Records of the County of Santa Clara, California and Grantor shall provide an endorsed copy of this instrument to Grantee. Grantee may re-record this Easement whenever re-recording is determined by Grantee as necessary or convenient to preserve Grantee's rights in this Easement. 12. General Provisions. 12.1 Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. 7 90 12.2 Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of Grantee to affect the purpose of this Easement. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. This instrument shall be construed in accordance with its fair meaning, and it shall not be construed against either party on the basis that such party prepared this instrument. 12.3 Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby, so long as the purposes of this Easement can still be carried out. 12.4 No Third -Party Rights. This instrument is made and entered into for the sole benefit and protection of Grantor and Grantee and their respective heirs, grantees, successors, and assigns. No person or entity other than the parties hereto and their respective heirs, grantees, successors, and assigns shall have any right of action under this Easement or any right to enforce the terms and provisions hereof. 12.5 No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Grantor's fee title in any respect. Grantor specifically reserves the right to convey fee title to the Easement Area subject to this Easement. 12.6 Successors. The covenants, terms, conditions, and restrictions of this Easement shall run with the land and shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, grantees, successors, and assigns, and shall continue as a servitude running in perpetuity with the land in the Easement Area. 12.7 Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 12.8 Consent not to be Unreasonably Withheld. In the event Grantor, as required by the terms hereof, seeks consent of Grantee, Grantee agrees in all such circumstances not to unreasonably withhold consent, regardless whether the paragraph hereunder requiring Grantee's consent so provides. 8 91 IN WITNESS WHEREOF, Owner has duly executed this Grant of Easement as of the day and year stated below. Grantor The Couch 2010 Revocable Trust John Couch, Trustee /Date /Date Tara Crouch, Trustee Exhibits B1 — Plat Map B2 — Legal Description (All signatures must be acknowledged before a Notary Public — attach either corporate, individual or partnership notary form.) 9 92 ACKNOWLEDGMENT State of California County of On , 2012 before me, , notary public, personally appeared John Couch and Tara Couch who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my official seal. SIGNATURE OF NOTARY 10 93 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real Easement Area conveyed by the foregoing GRANT DEED OF EASEMENT AREA, dated from JOHN COUCH and TARA COUCH to the City of Saratoga is accepted by the undersigned officer on behalf of the City Council of the City of Saratoga as authorized by the resolution adopted , and the Grantee consents to the recording of the Grant Deed by the County's duly authorized officer. I have executed this certificate of acceptance on By Dave Anderson, City Manager APPROVED AS TO FORM AND LEGALITY: Richard Taylor, City Attorney State of California County of Santa Clara ss. On , 2012, before me, a Notary Public in and for said State, personally appeared Dave Anderson who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public 94 LANDS OF HORVATH APN 503-13-038 POC CITY OF SARATOGA COUNTY OF SANTA CLARA STATE OF CALIFORNIA ANDS OF SCHERF APN 503-09-020 LANDS OF SCHERF APN 503-80-003 LANDS OF GRACE PB LLC APN 503-09-003 jj LAND JULIA MacRORY PLS 7871 Expires: 12/31 /12 0 F� LEGEND /7/ • OF 0,\-0' TPOB LANDS OF COUCH 2010 TRUST APN 503-09-005 000, N0, 2(-531 2260 J N08°21'35"E J -J J cD J INDICATES AREA OFFERED FOR CONSERVATION EASEMENT PURPOSES (±4.14 ACRES) 2.5" BRASS DISK FOUND 3 MONUMENT WELL POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING PCI L. 6 1 2 1V1 35 LANDS OF SVOBODA APN 503-09-022 3 1 2 1\/1 35 LANDS OF SUVRS APN 503-09-008 LINE TABLE LINE BEARING DISTANCE L1 N35°30'10"W 51.70' L2 S68°35'57"W 84.10' L3 N30°36'10"W 164.95' L4 N79°45'16"W 140.34' L5 S56°32'44"W 125.40' L6 S66°29'44"W 148.50' L7 S79°29'44"W 97.68' L8 N89°30'16"W 92.40' L9 S83°14'44"W 116.16' L10 N43°30'16"W 99.00' L11 N87°30'16"W 66.00' L12 S85°59'44"W 154.44' L13 N52°30'16"W 42.24' L14 N83°30'16"W 112.86' L15 N84°30'16"W 83.82' L16 N79°30'16"W 112.20' L17 N85°15'16"W 83.16' L18 N57°30'16"W 62.04' L19 N69°52'23"W 146.11' L20 S72°31'15"W 17.82' L21 S63°22'51 "E 87.24' L22 S57°42'51 "E 68.87' L23 S43°37'51 "E 83.96' L24 S59°12'51"E 68.87' L25 S28°42'51 "E 79.37' L26 N82°27'09"E 81.34' L27 S59°02'51 "E 140.37' L28 S27°47'51 "E 37.39' L29 S06°37'09"W 51.82' L30 S26°42'51 "E 117.41' L31 N83°37'09"E 65.59' L32 N80°27'09"E 127.25' L33 S73°32'51 "E 78.06' L34 S35°22'51 "E 78.71' 0' 300' 600' SCALE: 1"= 300 FT. EXHIBIT "B-1" PLAT TO ACCOMPANY LEGAL DESCRIPTION OF LANDS OF COUCH 2010 TRUST FOR CONSERVATION EASEMENT PURPOSES MARK THOMAS & COMPANY, INC. Providing Engineering, Surveying, and Planning Services 1960 Zanker Road San Jose, CA 95112 (408) 453-5373 DESIGNED BY SRR CKD. BY JM DATE 03/14/12 SCALE 1"=300' APPROVED ON 03/09/12 BY JULIA MACRORY LS N0.7871 12/31/12 JOB NO. SJ -10124 FILE NO. SHEET 1 / OF /1 W: \Couch -SJ -101245 ratoga\CADD\Survey\SJ-10124 Conservation Easement Plat.dwg EXHIBIT "B-2" LEGAL DESCRIPTION LANDS TO BE CONVEYED FOR CONSERVATION EASEMENT PURPOSES Being a portion of the parcel described in the Grant Deed from Virgil L. Hall and Theresa A. Hall, trustee of the Hall 2005 Living Trust to John Couch and Tara Couch as Trustees of The Couch 2010 Revocable Trust, recorded August 11, 2010 as Document No. 20812260, Santa Clara County Official Records; situate in the City of Saratoga, County of Santa Clara, State of California, more particularly described as follows: COMMENCING at the 2.5" brass disk in a monument well located at the intersection of the centerline of Mt. Eden Road (40 feet wide) and the general easterly line of said parcel as shown on that certain Record of Survey, filed for record on November 23, 1992, in Book 642 of Maps, Page 13, Santa Clara County Records; thence along the general easterly line of said parcel, the following three (3) courses and distances: (1) North 35°30'10" West, 51.70 feet, (2) South 68°35'57" West, 84.10 feet and (3) North 30°36'10" West, 164.95 feet to the northerly line of said parcel; thence along said northerly line, the following seven (7) courses and distances: (1) North 79°45'16" West, 140.34 feet, (2) North 87°22'16" West, 248.82 feet, (3) South 56°32'44" West, 125.40 feet, (4) South 66°29'44" West, 148.50 feet, (5) South 79°29'44" West, 97.68 feet, (6) North 89°30' 16" West, 92.40 feet, and (7) South 83°14'44" West, 116.16 feet to the TRUE POINT OF BEGINNING; thence continuing along said northerly line the following eleven (11) courses and distances: (1) North 43°30'16" West, 99.00 feet, (2) North 87°30'16" West, 66.00 feet, (3) South 85°59'44" West, 154.44 feet, (4) North 52°30'16" West, 42.24 feet, (5) North 83°30'16" West, 112.86 feet, (6) North 84°30'16" West, 83.82 feet, (7) North 79°30'16" West, 112.20 feet, (8) North 85°15'16" West, 83.16 feet, (9) North 57°30'16" West, 62.04 feet, (10) North 69°52'23" West, 146.11 feet, and (11) South 72°31'15" West, 17.82 feet to the general southerly line said parcel; thence along said general southerly line the following fourteen (14) courses and distances: (1) South 63°22'51" East, 87.24 feet, (2) South 57°42'51" East, 68.87 feet, (3) South 43°37'51" East, 83.96 feet, (4) South 59°12'51" East, 68.87 feet, (5) South 28°42'51" W:\Couch-SJ-10124 Saratoga\Survey\LEGALS\CONSERVATION EASEMENT.doc 96 East, 79.37 feet, (6) North 82°27'09" East, 81.34 feet, (7) South 59°02'51" East, 140.37 feet, (8) South 27°47'51" East, 37.39 feet, (9) South 06°37'09" West, 51.82 feet, (10) South 26°42'51" East, 117.41 feet, (11) North 83°37'09" East, 65.59 feet, (12) North 80°27'09" East, 127.25 feet, (13) South 73°32°51 East, 78.06 feet, and (14) South 35°22°51 East, 78.71 feet; thence leaving said general southerly line, North 08°21°35 East, 337.95 feet to the TRUE POINT OF BEGINNING. Containing 180,547 square feet, 4.14 acres, more or less. Exhibit `B-1" attached and by this reference made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date Julia MacRory L.S. No. 7871 Expiration Date: 12-31-2012 W:\Couch-SJ-10124 Saratoga\Survey\LEGALS\CONSERVATION EASEMENT.doc 97 RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 OFFER TO DEDICATE TRAIL EASEMENT BACKGROUND A. Property The undersigned owner ("Owner") warrants and represents that it is the sole owner in fee simple of the property identified below and more fully described in Exhibits "A" and "A- l" (the "Property") generally located at 22100 Mt. Eden Road in the City of Saratoga, the County of Santa Clara, in the State of California. The Property is also referenced as Assessor's Parcel Number 503-09-005. B. Easement Area The portion of the Property that is subject to this Offer of Dedication ("Offer") is shown on the Plat attached as Exhibit "C 1" and Legal Description attached as Exhibit "C2". C. Purpose The purpose of this Offer is to offer to dedicate over the Easement Area to the City of Saratoga (1) a non-exclusive, public equestrian trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system connected to the County public trails system and (2) the right of entry described below. D. Consideration The undersigned Owner or Owners acknowledge receipt of consideration of the grant of easement from the City of Saratoga. 1. OFFER OF DEDICATION. Owner, for itself, its heirs, successors and assigns, hereby grants and conveys this offer to grant and convey to the City of Saratoga ("City") consistent with the conditions, rights, and obligations set forth below, the easements over the Easement Area described in section 3, below. 2. OFFER BINDING ON SUCCESSORS IN INTEREST. This Offer affects the title or possession of the Property. All the terms, covenants and conditions of this Offer and of the easements when this Offer is accepted shall be binding upon and inure to the benefit of the Property and shall continue as a servitude running in perpetuity. The terms "Owner" and "City," wherever used herein, and any pronouns used in place thereof, shall include, respectively, the above-named Owner and City's successors and assigns. 3. PUBLIC ACCESS EASEMENT AND RIGHT OF ENTRY. Upon acceptance of this Offer Owner grants and conveys the following easements with respect to the Easement Area: A. A non-exclusive, public equestrian trail easement upon, under, over, and across the Easement Area to make the Easement Area a part of City's public trail system connected to the County public trails system; and B. A right of entry by the City of Saratoga, its employees, agents, contractors, successors, and assigns to construct and maintain the trail and otherwise address matters of public health, safety, and welfare. The parties agree that these easements are "public easements" granted to a "public entity" within the meaning of California Government Code §831.4, and will be used for "recreational purposes" within the meaning of California Civil Code §846. 4. CONDITION OF EASEMENT AREA. The Easement Area is to be kept open and free from any modifications or improvements or uses that would interfere with the uses contemplated by this Easement. Improvements built by City pursuant to this agreement shall be maintained by City. Any improvements built by Owner shall be maintained by Owner. 5. CITY OBLIGATIONS. The trail shall be maintained by City and City shall install signage it determines is reasonably necessary to discourage public access to portions of the Property not included in the Easement Area. City shall have the right to temporarily close the trail at any time that City determines that the closure is warranted in order to protect health or safety of the public or residents or animals on the Property including, but not limited to, at times of high fire danger, closures of connecting trails, or risk of landslide. 6. WARRANTY. Owner warrants to City that: 2 99 A. The Easement Area is, as of the date this Offer is executed by Owner, free and clear of all liens or, if it is not, that Owner has obtained and attached to this Offer as an exhibit the legally binding subordination of any mortgage, lien, or other encumbrance affecting the Easement Area as of the Agreement Date. B. No one has the legally enforceable right (for example, under a lease, easement or right-of-way agreement in existence as of the date this Offer is executed by Owner) to prevent the use of the Easement area for the purposes contemplated by this Offer. C. To the best of Owner's knowledge, the Easement Area is not contaminated with materials identified as hazardous or toxic under applicable law and no such materials have been stored or generated within the Easement Area. 7. CONTROLLING LAW. This Offer is made in the State of California and shall be construed and interpreted in accordance with the laws of said state. Paragraph headings and captions contained herein are for convenience of reference only and are not to be used in the interpretation of this Offer. 8. NOTICES. Any notices required by this Agreement or correspondence between the parties shall be addressed as follows, unless the parties shall provide written notice of a change: Owner: The Couch 2010 Revocable Trust John & Tara Couch, Trustees 15001 Montalvo Road Saratoga CA 95070 408-605-9500 (cell) City: John Cherbone, Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1200 With a copy to (which copy shall not constitute notice): City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 3 100 9. ENTIRE AGREEMENT. This Agreement together with the exhibits hereto, each of which are incorporated herein by this reference, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements with respect thereto. 10. ACCEPTANCE. The undersigned understands that the within offer can only be accepted by resolution of the City Council of the City of Saratoga and recordation of this instrument shall not and will not constitute acceptance of the within offer to dedicate. IN WITNESS WHEREOF, Owner has duly executed this Offer as of the day and year stated below. IN WITNESS WHEREOF, Owner has duly executed this Offer to Dedicate Trail Easement as of the day and year stated below. Owner The Couch 2010 Revocable Trust John Couch, Trustee Tara Crouch, Trustee Date Date Exhibits Cl — Plat Map C2 — Legal Description (All signatures must be acknowledged before a Notary Public — attach either corporate, individual or partnership notary form.) 4 101 ACKNOWLEDGMENT State of California County of On , 2012 before me, , notary public, personally appeared John Couch and Tara Couch who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my official seal. SIGNATURE OF NOTARY 1 102 CERTIFICATE OF ACCEPTANCE (Government Code Section 27281) This is to certify that the interest in real Easement Area conveyed by the foregoing GRANT DEED OF EASEMENT AREA, dated from JOHN COUCH and TARA COUCH to the City of Saratoga is accepted by the undersigned officer on behalf of the City Council of the City of Saratoga as authorized by the resolution adopted , and the Grantee consents to the recording of the Grant Deed by the County's duly authorized officer. I have executed this certificate of acceptance on By Dave Anderson, City Manager APPROVED AS TO FORM AND LEGALITY: Richard Taylor, City Attorney State of California County of Santa Clara ss. On , 2012, before me, a Notary Public in and for said State, personally appeared Dave Anderson who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Public 103 LANDS OF SCHERF APN 503-80-003 z- (w) ' LEGEND 0' CITY OF SARATOGA COUNTY OF SANTA CLARA STATE OF CALIFORNIA LANDS OF HORVATH APN 503-13-038 o � `y POC JULIA MacRORY PLS 7871 Expires: 12/31/12 Ji` 50' OF CO 100' SCALE: 1"= 50 FT. EQUESTRIAN TRAIL EASEMENT (±4,040 SQ.FT.) • 2.5" BRASS DISK FOUND IN MONUMENT WELL POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING TPOB 'O 1- ( Oz w zw bL.LiUJ UD OI — zcn� QaQ� J W OC Qu]( ZO U 0 W Q c'1 0 00 E . ~ W N -D W O W ED LANDS OF COUCH 2010 TRUST APN 503-09-005 DJC. Ii\1O. 20311 2260 LINE TABLE LINE BEARING DISTANCE L1 N35'30'10"W 43.98' L2 S17'25'24"W 32.75' L3 S26'01'32"E 32.55' L4 S26'01'32"E 18.82' L5 N65'39'03"W 58.63' L6 N23'32'41 "W 71.34' L7 N48'48'24"W 48.07' L8 N41'28'13"W 11.40' L9 N36°34'47"W 10.83' L10 N32°26'39"W 20.51' L11 N31'41'34"W 20.45' L12 N28'35'36"W 38.58' LINE TABLE LINE BEARING DISTANCE L13 N29'34'56"W 73.02' L14 S79'45'16"E 15.63' L15 S29'34'56"E 63.11' L16 S28°35'36"E 38.36' L17 S31'41'34"E 20.05' L18 S32'26'39"E 20.00' L19 S36'34'47"E 9.88' L20 S41'28'13"E 10.12' L21 S48'48'24"E 49.99' L22 S23'32'41 "E 69.41' L23 S65'39'03"E 39.52' EXHIBIT "C-1" PLAT TO ACCOMPANY LEGAL DESCRIPTION OF LANDS OF COUCH 2010 TRUST FOR EQUESTRIAN TRAIL EASEMENT PURPOSES MARK THOMAS & COMPANY, INC. Providing Engineering. Surveying, and Planning Services 1960 Zanker Road San Jose, CA 95112 (408) 453-5373 DESIGNED BY SRR CKD. BY JM DATE 03/26/12 SCALE 1"=50' APPROVED ON 03/09/12 BY JULIA MACRORY LS N0.7871 12/31/12 JOB NO. 4 FILE NO. SHEET 1 / OF /1 WACouch—SJ-10 Saratoga\CADD\Survey\SJ-10124 PED & EQUST ESMT Plat.dwg EXHIBIT "C-2" LEGAL DESCRIPTION LANDS TO BE CONVEYED FOR EQUESTRIAN TRAIL EASEMENT PURPOSES Being a portion of the parcel described in the Grant Deed from Virgil L. Hall and Theresa A. Hall, trustee of the Hall 2005 Living Trust to John Couch and Tara Couch as Trustees of The Couch 2010 Revocable Trust, recorded August 11, 2010 as Document No. 20812260, Santa Clara County Official Records; situated in the City of Saratoga, County of Santa Clara, State of California, more particularly described as follows: COMMENCING at the 2.5" brass disk in a monument well located at the intersection of the centerline of Mt. Eden Road (40 feet wide) and the general easterly line of said parcel as shown on that certain Record of Survey, filed for record on November 23, 1992, in Book 642 of Maps, Page 13, Santa Clara County Records; thence along said general easterly line, North 35°30'10" West, 43.98 feet to the westerly line of the 15' Pedestrian and Equestrian Easement as described in the Irrevocable Offer to Dedicate, recorded December 27, 1984, in Book J141, Page 435, Santa Clara County Official Records; thence along said easement line the following three (3) courses and distances: (1) South 17°25'24" West, 32.75 feet, (2) South 03°32'55" East, 71.30 feet, and (3) South 26°01'32" East, 32.55 feet to the TRUE POINT OF BEGINNING; thence continuing along said easement line, South 26°01'32" East, 18.82 feet; thence leaving said easement line the following nine (9) courses and distances: (1) North 65°39'03" West, 58.63 feet, (2) North 23°32'41" West, 71.34 feet, (3) North 48°48'24" West, 48.07 feet, (4) North 41°28'13" West, 11.40 feet, (5) North 36°34'47" West, 10.83 feet, (6) North 32°26'39" West, 20.51 feet, (7) North 31°41'34" West, 20.45 feet, (8) North 28°35'36" West, 38.58 feet, and (9) North 29°34'56" West, 73.02 feet to the northerly line of said parcel; thence along said northerly line, South 79°45'16" East, 15.63 feet; thence leaving said northerly line the following nine (9) courses and distances: (1) South 29°34'56" East, 63.11 feet, (2) South 28°35'36" East, 38.36 feet, (3) South 31°41'34" East, 20.05 feet, (4) South 32°26'39" East, 20.00 feet, (5) South 36°34'47" East, 9.88 feet, (6) South 41°28'13" East, W:\Couch-SJ-10124 Saratoga\Survey\LEGALS\EQUESTRIAN TRAIL EASEMENT.doc 105 10.12 feet, (7) South 48°48'24" East, 49.99 feet, (8) South 23°32'41" East, 69.41 feet, and (9) South 65°39'03" East, 39.52 feet to the TRUE POINT OF BEGINNING. Containing 4,040 square feet, 0.09 acres, more or less. Exhibit "C-1" is attached and by this reference made a part hereof. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Date Julia MacRory L.S. No. 7871 Expiration Date: 12-31-2012 W:\Couch-SJ-10124 Saratoga\Survey\LEGALS\EQUESTRIAN TRAIL EASEMENT.doc 106 SARATOGA CITY COUNCIL MEETING DATE: April 4, 2012 DEPARTMENT: Public Works PREPARED BY: Rick Torres Street & Fleet Manager AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Declaration of Surplus Vehicles & Equipment RECOMMENDED ACTION: 1. Move to declare the following vehicles as surplus and authorize their sale at auction: • Vehicle # 84 1995 GMC Sonoma • Vehicle # 104 2003 Chevrolet Silverado 1500 • Equipment # E032 1998 Toro 560 D Mower • Equipment # E041 1996 Toro 223 Mower • Equipment # E012 Bandit Wood Chipper REPORT SUMMARY: Surplus Item Vehicle # Mileage Reason Method of disposal 1. 1995 GMC Sonoma 84 78408 Age/Condition Auction 2. 