Calistoga City Council
February 21, 2023

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council - Regular Meeting
Tuesday, February 21, 2023 - 6:00 PM
Calistoga Community Center
1307 Washington Street, Calistoga, CA 94515
Hybrid

* COVID-19 NOTICE *
This Meeting Will Be Conducted Pursuant To The Provisions Of Government Code Section 54953 (As Amended By AB 361) Which Authorizes Teleconferenced Meetings Under The Brown Act During Certain Proclaimed States Of Emergency. The Governor Of California Proclaimed A State Of Emergency Related To COVID-19 On March 4, 2020. This Teleconferenced Meeting Is Necessary So That The City Can Conduct Essential Business And Is Permitted Under Government Code 54953 In Order To Protect Public Health And Safety Of Attendees.

City Councilmembers and staff essential to this meeting will be present at the meeting or may teleconference into the meeting.

Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered as shown below:

1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)

2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201

3. Watch or participate online via Zoom - click this link and enter password: 123201

4. Watch online via YouTube Live at youtube.com/cityofcalistoga

5. Attend in-person
COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. In Person: Fill out a Speaker Card and provide to the City Clerk before the meeting begins. Virtual (Zoom): click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted. Instructions for how to "Raise Your Hand" are available at: https://support.zoom.us/hc/en-us/articles/205566129-Raise-Hand-In-Webinar.

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. To ensure the City Council receives your written comments prior to taking action, they must be received by 2:00 p.m. on the day of the meeting. All written comments received by this deadline will be provided to the City Council and posted online in advance of the meeting. Comments received after the 2:00 p.m. deadline will be provided to the City Council and included with supplemental materials after the meeting. No written comments will be read verbally at the meeting. The City of Calistoga thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. Note: The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.

Page

1. CALL TO ORDER – ROLL CALL - SALUTE TO THE FLAG

2. REPORT FROM CLOSED SESSIONS

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda.

Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.

4. ADOPTION OF MEETING AGENDA

5. CITY MANAGER’S REPORT

6. PROCLAMATIONS/PRESENTATIONS/ AWARDS

6.1. Updating the City Council on the Capital Improvement Program Schedule Tracking for FY22/23.

Recommended Action: No action by the City Council necessary, just receive the presentation.

Staff Report - CIP Update - Pdf
5 - 13

7. CONSENT CALENDAR

7.1. Consider adopting a Resolution confirming the Mayor's Appointment of Melinda Mendoza to ATAC.

Recommended Action: Consider adopting the Resolution.

Staff Report - Appointment to the Active Transportation Advisory Committee (ATAC) - Pdf
14 - 20

7.2. 1. Authorizes the City Manager to award a construction contract in an amount not to exceed $2,132,578 to ABM Electrical & Lighting Solutions, Inc. to construct the Emergency Backup Generator Project.

2. Approves a Budget Adjustment in the amount of $248,004 and authorizes the Public Works Director to submit a request to FEMA for additional grant funding and sign an updated match commitment letter to CalOES indicating Calistoga will fund 25% or $533,145 of the $2,132,578 project cost.

3. Directs staff to issue a notice of award to ABM Electrical & Lighting Solutions, Inc. and otherwise administer the Project.

4. Waives any informalities or irregularities in ABM Electrical & Lighting Solutions, Inc. bid.

Recommended Action: Consider adopting Resolution.

Staff Report - Construction Contract Award to ABM Electrical & Lighting Solutions, Inc., Authorization to Request Additional Grant Funding and Submit - Pdf
21 - 189

7.3. Consider affirming Resolution 2021-071 findings related to the state of emergency due to COVID-19 authorizing the City Manager to continue 190 - 195

implementing teleconference accessibility to conduct public meetings pursuant to Assembly Bill 361.

Recommended Action: Staff recommends the City Council affirm Resolution 2021-071 findings in accordance with the provisions and findings of AB 361 to continue virtual/teleconference meetings of the City Council and City Boards, Commissions, and Committees after September 30, 2021.

Staff Report - Affirm Resolution No. 2021-071 Allowing Teleconferenced Public Meetings Pursuant to Assembly Bill 361 (AB 361) - Pdf

8. PUBLIC HEARING

8.1. Consideration of an ordinance amending the Calistoga Municipal Code (CMC) to include new regulations governing the use of reusable and disposable foodware to encourage waste reduction within the City of Calistoga (City).

Recommended Action: Conduct a Public Hearing and introduce the attached draft Ordinance and waive its first reading.

Staff Report - Municipal Code Amendments Regulating Reusable Foodware and Waste Reduction - Pdf
Item 8.1 - Public Comments - Redacted
Item 8.1 - PowerPoint Foodware Waste Reduction - 1st Reading Item 8.1 Supplemental Public Comment - Redacted
196 - 234

9. GENERAL GOVERNMENT
None

10. COUNCIL REQUESTS AND IDEAS FOR DISCUSSION

11. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.

Pursuant to GC §54957.5 any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA: Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, such writings or documents will be made available on the City’s website and will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment.

AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48

hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.

Se les pide por favor que avise con 48 horas de anticipación cuando haga un pedido para asistencia. Esto les da suficiente tiempo antes de la junta para permitir que la ciudad tome medidas razonables.

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on February 14, 2023, by 4:30 p.m.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Feb 21 2023
Subject: CIP Update
DESCRIPTION:

Updating the City Council on the Capital Improvement Program Schedule Tracking for FY22/23.

RECOMMENDATION:

No action by the City Council necessary, just receive the presentation.

BACKGROUND/SUMMARY:

Staff has prepared an update to the CIP schedule (see enclosed) and uploaded it onto the City Website. The intent is to inform the council and public of the status of each project and show the CIP being accomplished.

CEQA STATUS:

That the recommend action is not a project under the definitions contained in the Guidelines of the California Environmental Quality Act (CEQA) and is therefore exempt from CEQA.

ATTACHMENT(S):

1. PowerPoint Presentation
APPROVAL(S):

Nitish Sharma Approved - Feb 13 2023
Laura Snideman, City Manager Approved - Feb 13 2023
Marni Rittburg, City Clerk Approved - Feb 14 2023
Item #6.1.

1 FY22/23 Capital Improvement
Program Quarterly Update
City Council Meeting
Tuesday, February 21, 2023
ATTACHMENT 1
Item #6.1.

2 Website Update for CIP
FY 22/23 Schedule & 10-yr Outlook
https://www.ci.calistoga.ca.us/city-hall/departments-services/public-works-department/capital-projects Item #6.1.

3 FY22/23 CIP Schedule Tracking
Item #6.1.

4 Long Range CIP
Streets/Bike/Pedestrian - 10-Year CIP
Item #6.1.

5 Long Range CIP
Buildings & Parks/Rec - 10-Year CIP
Item #6.1.

6 Long Range CIP
Water - 10-Year CIP
Item #6.1.

7 Long Range CIP
Wastewater - 10-Year CIP
Item #6.1.

8 Thank You
City Council
Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Marni Rittburg, City Clerk
Meeting: City Council - Feb 21 2023
Subject: Appointment to the Active Transportation Advisory Committee (ATAC) DESCRIPTION:

Consider adopting a Resolution confirming the Mayor's Appointment of Melinda Mendoza to ATAC.

RECOMMENDATION:

Consider adopting the Resolution.

BACKGROUND/SUMMARY:

Pursuant to Government Code § 40605 the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees.

A vacancy was created due to the resignation of Erika Pusey. The unscheduled vacancy was advertised on the City’s website, the local adjudicated newspaper, and posted in the display cases per the “Maddy Act.” Two applications were received, one from Lorne Glaim and one from Melinda Mendoza. The Mayor recommends appointing Melinda Mendoza. This appointment would fill the vacancy for the remainder of the term, expiring December 31, 2023.

CEQA STATUS:

This item is exempt.

FINANCIAL IMPACT:

None
ATTACHMENT(S):

Resolution Mayors Appointment ATAC - Melinda Mendoza
Glaim, Lorne - Redacted
Mendoza, Melinda - Redacted
APPROVAL(S):

Nitish Sharma Approved - Feb 13 2023
Laura Snideman, City Manager Approved - Feb 13 2023
Marni Rittburg, City Clerk Approved - Feb 14 2023
Item #7.1.

RESOLUTION NO. 2023–0XX

RESOLUTION OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA CONFIRMING THE MAYOR’S APPOINTMENT TO

THE ACTIVE TRANSPORTATION ADVISORY COMMITTEE (ATAC)
WHEREAS, California Government Code Section 65300 states that the Mayor, with the approval of the City Council, shall make all appointments to boards, commissions, and committees; and
WHEREAS, the State of California has adopted the “Maddy Appointive List Act”, which requires the preparation of a list of all regular and ongoing commissions and committees appointed by the local legislative body. The Act also requires public notice to be given anytime a vacancy occurs on any of these ongoing bodies; and WHEREAS, the City Council wishes to utilize the largely untapped reservoir of talent which exists among the citizenry; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Calistoga hereby confirms the Mayor’s appointment of Melinda Mendoza to ATAC for the remainder of the term, expiring December 31, 2023.

PASSED, APPROVED AND ADOPTED this 21st day of February 2023. I,

MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #7.1.

RECElVED
CITY of CALISTOGA

BOARDS AND COMMISSIONS APPLICATION
\ . . ,,
Citizens are encouraged to serve on the various City commissio'ns: Applications will 8·e revtewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

IX I City Active Transportation Advisory
Committee
□ City Building Standards Advisory and
Appeals Board D Calistoga Green Committee -
D City Planning Commission D City Housing Advisory Committee Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees. __________ _
Name: _ __,G-..:....::LA~l..:...JV\--=--_______ L_o_v-_V?_e-_________ G" ___ _ Last First M.I.

Telephone:

Business Facsimile
E-mail Address:

Physical Address of Residence:

Mailing Address: 5't.>"'le. ah.!JOCBusiness Address: ----------------------------- 0 cc up at ion: Re.fired +&utt-Cr
Are you a resident of the City of Calistoga? Yes0 No D Years of residency: 7 ;I'? If not, do you reside within the Calistoga Joint Unified School District? YesD No D Education and/or related background:..,_.P,-'-t,"""'D__;;t __ f'I_H_t.:,_/v_·_v-.-+3/--------------- Licenses or special certificates held:
'
ll I ClTYofCAL|STOGA
WBOARDS AND COMMISSIONS APPLICATION‘
Citizens are encouraged to serve on the various Citycommissions. Applications will Be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:

X City Active Transportation Advisory Napa County Active Transportation Committee Committee _ Napa County Local Food Advisory Council
City Building Standards Advisory and Napa County Measure A Financial Oversight Committee Appeals Board _ Napa County Mosquito Abatement Board
Calistoga Green Committee Napa County Library Commission City Planning Commission
— Other Committees
City Housing Advisory Committee
Name: M Lgvw? 6:

Last First M.|.