2003 Chevy Silverado 104 124500 Age/ Condition Auction 3. 1998 Toro 560D E032 N/A Age Condition Auction 4. 1996 Toro 223 E041 N/A Age/Condition Auction 5. 2000 Wood Chipper E012 N/A Age /Condition Auction Vehicle # 84 (1995 GMC Sonoma) was used by the Parks Division. This truck will not be replaced due to retirement of Park staff. Age, condition, and mileage are also factors. Vehicle # 104 (Chevrolet Silverado 1500) was used as a stand-by vehicle mostly on the weekends for call outs. This truck will be replaced with vehicle # 109 a newer truck previously in use in the Community Development Department. Age, condition, and mileage are also factors. Equipment # E032 (1998 Toro 560 D Mower) will be replaced next fiscal year. Age and condition are also factors. Equipment # E041 (1996 Toro 223 Mower) was used as an extra mower and will not be replaced. Age and condition are also factors. 107 Equipment # E012 (Bandit Wood Chipper) is rarely used and will not be replaced. Age is also a factor. FISCAL IMPACTS: The Amount of revenue from the auctioned vehicles is uncertain. Funds received from the auction of surplus vehicles are allocated into the Vehicle Replacement Fund for future vehicle replacements. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Vehicle and equipment will not be surplus and value will continue to diminish. ALTERNATIVE ACTION: None FOLLOW UP ACTION: Vehicles and equipment that are surplus will be sent to Auction ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None 108 opoit MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 4, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Resolution in Support of Assembly Bill 1642 RECOMMENDED ACTION: Approve the resolution in support of Assembly Bill (AB) 1642 and authorize the Mayor to sign the letter of support for AB 1642. BACKGROUND: On March 29, 2012, the City received a request from Santa Clara County Supervisor Shirakawa requesting that the City support AB 1642. This bill would affirm local governments' ability to record Notices of Violation against properties for code violations. Notices of Violation are used in code enforcement situations and serve to put the public on notice that there are code violations on the property. This information is particularly important for prospective purchasers and lenders. In most instances, a recorded Notice of Violation has the effect of precluding the property from being sold or (re)financed because lenders will not provide mortgage financing for properties with existing violations. The County records Notices of Violation for a variety of property -related code violations, including violations of building, zoning, grading, and environmental health ordinances. Although Notices of Violation have been recorded by counties for decades, a recent California appellate court decision cast doubt on the legality of recording Notices of Violation. Many years ago, Government Code section 27201 was amended to change the word "law" to "statute." Until a few months ago, many clerk -recorders around the State relied on an Attorney General opinion stating that, for the purposes of interpreting section 27201, the word "statute" includes local ordinances. However, a recent case out of the 6th District Court of Appeal holding has raised questions about the legality of recording Notices of Violations. This Assembly Bill would clarify that local governments can indeed record Notices of Violation. FISCAL IMPACTS: There are no direct financial impacts to the City of Saratoga for supporting AB 1642. Page 1 of 2 109 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The resolution of support would not be approved. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution of Support for AB 1642 Attachment B: Letter of Support for AB 1642 Page 2 of 2 110 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING ASSEMBLY BILL 1642 — COUNTY RECORDER: RECORDATION OF DOCUMENTS WHEREAS, Notice of Violations are used by local governments in code enforcement situations and serve to put the public on notice that there are code violations on the property; and WHEREAS, a recorded Notice of Violation has the effect of precluding the property from being sold or (re)financed because lenders will not provide mortgage financing for properties with existing violations; and WHEREAS, Notices of Violation are recorded with the County for a variety of property -related code violations, including violations of building, zoning, grading, and environmental health ordinances; and WHEREAS, a revision to Government Code section 27201, which changed the word "law" to "statute," may have inadvertently impacted the ability of local governments to record Notices of Violation; and WHEREAS, until a few months ago, many clerk -recorders around the State relied on an Attorney General opinion stating that, for the purposes of interpreting section 27201, the word "statute" includes local ordinances; and WHEREAS, a recent case out of the 6th District Court of Appeal holding otherwise has raised questions about the legality of recording Notices of Violations; and WHEREAS, Assembly Bill 1642, introduced by Assembly Member Gordon, would affirm local governments' ability to record Notices of Violation against properties for code violations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga endorses Assembly Bill 1642 introduced by State Assembly Member Gordon. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DATE: Crystal Morrow, City Clerk Chuck Page, Mayor 111 Ir oIrorated Cttdb r22,1E6 April 4, 2012 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • www.saratoga.ca.us The Honorable Cameron Smyth Chair, Assembly Local Government Committee 1020 N Street, Room 157 Sacramento, CA 95814 RE: AB 1642 (Gordon) As Introduced - SUPPORT Dear Chairperson Smyth: COUNCIL MEMBERS: Manny Cappello Jill Hunter Emily Lo Howard Miller Chuck Page I write to express the City of Saratoga's support of Assembly Bill (AB) 1642 (Gordon). This bill would permit the recording of documents authorized by local ordinance, which would preserve our City's ability to use Notices of Violation (NOV) in code enforcement situations. NOVs serve to put the public on notice that there are code violations on a property. This information is particularly important for prospective purchasers and lenders. In most instances, a recorded NOV has the effect of precluding the property from being sold or refinanced because lenders will not provide mortgage financing for properties with existing violations. A recent unpublished appellate court decision casts doubt on the legality of recording NOVs, since the court held that a local ordinance is not a "statute" and, thus, a county or city is not authorized to record a NOV. This is problematic because it calls into question whether NOVs authorized by local ordinance may be recorded and if they are recorded, whether they are valid. Ultimately, if state law does not recognize the authority of counties and cities to record NOVs pursuant to local ordinances then current or future property owners will not be put on notice that there are existing code violations on the property. AB 1642 would amend state law to clarify that NOVs may be filed pursuant to local ordinances and would preserve the ability of counties and cities throughout the state to use this valuable tool in their code enforcement programs. 112 I respectfully request your support of AB 1642 when it is heard by your Assembly Local Government Committee on April 11, 2012. Sincerely, Chuck Page, Mayor City of Saratoga 113 MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 4, 2012 City Manager's Office Mainini Cabute Administrative Analyst II AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Resolution in Opposition of Assembly Bill 1627 RECOMMENDED ACTION: Approve resolution in opposition of Assembly Bill 1627- Healthy Neighborhoods Act. BACKGROUND: In February 2012, Assembly Member Roger Dickinson introduced Assembly Bill 1627, otherwise known as the Healthy Neighborhoods Act, would prohibit local governments from issuing local building permits until the building plan has satisfied standards being developed by California Energy Commission (CEC) designed to reduce vehicle miles traveled (VMT) by occupants of residential and nonresidential buildings. The bill would require that the California Energy Commission publish the new standards in its energy conservation manual. The Healthy Neighborhoods Act creates a broad mandate to regulate individual choice and specifically seeks to reduce VMT by the occupants of residential and nonresidential buildings, which consequently empowers a state agency to regulate the choice of individuals. Additionally, the bill has overly restrictive and intrusive requirements imposed on new units and their occupants, which will further exacerbate California's economy by making new construction in the state less marketable and desirable. Currently, significant strides are being made to reduce vehicle miles traveled through more coordinated regional planning efforts such as general plan legislation, specifically stated in Senate Bill 375, Chapter 728. Those who oppose the bill believe that the adoption of this bill may compromise the efforts of SB 375. Opponents of AB 1627 include the League of California Cities, California Association of Local Building Officials, California Building Industry Association, and California Association of Realtors. The adoption of this bill would negatively impact Saratoga because it is a predominantly built - out residential community with few commercial and office buildings and less public transit access as compared to other cities within Santa Clara County. Because of its existing infrastructure, residents have limited transportation choices and rely heavily on their personal vehicles to commute to work. FISCAL IMPACTS: Page 1 of 2 114 If AB 1627 passed, the City of Saratoga would have to develop new permitting fees to pay for the additional staff time and resources to enforce the bill. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The resolution to oppose AB 1627 will not be approved. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution to Oppose Assembly Bill 1627 Attachment B: Assembly Bill 1627 Language Attachment C: Mayor Page's Letter in opposition of AB 1627 Page 2 of 2 115 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OPPOSING ASSEMBLY BILL 1627 — BUILDING STANDARDS; VEHICLE MILES TRAVELED. WHEREAS, Assembly Bill 1627, otherwise known as the Healthy Neighborhoods Act, would prohibit local governments from issuing local building permits until the building plan has satisfied standards being developed by California Energy Commission (CEC) designed to reduce vehicle miles traveled (VMT) by occupants of residential and nonresidential buildings; and WHEREAS, the Healthy Neighborhoods Act creates a broad mandate to regulate individual choice and specifically seeks to reduce VMT by the occupants of residential and nonresidential buildings, which consequently empowers a state agency to regulate the choice of individuals; and WHEREAS, local building departments will be prohibited from issuing a building permit until the building plan complies with the minimum VMT standards set by the CEC; and WHEREAS, the bill has overly restrictive and intrusive requirements imposed on new units and their occupants, which will further exacerbate California's economy by making new construction in the state less marketable and desirable; and WHEREAS, the California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state, but the Healthy Neighborhood Act would not require state reimbursement because local governments have the ability to levy fees sufficient to pay for the state -mandated program; and WHEREAS, Saratoga is predominantly a built -out residential community with few commercial and office buildings and less public transit access as compared to other cities within Santa Clara County and because of its infrastructure, residents have limited transportation choices and rely heavily on their personal vehicles to commute to work; and WHEREAS, significant strides are currently being made to reduce vehicle miles traveled through more coordinated regional planning efforts such as general plan legislation, specifically stated in Senate Bill 375, Chapter 728, and the adoption of this bill may compromise the efforts of SB 375; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga opposes Assembly Bill 1627 introduced by State Assembly Member Roger Dickinson. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 4th day of April 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 116 ATTEST: DATE: Crystal Morrow, City Clerk Chuck Page, Mayor Inoorporated Cdober22,1T6 April 5, 2012 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 The Honorable Roger Dickinson California State Assembly State Capitol Building, Room 3126 Sacramento, CA 95814 Fax: (916) 319-2109 COUNCIL MEMBERS: Manny Cappello Jill Hunter Emily Lo Howard Miller Chuck Page RE: AB 1627 (Dickinson). Building Prohibitions: building standards; vehicle miles traveled. (as introduced February 9, 2012) Notice of Opposition Dear Assembly Member Dickinson: The City of Saratoga regrets to inform you of our opposition to AB 1627. This bill would prohibit local governments from issuing local building permits until the building plan has satisfied standards being developed by California Energy Commission (CEC) designed to reduce vehicle miles traveled (VMT) by occupants of residential and nonresidential buildings. The City of Saratoga has concerns with the following aspects of AB 1627. • The intent of AB 1627 unravels carefully negotiated SB 375 agreements and micromanaging solutions. Stakeholders, like the League of California Cities, businesses and local government organizations carefully negotiated agreements in order to support the final version of SB 375. Critical to that agreement was the framework whereby the California Air Resources Board (CARB) established a greenhouse gas reduction target for each region. After CARB confirms that a plan will achieve its target, regions and their local governments are provided complete flexibility to craft local approaches and strategies that would achieve the target. State micromanagement was specifically excluded from the measure. The stated intent of AB 1627 is to "ensure that the promise of SB 375 is realized." By attempting to impose an overbearing state regulatory framework on all new development, this measure undermines that delicate balance. • Broad mandate to regulate individual choice: AB 1627 specifically seeks to reduce VMT by the occupants of residential and nonresidential buildings through "allfeasible and attainable means." This is a shockingly broad mandate to empower a state agency 118 to regulate the choices of individuals. How will these restrictions be ultimately measured? How will they be enforced? • Restricting economic growth: Local agencies will be prohibited from issuing a building permit until the agency can confirm that the project meets the minimum VMT standards set by the CEC. Overly restrictive and intrusive requirements imposed on new units and their occupants will further exacerbate California's economy by making new construction in the state less marketable and desirable. • Freedom of Personal Choice: A prized feature of the American political system is the belief in free markets and freedom of individual choice. These choices include: where one chooses to work, live, how many children to have, how many cars to own, whether to sign up for a traveling soccer team and countless other benefits of a free society. This bill attempts to limit personal choice through legislation and there are limits to how much government can impose on individual choice. • No guarantee to reduce VMT: AB 1627 can't force people live near their job or get rid of their car. Once a building permit is issued there is no way - other than having the state tracking and enforcing limitations on automobile use by individuals -to guarantee that VMT will be reduced. Carpool incentives and transit investments can be made, but resources and conditions differ. Every city is unique and will not be able to use the same manner to reduce VMT. • Excludes more cost effective measures. AB 1627 requires the use of costly compliance options to reduce VMT, but specifically precludes cost-effective measures such as the energy efficiency of structures, use of alternative fuels, or fuel efficient vehicles. For these reasons, the City of Saratoga opposes AB 1627. Sincerely, Chuck Page, Mayor City of Saratoga Cc: Joanna Gin, Consultant, Assembly Business, Professions and Consumer Protection Committee; FAX (916) 319-3739 Ted Blanchard, Republican Consultant, Assembly Business, Professions and Consumer Protection Committee; FAX (916) 319-3902 Kirstin Kolpitcke, League of California Cities; FAX: (916) 658-8240 Senator Sam Blakeslee, FAX: (916)445-8081 Assembly Member Jim Beall, Jr. (916) 319-2124 119 SARATOGA CITY COUNCIL MEETING DATE: April 4, 2012 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DIRECTOR: Michael Taylor SUBJECT: Saratoga Community Event Fee Waiver Requests RECOMMENDED ACTION: Accept report and provide direction to staff. REPORT SUMMARY: At the March 21, 2012 meeting Council was asked to waive the Wildwood Park rental fee for the International Order of Odd Fellows annual Easter Egg Hunt. Council directed staff to return with a list of previous requests for fee waivers. Historically, Council has been asked to assist in funding or to waive certain fees for the following events: 1. Chamber of Commerce Art & Wine Festival 2. Chamber of Commerce BBQ 3. Mustard Faire 4. Saratoga Serves BBQ Picnic 5. Saratoga Community Band Concerts 6. Wildwood Cinema Movie Night 7. 4th of July 8. Easter Egg Hunt 9. Wild Woodstock concert 10. Annual Tree Lighting Ceremony To date in fiscal 2011-12, Council has approved the following fee waivers from the Special Events Fund: Chamber of Commerce BBQ (July 7, 2011) Saratoga Community Band Concert (May 20, 2012) Saratoga Serves Family Picnic (March 25, 2012) Typical costs associated for special events include: Reservation of Wildwood Park Fundraiser Park Attendant Event Permit Fee 120 $ 600.00 $ 240.00 $3,640.32 $ 500.00 $ 200.00 $ 100.00 Additional expenses may include the cost of insurance. The City requires indemnification by the user group through a certificate of insurance naming the City as additional insured. Many organizations have their own insurance and obtaining a certificate is a simple matter of contacting their carrier. Many homeowners' insurance policies offer riders for this additional coverage at no cost, or for a minimal cost. Groups that do not have insurance have the option to purchase coverage through the City's carrier for a fee based on the risks associated for the type of event and the number of participants. Coverage typically ranges from $85 to $420. Security may be required as well for large groups over 150 people or where alcohol is being consumed. The contract cost for off-duty Santa Clara County Sheriff Deputies is $38.05 per hour for a Reserve Deputy and $63.99 per hour for a Regular Deputy. Deputies must sign up to staff the special events and are assigned based on the order of the sign-up sheet. Portable restrooms and wash stations may be needed for groups over 75 people, and if so, must be rented from private providers at a cost of approximately $300 for one wheel chair accessible portable toilet with a sink station per weekend. Finally, for groups that request it, the City makes a portable sound system available for a cost of $45 per day for the equipment. The table below shows estimated additional costs associated with special events that have 150 attendees and where alcohol is served and consumed. This table does not include the reservation / rental or permit fees. FISCAL IMPACTS: 121 2 -Hour Event 4 -Hour Event 6 -Hour Event 150 Attendees 1.0 Reserve Deputy $76.10 $152.20 $228.30 1.0 Regular Deputy $127.98 $255.96 $383.94 Portable Toilet & Sink (Assumes 2 toilet units) $600.00 $600.00 $600.00 Insurance $85.00 $85.00 $85.00 Sound System $45.00 $45.00 $45.00 TOTAL $934.08 $1,138.16 $1,342.24 This table does not include the reservation / rental or permit fees. FISCAL IMPACTS: 121 The City's FY 2011/12 budget included $5,000 in funding for the Art & Wine Festival event and $10,000 for other community events. Other expenditures from this fund, not including the above list include $1,202.37 for the Wildwood Cinema Movie Night and $55.67 for Trail opening events. To date, $5,598.36 of the community grant funding has been spent, leaving a balance of $4,401.64. Approval of the $800 waiver request by the Odd Fellows would leave a remaining balance of $3,601.64. It should be noted that if the City co-sponsors an event, or financially assists in sponsoring events that include public performance of music (such as the Wild Woodstock concert), licensing fees will also need to be budgeted. ASCAP and BMI each require licenses for the public use of copy written music at a cost of approximately $800 per year for local government agencies. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None. ALTERNATIVE ACTION: None. FOLLOW UP ACTION: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: None. 122 SARATOGA CITY COUNCIL MEETING DATE: April 4, 2012 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor DIRECTOR: Michael Taylor SUBJECT: Saratoga Light Poles Vertical Banner Policy RECOMMENDED ACTION: Staff recommends adopting the attached Policy Regulating the Public Use of Vertical Banners on Select Saratoga Light Poles. REPORT SUMMARY: At the March 21, 2012 meeting Council expressed interest in establishing a policy for the public use of select Saratoga light poles to hang approved vertical banners. Staff proposes that a new policy be created allowing the City to manage the use of vertical banners on select light poles, including the available Village light poles, the light poles along the Saratoga -Sunnyvale Road Gateway, Saratoga Avenue, and the Fruitvale Avenue entrance into the City. Staff recommends a simplified policy that will not burden current resources, yet protects the City from liability. The proposed policy creates a new "Reservation Fee" of $200 per reservation to process the applications, manage the calendar, and collect the certificates of insurance. A new "Security Deposit" of $500 is also proposed that will be refunded to the user upon successful completion of the banner reservation and proper (timely) removal of the banners. City staff would release a public notice in January to previous banner users and various local community organizations announcing the availability of the program. In future years, this public notice will be included in the Recreation Activity Guide. Reservations would be accepted initially on a "first-come, first- served" basis with the following priority: 1. City of Saratoga sponsored activities, 2. Saratoga -based non-profit organizations or events, 3. Groups who have previously hung banners, and 4. New groups. User groups will be assigned dates on a master calendar and be allowed to hang banners for up to two weeks at a time, twice per year. Users will be completely responsible for their own banners, required to use a licensed and permitted installer, provide a copy of a $1 million certificate of insurance naming the City as additional insured, and remove the banners by noon on the Monday following the last date of the reservation. 123 FISCAL IMPACTS: None. All new fees created would comply with Proposition 26. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: There would be no official policy regulating the use of vertical banners on the Saratoga Village light poles. ALTERNATIVE ACTION: Option 1 — No Policy. Council could choose to continue existing practices with no formal policy. Option 2 — Alternative Policy. Council could choose to create an alternative policy to the current proposal. FOLLOW UP ACTION: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A — Proposed Policy Regulating the Public Use of Vertical Banners on Select Saratoga Light Poles 124 t of 13A14. Policy Regulating the Public Use of Vertical Banners on Select Saratoga Light Poles 1. Non -Profit Organizations advertising community events or organizations advertising Saratoga -based non-profit events may hang vertical banners on select Saratoga light poles. Groups may be asked to show proof of non-profit and / or Saratoga residency status. 2. In January of each year, community groups will be asked to submit their requests for preferred dates from July 1st to June 30th to hang vertical banners at select light poles. The City will consider all requests and finalize the schedule for the coming fiscal year. Dates open after the calendar is established can be filled throughout the year. 3. Requests will be given the following priority: 1) City of Saratoga sponsored activities, 2) Saratoga -based non-profit organizations or events, 3) groups who have previously hung banners, and 4) new groups. 4. Banners may be hung fourteen (14) days per usage, from Monday through Sunday, no more than twice per year. 5. Banners must be removed by noon on the Monday following the reservation. Security deposit will be forfeited for any late removal. Any banners not removed according to this policy may be removed and disposed of by the City. 6. At least thirty days prior to the first day of the reservation, the user group must present a detailed description, including the colors, design, and content of the proposed banner. At that time, the user group must also provide a copy of a certificate of insurance in the amount of $1 million, naming the City as additional insured from an approved installer. 7. Groups will be charged a fee of $200 per reservation, plus a refundable $500 security deposit. Please make checks payable to the City of Saratoga. Checks are due when the schedule request is confirmed. 8. All banners will be the responsibility of the reserving group. To ensure that banners are highly effective and properly placed, the following standards must be met: a) Banners should be exactly 45 '/z" high and 17 3/4" wide, and have a 1" sleeve stitched at the top and bottom. Proposed 04/04/2012 125 b) Banners must be made from a heavy-duty canvas or awning type of material. c) Depending on the type and weight of banner fabric, it is recommended the half moon cuts be sewn to avoid tearing and/or ripping. d) Banners should be two-sided. 9. The City of Saratoga assumes no responsibility or liability for banners, theft, damage or injury that may result from the placement of banners. 10. The City of Saratoga will be exempt from the fee requirement and the limitation of time per year. Proposed 04/04/2012 126 MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 4, 2012 AGENDA ITEM: Public Works CITY MANAGER: Dave Anderson Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer SUBJECT: Saratoga Library Solar Project — Award of Construction Contract. RECOMMENDED ACTION: 1. Move to declare Central California Solar Electric to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Central California Solar Electric in the amount of $220,000.00 and authorize the City Manager to execute the same. 3. Move to authorize staff to execute change orders to the contract up to $22,000. REPORT SUMMARY: Sealed bids for Saratoga Library Solar Project were opened on Thursday, March 29th. Only one qualified contractor submitted a bid. The construction contract amount was predetermined at $220,000 based on the available amount from the bond approved by voters. The lowest bidder was determined on the highest annual kilowatt hour production estimate of the solar system for the fixed cost of $220,000. In order to be able to fairly compare the bids, bidders were directed to use California Standard Solar Initiative Incentive Calculator widely used to estimate production. Central California Solar Electric submitted an annual production estimate of 91,269 kWh. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated March 13, 2012. It is therefore recommended the Council declare Central California Solar Electric to be the lowest responsible bidder and award the construction contract to this company. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $22,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. FISCAL IMPACTS: Funding for the project is included in the adopted budget as well as in the CIP. Page 1 of 2 127 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Central California Solar Electric will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. ALTERNATIVE ACTION: The Council may make specific findings to declare another bidder to be the lowest responsible bidder or direct staff to re -bid the project. FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin soon afterwards and will be complete in approximately two months. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. ATTACHMENTS: 1. Bid Summary 2. Construction Contract Page 2 of 2 128 Saratoga Library Solar Project Bid Opening: 03/29/2010 Bid Summary 129 Company Name Bid Amount 1 Central California Solar Electric 1698 Champagne, Tulare CA 93274 Contact: John Rector 1-559-467-1008 91,269 Kwh/yr 2 3 4 5 6 7 129 SARATOGA LIBRARY SOLAR PROJECT City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 (408)-868-1239 Saratoga Library Solar Project Construction Contract CITY OF SARATOGA CONTRACT DOCUMENTS FOR Saratoga Library Solar Project KEY BID DATES Date Issued: March 12, 2012 Mandatory Site Walk 2:00 pm on Tuesday; March 20, 2012 Requests for Equals/Clarifications Due: 5:00 pm; March 21, 2012 Bid Due: 10:00 am on Tuesday; March 27, 2012 131 Saratoga Library Solar Project Construction Contract CITY OF SARATOGA Saratoga Library Solar Project Table of Contents NOTICE INVITING BIDS 1 SCOPE AND LOCATION OF WORK 4 INSPECTION OF WORK SITE 4 EXAMINATION OF CONTRACT DOCUMENTS 4 REPORT OF ERRORS AND OMISSIONS 5 INTERPRETATION OF CONTRACT DOCUMENTS 5 BIDS 5 ADDENDA 7 BID PRICES 7 TAXES 7 EXPERIENCE OF BIDDER S 7 LISTS OF SUBCONTRACTORS 8 BID GUARANTY 8 MODIFICATION OF BID 8 POSTPONEMENT OF OPENING 8 NON COLLUSION AFFIDAVIT 9 DISQUALIFICATION OF BIDDER 9 REJECTION OF BIDS 9 RELIEF OF BIDDERS 9 COMPLETING AND SIGNING FORMS 9 DEBARRED CONTRACTORS AND SUBCONTRACTORS 9 PRIOR APPROVAL OF SUBSTITUTIONS ("APPROVED EQUALS") 10 PREVAILING WAGE AND APPRENTICESHIP 10 BID PROTEST PROCEDURES 11 SECTION GC -1 DEFINITIONS AND TERMS 13 SECTION GC -2 BID REQUIREMENTS AND CONDITIONS 14 SECTION GC -3 AWARD AND EXECUTION OF CONTRACT 15 SECTION GC -4 SCOPE OF WORK 16 SECTION GC -5 CONTROL OF WORK 18 SECTION GC -6 CONTROL OF MATERIALS 22 SECTION GC -7 LEGAL RELATIONS AND RESPONSIBILITY 24 SECTION GC -8 PROSECUTION AND PROGRESS 37 SECTION GC -9 MEASUREMENT AND PAYMENT 41 SECTION GC -10 DUST CONTROL 44 SECTION GC -1 1 RESERVED 44 SECTION GC -12 DIFFERING SITE CONDITIONS 44 SECTION GC -13 ARCHAEOLOGICAL EXAMINATION 45 UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT 48 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT 49 SPECIAL CONDITIONS 50 CONTRACT FOR CONSTRUCTION 75 CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION 83 132 Saratoga Library Solar Project Construction Contract ATTACHMENTS: • Technical Specifications (16 pages) including Single Line Wiring Diagram (1 page) prepared by Michael Mora, SOLectric Electrical, dated 03112/2012 • Structural Sheets S.1 and S.2 prepared by TKJ Structural Engineering , dated 12/20/2011 • Structural Calculations and Details (32 sheets) prepared by TKJ Structural Engineering, dated 12/20/2011 • Saratoga Library Phase li Construction Documents, 196 sheets (provided on a CD) ii 133 Saratoga Library Solar Project Construction Contract NOTICE INVITING BIDS Saratoga Library Solar Project SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until Tuesday March 27, 2012 at 10:00 am for Saratoga Library Solar Project. Sealed bids shall be submitted to the address below and addressed and noted as follows: Public Works Director City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 Sealed Bid for Saratoga Library Solar 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 Saratoga Library Solar Project, according to drawings and specifications as prepared by TKJ Structural Engineer, SOLectric Electrical, Saratoga Library as -built plan set and according to the Contract Documents. The work to be done consists of supplying all labor, methods or processes, implements, tools, machinery, equipment and materials to install solar panels on Saratoga Library roof including the interconnecting wiring between the solar panels, grounding, supplying and installing inverters, concrete pad for inverters, AC combiner panel for inverters outputs, all electrical conduits, wires, breakers, connections, conductors, switches, and all other equipment not listed here but necessary to complete the work. The work includes design, supply and installation of support system for solar panels and preparation of shop drawings of the support system and its elements to the City satisfaction and other work not specifically mentioned herein, but which may be required as directed by CITY or its designated representative to complete the work. 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. Notice Inviting Bids 134 1 Saratoga Library Solar Project Construction Contract Project is to be completed within forty five (45) calendar days from the date specified in the Notice to Proceed. The Contractor shall pay to the City of Saratoga the sum of $300 for each and every calendar day's delay in finishing the work in excess of the calendar day completion time. Bidders may obtain copies of the bidding documents at City of Saratoga Public Works Department, 13777 Fruitvale Avenue, Saratoga, CA 95070, 408-868-1239 or 408-868-1274. A set of the documents may be obtained via the mail upon request. As -built plans for Saratoga Library is available only on a CD form, all other bid documents are available in hard copies. All bid documents are also posted on the City of Saratoga website www.saratoda.ca.us under What's New — Bids and RFPs. There is no fee for the documents in any form. The mandatory pre-bid site walk is scheduled for 2:00 p.m. Tuesday, March 20, 2012 at Saratoga Library located at 13650 Saratoga Avenue, Saratoga, CA 95070. Please note that you must attend this meeting to bid on the project. Requests for information/equals and questions shall be received in writing no later than 5:00 pm on Wednesday, March 21, 2012. All questions should be addressed in writing to Iveta Harvancik, Public Work Department, 13777 Fruitvale Avenue, Saratoga, CA 95070; phone and fax number (408) 868-1274 or email iharvancik�a 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. 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 hasdetermined that the Contractor shall possess a valid Class A (General Engineering Contractor) or Class B (General Building Contractor) AND Class C10jElectrical Contractor) license at the time that the bid is submitted. The contractor shall also possess a valid City of Saratoga Contractor's Business License at the time the contract is awarded. Failure to possess the specified license shall render the bid non-responsive. The successful bidder will be required to furnish a payment bond in the amount equal to one hundred percent (100%) of the Contract Price, as well as a faithful Notice Inviting Bids 135 Saratoga Library Solar Project Constriction Contract performance bond, in the amount equal to one hundred percent (100%) of the Contract Price. The bonds shall be on the forms included in the Contract Documents. The successful bidder shall insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference, or marital status, and shall comply with the Americans with Disabilities Act. Bids will be examined and reported to the City of Saratoga City Council (Council) at a meeting within. sixty (60) days of the bid opening. CITY reserves the right to reject any and all bids, or to waive any irregularities or informalities in any bid or in the bidding procedure, or to postpone the bid opening or award for good cause. No Bidder may withdraw its bid for a period of sixty (60) calendar days after the date of opening of the bids. Each kidder will he notified of award of contract, if award is made: Contract Documents, Forms of Bid and any questions concerning this bid should be addressed to Senior Engineer iveta Harvancik, (408) 868-1274 or iharvancik(asaratoga.ca.us CITY OF SARATOGA Office of the Clerk Notice Issued March 13, 2012 Notice inviting Bids 136 3 Saratoga Library Solar Project Construction Contract INFORMATION FOR BIDDERS Saratoga Library Solar Project 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. Information for Bidders 137 4 Saratoga Library Solar Project Construction Contract 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. INTERPRETATION OF CONTRACT DOCUMENTS No oral representation or interpretations will be made to any bidders as to the meaning of the Contract Documents. Requests for interpretation shall be made in writing and delivered to the Director of Public Works at least ten (10) working days before the time announced for opening the bids. Interpretations, where necessary, will be made in the form of an addendum to the Contract Documents and, when issued, will be sent promptly as is practical to all parties to whoa i rrin sent aspromptly 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 and fax (408) 868-1239 It shall also be the bidder's responsibility to call to the attention of Director of Public Works any missing pages in the Contract Documents, including the addenda. These items shall be brought to the attention of Director of Public Works in writing, at least one week prior to the bid opening date. BIDS Bids shall be made on the blank forms prepared by City, which may be removed from the bound Contract Documents. AH 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. Information for Bidders 138 5 Saratoga Library Solar Project Construction Contract 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 hid and to bind the joint venture. Every contractor, other than a joint venture, who submits a bid, must at the time the bid is submitted have a California Contractor's License in good standing. The license shall be in the class or classes specified in the Contract Documents. Any bid from an unlicensed contractor, other than those persons exempt under California Business & Professions Code Section 7028.1 5, 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. Information for Bidders 139 6 Saratoga Library Solar Project Construction Contract 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 mai ia9Gmei t, 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. 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 A (General Engineering Contractor) or Class B (General Building Contractor) AND Class C10 (Electrical Contractor) 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 Information for Bidders 140 7 Saratoga Library Solar Project Construction Contract like nature and magnitude, and comparable difficulty and rates of progress, to the Work. City shall have sole discretion to determine what contracts are of like nature and magnitude, and comparable difficulty and rates of progress. City may reject bids from Contractors who cannot satisfactorily prove the experience and qualifications outlined in paragraph 10 hereof. LISTS OF SUBCONTRACTORS On the forms provided, each bidder shall list the name and address of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half of one percent of the total amount of the bid or $10;000, whichever is greater. For the purpose of this paragraph, a subcontractor is defined as anyone who contracts with the Contractor to furnish materials and labor or labor only, and/or one who specially fabricates and/or installs a portion of the work or improvement according to detailed drawings contained in the Contract Documents. All listings and subsequent substitutions, if any, shall be done in conformance with the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100 et seq. BID GUARANTY The bid shall be accompanied by a bid guaranty bond duly completed by a corporate surety authorized to conduct business in the State of California payable to the City of Saratoga in the sum of at least ten percent (10%) of the total amount of the bid. The bond shall be on the form included in the Contract Documents. Alternatively, a certified or cashier's check, payable to the City of Saratoga, in the sum of at least ten percent (10%) of the total amount of the bid may be substituted for the bid guaranty bond. The amount payable to the City of Saratoga under the bid guaranty bond, or the certified or cashier's check, as the case may be, shall be forfeited to City as liquidated damages in the case of the failure or neglect of the successful bidder to furnish, execute, and deliver to City the required performance and payment bonds and evidences of insurance, and/or to enter into, execute, and deliver to City the Agreement on the form provided herewith, within ten (10) days after being notified in writing by City that the award has been made. MODIFICATION OF BID Modification of a bid already received will be considered only if the modification is received prior to the deadline for receiving bids. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid POSTPONEMENT OF OPENING City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice Inviting Bids. Pursuant to Public Contract Code Section 4104.5, the City shall extend the Information for Bidders 141 8 Saratoga Library Solar Project Construction Contract 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, hone 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. 