Telephone:
ome Business Facsimile
E-mall Address: _—
Physical Address of Residence:

Mailing Address: same atwu?
Business Address:

Occupation: l?6+'7"¢/ TCRJWC"
Are you a resident of the City of Calistoga? Yes / No Years of residency: 7 £5 If not, do you reside within the Calistoga Joint Uni?ed School District? Yes No Education andlor related background: PM) in Hlotvr/1
Licenses or special certi?cates held:

Item #7.1.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): Sha.v p,:;.,l-eeu Jl.1.u.~ed/,,1,-\ Cdh>c.enf)
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:
wa. k o nd , ,de- le a.vtd sev-vecP ovi a
(Use additional paper, if necessary)
References (include name and daytime phone number: (1) Don W, //,· ttm ~ dw1 ll1ttiM-S c. , .~a.1$~ ,U\. (2) Btt · l /
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

I am willing to share my personal email address an~one number with the publi~ dur},:ig my appointment on a Commission, Committee or Board? Yes~ No LJ · ·

DISCLOSURE AND REGULA TORY REQUIREMENTS , ,
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered offici~ls will be required to take two hours of AB 1234 ·Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Re~ords Act.

I have read, understand, and will abide by this statement (please initial)~ • I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.
~20,2025
D te 7
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 li $
City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services): 5)” V 3:55“ }M1“e“”"‘ Caékerz 7
State speci?cally why you wish to serve.why you believe you are quali?ed for the position, and what you might contribute to the group:

I ma//4 cuwf ri?e /4/C515/1: amt’ 5:9:/'1/c"a? on a 9:4 cwmmz/7L(r 0)“ mo iraris/no/44111;” /lz/ms.m»7 (Lomm /?n (.u> Hon
(Use additional paper, if necessary)
References (include name and daytime phone number: (1) [203 E],H?g; S Jwllllnms?cl-5*/5& 7?
‘M-
’ us
(2)45-r
I
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

I am willing to share my personal email address and phone number with the public duringmy appointment on a Commission, Committee or Board? Yesl&No

DISCLOSURE AND REGULATORYREQUIREMENTS
Upon appointment, designated members will be required to ?le an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officialswill be required to take two hours of AB 1234 Ethics Training every two years. This application willbecome a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initiaué.é o I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory requirements.
!
2 W so 2023
ignatureo Applicant D te
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.1.

RECEIVED
JAN SO 7023
O\TY CLEAK CITY of CALISTOGA

BOARDS AND COMMISSION S APPLICAT ION
Citizens are encouraged to serve on the various City comm1ss1ons. Applications will be reviewed and interviews may be scheduled with the City Council. Commission appointments are made at a regular meeting of the City Council. Please print or type clearly.

Application for:
0 City Active Transportation Advisory
Committee D City Building Standards Advisory and
Appeals Board D Calistoga Green Committee D City Planning Commission D City Housing Advisory Committee Napa County Active Transportation Committee
Napa County Local Food Advisory Council
Napa County Measure A Financial Oversight Committee
Napa County Mosquito Abatement Board
Napa County Library Commission
Other Committees __________ _
N Mendoza Melinda ame: ________________________________ _ Last First M.I.

Home Business Facsimile
Business Address: ____________________________ _
0 t
. Bilingual Administrative Assistant- CJUSD
ccupa 10n: -------------------------------
Are you a resident of the City of Calistoga? Yes0 No D Years of residency: _ 8 ____ _
If not, do you reside within the Calistoga Joint Unified School District? YesD No D . Some college Education and/or related background: _____________________ _ Licenses or special certificates held:

ACTFL Certificate in Oral & Writing Proficiey- Spanish

RECEIVED
JAN3 0 7023
Cm CLERK C|TYofCALISTOGA

BOARDS AND COMMISSIONS APPLICATION
Citizens are encouraged to serve on the various City commissions. Applications will be reviewed and interviews may be scheduled with the City Council, Commission appointments are made at a regular meeting oi the CityCouncil. Please print or type clearly
Application for:
:1 CityActive Transportation Advisory Napa County Active Transportation Committee Committee _ Napa County Local Food Advisory Council
City Building Standards Advisory and Napa County Measure A Financial Oversight committee Appeals Beam _ Napa County Mosquito Abatement Board
calistoga Green Committee Napa County Library Commission City Planning Commission Other Commmtees
City Housing Advisory Committee
_ Mendoza Melinda Name.

Last First M.I
Te,e,,m:—
Home Business Facsimile
Em, Adams; —
Physical Address of Residence;
MailmgAddres5:-alistoga, CA 94515
BUSINESSAddress:
. , Bilingual AdministrativeAssistant- CJUSD Occupation.

Are you a resident of the City of Calistoga’? Yes .1 No Years of residency:
8 It not do you reside within the Calistoga Joint Uni?ed School District? Yes No Education and/or related background:
somecouege
Licenses or special certi?cates held:

ACTFL Certificate in Oral 8. Writing Proficiey- Spanish Item #7.1.

City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, teph~ical, community, services): ______ _ Calistoga Parks & Recreation Volunteer Coach
State specifically why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

Please see attached.
(Use additional paper, if necessary)
Rf (. Id dd t· h b (
1 e erences ) Dave Hagberg inc u e name an ay Ime p one num er: _ _ ___________ _ (
2) Audra Pittman
List any other committees/commissions on which you have or currently serve, and the year(s) of service:

I am willing to share my personal email address an~one number with the public during my appointment on a Commission, Committee or Board? Yes0 No LJ

DISCLOSURE AND REGULATORY REQUIREMENTS
Upon appointment, designated members will be required to file an Assuming Office Statement of Economic Interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application will become a public record and will be available for public inspection or duplication upon request in accordance with the Public Records Act.

I have read, understand, and will abide by this statement (please initial) M I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to fill a vacancy and I acknowledge that I have read and understand the disclosure and regulatory require
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 City of Calistoga Boards & Commissions Application

Organizations to which you belong (professional, technical, community, services)" Calistoga Parks & Recreation Volunteer Coach
State speci?cally why you wish to serve, why you believe you are qualified for the position, and what you might contribute to the group:

Please see attached.
(Use additional paper, if necessary)
References (include name and daytime phone number: (1) Dave “?berg- (2) AudraPittman‘
List any other committeeslcommissions on which you have or currently serve, and the year(s) of service:

I am willingto share my personal email address and phone number with the public during my appointment on a Commission, Committee or Board? Yes ti No

DISCLOSURE ANDREGULATORY REQUIREMENTS
Upon appointment, designated members will be required to ?le an Assuming Of?ce Statement of Economic interests (Form 700) within 30 days of being sworn in. Covered officials will be required to take two hours of AB 1234 Ethics Training every two years. This application willbecome a public record and willbe available for public inspection or duplication upon request in accordance withthe Public Records Act, I have read, understand, and will abide by this statement (please initial) I have sufficient time to devote to this responsibility and plan to attend the required meetings if I am appointed to ?ll a vacancy and I acknowledge that l have read and understand the disclosure and regulatory require
3B0[2023
Signature ofApp icant Date
Completed application should be returned to:

City of Calistoga
City Clerk
1232 Washington Street
Calistoga, CA 94515
For questions, please call the City Clerk at (707) 942-2807 Item #7.1.

Why I wish to serve:

As a citizen of Calistoga, I am always looking for ways to help improve our community. I wish to serve in the Active Transportation Advisory Committee to seek our community's input on how to improve our city's streets, sidewalks, and roads to help improve transportation. I wish to work with our community and the members of the Active Transportation Advisory Committee to provide safer routes for community members of all ages.

Why I am qualified:

In 2021 , the Active Transportation Advisory Committee seeked the community's input through a Cycling and Walking Survey. This was an excellent way to give community members the opportunity to express their concerns and provide their input. However, when discussing the survey with my neighbors and friends, I quickly learned many were unaware of the survey. At that moment I realized I could help them participate by simply sharing the link to the survey, but was there more that could have been done? As an administrative assistant to the Human Resources department, I have vast experience in seeking participation amongst stakeholders through surveys, workshops, small/large group presentations, one-on-one, and through social media. If given the opportunity, I will work with the Active Transportation Advisory Committee on seeking community participation.

What I wish to contribute:

I believe the success of this committee, and any other committee, highly depends on the good rapport between its members and its community. Throughout the years that I have volunteered as a youth coach for the city of Calistoga, and as an employee of the Calistoga Joint Unified School District, I have built strong trustworthy relationships with the parents and members of the Calistoga community. If elected, I will continue to build on these relationships and encourage more members of our community to participate in the Active Transportation Advisory Committee. I will also be able to contribute my bilingual and biliterate skills to help bridge any gaps in communication between Spanish speaking members of our community and the Active Transportation Advisory Committee.

Why Iwish to serve:

As a citizen of Calistoga, I am always looking for ways to help improve our community. Iwish to serve in the ActiveTransportation Advisory Committee to seek our community's input on how to improve our city's streets, sidewalks, and roads to help improve transportation. I wish to work with our community and the members of the Active Transportation Advisory Committee to provide safer routes for community members of all ages.

Why I am quall?ed:

In 2021, the Active Transportation Advisory Committee seeked the community's input through a Cycling and Walking Survey. This was an excellent way to give community members the opportunity to express their concernsand provide their input. However, when discussing the survey withmy neighbors and friends.I quickly learned many were unawareof the survey. At that moment I realized I could help them pamcipate by simply sharing the linkto the survey, but was there more that oould have been done? As an administrative assistant to the Human Resources department, I have vast experience in seeking participation amongst stakeholders through surveys, workshops, small/large group presentations, one-on-one, and through social media. Ifgiven the opportunity, Iwillworkwiththe Active Transportation Advisory Committee on seeking community participation.

What I wish to contribute:

I believe the success of this committee, and any other committee, highly depends on the good rapport between its members and its community. Throughout the years that I have volunteered as a youth coach for the city of Calistoga, and as an employee of meCalistoga Joint Uni?ed School District,Ihave builtstrong trustworthy relationships with the parents and members of the Calistoga community. Ifelected, Iwillcontinue to build on these relationships and encourage more members of our community to participate in the Active Transportation Advisory Committee. Iwill also be able to contribute my bilingual and biliterate skills to help bridge any gaps in communication between Spanish speaking members of our community and the Active Transportation Advisory Committee.

Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Feb 21 2023
Subject: Construction Contract Award to ABM Electrical & Lighting Solutions, Inc., Authorization to Request Additional Grant Funding and Submit an Updated Match Commitment Letter to CalOES
DESCRIPTION:

1. Authorizes the City Manager to award a construction contract in an amount not to exceed $2,132,578 to ABM Electrical & Lighting Solutions, Inc. to construct the Emergency Backup Generator Project.

2. Approves a Budget Adjustment in the amount of $248,004 and authorizes the Public Works Director to submit a request to FEMA for additional grant funding and sign an updated match commitment letter to CalOES indicating Calistoga will fund 25% or $533,145 of the $2,132,578 project cost.

3. Directs staff to issue a notice of award to ABM Electrical & Lighting Solutions, Inc. and otherwise administer the Project.

4. Waives any informalities or irregularities in ABM Electrical & Lighting Solutions, Inc. bid.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

As a result of the Tubbs Fire in June 2018, the Public Works staff applied for disaster relief funding from FEMA’s Hazard Mitigation Grant Program (HMGP). The City Council adopted a match commitment letter required for the grant application. CalOES/FEMA authorized funding on January 26, 2022. CalOES administers the grant funding for FEMA’s Hazard Mitigation monies.

The application requested funding to pay for four new generators to run Kimball Water Treatment Plant (WTP), Dunaweal Wastewater Treatment Plant (WWTP) and two portable generators to support Pope Street water pump station and other critical infrastructure. The grant also includes funding to install an automated transfer switch to Kimball WTP, update outdated programable logic controllers (PLCs) including the SCADA system (supervisory control and data acquisition) at both plants.

This project is extremely important to replace aging infrastructure and update critical logic controls necessary to keep treatment plants functional. The existing generator at WWTP is over 20 years old and the WTP generator is 15 years old and heavily used over the years especially given the regular Item #7.2.

power outages related to PSPS and fire events. The useful life of a generator is 15 years, so both need to be replaced. The grant is providing critical funding to replace this essential infrastructure.

The contract award is for ABM Electrical and Lighting Solutions, Inc., to provide construction services to purchase, build and install the improvements. ABM Electrical and Lighting Solutions, Inc. services were competitively bid through the Gordian/Sourcewell ezIQC®, process. The ezIQC® process streamlines procurement by taking advantage of the “already competitively bid” processes that meet California public contracting requirements.

CEQA STATUS:

Per CEQA guidelines section 15301(b) this project is replacing existing facilities with negligible or no expansion of use, and therefore exempt from CEQA.

FINANCIAL IMPACT:

The total project cost has increased from $1,884,574 to $2,132,578, an increase of $248,004. There have been significant unforeseen price increases in generator, labor and other equipment costs since the application was submitted.

The FY22/23 CIP budget approved $1,884,574 in Account Nos. 13-5572-4915, 13-5627-4915, 12- 5627-4915, 12-5575-4915 and 12-5577-4915 for this project.

A budget adjustment of $248,004 is being requested, with proportional costs being applied to each account: $105,928 to 13-5572-4915, $15,515 to 13-5627-4915, $7,746 to 12-5627-4915, $86,358 to 12-5575-4915, and $32,457 to 12-5577-4915. The additional funding would be provided by unappropriated water and wastewater connection fees.

Staff will be requesting additional grant funds. If successful, the HMGP grant will cover $186,003 (75% of the $248,004) with the budget adjustment being reduced to $62,001 (25% of $248,004).

As part of the grant application, the City Council previously authorized a local match totaling $471,144.

As part of the additional grant funding request, staff is required to submit a new match commitment letter for $533,145, to cover the increased local match of $62,001.

ATTACHMENT(S):

1. Draft Resolution

2. Construction Contract to ABM Electrical & Lighting Solutions, Inc.

Item #7.2.

RESOLUTION 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO AWARD A CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXEED $2,132,578 TO ABM ELECTRICAL & LIGHTING SOLUTIONS, INC. TO CONSTRUCT THE

EMERGENCY BACKUP GENERATOR PROJECT, APPROVING A BUDGET
ADJUSTMENT IN THE AMOUNT OF $248,004, AUTHORIZING THE PUBLIC

WORKS DIRECTOR TO SUBMIT A REQUEST TO FEMA FOR ADDITIONAL

FUNDING AND SIGN AN UPDATED MATCH COMMITMENT LETTER
WHEREAS, as a result of the Tubbs Fire in October 2017, Public Works staff applied for disaster relief funding from FEMA’s Hazard Mitigation Grant Program (HMGP) in June 2018; and
WHEREAS, CalOES/FEMA authorized funding on January 26, 2022. CalOES administers the grant funding for FEMA’s Hazard Mitigation monies; and WHEREAS, the application requested funding to pay for four new generators to run Kimball Water Treatment Plant (WTP), Dunaweal Wastewater Treatment Plant (WWTP) and two portable generators to support Pope Street water pump station and other critical infrastructure. The grant also includes funding to install an automated transfer switch to Kimball WTP, update outdated programable logic controllers (PLCs) including the SCADA system (supervisory control and data acquisition) at both plants; and
WHEREAS, this project is extremely important to replace aging infrastructure and update critical logic controls necessary to keep treatment plants functional. The existing generator at WWTP is over 20 years old and the WTP generator is 15 years old and heavily used over the years especially given the regular power outages related to PSPS and fire events. The useful life of a generator is 15 years, so both need to be replaced. The grant is providing critical funding to replace this essential infrastructure; and
WHEREAS, the city is piggybacking-off the Gordian/Sourcewell contract with ABM Electrical & Lighting Solutions, Inc. (ABM Industries Inc.,) in the amount of $2,132,578. Gordian/Sourcewell’s ezIQC® construction contracts are competitively bid Indefinite Delivery Indefinite Quantity (IDIQ) construction contracts through the ezIQC® process that are bid locally with Catalog (CTC) pricing that is compliant with California Public Contract code, local prevailing wage rates, and California Department of Industrial Relations (DIR). ABM Electrical & Lighting Solutions, Inc. (ABM Industries Inc.,) is the most responsive/responsible low bid contractor for the Emergency Generator project; and
WHEREAS, staff contacted CalOES and FEMA to verify that this process would be acceptable and received confirmation that this process is acceptable and has been used before on other Hazard Mitigation Grant Program (HMGP) projects successfully; and

ATTACHMENT 1
Item #7.2.

Resolution No. 2023-XXX

WHEREAS, staff has reviewed the bid from ABM Electrical & Lighting Solutions, Inc. and recommends that the City Council award the contact to ABM Electrical & Lighting Solutions, Inc.; (ABM Industries Inc.,); and
WHEREAS, per CEQA guidelines section 15301(b) this project is replacing existing facilities with negligible or no expansion of use, and therefore is exempt from CEQA; and
WHEREAS, the total project cost has increased from $1,884,574 to $2,132,578, an increase of $248,004. There have been significant price increases in generator, labor and other equipment costs since the application was submitted; and

WHEREAS, the FY22/23 CIP budget approved $1,884,574 in Account Nos. 13- 5572-4915, 13-5627-4915, 12-5575-4915 and 12-5577-4915 for this project; and WHEREAS, staff is requesting a Budget Adjustment in the amount of $248,004 to cover Project construction costs with proportional costs being applied to each account: $105,928 to 13-5572-4915, $15,515 to 13-5627-4915, $7,746 to 12-5627- 4915, $86,358 to 12-5575-4915, and $32,457 to 12-5577-4915. The additional funding would be provided by unappropriated water and wastewater connection fees; and WHEREAS, staff will be requesting additional grant funds. If successful, the HMGP grant will cover $186,003 (75% of the $248,004) with the budget adjustment being reduced to $62,001 (25% of $248,004); and
WHEREAS, as part of the grant application the City Council previously authorized a local match totaling $471,144. As part of the additional grant funding request, staff is required to submit a new match commitment letter for $533,145, to cover the increased local match of $62,001.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. Authorizes the City Manager to execute the contract in an amount not to exceed $2,132,578 with ABM Electrical & Lighting Solutions, Inc. to construct the Emergency Backup Generator Project.

2. Approves a Budget Adjustment in the amount of $248,004 and authorizes the Public Works Director to submit a request to FEMA for additional grant funding and sign an updated match commitment letter for Calistoga to fund 25% of the $2,132,578 project cost which is $533,145.

3. Directs staff to issue a notice of award to ABM Electrical & Lighting Solutions, Inc. and otherwise administer the Project. Waives any informalities or irregularities in ABM Electrical & Lighting Solutions, Inc. bid.

Item #7.2.

Resolution No. 2023-XXX

PASSED, APPROVED AND ADOPTED this 21st day of February, 2023. I,

MARNI RITTBURG, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Marni Rittburg, CMC, City Clerk Donald Williams, Mayor
Item #7.2.

CITY OF CALISTOGA

CONTRACT SPECIFICATIONS FOR

EMERGENCY BACKUP GENERATORS
PROJECT NO. 21-5551

VOLUME I
For use with the State of California, Department of Transportation, Standard Specifications dated 2018, the State of California, Department of Transportation Standard Plans dated 2018, and Design and Construction Standards of the City of Santa Rosa most recent edition.

City of Calistoga
Department of Public Works
414 Washington Street
Calistoga, CA 94515
(707) 942-2828
ATTACHMENT 2Item #7.2.

i

TABLE OF CONTENTS
Instructions to Bidders........................................................................................................ 1 Contract Proposal ............................................................................................................. 12 Proposed Subcontractors ................................................................................................. 16 Proposed Major Materials Suppliers................................................................................ 17 Contractor’s Experience and Qualifications ..................................................................... 19 Non-Collusion Affidavit..................................................................................................... 23 Bid Bond............................................................................................................................ 25 Contract for Construction ................................................................................................. 27 Faithful Performance Bond............................................................................................... 29 Labor and Materials Payment Bond ................................................................................. 33 Warranty Bond.................................................................................................................. 37 Certificate of Insurance and Endorsement (Workers Compensation) ............................. 39 Certificate of Insurance and Endorsement (Commercial General Liability)..................... 40 General Conditions ...........................................................................................................GC Supplemental Conditions ..................................................................................................SC Item #7.2.

1 INSTRUCTIONS TO BIDDERS

EMERGENCY BACKUP GENERATORS

SCOPE AND LOCATION OF WORK
The work to be performed under this contract consists of the furnishing of all labor, materials, plant and equipment for the construction of EMERGENCY BACKUP GENERATORS 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 Calistoga.

INSPECTION OF SITE OF WORK
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 Engineer 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 proposal by the bidder shall constitute acknowledgment that, if awarded the contract, the bidder has relied and is relying on their own examination of (a) the site of the work; (b) access to the site; and (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 on their own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of knowledge of the above items.

Removal, relocation, or protection of existing public utilities not identified by the City shall be done in conformance with Section 4215 of the Government Code.

PROJECT TIME
The Project is to be fully completed within 280 working daysfrom the date specified in the Notice to Proceed contingent upon the current estimated equipment delivery time of 9-12 months.

EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, supplemental conditions, technical specifications, drawings and addenda (if any). Submission of a proposal shall constitute acknowledgment, upon which the 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 them of any obligation with respect to their proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents.

Item #7.2.

2 REPORT OF POTENTIAL DISCREPANCIES
Bidder shall review the Contract Documents prior to submission of the bid, and report any potential discrepancies noted by the Contractor to the Engineer/Owner. 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 Engineer at least ten (10) working days before the time announced for submittal of bids.

Interpretations, where necessary, will be made by the Engineer/Owner in the form of an addendum to the Contract Documents and, when issued, will be sent no later than 72 hours prior to the time announced for submittal of bids to all parties who obtained bid documents from www.blueprintexpress.com. All such addenda shall become part of the contract. In the event an addendum needs to be issued within the 72 hours prior to the time announced for submittal of bids, the bid submittal time will be rescheduled.

Requests for Information before or after the award of contract shall be directed in writing to:

David Fradelizio, P.E., Associate Engineer at [email protected] Subject line shall include “EMERGENCY BACKUP GENERATORS” It shall also be the bidder’s responsibility to call to the attention of the Engineer/Owner any missing pages in the Contract Documents, including the addenda. These items shall be brought to the attention of the Engineer, in writing, at least one week prior to the submittal date.

PROPOSAL
Proposals shall be made on the blank forms prepared by the City, which may be removed from the bound Contract Documents. All proposals shall give the prices in the space provided, shall give all other information requested therein, and shall be signed by the bidder or an authorized representative, with the appropriate address.

REQUIRED CONTENTS OF BID SUBMITTAL
The following documents shall be completed and submitted to form a complete bid:

1. Contract Proposal

2. Bid Schedule

3. List of Proposed Subcontractors

4. List of Proposed Major Suppliers

5. Contractors’ Experience and Qualifications

6. Non-Collusion Affidavit

7. Bid Bond (or a certified check or cashier’s check)
Item #7.2.

3 If the proposal is made by an individual, his/her name, signature, and post office address must be shown.

If the proposal is made by a firm or partnership, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown.

If the proposal is made by a corporation, the proposal shall show the name of the corporation, the state under the laws of which the corporation is incorporated, the post office address of the corporation, and the signature of at least one officer authorized to sign on behalf of the corporation with his or her title. Additionally, the proposal shall include a document empowering the signator(s) to execute the proposal and bind the corporation.

If the proposal is made by a joint venture, the proposal shall be signed by at least one of the joint venture firms in a format meeting with the requirements outlined above. Additionally, the proposal shall include a document empowering the signator(s) to execute the proposal and bind the joint venture.

Bidders must prepare and submit all required documents, including those required by the supplemental conditions.

Every contractor, other than a joint venture, who submits a bid, must at the time the bid is submitted have a valid California contractor’s license issued by the Contractor’s State License Board. 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 Business & Professions Code Section 7028.15, shall be non-responsive and shall be rejected. This statute also 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 proposal shall be enclosed in a sealed envelope, labeled and delivered to the City Clerk, City Calistoga, 1232 Washington Street, Calistoga, CA 94515 by the deadline stated in the Notice Inviting Bids. The sealed envelope shall show on the outside the name of the bidder, his or her address and Project for which the bid is submitted. All information, prices, notations, signatures and corrections must be in ink or typewritten. Bidders are warned against making alterations of any kind, without initialing each and every such change. Proposals that contain erasures or irregularities of any kind, without such initialing, or omissions, may be rejected. No oral, telegraphic, or telephone (including facsimile) proposals or modifications will be considered.

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 (or equivalent method for the protection of life and limb in trenches and open excavations), plant and other facilities, traffic control, and all management, superintendence, permits, labor and services, except as may be provided otherwise in the Contract Documents. The sheeting, shoring and bracing shall conform to all applicable safety orders. The work and the bid price shall also include providing the necessary safety precautions such as barricades, warning signs for protection of the public and Item #7.2.

4 any necessary “cleanup” that is required to restore the work site to a satisfactory condition. 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. As to lump sum items, the amount set forth in the total column shall be the item price. Where there is a conflict between words and figures, the words shall govern and the figures shall be disregarded.

TAXES
Contractor shall pay all federal, state and local taxes, levies, duties and assessments of every nature due in connection with any work under the contract and shall indemnify and hold harmless the City of Calistoga from any liability on account of any and all such taxes, levies, duties, assessments and deductions. Bid prices shall include allowance for said taxes.

EXPERIENCE AND QUALIFICATION OF BIDDERS
At the time of bidding, and throughout the period of the contract, each bidder, except for a joint venture, shall be licensed under the provisions of Business and Professions Code of the State of California, to do the type of work contemplated for the project. The license classification shall be a Class A (General Engineering).

Any bid from an unlicensed contractor, other than those persons exempt under Business & Professions Code Section 7028.15, shall be non-responsive and shall be rejected. This statute also 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.

It is the intention of the City to award a contract, if at all, to the lowest 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, the City will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature and magnitude, and comparable difficulty and rates of progress, to the Work. The City shall have sole discretion to determine what contracts are of like nature and magnitude, and comparable difficulty and rates of progress.

PUBLIC RECORDS ACT REQUESTS
In accordance with the Public Records Act, the City will make available to the public all correspondence and written questions submitted during the bid period, all bid and proposal submissions opened in accordance with the procedures set forth herein, and all subsequent evaluation information.

Except as otherwise require by law, the City will not disclose trade secrets or proprietary financial information submitted by bidders that has been designated as confidential by bidder. Any such Item #7.2.

5 trade secrets or proprietary financial information that bidder believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific confidential information must be clearly identified as such.

Upon a request for records regarding this bid, the City will notify the bidder involved, within ten (10) days from receipt of the request, when the records will be made available for inspection. If the bidder timely identifies any “proprietary, trade secret, or confidential commercial or financial” information that bidder determines is not subject to public disclosure, and requests that the City refuse to comply with the records request, bidder shall take all appropriate legal action and defend the City’s refusal to produce the information in all forums; otherwise the City will make such information available to the extent require by applicable law, without restriction.

Information disclosed in the bid or proposal and the attendant opened submissions are the property of the City unless bidder makes specific reference to data that is considered proprietary.

Subject to the requirements in the Public Records Act, reasonable efforts will be made to prevent the disclosure of information except on a need-to-know basis during the evaluation process.

LABOR REQUIREMENTS
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Pursuant to Section 1770, et seq. of the California Labor Code, 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 on file at the office of the City Engineer, City of Calistoga, to view and will be made available to any interested party on request, or may be referenced at the Department of Industrial Relations website at www.dir.ca.gov/OPRL/. These prevailing wage rates are deemed included in the Bidding Documents. The successful Bidder shall post the applicable prevailing wage rates at the job site.

The contractor and subcontractors must furnish electronic certified payroll records to the Labor Commissioner and to the City of Calistoga.

In accordance with Labor Code Section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

In accordance with Labor Code Section 1725.5 no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations.

Questions pertaining to predetermined wage rates should be directed to:

Division of Labor Statistics and Research
Item #7.2.

6 Prevailing Wage Unit
P.O. Box 420603
San Francisco CA 94142-0603
Phone: (415) 703-4774
www.dir.ca.gov/OPRL/
Questions pertaining to apprenticeship crafts should be directed to:

Division of Apprenticeship Standards
455 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102
Phone: (415) 703-4920
[email protected]
Any contractor, who is awarded a public works project and intends to use a craft or classification not shown on the general prevailing wage determinations, may be required to pay the wage rate of the craft or classification most closely related to it as shown on the general determinations effective at the time of the call for bids.

The wage rates for any classification not listed in the foregoing publications will be no less than the prevailing wage for such work.

All above-mentioned wage rates will be subject to any recent negotiations or predetermined increases.

LIST OF SUBCONTRACTORS
Each proposal shall have listed on the forms provided, the name, the location of the place of business, the California contractor license number, and all other specified information, of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to the scope of work, 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.

Nevertheless, the Prime Contractor shall perform work equaling at least 30% of the value of the original total bid with employees and with equipment Contractor owns or rents, with or without operators. All listings and subsequent substitutions, if any, shall be done in conformance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100 et seq.

MODIFICATION OF PROPOSAL
Modification of a proposal already received will be considered only if the modification is received prior to the time established for receiving proposals. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original proposal.

Item #7.2.

7 POSTPONEMENT OF OPENING
The City reserves the right to postpone the date and time for receiving and/or opening of proposals at any time prior to the date and time established in the Notice Inviting Bids.

NONCOLLUSION AFFIDAVIT
Section 7106 of the Public Contract Code 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 the City with the proposal.

DISQUALIFICATION OF BIDDER
If there is a reason to believe that collusion exists among any of the bidders, none of the bids of the participants in such collusion will be considered, and the City may likewise elect to reject all bids received.

REJECTION OF PROPOSALS
The City reserves the right to reject or accept, at the City’s sole option, any proposals which are incomplete, erroneous, obscure, or irregular, any proposals which omit a bid on any one or more items for which bids are required; any proposals which omit unit prices if unit prices are required; any proposal in which unit prices are unbalanced in the opinion of the City; any proposals accompanied by insufficient or irregular proposal guaranty; any proposals from bidders who have previously failed to perform properly or to complete contracts of any nature on time; and any proposal from any if City believes that it would not be in the best interest of Project to make an award to that Bidder, whether because the Bid is not responsive, the Bidder is unqualified or of doubtful financial ability, or fails to meet any other pertinent standard or criteria established by City.

RELIEF OF BIDDERS
Attention is directed to the provisions of 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 the City written notice within five (5) working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice, in detail, how the mistake occurred.

RETURN OF PROPOSAL GUARANTEES
The City will retain all proposal guarantees until the Agreement for the Work has been fully executed and the City has received the bonds and evidence of insurance required to be furnished, or the City has acted to reject all bids. The City will return the proposal guarantees of unsuccessful bidders, other than those forfeited, promptly thereafter.

Item #7.2.

8 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 work on, or be awarded, a public works project under Labor Code sections 1777.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

PRIOR APPROVAL OF SUBSTITUTIONS
Bidders wishing to obtain prior approval of a material or system substitution for that specified shall submit all required documentation in compliance with procedures established in the Contract Documents.

Prior approval requests shall be received by Engineer no later than ten (10) working days prior to bid date. If Engineer determines the requested material or system is equal to that specified, the Engineer will issue an addendum. If the Engineer rejects the proposed substitution, or does not respond before the bid date, the bidder shall furnish the specified items.

BONDS
All bonds shall be on the forms included in the bid documents. No other bond form will be acceptable.

NO DISCRIMINATION
The successful bidder must ensure 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.