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 Information for Bidders 142 Saratoga Library Solar Project Construction Contract Contractor is prohibited from letting work on the Project to a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code. PRIOR APPROVAL OF SUBSTITUTIONS ("APPROVED EQUALS") Bidders wishing to obtain prior approval of a substitution for a specified material or system (an "approved equal") shall submit all required documentation in compliance with procedures established in the Contract Documents. Any request for an approved equal must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal to or better than the specification requirement. Prior approval requests must be received by City, in writing, at 'least seven (7) business days prior to bid deadline. If City determines the requested material or system is equal to that specified, City will notify the Bidders prior to time for submitting bids. City's failure to notify the Bidders of an approved equal shall be deemed a rejection of the requested substitution. PREVAILING WAGE AND APPRENTICESHIP In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not Tess 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 Information is also available at the Department of Industrial Relations' website: http:llwww.dir.ca.gov Information for Bidders 10 143 Saratoga Library Solar Project Construction Contract 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 PROCFn11RFS These procedures apply to ail procurement actions, whether by sealed bid, request for bid or sole source, and regardless of the stage of the procurement process at which the protest is filed. Any protest relating to the form or content of the bidding or contract documents must be submitted in writing to Public Works Director at 13777 Fruitvale Avenue, Saratoga, CA 95070 no later than ten (10) working days before the bid deadline. Any person who submits a bid shall be deemed to have waived any protest to the form or content of the proposal documents. Any protest relating to any particular proposal or the award of the contract must be submitted in writing to Public Works Director. The protest must be received no later than ten (10) working days after the basis of protest is known or should have been known, whichever is earlier. The initial protest document shall contain a complete statement of the basis for the protest. The protest shall refer to the specific portion(s) of the proposal documents which forms the basis for the protest. The protest shall include the name, business address and telephone number of the person representing the protesting party. The party filing the protest shall.concurrently transmit a copy of the initial protest document and any attached documentation to all other parties who have a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. The documents shall be transmitted by fax or overnight mail. Information for Bidders 144 Saratoga Library Solar Project Construction Contract The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or instituting legal proceedings Information for Bidders 145 12 Saratoga Library Solar Project Construction Contract GENERAL CONDITIONS Saratoga Library Solar Project SECTION GC -1 DEFINITIONS AND TERMS Whenever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows (unless noted otherwise): Agreement — the written instruments comprising the complete and integrated contract between the City of Saratoga and the Contractor. Business day -- see "working day" below Calendar day — a period of twenty-four (24) hours measured from midnight to the next midnight. If not otherwise specified in the Agreement, days shall be presumed to be calendar days. Caltrans Standard Specifications - Standard Specifications for Construction of Local Streets and Roads issued by the State of California, Department of Transportation, 2006 edition. Any reference therein to a State agency or officer shall be interpreted as if the corresponding City of Saratoga office or officer acting under this contract were so specified. All metric measurements or quantities in the Caltrans Standard Specifications shall be disregarded, and equivalent United States measures used. Caltrans Standard Plans - Standard Plans for Construction of Local Streets and Roads issued by the State of California, Department of Transportation, current edition. All metric measurements or quantities in the Caltrans Standard Plans shall be disregarded, and equivalent United States measures used. Contractor— the individual or entity with whom City has entered into the Agreement. Council - The City of Saratoga City Council, the governing body of the City of Saratoga. County — Santa Clara County, California. City — the City of Saratoga. Engineer — The Director of Public Works of the City of Saratoga, acting either directly or through property 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. General Conditions 146 13 Saratoga Library Solar Project Construction. Contract Working day — a period comprising the normal working hours of the day and further defined in Section 8-1.06 ("Time of Completion") of the Caltrans Standard Specifications. Other terms appearing in the Contract Documents shall have the intent and meaning specified in Section 1 ("Definitions and Terms") of the Caltrans Standard Specifications. 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 acknowledgeall 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 General Conditions 147 14 Saratoga Library Solar Project Construction Contract 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. oEC T IC)N LSC -.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 der -kir -1M from. the scope of the work of the contract fnr which the hid is being submitted, the lowest bid shall be the lowest bid price on the base contract those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. CITY reserves the right to add to or deduct from the contract any of the additive or deductive items after the lowest responsible bidder has been determined. The contract will be awarded, if at all, within 60 calendar days after the opening of the bids. The Work will not start until CITY has successfully acquired all necessary rights of way, easements and permits to begin work on this project. B. CONTRACT BONDS The successful bidder shall furnish two separate contract bonds. Each of the bonds shall be executed in an amount equal to at least 100% of the Contract Price. One bond shall guaranty the faithful performance of the contract by the Contractor; and the other bond shall secure payment of the claims of laborers, mechanics, and material suppliers employed under the contract and shall contain all provisions required by law to be included in such bond forms, including the requirements of Civil Code Sections 3247 - 3252. No alteration, extension of time, extra and additional work, or other change authorized by the Contract Documents will affect the obligations of the surety or sureties on the payment or performance bonds, and no notice to the surety or sureties shall be required. General Conditions 148 15 Saratoga Library Solar Project Construction Contract Any bond required herein shall be issued by a corporate surety admitted to transact surety business in the State of California and holding a valid Certificate of Authority to transact Surety Insurance in the State of California. C. EXECUTION OF THE CONTRACT The Contract shall be signed by the successful bidder and returned, together with the Contract bonds required by Section GC -3 (B) and insurance certificate required by Section GC -7 (S) of these General Conditions, after the bidder has received notice that the Contract has been awarded. No bid shall be considered binding upon the City of Saratoga until the award of the contract by the Council. D. NOTICE TO PROCEED A separate Notice to Proceed will be issued to the Contractor for this work. Within ten (10) working days from the Notice to Proceed or date specified in the Notice to Proceed, the Contractor shall commence work. Working days will be charged to the Contractor after the ten-day period has elapsed. E. FAILURE TO EXECUTE CONTRACT Failure to execute the Agreement and file acceptable performance and payment bonds and insurance as provided herein within fifteen (15) calendar days after the bidder has received notice that the contract for the Work has been awarded to him, shall be just cause for the annulment of the award and the forfeiture of the bid guaranty. Upon any such failure by the successful bidder, the contract for the work may be awarded to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the Agreement and file acceptable bonds and insurance as provided herein within fifteen (15) calendar days after such bidder has received notice that the contract for the Work has been awarded to him, the contract for the Work may be awarded to the third lowest responsible bidder. Failure of the second or of the third lowest responsible bidder to whom a contract is so awarded to execute the Agreement and file acceptable bonds and insurance as provided herein within fifteen (15) calendar days after such bidder has received notice that the contract for the Work has been awarded to him shall be just cause for the annulment of the award and the forfeiture of the bid guaranty of each such bidder. F. RETURN OF BID GUARANTEES CITY will retain all bid guarantees until the Agreement for the Work has been fully executed and CITY has received the bonds and evidence of insurance required to be furnished, or CITY has acted to reject all bids. CITY will return the bid guarantees of unsuccessful bidders, other than those forfeited. 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. General Conditions149 16 Saratoga Library Solar Project Construction Contract 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. ANAL CLEAN-UP Before acceptance and final payment, the Contractor shall clean the streets, roads, structures, and all ground occupied by him in connection with the Work, of all rubbish, excess materials, temporary structures, and equipment. All parts of the Work shall be left in a neat and presentable condition. Any damage to property, missing signs, mailboxes, etc. must be repaired/replaced to the satisfaction of CITY. Full compensation for final clean up shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor. D. CHANGES CITY reserves the right to make such alterations, deviations, additions to or omissions from the Contract Documents, including the right to increase or decrease the quantity of any item or portion of the Work or to omit any item or portion of the Work, as may be deemed by the Director of Public Works to be necessary or advisable and to require such extra work as may be determined by the Director of Public Works to be necessary for the proper completion or construction of the whole work. Changes in quantities shall be in accordance with the provisions of Section 4-1.038 ("Increased or Decreased Quantities") of the Caltrans Standard Specifications. General Conditions 150 17 Saratoga Library Solar Project Construction Contract 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 9-1.03 ("Force Account Payment") of the Caltrans Standard Specifications. SECTION GC -5 CONTROL OF WORK A. AUTHORITY OF DIRECTOR OF PUBLIC WORKS The Director of Public Works shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner or performance and loss of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. The Director of Public Work's decision shall be final and shall have authority to enforce and make effective such decisions and orders which the Contractor shall carry out promptly. B. PLANS AND WORKING DRAWINGS All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made to any plan or drawing without approval of the Director of Public Works. General Conditions 18 151 Saratoga Library Solar Project Construction Contract The Plans furnished consist of genera[ 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 inrrlu ded 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. 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 icluded in the prices paid for the various contract items of work and no separate payment will be made therefor. General Conditions 152 19 Saratoga Library Solar Project Construction Contract F. SUPERINTENDENCE The Contractor shall provide competent supervision of the Work as approved by the Director of Public Works. The Contractor or designated representative shall be present at the site at all times while work is actually in progress. Before starting work, the Contractor shall designate in writing, a representative who shall have the authority to represent and act for the Contractor regarding any written or verbal directions, or requests of the Director of Public Works. Directions or requests delivered to the representative shall have the same force and effect as if delivered to the Contractor. The authorized representative shall be an employee of the Contractor's organization and shall be shown on the Contractor's payroll The Contractor will not designate a subcontractor as the authorized representative. Whenever the Contractor or its representative is not present on any particular part of the work where the Director of Public Works desires to give direction, the Director of Public Works• will give orders. which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work for which the order is given. Failure of the Contractor or its representative to be present at the job site at all times when work is in progress will be deemed failure on the part of the Contractor to perform a provision of the Contract. If the Contractor or its representative is not present at the job site, the Director of Public Works may, in accordance with Section 8-1.05 ("Temporary Suspension of Work") of the Caltrans Standard Specifications, suspend all 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. When the Contractor requires stakes or marks outside the scope of this project, the Contractor shall notify the Director of Public Works of his requirements in writing at least three (3) calendar days (72 hours) in advance of starting operations that require such stakes or marks. The Contractor shall coordinate his work such that each staking request will have a minimum of four (4) hours of field staking time. If the Contractor submits a request having less than the minimum four (4) hours of field staking time, the Contractor will be billed the Director of Public Work's time and cost for the difference between the four (4) hour minimum and the actual staking time. The Contractor shall ensure that the area to receive stakes shall be free of al! obstructions, equipment, stockpiles, etc. If the area to receive stakes is not ready for staking when City's General Conditions 153 20 Saratoga Library Solar Project Construction Contract representative arrives on the site, the original 72 hour advance time will become void and City's representative will have 72 hours from the time the area is made ready for stakes to place the stakes and to prepare cut sheets. Stakes and marks set by the Director of Public Works shall be carefully protected from vandalism and preserved by the Contractor. In case such stakes and marks are Lost, destroyed, or damaged, the Contractor must notify the Director of Public Works in writing of his request for the stakes to be reset. Upon receipt of the request, the Director of Public Works will replace the stakes within three (3) working days. The Contractor will be charged for the cost of necessary replacement or restoration of stakes and marks which in the judgment of the Director of Public Works were carelessly lost or willfully destroyed or damaged by the Contractor's operations. Restake charges shall include any recalculation, checking, and administrative charges CITY incurs. These charges will be deducted from any monies due or to become due the Contractor. H. INSPECTION The Director of Public Works shall at all times have access to the Work during its construction and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished shall be subject to the Engineer's inspection. 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. 1. 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. General Conditions 154 21 Saratoga Library Solar Project Construction Contract. 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. 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. 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. AH 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. General Conditions 22 155 Saratoga Library Solar Project Construction Contract 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 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. D. 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. E. 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. General Conditions 156 23 Saratoga Library Solar Project Construction Contract F. 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 themanufacturer as determined by any decision of a court of the State of California or of the United States. SECTION GC -7 LEGAL RELATIONS AND RESPONSIBILITY A. GENERAL In connection with laws to be observed and responsibility of the Contractor, attention is directed to Section 7 ("Legal Relations and Responsibility") of the Caltrans Standard Specifications and to the laws applicable to this contract and to the Work that are referenced therein: Full compensation for conforming to the provisions of Section 7-1.08 ("Public Convenience") and Section 7-1.09("Public Safety") shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor. 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 work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Director of Public Works in writing. C. LABOR In connection with laws to be observed and responsibility of the Contractor, attention is directed to Section 7 ("Legal Relations and Responsibility") of the Standard Specifications and to the laws applicable to this contract and to the Work that are referenced therein. Attention is particularly directed to the subsections pertaining to Hours of Labor, Alien General Conditions 24 157 Saratoga Library Solar Project Construction Contract 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 Tess than the specified prevailing wage rates to all workers employed. Pursuant to the provisions of Section 1773 of the California Labor Code, the CITY has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. Attention is directed to the provisions in of the Labor Code Sections 1777.5 and 1777.6 concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. It shall he 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. Prior to commencement of work, the Contractor shall sign and file with the Director of Public Works a certification in the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions before commencing the. performance of the work of this contract." Full compensation for conforming to the requirements of this section shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor. All penalties set forth in Section 7 ("Legal Relations and Responsibilities") of the Caltrans Standard Specifications shall be payable to the City of Saratoga. D. CONTRACTOR'S LICENSING LAWS Attention is directed to the California Business and Professions Code Sections 7000 et seq. concerning the licensing of contractors. All bidders and subcontractors shall be licensed in accordance with the laws of this State and any bidder or subcontractor not so licensed is subject to penalties imposed by such laws. General Conditions 25 158 Saratoga Library Solar Project Construction Contract 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. H. PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. Any construction permits required by CITY for performing any work on this project will be issued by CITY at no charge to the Contractor. The Contractor and all subcontractors shall pay all City business license fees. I. PATENTS The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work. In addition to the obligations set forth in paragraph N ("Responsibility for Damage") below, the Contractor shall indemnify, defend, and hold CITY, its elected and appointed officials, and its employees harmless against any claim arising from Contractor's work under this Agreement in which a violation of intellectual property rights, including but not limited to copyright or patent infringement, is alleged. J. SAFETY The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property on or near the Project or General Conditions 59 26 Saratoga Library Solar Project Construction Contract 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. K. PUBLIC CONVENIENCE AND SAFETY Contractor shall submit a traffic control plan to the Director of Public Works for approval prior to start of work. The Contractor's attention is directed to Section 7-1.08 ("Public Convenience") and 7-1.09 ("Public Safety") of the Caltrans Standard Specifications. Full compensation for complying with the provisions of such subsections shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor. All signs required by the Director of Public Works shall be furnished and installed by the Contractor. The cost of furnishing, installing, maintaining, and removing such signs shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor. The Contractor shall notify the City of Saratoga Fire and Police Departments in writing at least 2 working days before closing any street or otherwise hindering access by emergency vehicles to any area. L. FLAGGING COSTS The costs of furnishing all flagmen and guards under the provisions of this section and Sections 7-1.08 ("Public Convenience"), 7-1.09 ("Public Safety"), and 12-2.02 ("Flagging Costs") of the Caltrans Standard Specifications will be borne by the Contractor and shall be considered included in the prices paid for the various contract items of work; no separate payment will be made therefor. General Conditions 160 27 Saratoga Library Solar Project Construction Contract M. PRESERVATION OF PROPERTY Attention is directed to Section 7-1.12 ("Indemnification and Insurance") and to Section 8- 1.10, ("Utility and Non -Highway Facilities") of the Caltrans Standard Specifications. Contractor shall exercise due care to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees and shrubbery that are not to be removed. Roadside trees and shrubbery; pole lines, fences; mailboxes; signs; markers and monuments; buildings and structures; conduits; pipe lines under or above ground ; sewer and water lines ; all highway facilities ; and any other improvements or facilities within or adjacent to the work, other than those to be removed in accordance with the plans, shall be protected from injury or damage. If ordered by the Director of Public Works, the Contractor shall provide and install suitable safeguards, approved by the Director of Public Works, to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operation, they shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a 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. General Conditions 28 161 Saratoga Library Solar Project Construction Contract 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. 