BID PROTEST PROCEDURES
Any bid protest relating to the form or content of the bidding or Contract Documents must be submitted in writing to the City Manager, City of Calistoga, 1232 Washington Street, Calistoga, CA 94515 at least ten (10) business days before the original date set for the bid opening. Any bidder who submits a bid shall be deemed to have waived any protest to the form or content of the bidding or Contract Documents.

Any bid protest relating to the award of the contract for the Project must be submitted in writing to City Manager, City of Calistoga, 1232 Washington Street, Calistoga, CA 94515. The protest must be received before 5:00 p.m. of the fifth business day following bid opening.

Item #7.2.

9 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 bid documents, which forms the basis for the protest. The protest shall include the name, 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 or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. The documents shall be transmitted by fax or overnight mail.

The procedure and time limits set forth in this paragraph are mandatory and are the Bidder’s sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code claim or legal proceedings.

DOCUMENTS TO BE SUBMITTED WITH THE BID
The following documents shall be completed and submitted to form a complete bid:

1. Contract Proposal

2. Bid Schedule

3. List of Proposed Subcontractors

4. List of Proposed Major Suppliers

5. Contractors’ Experience and Qualifications

6. Non-Collusion Affidavit
Item #7.2.

10 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

11 CONTRACT PROPOSAL

TO CITY OF CALISTOGA FOR

EMERGENCY BACKUP GENERATORS
Name of Bidder
Business Address
Telephone ( )
TO THE CITY COUNCIL OF THE CITY OF CALISTOGA:

Pursuant to and in compliance with your Notice Inviting Bids for the EMERGENCY BACKUP GENERATORS 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 Calistoga 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 No. ____, dated _______________, Addenda No. ____, dated ________________, and Addenda No. ____, dated _________________ (if applicable) on file in City Hall, for the total base bid price of
________________________________________________dollars ($_______________), which is in agreement with the sum of the unit prices in the Base Bid Schedule, hereinafter set forth.

As provided in Labor Code Section 6707, if the work to be performed includes trenching or excavation more than five feet (5’) in depth, each bid must set forth as a separate bid item, sheeting, shoring, and bracing or equivalent method for protecting workers: All such costs shall be included in the total price set forth above.

Bidder declares that the only persons or parties interested in this proposal are those named herein, and that this proposal is made without collusion with any person, firm or corporation.

Bidder proposes and agrees, if the proposal is accepted, that Bidder will execute a contract with the 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.

SUBMITTED on ________________________________, __________ State Contractor License No. __________________________________ Employer’s Tax ID No. ______________________________________ If Bidder is:

February 8 2023 20-0241307 967676 925-426-2010 Pleasanton, CA 94566 6940 Koll Center Parkway, Suite 100 ABM Electrical and Lighting Solutions, Inc.

Item #7.2.

Item #7.2.

13 A Joint Venture
Joint Venture Name: ___________________________________________________ By: _________________________________________________________________ (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): _______________________________________________ Title: _______________________________________________________________ Business address: _____________________________________________________ ____________________________________________________________________ Phone No. (___)__________ FAX No. (___)___________ E-Mail Address ____________ Joint Venture Name: __________________________________________________ By: ________________________________________________________________ (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): ______________________________________________ Title: ______________________________________________________________ Business Address:____________________________________________________ Phone No. (___)_________ FAX No. (___)________ E-Mail Address ________________ Phone and FAX Number, and Address for receipt of official communications:
___________________________________________________________________ ___________________________________________________________________ (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is party to the venture should be in the manner indicated above.) SEAL,
if required
by State
SEAL,
if required
by State
Item #7.2.

14 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

Item #7.2.

Item #7.2.

17 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

18 CONTRACTOR’S EXPERIENCE AND QUALIFICATIONS
(TO BE COMPLETED BY BIDDER AND SUBMITTED WITH BID)
The following statements as to the experience and qualifications of the bidder are to be submitted with the Contract Proposal, as a part thereof. The truthfulness and accuracy of the information is guaranteed by the bidder.

1. The bidder has been engaged in the contracting business, under the present business name, for ______ years. Experience in work of a nature similar to that covered in the Proposal extends over a period of _____ years.

2. List two or more projects the bidder, as a contractor, has successfully completed that are of like magnitude, comparable difficulty and rates of progress to the proposed work, including:

YEAR DESCRIPTION CONTRACT AMOUNT

3. 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).

4. The bidder has satisfactorily completed the following contracts in the last three years, for the owner indicated, and to whom reference is made (list at least five contracts). Provide a contact person and telephone number for each project.

CONTRACT

YEAR TYPE OF WORK AMOUNT CONTACT
2022 Generator Installation $500,000 Aegis Senior Living 2019 Lighting Upgrades $550,000 Winters JUSD 2022 Electrical and Lighting Upgrades $1,000,000 Essex Property Trust N/A 2015 Lighting upgrade (City of San Jose) $2,500,000 2014 Electrical and Lighting Upgrade (B.A.R.T.) $2,000,000 30 30 Item #7.2.

Item #7.2.

Item #7.2.

21 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

Item #7.2.

23 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

24 CONTRACT FOR CONSTRUCTION

EMERGENCY BACKUP GENERATORS
THIS CONTRACT FOR CONSTRUCTION is made and entered into this ____ day of ___________, 2023 by and between the City of Calistoga, a municipal corporation, (hereinafter referred to as “City”) and _____________________________________, a California corporation, located at ________________________________, (hereinafter referred to as “Contractor”).

The City and the Contractor agree as follows:
(1) CONTRACT SUM: The City agrees to pay, and the Contractor agrees to accept, in full payment for the above work, the sum of _____________________________________ dollars ($________________) is to be paid in accordance with the Contract Documents. (2) COMPLIANCE WITH LAW: The City is a public agency. All provisions of law applicable to public contracts are a part of this contract to the same extent as though set forth herein and will be complied with by the Contractor.
(3) CONTRACT DOCUMENTS: The following Contract Documents relating to this Contract for Construction are hereby made a part of and incorporated by reference into this Agreement: The Notice Inviting Bids, Information for Bidders, Contract Proposal, Faithful Performance Bond, Labor and Materials Payment Bond, General Conditions, Supplemental Conditions, Special Provisions, State of California Department of Transportation Standard Plans and Specifications, 2018 edition, City of Santa Rosa Design and Construction Standards, most recent version, the Project Scope of Work, duly issued addenda, duly issued interpretations, approved change orders, preliminary construction schedule, Contractor’s guarantee and bond, 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.

Contractors are required by law to be licensed and regulated by the Contractor’s State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation.

A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor 2,132,578.00
Two Million One Hundred Thirty Two Thousand
Five Hundred Seventy Eight and 00/100
Item #7.2.

Item #7.2.

Item #7.2.

26 FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of Calistoga, 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 EMERGENCY BACKUP GENERATORS (hereinafter referred to as the “Construction Contract”); and WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond for the faithful performance of all terms and conditions of the Construction Contract; NOW, THEREFORE, Contractor, as principal, and
(hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Owner in the penal sum of Dollars ($_______________),
lawful money of the United States, for the payment of which sum well and truly to be made as provided in this Performance Bond.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the performance of the Construction Contract, which is incorporated herein by reference.

2. If Contractor timely performs each and every obligation under the Construction Contract, Surety and Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1.

3. Surety’s obligation under this Performance Bond shall arise after:

3.1 Owner has declared a Contractor Default and has notified Contractor and Surety at its address described in Paragraph 10 below that Owner has declared a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than seven days after receipt of such notice to discuss methods of performing the Construction Contract; and

3.2 Owner has agreed to pay the Balance of the Agreement Price, as calculated under the terms of the Construction Contract, to Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the Construction Contract with Owner.

4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety’s expense take one of the following actions:

4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract; or
Item #7.2.

27 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 proposals 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:

4.4.1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment thereof to Owner; or

4.4.2. Deny liability in whole or in part and notify Owner citing specific reasons therefor.

5. If Surety does not proceed as provided in Paragraph 4 within twenty days from receipt of the notice described in paragraph 3.1 (whether or not a conference has been held pursuant to paragraph 3.1), or such longer period upon which Owner and Surety may agree in writing, Surety shall be deemed to be in default on this Bond. If the Surety proceeds as provided in Subparagraph

4.4, and Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

6. After Owner has declared a Contractor Default, and if Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Construction Contract, and the responsibilities of Owner to Surety shall not be greater than those of the Owner under the Construction Contract.

To the limit of the amount of this 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 Item #7.2.

28 reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators or successors.

8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’ fees, to be taxed as an item of costs.

10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address, or sent via fax machine to the facsimile number, shown on the signature page.

11. DEFINITIONS

11.1 Balance of the Agreement Price: The total amount payable by Owner to Contractor under the Construction Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Construction Contract.

11.2 Construction Contract: The agreement between the Owner and the Contractor identified on the first page of this bond, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract.

CONTRACTOR, as Principal SURETY
By: By:

Its: Its:

Address: Address:

FAX: FAX:

Note:

Signatures of those executing for Surety must be properly acknowledged by Notary. The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond.

Item #7.2.

29 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

30 LABOR AND MATERIALS PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of Calistoga, 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 EMERGENCY BACKUP GENERATORS (hereinafter referred to as the “Construction Contract”); and WHEREAS, Contractor is required by the terms of the Construction Contract to furnish a bond to secure payment for all work, labor, materials, equipment or services furnished in connection with the Construction Contract;
NOW, THEREFORE, Contractor, as principal, and
(hereinafter referred to as “Surety”), as surety, are held and firmly bound unto Claimants, as defined herein, in the penal sum of
Dollars ($________________), lawful money of the
United States, for the payment of which sum well and truly to be made as provided in this Payment Bond.

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner to pay for work, labor, materials, equipment, services, or other items furnished for use and actually used in the performance of the Construction Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies and holds Owner harmless from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for work, labor, materials, equipment, services or other items furnished for use in the performance of the Construction Contract, provided Owner has promptly notified Contractor and Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described below) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Payment Bond and, with substantial accuracy, the amount of the claim.

Item #7.2.

31 4.2 Claimants who do not have a direct contract with the Contractor:

4.2.1. 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

4.2.2. Not having been paid within 30 days of sending the required notice, have sent a written notice to Surety (at the address described below) and sent a copy to the Owner, stating that a claim is being made under this Payment Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. When the Claimant has satisfied the conditions of Paragraph 4, Surety shall promptly and at Surety’s expense take the following actions:

5.1 Send an answer to the Claimant, with a copy to Owner, within 20 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

5.2 Pay or arrange for payment of any undisputed amounts.

6. Surety’s total obligation shall not exceed the amount of this Payment Bond, and the amount of this Payment Bond shall be credited for any payments made in good faith by Surety.

7. Amounts owed by Owner to Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under the Performance Bond. By Contractor furnishing and Owner accepting this Payment Bond, they agree that all funds earned by Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work or the satisfaction of Owner’s claims, including liquidated damages, under the Construction Contract.

8. Surety shall not be liable to Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. Owner shall not be liable for payment of any costs or expenses of any Claimants under this Payment Bond, and shall have under this Payment Bond no obligation to make payments to, give notices on behalf of, or otherwise have any obligation to Claimants under this Payment Bond.

9. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations.

10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction. The prevailing party in any such action shall be entitled to recover its attorneys’ fees, to be taxed as costs.

11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address shown on the signature page.

Item #7.2.

32 12. This Payment Bond has been furnished to comply with Civil Code sections 3247 through 3252. Any provision in this Payment Bond conflicting with those statutory requirements shall be deemed deleted and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Payment Bond shall be construed as a statutory bond and not as a common law bond.

13. Upon request by any person or entity appearing to be a potential beneficiary of this Payment Bond, the Contractor shall promptly furnish a copy of this Payment Bond or shall permit a copy to be made.

14. DEFINITIONS

14.1 Claimant: An individual or entity identified in California Civil Code sections 3181 or 3248.

14.2 Construction Contract: The agreement between Owner and Contractor identified above, including all Contract Documents and changes thereto.

CONTRACTOR, as Principal SURETY
By: By:

Its: Its:

Address: Address:

FAX: FAX:

Note: Signatures of those executing for Surety must be properly acknowledged by Notary. The bond must be accompanied by a power of attorney from the Surety authorizing its agent to bind it to this bond.

Item #7.2.

33 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

34 CERTIFICATE OF INSURANCE AND ENDORSEMENT
(WORKERS COMPENSATION)
Contract with the City of Calistoga, 1232 Washington Street, Calistoga, California 94515, for the construction of:

EMERGENCY BACKUP GENERATORS
THIS IS TO CERTIFY that the company named below has issued the worker’s compensation and employer's liability policies, including a Waiver of Subrogation in favor of the City of Calistoga, listed below to the named insured, and they are in force at this time with the expiration date(s) as stated below. The Company will give at least thirty days (30) written notice to the City prior to any non-renewal or cancellation of said policies.

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Statutory Limits Under
the Laws of the State of
California
Insurance Company
Street Number
City and State
By:
(Authorized representative)
Telephone Number
Date
Principal
City and State
Telephone Number
Notice: No substitution or revision to the above certificate will be accepted. To be acceptable, insurers must be authorized to do business, and have an agent for service of process in California and have an A policy holder's rating and a financial rating of at least class VII in accordance with the most current Best's Ratings.

Item #7.2.

35 CERTIFICATE OF INSURANCE AND ENDORSEMENT
(COMMERCIAL GENERAL LIABILITY)
Contract with the CITY OF CALISTOGA, 1232 Washington Street, Calistoga, California 94515, for the construction of:

EMERGENCY BACKUP GENERATORS
THIS IS TO CERTIFY that (the Company)
(Name of Insurance Company)
has issued the policies listed below in conformance with the limits and requirements of said contract, and are in force at this time with expiration date(s) as stated below.

POLICY EXPIRATION LIMITS OF LIABILITY

NUMBER DATE EACH OCCURRENCE AGGREGATE
Bodily Injury $ $
Property Damage $ $
Bodily Injury and
Property Damage $ $
Combined
Personal Injury $ $
Bodily Injury $ $
(Each Person)
Bodily Injury $ $
(Each Occurrence)
The following types of coverage are included in said policies (indicate by 'X' in space):
(a) GENERAL LIABILITY:

Commercial Broad Form . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Premises-Operations . . . . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Explosion and Collapse Hazard. . . . . . . . . . . . . . . . Yes ____ No ____ Underground Hazard. . . . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Products/Completed Operations Hazard. . . . . . . . Yes ____ No ____ Contractual Insurance. . . . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Broad Form Property Damage. . . . . . . . . . . . . . . . . Yes ____ No ____ Independent Contractors. . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Personal Injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ (b) AUTOMOBILE:

Comprehensive Form. . . . . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Owned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Item #7.2.

36 Hired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Non-Owned. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes ____ No ____ Attach original copy of policy to this certificate.

ENDORSEMENT

1. The City of Calistoga, its officers, officials, directors, employees, volunteers, and Design Engineer are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Calistoga, its officers, officials, directors, employees, volunteers, and Design Engineer. Any insurance or self-insurance maintained by its officers, officials, directors, employees, volunteers, and Design Engineer shall be excess of the Contractor's insurance and shall not contribute with it.

3. Coverage shall not be canceled or non-renewed, except after thirty (30) days' prior written notice has been given to the City of Calistoga.

4. Coverage shall not extend to any indemnity coverage for the negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

This endorsement does not increase the Company's total limits of liability.

Insurance Company Insurance Company
Street Number Street Number
City and State City and State
Insurance Company Agent for By:
service of process in California (Authorized Representative) Name Date
Street Number Agency
City and State Street Number
Telephone Number City and State
Telephone Number ___________
Item #7.2.

i

GENERAL CONDITIONS
Item #7.2.

ii

GENERAL CONDITIONS

TABLE OF CONTENTS
Section Description Page
Section GC-1 Definitions and Terms.............................................................GC-1 Section GC-2 Proposal Requirements and Conditions.................................GC-2 Section GC-3 Award and Execution of Contract...........................................GC-5 Section GC-4 Scope of Work.........................................................................GC-7 Section GC-5 Control of Work ....................................................................GC-10 Section GC-6 Control of Materials..............................................................GC-14 Section GC-7 Legal Relations and Responsibility........................................GC-17 Section GC-8 Prosecution and Progress.....................................................GC-32 Section GC-9 Measurement and Payment.................................................GC-35 Section GC-10 Dust Control ..........................................................................GC-41 Section GC-11 (Reserved).............................................................................GC-41 Section GC-12 Differing Site Conditions.......................................................GC-41 Section GC-13 Archaeological Examination..................................................GC-42 Section GC-14 Temporary Facilities and Controls........................................GC-42 Conditional Waiver and Release upon Progress Payment ..........................................GC-51 Conditional Waiver and Release upon Final Payment.................................................GC-53 Unconditional Waiver and Release upon Progress Payment......................................GC-55 Unconditional Waiver and Release upon Final Payment ............................................GC-57 Item #7.2.

GC-1

GENERAL CONDITIONS

EMERGENCY BACKUP GENERATORS
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):

Architect shall also be used to designate the "Engineer." Caltrans Standard Specifications - Standard Specifications of the State of California, Department of Transportation, 2015 edition. Any reference therein to a State agency or officer shall be interpreted as if the corresponding City of Calistoga 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 of the State of California, Department of Transportation, 2015 edition. All metric measurements or quantities in the Caltrans Standard Plans shall be disregarded, and equivalent United States measures used.

City - The City of Calistoga or its authorized representative. May also be referred to as “Owner” or “Client”.

City Council - The City Council of the City of Calistoga, the governing body of the City Calistoga.

Client - Means “Owner” or “City”.

Contractor - Means the party or parties to whom the City Council awards the contract for construction of the EMERGENCY BACKUP GENERATORS.

Public Works – Public Works Department of the City of Calistoga.

Engineer – The Public Works Director of the City of Calistoga, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. The City of Calistoga may hire an inspector to provide inspection and observation services during construction, on behalf of the City of Calistoga.

Design Engineer – David Fradelizio, RCE#90457
Laboratory - The designated laboratory proposed by the Contractor and approved by the City of Calistoga to test materials and work involved in the contract.

Item #7.2.

GC-2
Standard Plans and Specifications – City of Santa Rosa Design and Construction Standards, most recent version.

Substantial Completion – The time at which the Work has progressed to the point where, in the opinion of Engineer, the Work is sufficiently complete, in accordance with the Contract Documents, so that the Work can be utilized for the purposes for which it is intended. The terms “substantially complete” and “Substantially completed” as applied to all or part of the work refer to Substantial Completion thereof.

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, 2015 edition.

SECTION GC-2 PROPOSAL REQUIREMENTS AND CONDITIONS
A. APPROXIMATE QUANTITY ESTIMATE
The quantities given in the Notice Inviting Bids and in the proposal and contract forms are approximate only, being given as a basis for the comparison of bids, and the City does not, expressly or by implication, agree that the actual amount of work will correspond 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 Engineer/Owner.

B. EXAMINATION OF SCOPE OF WORK, CONTRACT, AND SITE OF WORK The bidder shall examine carefully the site of work contemplated, Contract Documents, and the proposal and contract forms therefor. 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 proposal, and the contract. If, during the course of their examination, a bidder finds facts or conditions which appear to them to be in conflict with the letter or spirit of the scope of work, they shall contact the Engineer/Owner for additional information and explanation before submitting their bid. Any request for information must be submitted at least ten (10) working days before the time announced for opening the proposals.

If the Work includes installation of materials or equipment furnished by others, or work to be performed in areas to be constructed or prepared by others, or connection to work performed by others, Contractor shall examine the preceding materials, equipment, construction or conditions at the time of delivery or first access, and shall immediately notify Owner of any circumstances that are not suitable for Contractor’s work. Contractor shall handle, store and install the items, and protect the areas, with the skill and care required to insure satisfactory completion of the Work. Use of such items, commencement of work by Contractor in such areas or connection with such work shall be deemed to constitute acceptance thereof by Contractor.

C. QUESTIONS DURING BIDDING
Item #7.2.

GC-3
Any questions regarding the Contract Documents or proposal forms shall be directed to the person listed in the Instructions to Bidders. All questions must be submitted in writing at least ten (10) working days before the original bid date.

D. ADDENDA
The Engineer/Owner may, when the Engineer/Owner deems necessary, issue addenda to the Contract Documents to amend, clarify or correct matters 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.

E. PROPOSAL FORM
All proposals must be submitted upon blank forms provided in the Contract Documents which may be obtained at www.blueprintexpress.com/Calistoga. Proposals shall include all applicable taxes, which the Contractor is required to pay. All proposals must give the prices proposed and must be signed by the bidder, with his address. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer. All proposals shall be submitted as directed in the "Notice Inviting Bids" and “Instructions to Bidders” under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.

F. SUBCONTRACTORS
The bidder shall submit with its bid:

The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or 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 the scope of work, 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.

The portion of the work, which will be done by each subcontractor. The Contractor shall list only one subcontractor for each portion as is defined by the prime Contractor in his bid.

Item #7.2.

GC-4
No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1725.5, 1777.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code.

G. REJECTION OF PROPOSALS
Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind.

The City reserves the right to reject any and all proposals. The City reserves the right to waive any minor bid irregularities in conjunction with bid award.