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. General Conditions 162 29 Saratoga Library Solar Project Construction Contract 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. 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 General Conditions 30 163 Saratoga Library Solar Project Construction Contract 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 al! times during the prosecution of the Work and until the final completion and acceptance thereof. In addition, the Commercial General Liability Insurance shall be maintained for a minimum of five (5) years after final completion and acceptance of the Work. The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required herein. The Contractor shall not allow any subcontractors to commence work until all insurance required of the subcontractor has been obtained and verified by the Contractor and submitted to CITY. Subcontractors shall furnish original certificates and endorsements as verification of insurance coverage. The liability insurance limits specified herein shall apply to all subcontractors listed in Contractor's bid. The Contractor shall designate appropriate insurance limits for all other subcontractors. Companies writing the insurance under this article shall be authorized to do business in the State of California. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI!. 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. General Conditions 164 31 Saratoga Library Solar Project Construction Contract 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), ISO Form G0009 11 88 Owners and Contractors Protective Liability Coverage — Coverage for Operations of Designated Contractor) and Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). Claims -made policies will not be accepted. a. Additional Insureds — The Commercial General Liability ("CGL ") policy of insurance shall be endorsed to name as additional insureds the City of Saratoga, all of its elected and appointed officials, directors, officers, employees, agents and servants, using ISO Form CG201185. This policy shall provide coverage to each of the additional insureds with respect to the Work. Both bodily injury and property damage insurance must be on an occurrence basis. The policy shall be endorsed to provide primary coverage to the full limit of liability stated in the declarations. If the additional insureds have any other insurance or self-insurance against the loss covered by this policy, that other insurance shall be excess insurance and not contribute with contractor's policy. b. Amount of Coverage - The bodily injury and property damage liability of the CGL insurance shall provide coverage in the following limits of liability: $1,000,000 per occurrence with an annual general aggregate limit of not Tess than $2,000,000, and $2,000,000 products and completed operations aggregate, combined single limit. The Automobile Liability insurance policy shall provide minimum limits of $1,000,000 per accident for bodily injury and property damage. c. Subcontractors - The CGL insurance shall not require the Contractor to have its subcontractors named as insureds in the Contractor's policy, but the insurance shall protect the Contractor from contingent liability which may arise from operations of its subcontractors. d. Included Coverage - The CGL insurance shall also include all of the following coverages: Premises -- Operations; Owner's/Independent Contractors and Contractor's Protective; Products - Completed Operations; Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.); Blanket Contractual Liability, including the indemnity agreement in this contract; Separation of Insureds / Cross -Liability Provisions; Duty to Defend All Insureds; General Conditions 165 32 Saratoga Library Solar Project Construction Contract 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. Umbrella Policy or Follow -Form Excess Liability Policy - At the option of the Contractor, primary limits may be less than required, with an Umbrella Policy or Follow -Form Excess Liability Policy providing the additional limits needed. This form of insurance will be acceptable provided that the Primary and Umbrella/Excess Policies both provide the insurance coverages herein required, including all additional insured requirements. The umbrella/excess insurance shall be provided on a "following form" basis with coverage at least as broad as provided on the underlying CGL insurance. f. The certificate of insurance shall guaranty that the policy will not be amended, altered, modified, or canceled without at least thirty (30) days notice mailed by registered mail to the Administrative Services Director, City of Saratoga; 13777 Fruitvale Ave.; Saratoga, California 95070. g. In accordance with Insurance Code Section 11580.04, coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where any agreement to indemnify the additional insured would be invalid under Civil Code Section 2782(b). Workers' Compensation Insurance — California Labor Code Sections 3700 et seq. require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code. The Contractor shall comply and shall ensure that all subcontractors comply with such provisions. In addition, the Contractor shall have and maintain Employers' Liability insurance with limits of $1,000,000 per accident for bodily injury or disease before commencing the performance of the Work. Before the Notice to Proceed is issued, the Contractor shall submit written evidence that the Contractor has obtained for the period of the Contract full Workers' Compensation Insurance coverage for alt persons whom it employs or may employ in carrying out the Work. This insurance shall be in accordance with the requirements of the most current and applicable State Workers' Compensation Insurance Laws. Builder's Risk 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; General Conditions 33 166 Saratoga Library Solar Project Construction Contract 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 Toss 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 pnlilies shall contain the follnwing provisions: (1) CITY shall be named as loss payee. (2) The insurer shall waive all rights of subrogation against CITY. Builder's Risk Insurance may have a deductible clause not to exceed the following limits: (1) if, pursuant to Public Contract Code Section 7105, CITY requires coverage for any damage to the work caused by an act of God, and has set forth the amount of the work to be covered and the insurance premium for such coverage as a separate bid item, the deductible for such coverage shall not exceed five percent (5%) of the value of the Work at risk at the time of the loss. (2) All other perils: $5,000. The Contractor shall be responsible for paying any and all deductible costs. The policy shall provide CITY the right to occupy the premises without termination of the policy until acceptance of the project. 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 r 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. Genera[ Conditions 34 167 Saratoga Library Solar Project Construction Contract 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. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects CITY and other additional insureds or the Contractor shall procure a bond guaranteeing payment of losses, related investigations, claim administration, and defense expenses. 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 8-1.08 ("Termination of Control") of the Caltrans Standard Specifications. CITY reserves the right to terminate the contract in accordance with Section 8-1.11 ("Termination of Contract") of the Caltrans Standard Specifications. CITY also reserves the right to terminate the Contract for any of the following reasons: • The Contractor is insolvent or has made a general assignment for the benefit of creditors, or a receiver has been appointed on account of the insolvency of the Contractor. • The Contractor or any of its subcontractors violate any of the material provisions of the Agreement or fail to perform the Work within the time specified in the Contract Documents. • The Contractor or any of its subcontractors should fail to make prompt payment to subcontractors or to suppliers for material or for labor. • The Contractor or a subcontractor persistently disregards laws, ordinances, or the instructions of CITY or the Director of Public Works. • The Contractor fails to abide by a proper stop work notice or fails to correct rejected work or materials. • The Contractor fails to provide and keep in full force and effect all required insurance or fails to cause all subcontractors to so comply. • The Contractor fails to supply a sufficient number of properly skilled workers or proper materials, or fails to diligently prosecute the Work. • The Contractor commits any substantial violation of the Contract that constitutes a material breach of the Contract. General Conditions 68 35 Saratoga Library Solar Project Construction 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, occasioned thereby. In such event, CITY may, without liability, take possession of and utilize in completing the Work, the Contractor's materials and equipment to be incorporated into the Work, whether stored at the project site or elsewhere. Whenever the Contractor's right to proceed is terminated, the Contractor shall not be entitled to receive any further payment until the Work is finished. If CITY terminates the Contract for cause, CITY may retain out of any funds due or to become due the Contractor the amount of the cost of completing the Work and any expense incidental to reletting the contract or performing the Work. CITY may also hold the Contractor and the Contractor's sureties responsible for such cost and expense, and for any damages resulting from the abandonment or failure. The Contractor shall not receive any further payment until the Work is complete. V. ASSIGNMENT OF ANTI-TRUST CLAIMS In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgement by the parties. W. CONTRACTOR'S BOOKS AND RECORDS. A. Contractor and its subcontractors shall establish and maintain records pertaining to this contract. Contractor's and subcontractors' accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this contract, including properly executed payrolls, time records, invoices and vouchers. General Conditions 36 169 Saratoga Library Solar Project Construction Contract 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 documents be maintained at City's facility. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in -interest. F. Pursuant to California Government Code Section 8546.7, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this contract including, but not limited to, the cost of administering the contract. SECTION GC -8 PROSECUTION AND PROGRESS A. GENERAL The prosecution and progress of the work shall conform to Section 8 of the Caltrans Standard Specifications and the Special Conditions. B. SUBLETTING AND ASSIGNMENT Attention is directed to Section 8-1.01 ("Subcontracting") of the Caltrans Standard Specifications which provides that the Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control. General Conditions170 37 Saratoga Library Solar Project Construction Contract No subcontractors will be recognized as such, and all persons engaged in the work of construction will be deemed employees of the Contractor. The Contractor will be held responsible for all subcontractors' work, which shall be subject to the provisions of the Contract and specifications. When a portion of the work that has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to CITY, the subcontractor shall be removed immediately on the requisition of CITY and shall not again be employed on the work. Attention is directed to Section 8-1.02 ("Assignment") of the Standard Specifications. The performance of the Contract may not be assigned except upon written consent of CITY. C. COMMENCEMENT OF WORK, PROGRESS, AND TIME FOR COMPLETION The Contractor shall begin work within ten (10) working days after the date specified on the Notice to Proceed and shall diligently prosecute the same to completion within the time set forth in these Contract Documents. D. HOURS OF WORK, HOLIDAYS, AND OVERTIME. The Contractor shall perform all work during the working hours of 7:00 a.m. to 3:30 p.m., Monday through Friday (unless otherwise noted below). If the Contractor wishes to work during any other hours or on weekends, the Contractor must obtain written permission from CITY. The request must be received at least two (2) working days in advance of any work. No work will be allowed on CITY holidays except in an emergency. A listing of CITY holidays is available from the City Clerk's Office 13777 Fruitvale Avenue, Saratoga, California, 95070. If Contractor requests overtime work in which CITY will incur costs, CITY reserves the right to bill the Contractor at time and one half to cover the costs incurred. E. TEMPORARY SUSPENSION OF WORK In accordance with Section 8-1.05 ("Temporary Suspension of Work") in the Caltrans Standard Specifications, the Director of Public Works or his designee shall have the authority to suspend the Work wholly or in part, for such a period as the Director of Public Works may deem necessary. F. TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth in the Special Conditions. The Contractor's attention is directed to Section 8-1.07 ("Liquidated Damages") of the Caltrans Standard Specifications which shalt 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. General Conditions 171 38 Saratoga Library Solar Project Construction Contract The parties to the Contract agree that in case all the work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in this Agreement damage will be sustained by the CITY. The parties further agree that it is and will be impracticable to determine the actual damage that the CITY will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the CITY the sum stated in the Notice Inviting Bids for each and every calendar day's delay beyond the time prescribed to complete the work. The Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, 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. MY is under no obligation to extend the time for completion. If CITY decides to extend the time for completion, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the Work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor will not be assessed liquidated damages or the cost of engineering and inspection during a delay in the completion of the Work caused by acts of God (as defined in Public Contract Code Section 7105) or of the public enemy; fire; floods; epidemics; quarantine restrictions; strikes; freight embargoes; unusually severe weather; and/or delays of subcontractors due to such causes, provided that the Contractor within fifteen (15).days from the beginning of any such delay notifies the Director of Public Works in writing of the causes of delay. The Director of Public Works shall ascertain the facts and the extent of delay, and the Director of Public Work's findings thereon shall be final and conclusive. Except for the additional compensation provided for in Section 8-1.09 ("Right of Way Delays") of the Caltrans Standard Specifications, and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance. It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of delay in completion of the work in excess of that expressly provided for in Section 8-1.07 of the Caltrans Standard Specifications. G. LIMITS OF WORK The "limits of work" are shown on the plans (where applicable). The Contractor shall make its own arrangements, and pay_all expenses for additional area required outside of the limits of work unless provided in the Special Conditions. General Conditions 172 39 Saratoga Library Solar Project Construction Contract 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 Zine utility facilities located at the site of the Work but not identified in the Contract. If the Contractor is required to locate, repair damage not due to the Contractor's failure to exercise reasonable care, and remove or relocate existing main or trunk line utility facilities, it shall be compensated under Section 9-1.03 ("Force Account Payment") of the Caltrans Standard Provisions, including payment for equipment on the Project necessarily idled during such work. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of CITY; or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. Contractor will not be assessed liquidated damages for delay in completing the work solely attributable to the failure of CITY, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents. The right is reserved by CITY and by the owners of facilities or their authorized agents to enter the job for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces. Attention is directed to the possible existence of underground facilities not known to CITY, or in a location different from that which is shown on the plans or in the Special Conditions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA to mark utilities. See GC -7(L). I. COMPENSATION Full compensation for conforming to the requirements of this section shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor, except that this provision does not constitute a waiver, alteration, or limitation of the applicability of California Public Contracts Code Section 7102. General Conditions73 40 Saratoga Library Solar Project Construction Contract SECTION GC -9 MEASUREMENT AND PAYMENT A. GENERAL Attention is directed to Section 9 ("Measurement and Payment") of the Caltrans Standard Specifications which includes procedures for determination of payments, compensation for extra work by force account, partial payments, and final payments. 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 Jei aaioni 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. General Conditions 74 41 Saratoga Library Solar Project Construction Contract C. EXTRA AND FORCE ACCOUNT WORK Extra work as herein before defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided, and as provided in Section GC -4 (F) of the General Conditions. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing or by force account as provided in Section 9-1.03 ("Force Account Payment") of the Caltrans Standard Specifications. 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-five 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. General Conditions 175 42 Saratoga Library Solar Project Construction Contract 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. Payment by CITY of the final undisputed amount due under the Contract, including payment based upon adjustments for any work done in accordance with any alterations of the Contract Documents, shall be contingent upon the Contractor furnishing CITY with a release of all claims against CITY arising by virtue of the contract related to those amounts. In the event the Contractor has any such claims, such claims in stated amounts may be specifically excluded by the Contractor from the release, in which case the payment by CITY may be of only undisputed amounts. I. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK If, within a period of one (1) year after final acceptance of the work performed under this contract, any structure furnished, installed, constructed, and/or caused to be installed or constructed by the Contractor, or any of the work done under this contract, fails to fulfill any of the requirements of the Contract Documents, the Contractor shall without delay and without any cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work. Should the Contractor fail to act promptly or in accordance with this requirement, or should the situation require that repairs or replacements be made before the Contractor can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and the Contractor shall pay to CITY the actual cost of such repairs plus 25%. J. FISCAL AGENT PAYMENT With certain exceptions, all monies for the progress payments and final payment under the contract will be sent to the Contractor. CITY will send, by first-class mail, warrants payable to the Contractor to the mailing address specified on the separate payment request certified and approved by CITY. K. CLAIMS PROCEDURES Attention is directed to the provisions in Section 9 ("Measurement and Payment") of the Caltrans Standard Specifications regarding notice of claims or potential claims, which shall apply to any and all claims, including requests for additional compensation and/or an adjustment in the time for performing the Work. Claims shall be resolved by arbitration as described in Section 9-1 .10 of the Caltrans Standard Specifications. General Conditions 76 43 Saratoga Library Solar Project Construction Contract 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; 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. General Conditions77 44 Saratoga Library Solar Project Construction Contract 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. General Conditions 45 178 Saratoga Library Solar Project Construction Contract 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 executer{ by the part1Ps prier to the release date are coverer) by this release unless specifically reserved by the claimant in this release. This release of any mechanic's Hen, stop notice, or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. DATED: , 20 By Its Conditional Waiver and Release 46 179 Saratoga Library Solar Project Construction Contract 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: By Its Conditional Waiver and Release$O 47 Saratoga Library Solar Project Construction Contract 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: 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. Unconditional Waiver and Release181 48 Saratoga Library Solar Project Construction Contract 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: By Its NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THS 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 Unconditional Waiver and Release 82 49 Saratoga Library Solar Project Construction Contract SPECIAL CONDITIONS 1. SPECIAL QUALIFICATIONS Contractor is advised that in addition to the standard qualifications, the following additional specialty qualifications apply to this Contract: 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: The contractor shall be responsible for damage to existing roof including roof leaks at the roof penetration points associated with installation of the solar panels and walkway support systems. All roof repairs associated with the Project within 5 years of the issuance of Notice of Completion shall be responsibility of the Contractor including labor, workmanship and parts. 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: The highest annual kilowatt hour production of the system for the fixed cost of $220,000. The bidders shall use CSI (Standard Solar Initiative) Standard PV calculator available at http:/fwww.csi-epbb.comidefault.aspx to calculate the production. 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: The Library will continue to operate and be open to public during its regular hours of operation. Contractor shall order work to avoid disruption to existing activities as much as possible. The contractor shall protect all areas, outdoor and indoor, to prevent injuries and damage to property. The Contractor shall notify the City and the Library at least 48 hour in advance if any areas need to be closed to public, The Contractor shall be responsible for closing the restricted area in such manner that the restricted area is clearly marked and is not accessible to public. Special Conditions 83 50 Saratoga Library Solar Project Construction Contract 5. LIMITS of WORK Contractor is advised that the City will provide off-site areas for Contractor activities as follows: none. 6. TESTING AND INSPECTION Contractor is advised that the following special testing/inspection requirements apply: All inspections and testing as required by PG&E. All inspections and testing as required by the City of Saratoga. Library roof inspection as required by the Library Management. 7. SOUND CONTROL Contractor shall implement the following sound control measures: limit construction noise as much as reasonably possible. 8. PERMITS AND LICENSES The Contractor shall ensure all necessary permits and approvals for the Work have been obtained. City Building Permit (e.g. Electrical Permit) will be issued prior to work commencement. No fee will be charge for the City Building Permits. In addition, the Contractor shall obtain all necessary permits, inspections and approvals from PG&E. Contractor shall comply with all permit conditions in performing the Work. Copies of the permits and permit conditions not issued by the City shall be provided to the City. 9. PUBLIC CONVENIENCE & SAFETY Contractor shall not perform work on the following streets or in the following areas during the periods defined below: nfa 10. HOURS of WORK Contractor is advised that operations may be performed outside the normal hours of work 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: nla 12. ADDITIONAL CONDITIONS NAD NOTES • Contractor shall submit shop drawings showing solar panel support racking system and maintenance walkway no later than five (5) days after Special Conditions184 51 Saratoga Library Solar Project Construction Contract the date the City issues a Notice to Proceed. The shop drawings will show in detail the racking system, maintenance walkway including all connections to existing roof, new blocking, if required per Structural Drawings. The connection to the roof must be water -proof. The City will review the shop drawings and provide comments, if needed. The contractor shall revise the drawings to the satisfaction of the City. • Contractor shall select the portions of roof where the solar panels will be installed. Contactor shall incorporate all requirements as shown on the structural drawings attached to this Contract. • Contractor shall submit shop drawings for Inverter(s) outside the library including the enclosure to match existing library wall in the vicinity. Submit the material sample and paint sample to the City for approval. nhservi PG&E Greenbook clearance to existing structures. Provide a concrete pad and mounting frame for the inverters. o Contractor shall work with PG&E and to obtain the CSI rebate (EPBB or PBI to be determined), and to schedule and pass service connection and solar PV interconnection inspections. The Contractor shall complete all required documents for PG&E rebate and inspections. This includes all communication with PG&E to accomplish this task. • Contractor shall submit installation and maintenance manuals for Modules, Inverters, Combiner Panel, AC Disconnect switch to City and all required samples, product data, certificates, operations and maintenance instructions, and guarantees no later than five (5) days after the date the City issues a Notice to Proceed. • Contractor shall ensure all necessary permits and approvals for the Work have been obtained. City Building Permit (e.g. Electrical Permit) will be issued prior to work commencement. No fee will be charge for the City Building Permits. ® Existing obstructions on the roof. All existing vents, antennas and skylights will remain. Contractor shall install solar panels and maintenance walkway support system in such way that they will not interfere with existing objects on the roof. • Contractor is responsible for safety of all workers and subcontractors complying with all applicable rules and regulations. • Protect existing facilities and personal property. Special Conditions 52 185 Saratoga Library Solar Project Construction Contract • Contractor will remove from the project site all debris resulting from performance of the Work no Less often than daily or keep it in the enclosed area. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price. • The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment. • The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work. • Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior 10 covering up work. 13. 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. Contractor staff preparing schedules shall be qualified and experienced in. the scheduling method specified and capable of fulfilling the scheduling requirements of this section for the duration of the contract. The Engineer will meet with the Contractor to review and comment on the Contractor's Initial Schedule within five (5) days of its receipt. The Contractor will finalize and re -submit the schedule within five (5) days of the review meeting. Upon favorable review by the Director of Public Works, the Initial Schedule will become the project Baseline Contract Schedule. The Baseline Schedule shall not be revised without written approval of the City. CITY shall have the right to withhold progress payments from the Contractor at its discretion if the Contractor fails to finalize and obtain approval for the Baseline Contract Schedule within the prescribed period. Special Conditions 86 53 Saratoga Library Solar Project Construction Contract 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 up dated Schedule of the work at least once each month. The schedule shall be submitted no later than five (5) working days from the Notice to Proceed issuance date and shall be submitted both on paper and on disc. 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"). A CPM tabular report sorted by responsibility, early start date that includes Activity number, activity description, original duration, remaining duration, Special Conditions187 54 Saratoga Library Solar Project Construction Contract 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 shalt 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. Special Conditions188 55 Saratoga Library Solar Project Construction Contract 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 In the event the Contractor wishes to completework 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, Yeceive 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: A Time Extension Request notification letter with a detailed narrative justifying the time extension requested; 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 Special Conditions 56 189 Saratoga Library Solar Project Construction Contract 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 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. Special Conditions 57 Saratoga Library Solar Project Construction Contract STATEMENT OF EXPERIENCE AND QUALIFICATIONS Statement of Experience and Qualifications 58 191 Saratoga Library Solar Project Construction Contract CONTRACTOR'S EXPERIENCE AND QUALIFICATIONS The following statements as to the experience and qualifications of the bidder are to be submitted with the Contract Bid, as a part thereof. The bidder warrants that the information provided is true and accurate. The bidder has been engaged in the contracting business, under the present business name, for S years. Experience in work of a nature similar to that covered in the Bid extends over a period of 15 years. The bidder, as a contractor, has successfully completed at least two (2) projects of like magnitude, comparable difficulty and rates of progress to the work, including: (list two or more projects). Cc So l cd r toJ CT )1, j cor ear The bidder, as a contractor, has never failed to satisfactorily complete a contract awarded to the Contractor, except as follows: (name any and all exceptions and reasons therefor). i n'N/4 The bidder has satisfactorily completed the following contracts in the last three (3) years, for the owner indicated, and to whom reference is made (list five contracts). (Provide a contact person and telephone number for each project.) CONTRACT YEAR TYPE OF WORK AMOUNT CONTACT o t 2_ SoIGI- ? c e c „5 f ,QOO D t $: k it S9 111,7 86116 20 I� ter . I v - 1 SietA Ac- ,,� ctA �i.61000 �ean TTS 0,,,,159 31 t Wei Za t 1 lDeR'er ne,,T- Fisk Arm. c c(r c1 M o+►'`vin tort 23f6 2-0 to o P 1-1 .93 oo 0 30 5604 s7 T34/ a to 2.0 t 0 50Loy Fv - 170,i0 44'i hGA 36./ WO Mi iron C Cir 1 Statement of Experience and Qualifications 59 192 Saratoga Library Solar Project Construction Contract The names of all persons interested in the foregoing bids as principals are as follows: (NOTE: If Bidder or other interested person is a corporation, state the legal name of the corporation, along with the names of the president, secretary, treasurer, and manager thereof; if a general partnership, state true name of the firm, also the names of all individual partners composing the firm; if a limited partnership, the names of all general partners and limited partners; and if Bidder or other interested person is an individual, state first and last names in full.) f‘ ectoy eck.r\r‘ ee 1 V Contractor's License Number: [5-Z SI CIO �ZC License Renewal Date: ( 2 - act — (3 Statement of Experience and Qualifications 60 193 Saratoga Library Solar Project Construction Contract BID FORM Contract No. Bid Form 194 61 Saratoga Library Solar Project Construction Contract CONTRACT BID TO CITY OF SARATOGA FOR Saratoga Library Solar Project It 1 1�� Name of Bidder Rntlt' c& l foir/' �4 Slit COY t=- l iCof Business Address gc1 CLI�n^^Peiy15-tU T Telephone (;s9 (161- tOOand (ss-) 553 Z'k Facsimile (Ss`t) 321 56 -1 -- TO THE CITY COUNCIL OF THE CITY OF SARATOGA: CA 93). ei Pursuant to and in compliance with your Notice Inviting Bids for SARATOGA LIBRARY SOLAR PROJECT and the other Contract Documents relating thereto, the undersigned Bidder, being fully familiar with the terms of the Contract Documents, the current general prevailing wage rates, local conditions affecting the performance of the Project, the character, quality, quantities and scope of the work, and the cost of the work at the place of performance, hereby proposes and agrees, within the time stipulated in the Contract Documents, to furnish to the City of Saratoga all of the transportation, materials, equipment, tools, excavation, sheeting, shoring, bracing, supports, plant and other facilities, labor, services, permits, utilities, and other items necessary to conduct and complete said work, all in strict conformity with the Contract Documents, including Addenda Nos. I , , and ). on file in the Department of Public Works, City of Saratoga, for the total price ,of Tw_a Hundred'and -Twenty Thousand do tars ($220,000) and to provide the annual AC kilowatt hour production of the system of kiloWatt hour (9 t, kWh) . The bidders shall use CSI (Standard Solar Initiative) Standard PV EPBB calculator available at http:iiwww.csi-epbb.comidefault.aspx to calculate the production. See more details in Specifications. Pursuant to Labor Code Section 6705, if the work to be performed includes trenching or excavation more than five feet (5') in depth and the total contract price exceeds twenty-five thousand dollars ($25,000), the Contractor must submit and the Director of Public Works must approve in advance of excavation a Bid Form 62 195 Saratoga Library Solar Project Construction Contract detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Pursuant to Labor Code Section 6707, if the work to be performed includes trenching or excavation more than five feet (5') in depth, each bid must contain, set forth as a separate bid item, sheeting, shoring, and bracing or equivalent method for protecting workers. Sheeting, shoring or bracing: NA ($ O ) (All such costs are included in the total price set forth above.) dollars Bidder acknowledges receipt of the following addendum or addenda during the bidding period and represents that the information contained in the addendum or addenda has been considered in the preparation of this bid proposal: Addendum NOTE: failure to acknowledge receipt of all addenda may be considered an irregularity in the bid proposal. Bidder declares that the only persons or parties interested in this bid are those named herein, and that this bid is made without collusion with any person, firm or corporation. Bidder proposes and agrees, if the bid is accepted, that Bidder will. execute a contract with CITY, in strict conformity to the Contract Documents, in the form set forth in the Contract Documents, and will perform the entire work for the prices set forth in the attached Bid Schedule, upon which the award of contract is made. Bid Form 63 196 Saratoga Library Solar Project Construction Contract BONDS Bonds 64 197 Saratoga Library Solar Project Casa action Contrsat BID BOND KNOWN ALL • PERSONS. - BY THESE PRESENTS that, sa. Jonathan and Deanna Rector dba Central California Solar Electric • hereinafter- called the PRINCIPAL and an a -corporation duly organized under the Paws of the State of having- its principal Mace of business ' at PO Box 5_0_77. Ss.OUx Falls _rtsthe State of South Dakot nd authorized to do business in the State of California, . hereinafter call the SURETY, are held and .firmly hound_unto the City of Saratoga, hereinafter called the OBLIIGEE, ort order,. in the sum of twenty two thousand Dollars - ($ 22,000 )• (being at least ten percent (I 0%) of the total amount of PRINCIPAL 's bid) lawful money of the United Stares, .for the payment of which we bind ourselves;- our hers, exedutors, administrators, successors, and assigns, . jointly and severally, furry by these present, THE CONDITIONS OF THIS. OBLIGATION ARE SUCH THAT: WH-HEREAS, the . PRINCIPAL Inas submitted its Bid for the project entitled SARATOGA LIBRARY SOLAR"PROJECT -to the OBLIGEE, said Bid, by reference thereto; being hereby made a part hereof. - NOW, THEREFORE, if said Bid. is- rejected or,. in the alternative, if said Bid is. accepted and the .PRINCIPAL signs and, delivers a Contract and furnishes a Performance Bond and Payment Bond, in the form and within the time required by the Bid and the Contract.pocumenfs, then this obligation shall become null and void, .ot€teres -the s rne shall-rErriair>-.it full forceward-effect nd=upon----- default Of the PRIl'IC1PAL shall be forfeited to the OBLIGEE, it being expressly understood and -agreed that the liability of the SURETY for any:and_alLdefauft_of.� -- N.,_... -.. _ - -PRII GFP ti= `-`tj-re count- of this obliga art as Herein stated, as liquidated: -ra ges_ Such farfeitur'e and liquidated .damages under this bond shall be withocit pr judice to the OBLIGEE'S tight to pursue any excess actual damages from the PRINCIPAL for breach of contract or otherwise. The U[ ET s -for--a[ue- -received, - thereby agrees—that:-the • obtigatienS of said SURETYf acid -1s -b or d t a7I fiat be impaired or affected by any c ensiort of the time within which the OBLIGEE may accept such Bid, and the SURETY, hereby waiveS notice of any such ,extension. . In the -event suit is brought upon this. bond by the OBLIGEE and judgment is recovered, the SURETY shall pay in addition- to, the. sum set forth above, all - Bonds . Saratoga Library Soler Project Construction Contract assts incurred by the OBLIGEE in such suit, including reasonable attorney's fees and expert witness fees, to be fixed by the court. Signed this 2 g day of March , 2012 Jonathan .and Deanna Rector dba Central r'�l.ifornia Solar Electric PRINCIPAL BY Jo than Rector Western Surety Company SURETY 401100rdAgrAIMPP BY Sheralyn B.