H. PROPOSAL GUARANTY
All bids shall be presented under sealed cover and shall be accompanied by a cashier's check or a certified check, amounting to 10% of the bid, payable to the order of the City of Calistoga, or by bond on the form included in the bid documents for that amount and so payable, to the satisfaction and approval of the City Engineer, and no bid shall be considered unless such cashier's check, certified check, or bid bond is enclosed therewith. The amount so posted shall be forfeited to the City of Calistoga if the bidder does not, within 10 days after written notice that the contract has been awarded to the bidder, enter into a contract with the City of Calistoga for the Work and provide the required bonds and evidence of insurance.

I. WITHDRAWAL OF PROPOSALS
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for withdrawal of the bid filed with the City Clerk. The bidder or his duly authorized representative shall request that the bid be withdrawn. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids except as stated in item GC-2 K.

J. PUBLIC OPENING OF PROPOSALS
Proposals 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.

K. MISTAKE
Item #7.2.

GC-5
Pursuant to Public Contract Code § 5100, a bid may be withdrawn after public opening of proposals only upon the following conditions: a mistake was made; the bidder provides written notice to the City Engineer within five days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred; the mistake was made in filling out the bid, and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the scope of work; and the mistake made the bid materially different than the bidder intended.

SECTION GC-3 AWARD AND EXECUTION OF CONTRACT
In accordance with the provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid Class A (General Engineering) Contractor license. Failure to possess the specified license at the time of the bid is submitted shall render the bid non-responsive and shall act as a bar to award of the contract to the bidder.

A. AWARD OF CONTRACT
The right is reserved to reject any and all proposals. 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 prescribed as satisfactory to the City. Such award, if made, will be made within sixty (60) days after the opening of the proposals. All bids will be compared on the basis of the Engineer/Owner's estimate of quantities of work to be done as shown on the proposal form.

The lowest bid shall be determined based on the lowest total of the bid prices on the base contract, without regard to additive or deductive bid items, for all responsive, responsible bidders.

The City reserves the right to waive any minor bid irregularities in conjunction with bid award.

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 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 Civil Code Sections 9550 et seq. 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. Bonds must be submitted on the forms included in the bid documents. No other form will be accepted.

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.

Item #7.2.

GC-6
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 certificates required by Section GC-7 (S) of these General Conditions, no later than ten (10) calendar days after the City has given Contractor written notice that the Contract has been awarded by the City Council. No proposal shall be considered binding upon the City of Calistoga until the award of the contract by the City Council and concurred by the Agency.

Owner shall furnish to Contractor one digital copy of Drawings in PDF format for his use in supplying copies to his project team and to his subcontractors/suppliers.

D. NOTICE TO PROCEED
A separate Notice to Proceed will be issued to the Contractor for this work. Within ten (10) calendar days from the Notice to Proceed or date specified in the Notice to Proceed, the Contractor shall commence work and working days will be charged to the Contractor after this date.

E. FAILURE TO EXECUTE CONTRACT
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 ten (10) 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 ten (10) 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 proposal guaranty of each such bidder.

F. RETURN OF PROPOSAL GUARANTEES
The City will retain all proposal guarantees until the Agreement for the Work has been fully executed and the City has received the required bonds and evidence of insurance or the City has acted to reject all bids. The City will return the proposal guarantees of unsuccessful bidders, other than those forfeited, promptly thereafter.

Item #7.2.

GC-7
SECTION GC-4 SCOPE OF WORK
A. INTENT OF SCOPE OF WORK
The intent of the Contract Documents is to describe the details for the construction and completion of the work, which the Contractor undertakes to perform in accordance with the terms of the contract.

Where the scope of work describes portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail for construction of a complete, safe, operable, and functional improvement 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, flagmen, transportation and incidentals, and do all the work involved in executing the contract in a complete, functional, satisfactory, and workmanlike manner.

B. STANDARD SPECIFICATIONS AND SPECIAL PROVISIONS; PRECEDENCE OF DOCUMENTS All work embraced herein shall be constructed in strict accordance with the applicable codes, specifications of the City of Santa Rosa Design and Construction Standards and the Caltrans Standard Plans and Specifications, where applicable. All work will be done under the general observation of the City of Calistoga and shall be the responsibility of the Contractor.

All work and material shall be in full accordance with the latest edition of all applicable codes, rules and regulations. Should there be any direct conflict between the regulations and the Construction Drawings or Specifications, the regulations shall govern. All conflicts shall be brought to the attention of the Engineer/Owner prior to beginning the work. No extra charge shall be paid for furnishing and installing items required by the regulations but not specified or indicated on the Construction Drawings, including accessories and appurtenances necessary for a complete and fully-functioning installation.

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 STANDARD SPECIFICATIONS, and SPECIAL PROVISIONS shall apply. In the case of conflict between the Santa Rosa Design and Construction Standards and the Caltrans Standard Specifications, the requirement most favorable to the City shall apply.

In the event of a conflict between the CONTRACTOR’s Work Order Proposal and documents referenced therein, and any other part of the Contract Documents the other part shall control.

C. SITE AND AREA CLEAN UP AND FINAL CLEAN UP
Item #7.2.

GC-8
The Contractor is responsible for the following work throughout the construction period: Keep premises, adjacent private properties and public properties free from accumulations of waste, debris and rubbish caused by construction operations. Remove debris and dirt from public property promptly; street sweep roads and sidewalks and adjacent streets daily when soiled by work performed under this Contract. Maintain project in accord with state and local safety and insurance standards. Conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws.

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; and all parts of the Work shall be left in a neat and presentable condition. Any damage to property, missing signs, mailboxes, etc. caused by Contractor must be repaired/replaced to the satisfaction of the Engineer/Owner. Full compensation for final clean up shall be considered as included in the prices paid for the various contract items of work, and no separate payment will be made therefor. If the Contractor fails to clean up to the satisfaction of the Owner, the Owner may accomplish such clean up and charge the cost thereof to the Contractor.

D. CHANGES
The City of Calistoga 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 Engineer/Owner to be necessary or advisable and to require such extra work as may be determined by the Engineer/Owner to be required for the proper completion or construction of the whole work contemplated. Changes in quantities shall be in accordance with the provisions of Section 4-1.05 – Changes and Extra Work and Section 9-1.04 – Force Account of the Caltrans Standard Specifications.

Any such changes will be set forth in a contract change order which will specify, in addition to the work to be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work.

Any change order proposal received from the Contractor must include all direct/indirect expenses.

A contract change order will not become effective until approved by the Director of Public Works Department.

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 legislative body, and may further require notice to affected property owners and the conduct of a public hearing.

E. SEVERABILITY CLAUSE
Item #7.2.

GC-9
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 specifications shall not be affected thereby and shall remain valid and fully enforceable
F. EXTRA WORK
New and unforeseen work necessary for the project or otherwise in the City’s interest and not reasonably avoidable by the Contractor 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 Engineer/Owner.

Compensation for authorized extra work will be paid as previously agreed upon in writing, or by force account as provided in Section 9-1.04 of the Caltrans Standard Specifications.

Markups on lump sum agreed amounts shall not exceed the markups described in Section 9-1.04 of the Caltrans Standard Specifications.

G. NPDES PERMITTING
Reserved.

H. CONTRACTOR’S AS-BUILT DRAWINGS
Contractor shall be provided one clean set of existing facility plans which Contractor shall keep at the site of the work at all times. The following information shall be inserted and dimensioned on said drawings and specifications, in RED, by the Contractor: the exact location of all installations in their finished condition, including all structural, electrical, plumbing and mechanical installations; all changes in construction, materials and installed equipment; adequate dimensional data, both horizontal and vertical, to allow location of covered installations; the identification of changes authorized by change order, and the number of that change order. Also include the horizontal and vertical location of buried and overhead utilities encountered. Upon completion of the work, said drawings and specifications shall be returned to the Engineer.

SECTION GC-5 CONTROL OF WORK
A. AUTHORITY OF ENGINEER/OWNER
The Engineer/Owner or his designee 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 scope of work; all questions as to the acceptable fulfillment of the contract on the part of the Item #7.2.

GC-10
Contractor; and all questions as to compensation. The Engineer/Owner's decision shall be final and the Engineer/Owner or his designee shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.

B. WORKING DRAWINGS
All authorized alterations affecting the requirements and information given on the approved scope of work shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the City.

The scope of work shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately perform the Work. No change shall be made by the Contractor in any working drawing after it has been approved by the City.

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 considered as included in the prices paid for the contract items of work to which such drawings relate and no additional compensation will be allowed 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 Engineer/Owner shall be the sole judge as to whether the work or materials deviate from the scope of work, and his decision as to any allowable deviations therefrom shall be final. Deviations from the approved scope of work, as may be required by the exigencies of construction, will be determined in all cases by the Engineer/Owner and authorized in writing.

D. COORDINATION AND INTERPRETATION OF STANDARD SPECIFICATIONS, AND SPECIAL

PROVISIONS
The Caltrans Standard Specifications, the Santa Rosa Design and Construction Standards, the Technical Specifications, these General Conditions, the Supplemental Conditions, contract change orders, and all supplemental documents are essential parts of the Contract Documents, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary, to describe, and to provide for a complete work. Generally, the most stringent requirements shall control in the event of any conflict with the Caltrans Standard Specifications or the Santa Rosa Design and Construction Standards, and the Supplemental Item #7.2.

GC-11
Conditions. Otherwise, in the event of a conflict, the requirement most favorable to the City 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.

All conflicts or differences between plan details and regulatory requirements shall be brought to the immediate attention of the Engineer/Owner for clarification.

E. ORDER OF WORK
When required by the Special Provisions, the Contractor shall follow the sequence of operations as set forth therein. Full compensation for conforming with such requirements will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

F. SUPERINTENDENCE
The Contractor shall provide competent supervision of the Work as favorably reviewed by the Engineer/Owner. The Contractor or designated representative shall be present at the site at all times while critical construction activities are actually in progress. Critical construction activities will be defined as any field work related to the installation of the generators or utility lines.

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 Engineer/Owner. 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 shall not designate a subcontractor as the authorized representative.

During periods when work is suspended, arrangements acceptable to the Engineer/Owner shall be made for any emergency work that may be required. Whenever the Contractor or representative is not present on any particular part of the work where the Engineer/Owner desires to give direction, orders will be given by the Engineer/Owner 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 designated representative to be present at the job site at all times when critical construction activities are in progress will be considered as failure on the part of the Contractor to perform a provision of the Contract, and as such, the Engineer/Owner may, in accordance with Section 8-1.06 of the Caltrans Standard Specifications, “Suspensions”, suspend all work until such time as satisfactory arrangements have been made to have a designated representative on the site at all times when critical construction activities are in progress. No additional compensation or additional working days will be allowed by reason of such suspension. The days on which the suspension is in effect shall be considered working days if Item #7.2.