�ara G • Attorney-in-fact Note: Signature of person executing for SURETY must be notarized and evidence of corporate authority attached. Bonds 86 SDI Western Surety Company B1D BOND (Percentage) Bond Number: 71249021 KNOW ALL PERSONS BY THESE PRESENTS, That we Jonathan and Deanna Rector dba Central California Solar Electric of 1698 Champagne, Tulare, CA 93274 , hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto City of Saratoga of 13777 Fruitvale Avenue, Saratoga, CA 95070 hereinafter referred to as the Obligee, in the sum of Ten ( 10 %) percent of the greatest amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Saratoga Library Solar Project NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 29th day of March 2012 Form F5876 Jonathan and Deanna Rector dba Central California Solar Electric By (Principal) Western Surety Company By 200 (Surety) GIBS (Seal) Attorney -in -Fact Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No 71249021 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint SHERALYN BARBARA GIBSON its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Jonathan and Deanna Rector dba Central California Solar Electric Obligee: City of Saratoga Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations, Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of June 29 2012 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its corlwaNeal to be affixed this 29th day of March 2012 - rWere -LE4.);"��_ TV- 6g 4F-4247,,-/- __ =- F ST WO"PF Q1,akt TA `4.• ";tee= .ham COUNI t SS WEST R ► SURECOMPANY Paul T. Brufla#/Seuior Vice President On this 2 9th day of March , in the year 2012 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. D. KRELL + NorARnr Puet.ic s app i atary Public - South Dakota SOUTH DAKOTA s +440.44444ybtibbbb46ybb', {' My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 29th day of March 2012 Form F5396-9-2006 201 SURETY COMPANY Paul T. Bruilat/Scnior Vice President Acknowledgment of Principal ❑X Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA 55 COUNTY OF SACRAMENTO On d'-6 as r a -c1 a before me, personally appeared date here insert name and title of the o eer SHERALYN BARBARA GIBSON nameea) of signer( who proved to me on the basis of satisfactory evidence to be the personX whose name((4) is/ap4 subscribed to the within instrument and acknowledged to me that I/a ie h i executed the same in .Il slher/th lr authorized capacity(' s), and that by /her/th(r signature on the instrument the person(A, or the entity uponbehalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. Signature Va."- (Seal) KATRINA GUEVARA COMM. #1859131 !DTARY PUBLIC • CALIFORNIA SACRAMENTO COUNTY Comm. Exp. JULY 26, 2013 (The balance of this page is intentionally left blank.) Western Surety Company Form 1900.1.2008 202 Saratoga Library Solar Project Construction Contract FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Saratoga, California (hereinafter referred to as "Owner") and , (hereinafter referred to as "Contractor"), have entered into a written contract for furnishing of all labor, materials, equipment, transportation and services for the construction of the SARATOGA LIBRARY SOLAR PROJECT (hereinafter referred to as the "Construction Contract"); and WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond for the faithful performance of all terms and conditions of the Construction Contract; NOW, THEREFORE, Contractor, as principal, and (hereinafter referred to as "Surety"), as surety, are held and firmly bound unto Owner in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Performance Bond. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If Contractor timely performs each and every obligation under the Construction Contract, Surety and Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. Surety's obligation under this Performance Bond shall arise after: 3.1 Owner has declared a Contractor Default and has notified Contractor and Surety at its address described in Paragraph 10 below that Owner has declared a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than seven days after receipt of such notice to discuss methods of performing the Construction Contract; and 3.2 Owner has agreed to pay the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, to Surety in accordance with the terms of the Construction Contractor to a contractor selected to perform Bonds 203 67 Saratoga Library Solar Project Construction Contract the Construction Contract in accordance with the terms of the Construction Contract with Owner. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions: 4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4,3 Obtain bids or negotiated bids from qualified contractors acceptable to Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by Owner and the contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, incurred by Owner resulting from Contractor's Default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new Contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment thereof to Owner; or 2. Deny liability in whole or in part and notify Owner citing specific reasons therefor. 5. If Surety does not proceed as provided in Paragraph 4 within twenty days from receipt of the notice described in paragraph 3.1 (whether or not a conference has been held pursuant to paragraph 3.1), or such longer period upon which Owner and Surety may agree in writing, Surety shall be deemed to be in default on this Bond. if the Surety proceeds as provided in Subparagraph 4.4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 6. After Owner has declared a Contractor Default, and if Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Construction Contract, and the responsibilities of Owner to Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount Bonds 204 68 Saratoga Library Solar Project Construction Contract of this Performance Bond, but subject to commitment by Owner of the Balance of the Agreement Price to mitigation of costs and damages on the Construction Contract, Surety is obligated without duplication for: 6.1 The responsibilities of Contractor for correction of defective work, materials and equipment and completion of the Construction Contract; 6.2 Additional legal, design professional, construction management and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of Contractor. 7_ Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Construction Contract, and the Balance of the Agreement Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators or successors. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and d other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys' fees, to be taxed as an item of costs. 10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address, or sent via facsimile to the facsimile number, shown on the signature page. 11. DEFINITIONS 11.1 Balance of the Agreement Price: The total amount payable by Owner to Contractor under the Construction Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Construction Contract. 11.2 Construction Contract: The agreement between the Owner and the Contractor identified on the first page of this bond, including all Contract Documents and changes thereto. Bonds 69 205 Saratoga Library Solar Project Construction Contract 11.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. CONTRACTOR, as Principal By: Its: SURETY By: Its: Address: Address: FAX: FAX: Note: Signatures of those executing for Surety must be properly acknowledged. The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond. Bonds 70 206 Saratoga Library Solar Project Construction Contract LABOR AND MATERIALS PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Saratoga, California (hereinafter referred to as "Owner") and (hereinafter referred to as "Contractor"), have entered into a written contract for furnishing of all labor, materials, equipment, transportation and services for the construction of the SARATOGA LIBRARY SOLAR PROJECT (hereinafter referred to as the "Construction Contract"); and WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond to secure payment for all work, labor, materials, equipment or services furnished in connection with the Construction Contract; NOW, THEREFORE, Contractor, as principal, and (hereinafter referred to as "Surety"), as surety, are held and firmly bound unto Claimants, as defined herein, in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Payment Bond. 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for work, labor, materials, equipment, services, or other items furnished for use and actually used in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds Owner harmless from claims, demands, Iiens or suits by any person or entity whose claim, demand, lien or suit is for the payment for work, labor, materials, equipment, services or other items furnished for use in the performance of the Construction Contract, provided Owner has promptly notified Contractor and Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety. Bonds 71 207 Saratoga Library Solar Project Construction Contract 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described below) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Payment Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, as required by and conforming with Civil Code Sections 3252 and 3091; and .2 Not having been paid within thirty (30) days of sending the required notice, have sent a written notice to Surety (at the address described below) and sent a copy to the Owner, stating that a claim is being made under this Payment Bond and enclosing a copy of the previous written notice furnished to Contractor. 5. When the Claimant has satisfied the conditions of Paragraph 4, Surety shall promptly and at Surety's expense take the following actions: 5.1 Send an answer to the Claimant, with a copy to Owner, within 20 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 5.2 Pay or arrange for payment of any undisputed amounts. 6. Surety's total obligation shall not exceed the amount of this Payment Bond, and the amount of this Payment Bond shall be credited for any payments made in good faith by Surety. 7. Amounts owed by Owner to Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under the Performance Bond. By Contractor furnishing and Owner accepting this Payment Bond, they agree that all funds earned by Contractor in the performance of the Construction Contract are dedicated to satisfy obligations Bonds 72 208 Saratoga Library Solar Project Construction Contract of Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work or the satisfaction of Owner's claims, including liquidated damages, under the Construction Contract. 8. Surety shall not be liable to Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. Owner shall not be liable for payment of any costs or expenses of any Claimants under this Payment Bond, and shall have under this Payment Bond no obligation to make payments to, give notices on behalf of, or otherwise have any obligation to Claimants under this Payment Bond. 9. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys' fees, to be taxed as costs. 11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page. 12. This Payment Bond has been furnished to comply with Civil Code Sections 3247 through 3252. Any provision in this Payment Bond conflicting with those statutory requirements shall be deemed deleted and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Payment Bond shall be construed as a statutory bond and not as a common law bond. .13. Upon request by any person or entity appearing to be a potential beneficiary of this Payment Bond, the Contractor shall promptly furnish a copy of this Payment Bond or shall permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An individual or entity identified in California Civil Code Sections 3181 or 3248. Bonds 73 209 Saratoga Library Solar Project Construction Contract 14.2 Construction Contract: The agreement between Owner and Contractor identified above, including all Contract Documents and changes thereto. CONTRACTOR, as Principal By: Its: SURETY By: Its: Address: Address: FAX: FAX: Note:. Signatures of those executing for Surety must be properly acknowledged. The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond. Bonds 210 74 Saratoga Library Solar Project Construction Contract CONTRACT FOR CONSTRUCTION SARATOGA LIBRARY SOLAR PROJECT Contract for Construction 21 Saratoga Library Solar Project Construction Contract THIS CONTRACT FOR CONSTRUCTION is made and entered into this _ day of , 20_, by and between the City of Saratoga, a municipal corporation (herein called CITY) and a California corporation, a partnership or an individual (circle one) located at , herein called Contractor. RECITALS A. WHEREAS, the City has caused to be prepared in the manner prescribed by Iaw, 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: full payment • CITY agrees to pay, and the Contractor agrees to accept, in for the above work, the sum of dollars Documents. ) to be paid in accordance with the Contract (2) COMPLIANCE WITH LAW: CITY is a public agency. All provisions of Iaw 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 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 Contract for Construction 76 212 Saratoga Library Solar Project Construction Contract Statement of Experience and Qualifications Bid Form Contract Proposal, Faithful Performance Bond Labor and Materials Payment Bond Contractor's Certificate Regarding Worker's Compensation Certificate of Insurance and Endorsements, Affidavit Concerning Conflicts of Interest and Noncompetitive Practices Fair Employment Practices Certificate General Conditions, Special Conditions and Attachments thereto, State of California Department of Transportation Standard Plans and Specifications, current year Plans and Specifications as follows: • Michael Mora, SOLectric Electrical, dated 02/26/2012 • Structural Sheets S.1 and S.2 prepared by TKJ Structural Engineering, dated 12/20/2011 • Saratoga Library Phase II Construction Documents, 196 sheets (provided on a CD). and 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. (4) 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 Contract for Construction 77 213 Saratoga Library Solar Project Construction Contract (5) 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. NOTICES. Any notices to be given hereunder by either party to the other may be effected either by personal delivery, fax or mail. Mail shall be sent registered or certified, postage pre -paid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses set forth below, but each party may change its address by written notice in accordance with this paragraph. Notices delivered personally shall be effective immediately. Notices sent by mail shall be effective one (1) day after mailing. Notices sent by facsimile shall be effective upon transmission to the number set forth below. CITY OF SARATOGA CONTRACTOR Public Works Director City of Saratoga 13777 Fruitvale Ave. Saratoga, CA 95070 (408) 868-1239 (6) 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 SARATOGA LIBRARY SOLAR 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. (7) 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. (8) Time of the Essence. Time is of the essence in this contract. Contract for Construction 78 214 Saratoga Library Solar Project Construction Contract (9) Controlling Law. This contract and all matters relating to it shall be governed by the laws of the State of California. (10) 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. Contract for Construction 215 79 Saratoga Library Solar Project Construction Contract This Agreement is executed by CITY upon approval by the Council at its regular scheduled meeting of , and the Contractor has caused this Agreement to be duly executed. CITY OF SARATOGA: CONTRACTOR: (Contractor Signatures must be Notarized) BY: Dave Anderson City Manager Date: BY: PRINT NAME TITLE: ATTEST: Contractor's License No: Date: APPROVED AS TO FORM: Richard Taylor City Attorney License Expiry Date: Date: Contract for Construction 80 216 Saratoga Library Solar Project Construction Contract REQUIRED CERTIFICATIONS Contract No. Required Certifications 81 217 Saratoga Library Solar Project Construction Contract Bidders Checklist All forms must be properly signed and returned with Bid, Statement of Experience and Qualifications Bid Form Bid Surety Certificate Regarding Workers Compensation Non Collusion Affidavit Proposed Major Material Suppliers Proposed Subcontractors Affidavit Concerning Conflicts of Interest and Noncompetitive Practices Fair Employment Practices Certificate Contractor's Response Form Certification Concerning Control of Employee of Contractor Required Certifications218 82 Saratoga Library Solar Project Construction Contract CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION Contract with the CITY OF SARATOGA, for the construction of: SARATOGA LIBRARY SOLAR PROJECT Labor Code Section 3700 provides in relevant part: "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers, duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self - insure either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees. " I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Dated: MQ,%tck 2S1 , 20 a - (Contractor) By �er.ero� l PQt tn.e r* (Official Title) (SEAL) re.-` Note: Labor Code Section 1861, provides that the above certificate must be signed and filed by the Contractor with CITY prior to performing any work under this contract. (Contractor Signatures must be Notarized) Required Certifications219 83 JURAT 4 4 4 4 State of California 4 4SS. � 441, County of 4 L -I 4 Subscribed and sworn to (or affirmed) before me on this -Ail' day of 14 (-LYCI , 20 )Z, by t 3 ..0 -Z' , proved to me on the basis of satisfactory evidence 4 4 4 4 4 4 to be tl s) who appeared before me. 4 4 4 4 4 4 4 4 4 4 4 4 SHARON O. SHIMAN ''' ' NOTARY PUBLIC - CALIFORNIA TULARE COUNTY Mr Cantu. Exp. APR. 12, 2413 4 4 4 4 4 4 4 4 4 4 4 4 4 4 s Comm .# 844341 4 4 4 4 However,it valuable and could prevent fraudulent attachment 4 DESCRIPTION OF ATTACHED DOCUMENT 4 4 4 4 4 4 PLACE NOTARY SEAL IN ABOVE SPACE NOTARY'S OPTIONAL INFORMATION 4 The information below is optional. may prove V 4 4 of this form to an unauthorized document. 4 4 4 4 4 4 4 4 CAPACITY CLAIMED BY SIGNER (PRINCIPAL) INDIVIDUAL 1111 CORPORATE OF't-ICER PARTNER(S) 0 Ali ORNEY IN -FACT 1111 TRUS 1'EE(S) 0 GUARDIAN/CONSERVATOR 1111 OTHER: 4 4 4 4 4 4 4 4 4 4 4 4 4 TITLE(S) 4y TITLE OR TYPE OF DOCUMENT 4 4 4 NU BER OF PAGES DATE OF DOCUMENT 4 4 4 4 4 4 4 ABSEI'T SIGNER (PRINCIPAL) IS REPRESENTING: NAS u- PERSONS) ORENTITY(IES) RIGHT THUMBPRINT OF SIGNER OTHER 4 -41.--4P-0- -0- -0- 4'--4.4-4--0--40-4-40--4-0-4 7 011300E NOTARY BONDS, SUPPLIES AND FORMS ATIITTP:/f W WW-VALLEY-SIERRA.COM © 2005-2008 VALLEY -SIERRA INSURANCE 220 Saratoga Library Solar Project Construction Contract NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: Sdtw1i I am the ?WetneY of Cer -Ockl C:,.II1(il" , the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on 3/z9/L Z [date], at Tu [city], CA [state]. Signed: Bidder's Name: Name: Required Certifications 84 221 JURAT 4 44 4 State of California SS 44 4 County of Ut� - 4 4 and sworn to (or affirmed) before me on this 70'` day of , 20 {�`' by 4 4 Subscribed QC , proved to me on the basis of satisfactory evidence 4 4 4 4 4 to be e perso s) who appeared before me. 4 4 44 4 4 4 4 44 4 4 4 4 4 4 4 44 4 4 4 4 4 44 4 SHARON 0. Sh1iMAN 4 '/)4 ("11%COMM. # 1844341 m4 ENOTARY PUBLIC•CALIFORRIA v, NOTARY'S SIGNATURE TULARE COUNTY "' 4 MY Con E. APR. 12, 2013 ' 4 4 4 44 PLACE NOTARY SEAL IN ABOVE SPACE 44 OPTIONAL INFORMATION 4 4 The information below is optional. However, it may prove valuable and could prevent fraudulent attachment 4 4 of this form to an unauthorized document. 4 4 CAPACITY CLAWED BY SIGNER (PRINCIPAL) DESCRIPTION OFATTACHFD DOCUMENT 4 0 INDIVIDUAI, 4 ,, 4 CORPORATE, OFrICER TITLE(s) 4 ❑ PARTNER(S) [] ATTORNEY-IN-FACT 4 TRUSTEE(S) GUARDIAN/CONSERVATOR : OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT 4 4 44 4 44 4 44 4 O4 THER 4 4 4 4 ABS1NT SIGNER (PRINCIPAL) IS REPRESENTING: RIGHT 4 4 NAIvME C-,,:'P�oN(S) ORENTTrY(TS) THUMBPRINT 4 4 OF 4 4 SIGNER 4 4 4 4 4 4 4 I 01/2008 NOTARY BONDS, SUPPLIES AND FORMSATIITYP:ffWWW.VALLEY-SIBRRA.COM m2005-2008 VA7.I_.EYSIERRAINSURA.NCE 222 Saratoga Library Solar Project Construction Contract PROPOSED MAJOR MATERIAL SUPPLIERS The bidder is required to furnish the following information on major materials and manufacturers. No changes will be allowed in materials or manufacturers without the prior approval of CITY. 1. C E-0 IcxvC 2. &cV �eCU1— 3. 4. 5. 6. 7. 8. Signature of Bidder 3--2.3 (Z Date Required Certifications 223 85 Saratoga Library Solar Project Construction Contract PROPOSED SUBCONTRACTORS Pursuant to the Subletting and Subcontracting Fair Practices Act (Public Contract Code Sections 4100 et seq.), the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater. Additional supporting data may be attached to this page. Each page shall be sequentially numbered, headed "Proposed Subcontractors" and shall be signed. NAME BUSINESS DESCRIPTION AND % OF ADDRESS COST OF WORK WORK After the award of contract, substitutions of the above -listed proposed subcontractors may only be made with the prior approval of CITY in accorda ce with: ublic Contract Code Section 4104. Signature of Bidder Date Required Certifications 224 -z8- IZ 86 Saratoga Library Solar Project Construction Contract AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND NONCOMPETITIVE PRACTICES State of t fOi"n iCt ) ss County of Tu A. Conflict of Interest. That the Contractor by entering into this contract with CITY to perform or provide work, services or materials to CITY has thereby covenanted, and by this affidavit does again covenant and assure that it has no direct or indirect pecuniary or proprietary interest, and that it shall not acquire any such interest, which conflicts in any manner or degree with the services required to be performed under this contract and that it shall not employ any person or agent having any such interest. In the event that the Contractoror its agents, employees or representative hereafter acquires such a conflict of interest, it shall immediately disclose such interest to CITY and take action immediately to eliminate the conflict or to withdraw from this contract, as CITY may require. B. Contingent Fees and Gratuities. That the Contractor, by entering into this Contract with CITY to perform or provide services or material for CITY has thereby covenanted, and by this affidavit does again covenant and assure: 1. That no person or selling agency except bona fide employees or designated agents or representative of the Contractor has been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage or contingent fee would be paid; and 2. That no gratuities, in the form of entertainment, gifts or other, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of CITY or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. 3. That no contracts of communication or lobbying efforts were made by Contractor, its agents or officer with any member of the Council, any board or commission, or the staff of the City of Saratoga with regard to this process. Required Certifications 87 225 Saratoga Library Solar Project Construction Contract Company Name By 5 Rzec.7ri r Title Pftev ,A, Peo'T SLC jr Subscribed and Sworn to before me �Z ' This day of A , 20 f Notary Public in and for State of ti IDY1"•4e,1 residing at 6 -cc G CA— Sc LL.kz1-1 Required Certifications 88 226 TURAT 4-0-4.--#-06-4,--4.-..--.0--##-.Ftp 4-4-4-$4-f#--0-0--#-.0-4-4-4-0-4-4--.0--0--..--#--#--0--# -0-4-4-4$-fit-0-- m -0, -40--0-0-0-4 T 4 4 a State of California 4 4 SS. � 7 County of 1 t.(— 4 a 4 '20(�b 4 Subscribed and sworn to (or affizTned) before me 011 t1 s Z day of y 4 4 1L� Q . _ G--�Q�' �—� ; droved to me on tLze basis of satisfactory evidence a 4 44 to be th perso (s) who appeared before me. 4a 4 4 4 4 44 4 4 44 4 4 4 4 44 4 / 4 4 / 4 44 S4 HARON HIMA4 N 1 4 0, S 4 :-. COMM.# 1844341 mNOTARY PURIM -CALIFORNIA VI ' TULARE COUNTY NOTARY'S SIGNATURE tiii MY Comm. Exp, APR, 12, 29i4 4 4 4 444 4 4 PLACE NOTARY SEAL IN ABOVE SPACE 4‘Ty INFORMATION 4 OPTIONAL 11�11' O a a The information below is optional. However, it may prove valuable and could prevent fraudulent attachment 4 4 of this form to an unauthorized document. CAPACITY CLAIlVIED BY SIGNER (PRINCIPAL) DESCRIPTION OFATCHT D DOCUMENT 4 4 4 I I1.'LE OR TYPE OF DOCUMENT 4 4 4 4 4 4 44 4 4 TA {, 4 4 4 4 4 4 4 44 4 4 4 4 4 4 a 4 ASS�1 �iT SIGNER {PRINCIPAL) IS REPRI;SI NTING. RIGHT 4 D INDIVIDUAL 4 CORPORATE O1-1ICER El PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIANICONSERVATOR fl OTHER: TITI,E(5) N KI3ER OF PAGES DATE OF DOCUMENT OTHER 0 br a 4 NAME C' PERSON(S)ORENTITY(¢S) i THUMBPRINTOF . 4 5 4 SIGNER o 4 a p p 4 4 5 4 4 101/2005 NOTARY BOND S,SUPPLIES AND FORMS T TTP:iPWVW.VALLEY-SIERRA.COM ®2005 -? 8 2005-2.0o R. Saratoga Library Solar Project Construction Contract FAIR EMPLOYMENT PRACTICES CERTIFICATE In connection with the performance of work under this contract, the Contractor agrees as follows: 1. The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religious creed, ancestry, national origin, age, sex, sexual orientation, physical disability, mental disabilities, marital status, or medical condition as defined in Government Code Section 12926. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, ancestry, national origin, age, sex, sexual orientation, physical disability, mental disability, marital status, or medical condition as defined in Government Code §12926. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will send to each labor union or representative of worker with which it has a collective bargaining agreement or other contract or understanding, a notice, advising the said labor union or worker's representative of the Contractor's commitments under this section; and the Contractor shall post copies of the notice in conspicuous places available to employees and applicants for employment. 3. The Contractor will permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by the Fair Employment Practices Commission, CITY or any other appropriate agency of the State of California designated by CITY, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 4. A finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment Practices Act shall be regarded by CITY as a basis for determining the Contractor to be not a "responsible Contractor" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre - qualification rating, if any, and for refusing to establish, re-establish or renew a pre - qualification rating for the Contractor. CITY shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Government Code §12970 or obtained a court order under Government Code §12973. Required Certifications 228 89 Saratoga Library Solar Project Construction. Contract 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 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 Required Certifications229 90. Saratoga Library Solar Project Construction Contract 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, is not required. However, each Contractor and subconsuitant shall preserve their weekly payroll records for a period of three (3) years from the date of completion of this contract. b. The payroll records shall contain the name, address and social security number of each employee, his/her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. c. The Contractor shall make its payroll records available at the project site for inspection by CITY and shall permit CITY to interview employees during working hours on the job. The following certification is to be executed by every Contractor and enclosed and forwarded in a sealed envelope containing the bid. The person signing the certification shall state his/her address and official capacity. Required Certifications 230 91 Saratoga Library Solar Project Construction Contract FAIR EMPLOYMENT PRACTICE CERTIFICATION The undersigned, in submitting a bid for performing the following work by contract, hereby certifies that the Contractor will meet the above standards of affirmative compliance with the Fair Employment Practices Act. €(0€(01frA of t lfoSlow 172 t cry C (Type) PROPOSING COMPANY SIGNATURE TI_ector (Type) NAME OF SIGNER Ge ctver-neY (Type) TITLE ['t® chookPoty e._ (Type) T e NUMBER AND STREET pkv CA— (Type) CITY STATE ZIP CODE C/6 100 (Type)TELEPHONE Required Certifications 231 92 Saratoga Library Solar Project Construction Contract CONTRACTORS RESPONSE FORM Contractors Declarations and Statement of Understanding The undersigned (hereinafter called the "Contractor") declares that he/she has read the Notice Inviting Bids and has authority to submit the following. The Contractor understands that, in addition to this Response Form, the Information for Bidders and Contractor's supporting documents constitute parts of the contract and are incorporated herein by reference. Contractor acknowledges that Addenda numbers 1 through have been delivered and have been taken into account as part of the Agreement, and that all addenda issued are hereby made part of the Agreement. Contractor hereby designates �C�"ILui" as the person to contact for additional information. (Telephone No: 5-c1 5 53 2-90`2-- Fax No: 55-4 32 t e-mail Address: 3 yeurov e CC so t (AH, r. -f ) Internal Revenue Service (IRS) Reporting Requirements Check one: Corporation; Partnership; Sole Proprietor; Other: Identify: State of Incorporation: Provide one: Federal Tax Number Social Security Number What is the official name registered with the IRS for this number 4'ATV011 Cc, f i-Fo G Veen eC9•- 'vc4,b. C-eni-kitt I ect (Ccort ; --0.n 57'ier,cibr l Clio.p..Pare Firm Name: Address: City, State, Zip Phone Number Authorized Signature e- 5 -C9 z(6 1OOF Required Certifications 93 232 Saratoga Library Solar Project Construction Contract CITY OF SARATOGA A CERTIFICATION CONCERNING CONTROL OF EMPLOYEES OF CONTRACTOR The Contractor, by entering into this Agreement with CITY to perform or provide work, services or materials to CITY, does hereby certify and assure that in performing the services under this Agreement, the Contractor shall act as an independent Contractor and shall have full control of the work and Contractor's employees. Contractor and its employees in no circumstances whatsoever shall imply or be deemed an agent(s) or employee(s) of CITY. Contractor's employees in no circumstances shall be entitled to part of any pension plan, insurance, bonus or any similar benefits which CITY provides its own employees. Any infraction of this Certification shall be cause for termination of this Agreement. Signed Title Date 319458.1 Authorized Representative of Bidder &e_A P Vcx( Cti r171 %' Required Certifications 94 233 SARA 41111 -.1 Ptio;' ., rrliia 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 ft /.IFOR•! Iru rpoiaied X22,1956 CITY OF SARATOGA CITY OF SARATOGA, CALIFORNIA ADDENDUM NO. 1 FOR SARATOGA LIBRARY SOLAR PROJECT COUNCIL MEMBERS: Manny Cappello Jill Hunter Emily Lo Howard Miller Chuck Page Attached is Addendum No. 1 which consists of: - This cover sheet. - Addendum No. 1. Each bidder must acknowledge receipt of this Addendum by making a note on the page 62 of the bid documents. 234 ADDENDUM No. 1 March 15, 2012 CITY OF SARATOGA SARATOGA LIBRAY SOLAR PROJECT Mandatory site walk changes: New mandatory site walk is scheduled for Thursday March 22, 2012 at 2:00 pm at Saratoga Library located at 13650 Saratoga Avenue, Saratoga, CA 95070. Requests for equals/clarifications chan2es: New request for equals/clarifications deadline is Monday March 26, 2012 at noon Bid opening chan2es: New bid opening is scheduled for Thursday March 29, 2012 at 10:00 am in City of Saratoga City Hall located at 13777 Fruitvale Avenue, Saratoga, CA 95070 All the bid documents including this Addendum No. 1 are available for downloading from the City of Saratoga web site at www.saratoga.ca.us under What's New - Bids & RFPs http://www.saratoga.ca.us/services/bids.asp Iveta Harvancik, Senior Engineer, City of Saratoga, (408) 868-1274, iharvancik@saratoga.ca.us End of Addendum No. 1. 235 SARA 41111 -.1 Ptio;' ., rrliia 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 ft /.IFOR•! Iru rpoiaied Clipber22,1956 CITY OF SARATOGA CITY OF SARATOGA, CALIFORNIA ADDENDUM NO. 2 FOR SARATOGA LIBRARY SOLAR PROJECT COUNCIL MEMBERS: Manny Cappello Jill Hunter Emily Lo Howard Miller Chuck Page Attached is Addendum No. 2 which consists of: - This cover sheet. - Addendum No. 2. Each bidder must acknowledge receipt of this Addendum by making a note on the page 62 of the bid documents. 236 ADDENDUM No. 2 March 27, 2012 CITY OF SARATOGA SARATOGA LIBRAY SOLAR PROJECT Alternate location of Inverters/Combiners: Attached is a schematic drawing showing alternate location for Combiner(s) and Inverter(s) and notes regarding the structural support of the equipment. The equipment, if proposed on the roof, must not be visible from the ground level. Walkways — alternate scope of work: Item No. 27 of Specifications, page 16 of 16 of Specifications. The Contractor can select an option to remove existing wood shakes under the proposed array and three (3) feet around the array and replace the roof with asphalt composite shingle roof. If the Contractor selects this option, the new walkway is NOT necessary. The Contractor is responsible for installation of all flashing necessary to waterproof all transitions between the existing and new sections of the roof. All roof repairs to transition areas between the existing and new roof sections within five (5) years from the issuance of the Notice of Completion shall be responsibility of the Contractor. The color of the new roofing material shall match existing roof as much as possible. A sample tile of the new roofing material shall be submitted to the City for approval. Production Guarantee: Production Guarantee as described in item No. 1 of Overview in Specifications (page 1 and 2 of 16 of Specifications) is NOT required. There is no change in Item No. 23 — Data Acquisition System. Bid opening — NO CHANGE: Bid opening is scheduled for Thursday March 29, 2012 at 10:00 am in City of Saratoga City Hall located at 13777 Fruitvale Avenue, Saratoga, CA 95070 All the bid documents including this Addendum No. 2 are available for downloading from the City of Saratoga web site at www.saratoga.ca.us under What's New - Bids & RFPs http://www.saratoga.ca.us/services/bids.asp Iveta Harvancik, Senior Engineer, City of Saratoga, (408) 868-1274, iharvancik@saratoga.ca.us End of Addendum No. 2. 237 238 I-IEI_I) POI_I n n n n T 7 7 7 7 1E> 11 n 7 n �} T 7 ASChitecture sine St.Sarcoma s San Frandsco Ca .1.015 .788 cr E 615 788 .6650 1 ® :11[ I._ 11 11 l / A � n SARATOGA LIBRARY g� Efavr U�O, "-:1 ES 1 .o mel r Imo !� 1 leh.oaY 11121 �. ,i / ®© v . Ali . vICI I Sammy Callon& m o SLI._. 1_ o 0 I milk �_ ■._._ P lir 0- II =OEM, 2031 nx ka 0 1 ® __ Q •� j / i � ombiners Inverter() 4ction �� Mil ., ocation itil 1i IIIIIIIIIII�III10000I�1 j o FI �ott_ 00 I 8' j f \\ LAI - RNOPPLAN Ali f b. v� ®. oBa, A2.2B -„ ROOF PLAN - AREA S i���'�"'"' naw naw. 238 opoit MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 4, 2012 City Manager's Office Richard Taylor City Attorney AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: SUBJECT: Resolution Amending the City of Saratoga's Conflict of Interest Code RECOMMENDED ACTION: Adopt resolution amending the City of Saratoga's Conflict of Interest Code. BACKGROUND: The Political Reform Act requires each City and other local agencies to adopt a Conflict of Interest Code (Code) and to periodically review and update the Code. The City's existing Code was last amended by resolution 10-055 in September 2010. Since the adoption of the resolution, the City Attorney has reviewed the City's Designated Employees List (employees, commissioners, and committee members, and consultants subject to the provisions of the Code), which is attached as an appendix to the Code, and is recommending that it be updated. The purpose of financial disclosure is to alert public officials to personal interests that might be affected while they are performing their official duties by making governmental decisions and to help inform the public about potential conflicts of interest. The Political Reform Act requires that the Code list all positions that involve making or participating in making decisions that could have a material effect on any financial interest. This includes making substantive recommendations that are regularly approved without significant amendment or modification as well advising or making recommendations to a decision -maker directly or without significant intervening substantive review. Proposed modifications to the current list of positions covered by the Code would include: ➢ Adding the following employee classifications from the Recreation Department: Facilities Supervisor and Senior Recreation Supervisor ➢ Adding the following employee classifications from the Community Development Department: City Arborist ➢ Adding the following employee classification from the Public Works Department: Associate Engineer ➢ Adding the Pedestrian, Equestrian & Bicycle Trails Advisory Committee Page 1 of 2 239 ➢ Removing the Youth Commission ➢ Moving the position of Human Resources Manager from the City Manager's Department to the Administrative Services Department and removing the position of Assistant City Manager. The attached resolution would amend the City's Code by requiring additional staff members to annually file a Form 700 — Statement of Economic Interest. These designated positions are those City officials who make or significantly participate in the making of governmental decisions. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City's conflict of interest code would not be updated to reflect current City practices. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Proposed Resolution Page 2 of 2 240 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 10-055 BY ADDING TO THE LIST OF DESIGNATED EMPLOYEES, DELETING SPECIFIC POSITIONS, AND RELOCATING SPECIFIC POSITIONS IN THE DESIGNATED EMPLOYEE EXHIBIT TO THE CITY'S CONFLICT OF INTEREST CODE WHEREAS, the City of Saratoga's Conflict of Interest Code (Code) was adopted by Resolution No. 01-011 on February 21, 2001 and adopted by reference the Fair Political Practices Commission ("FPPC") Model Conflict of Interest Code set forth at Title 2, section 18730 of the California Code of Regulations; WHEREAS, the Political Reform Act requires periodic review of the Code and the Code has been updated on a regular basis, most recently by Resolution 10-055 in 2010; and WHEREAS, the City has completed its review of the Code for 2012 and determined that several additional positions should be added to the list of designated positions subject to the Code, one position should be deleted from that list, and one position relocated on the list. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby amend Resolution 01-11 to replace Exhibit "B" with the List of Designated Position attached hereto. The above and forging resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the _ day of _ 2012 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Crystal Morrow, City Clerk 241 Chuck Page, Mayor City of Saratoga Conflict of Interest Code EXHIBIT B — List of Designated Positions DESIGNATED POSITIONS City Manager's Office City Clerk Public Works Department Public Works Director Public Works Manager — Parks Public Works Manager — Streets and Fleet Senior Civil Engineer Associate Engineer DISCLOSURE CATEGORY A through F A through F Community Development Department A through F Community Development Director Building Official Senior Planner City Arborist Recreation Department A through F Recreation Director Facilities Supervisor Senior Recreation Supervisor Administrative Services Department A through F Administrative Services Director Information Technology Administrator Human Resources Manager Commissions & Committees A through F Heritage Preservation Library Parks and Recreation Planning Traffic Safety Pedestrian, Equestrian & Bicycle Trails Hakone Foundation Board of Directors A through F (only those investments, business positions, and sources of income of the type which engage in business with the Hakone Foundation; and interests in real 242property within a two-mile radius of any Consultants City Geotechnical Consultant City Surveyor Other Consultants* property owned or used by the Hakone Foundation) A through F (only those investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two-mile radius of any property owned or used by the City of Saratoga) A through F (only those investments, business positions, and sources of income of the type which engage in land development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two-mile radius of any property owned or used by the City of Saratoga) *Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall by retained for public inspection in the same manner and location as this Conflict of Interest Code. KEY TO DISCLOSURE CATEGORIES Category A-1: Category A-2: Category B: Category C: Category D: Category E: 316465.1 Investments less than 10% ownership Investments greater than 10% ownership Real Property Income and Business Positions Income - Loans Income — Gifts — Travel Payments 243