GC-12
such days are working days within the meaning of the definition set forth in Section 8-1.05 of the Caltrans Standard Specifications, “Time.”
G. LINES AND GRADES
Such stakes or marks shall be set by a licensed Land Surveyor selected by the Contractor as the Contractor and/or Engineer/Owner determines to be necessary to establish the lines and grades required for the completion of the Work.

When the Contractor requires such stakes or marks, the Contractor shall coordinate and schedule his requirements with his Land Surveyor in advance of starting operations that require such stakes or marks. The Contractor shall coordinate his work such that all work is performed to the required lines and grades.

The Contractor shall ensure that the area to receive stakes shall be free of all obstructions, equipment, stockpiles, etc.

Stakes and marks set by the Land Surveyor shall be carefully protected from vandalism and preserved by the Contractor. In case such stakes and marks are lost, destroyed, or damaged, the Contractor shall coordinate and schedule for the stakes to be reset and replaced within three (3) working days.

Full compensation for the Contractor to retain a licensed Land Surveyor to set or reset stakes or marks to establish lines and grades, and for all other related charges such as calculations and preparation of cut-sheets and layout drawings, will be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

H. CONSTRUCTION OBSERVATION
The Engineer/Owner 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 Engineer/Owner’s observation.

The Contractor shall request all inspections and observations by the Engineer/Owner, the special inspector, the geotechnical engineer, or the testing laboratory at least 48 hours in advance of the time they are required.

The observation of the work or materials or the absence of such observation shall not relieve the Contractor of any of his obligations to perform the Work as prescribed. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously observed by the Engineer/Owner or that payment therefore has been included in a progress estimate.

Item #7.2.

GC-13
I. REMOVAL OF REJECTED AND UNAUTHORIZED WORK
All work that has been rejected shall be remedied, or removed from the site and replaced by the Contractor in an acceptable manner as determined by the Engineer/Owner and no compensation will be allowed for such removal, replacement, or remedial work.

Upon failure of the Contractor to comply promptly with any order of the Engineer/Owner made under this section, the Engineer/Owner may cause rejected or unauthorized work to be remedied, removed, or replaced, and to deduct the costs from any monies due or to become due the Contractor.

J. CHARACTER OF WORKMEN
If any subcontractor or person employed by the Contractor shall appear to the Engineer/Owner to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the request of the Engineer/Owner, and such person shall not again be employed on the Work.

K. FINAL INSPECTION
The final inspection shall be requested in writing by the Contractor when the work has been completed. The Engineer/Owner will promptly make the final inspection with the Owner, Agency, and Contractor. The Engineer/Owner will notify the Contractor in writing of all particulars in which this inspection reveals that the work is incomplete or defective. Contractor shall immediately take such measures as necessary to complete such work or remedy such deficiencies.

SECTION GC-6 CONTROL OF MATERIALS
A. GENERAL
The control of the materials required to complete 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 of the materials shall be favorably reviewed by the Engineer/Owner before delivery is started and before such material is used in the work.

Item #7.2.

GC-14
Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work, for testing or examination when requested by the Engineer/Owner or as specified in these documents. Contractor shall provide a copy of all test results to the Engineer/Owner within five (5) days of the testing at no charge to the City.

All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the Caltrans Standard Specifications, the City of Santa Rosa Design and Construction Standards, and the Special Provisions.

The Contractor shall furnish such samples of materials as are requested by the Engineer/Owner, without charge. No material shall be used until it has been favorably reviewed by the Engineer/Owner.

C. DEFECTIVE MATERIALS
All materials that the Engineer/Owner has determined 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 site of the Work, unless otherwise permitted by the Engineer/Owner. No rejected material shall be used in the Work, unless the defects have been fully corrected and favorably reviewed in writing has been given by the Engineer/Owner. The cost of re-testing material or workmanship that fails to pass the first test shall be borne by the Contractor. Upon failure of the Contractor to comply promptly with any order of the Engineer/Owner made under the provisions in this section, the Engineer/Owner shall have authority to cause the removal and replacement of rejected material and to deduct the cost thereof from any monies due or to become due the Contractor.

D. SUBSTITUTION OF EQUALS
Except for items specifically identified as non-substitutable in the Notice to Bidders or elsewhere in Contract Documents, whenever in the Contract Documents any material, equipment or process is indicated or specified by patent or proprietary name and/or by name of manufacturer, and the Contractor desires to offer a substitute material, equipment or process on the basis that the substitute is the equal in every respect to that so indicated or specified, then the Contractor shall first submit to the Engineer/Owner for his favorable review, such detailed plans and specifications and other data as the Engineer/Owner may deem necessary to enable him to determine if the substitute is the equal of that specified.

The Engineer/Owner shall in all cases be the judge as to whether the substitute offered is the equivalent in all respects of the material, equipment or process specified.

If the material, equipment or process offered by the Contractor is not, in the opinion of the Engineer/Owner, equivalent in all respects to that specified, then the Contractor must furnish Item #7.2.

GC-15
the material, equipment or process specified, or one that in the opinion of the Engineer/Owner is the equivalent thereof in every respect.

If the material, equipment or process offered by the Contractor is, in the opinion of the Engineer/Owner, equal in every respect to that specified, and is favorably reviewed for substitution, then the City shall receive the full benefit of any saving in cost to the Contractor which might result from such substitution. The submittals involving substitutions shall identify the amount of credit due the owner resulting from the acceptance of the substitution.

In the event that a material, equipment or process is substituted in place of that specified, in accordance with the above, and such substitution, in the opinion of the Engineer/Owner, makes it necessary to change, alter, modify or redesign any unit or part of the Work of which the substitution is a part, then the Contractor shall pay all costs, including engineering and testing costs, occasioned by such change, alteration, modification or redesign.

E. SUBMITTALS
Engineer/Owner reserves the right to take and analyze samples of materials for conformity to Special Provisions at any time. Contractor shall furnish samples and/or manufacturer’s specification sheets for any construction material or item upon request by the Engineer/Owner.

Rejected materials shall be immediately removed from the site at the Contractor’s expense. The cost of testing materials not meeting Special Provision requirements shall be paid by the Contractor.

F. COST REDUCTION INCENTIVE
The Contractor may submit to the Engineer/Owner, in writing, proposals for modifying the scope of work or other requirements of the contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the Work, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.

All cost reduction proposals shall contain the following information:

1. A description of both the existing contract requirements for performing the work and the proposed changes.

2. An itemization of the contract requirements that must be changed if the proposal is adopted.

3. A detailed estimate of the cost of performing the work under the existing contract and under the proposed change. The estimates of cost shall be determined in the same manner as if the work were to be paid for on a force account basis as provided in Section 9-1.04, "Force Account Payment," of the Caltrans Standard Specifications.

Item #7.2.

GC-16

4. A statement of the time within which the Engineer/Owner must make a decision thereon.

5. The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.

The provisions of this section shall not be construed to require the Engineer/Owner to consider any cost reduction proposal that may be submitted; the City and Engineer/Owner will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section or for any delays to the Work attributable to any such proposal. If a cost reduction proposal is similar to a change in the scope of work under consideration by the City for the project at the time said proposal is submitted, the Engineer/Owner will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this section.

The Contractor shall continue to perform the Work in accordance with the requirements of the Contract until an executed change order incorporating the cost reduction proposal has been issued. If an executed change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal shall be deemed rejected.

The Engineer/Owner shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the contract bid prices if in the judgment of the Engineer/Owner, such prices do not represent a fair measure of the value of work to be performed or to be deleted.

The City of Calistoga reserves the right where it deems such action appropriate, to require the Contractor to share in the City of Calistoga's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed and accepted by the Contractor, such acceptance shall constitute full authority for the City of Calistoga to deduct the Contractor’s portion of the costs from any monies due or that may become due to the Contractor under the contract.

If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order, which will specifically state that it is executed pursuant to this section. Such change order shall incorporate the changes in the scope of work which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect, and shall include any conditions upon which the City of Calistoga's approval thereof is based if the approval of the City of Calistoga is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be paid 50% of said estimated net savings amount. The Contractor's cost of preparing the cost reduction incentive proposal and the City of Calistoga's costs of investigating a cost reduction incentive Item #7.2.

GC-17
proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs.

Acceptance of the cost reduction proposal and performance of the work there under shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the cost reduction proposal.

The amount specified to be paid to the Contractor in the change order that effectuates a cost reduction proposal shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work thereof pursuant to the said change order.

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 of the Caltrans Standard Specifications and to the laws therein applicable to this contract. Full compensation for conforming to the provisions of Section 7-1.03 (Public Convenience) and 7-1.04 (Public Safety) shall be considered included in the prices paid for the various contract items of work, and no additional compensation shall be allowed therefor.

B. LAWS TO BE OBSERVED
The Contractor shall keep himself 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 such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City, and all officers and employees thereof connected with the work, including but not limited to the City Engineer, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the City’s representative or their employees. If any discrepancy or inconsistency is discovered in the scope of work 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 Engineer/Owner in writing.

C. LABOR
In connection with laws to be observed and responsibility of the Contractor, attention is directed to Section 7 of the Caltrans Standard Specifications and the laws therein referred to which are applicable to this contract. Attention is particularly directed to the subsections pertaining to Item #7.2.

GC-18
Hours of Labor, Alien Labor, Labor Discrimination, Prevailing Wages, Apprentices, and the Fair Labor Standards Act.

This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and the contractor and any subcontractor under him shall pay not less than the specified prevailing rates of wage to all workmen employed. Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the City Council of the City of Calistoga has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City, a copy of which is on file in the office of the City Engineer, and shall be made available for viewing to any interested party upon request.

The contractor and subcontractors must furnish monthly electronic certified payroll records to the Labor Commissioner and to the City of Calistoga Public Works Department.

In accordance with Labor Code Section 1725.5 (with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)), no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.

In accordance with Labor Code Section 1725.5 no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations.

Attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of himself/herself and any subcontractors 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 Engineer/Owner 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 selfinsurance in accordance with the provisions before commencing the performance of the work of this contract."
Item #7.2.

GC-19
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor.

All penalties set forth in Section 7 of the Caltrans Standard Specifications shall be payable to the City of Calistoga.

D. CONTRACTOR'S LICENSING LAWS
Attention is directed to Business and Professions Code Sections 7000 et seq. concerning the licensing of contractors. The Contractor and all subcontractors shall be licensed in accordance with the laws of this State at the time of the award and any Contractor or subcontractor not so licensed is subject to penalties imposed by such laws.

E. 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 Section 4300 et seq. of the California Government Code.

Any person who fails to comply with the provisions of these laws shall not be awarded any contract to which these statutes apply for a period of 3 years from the date of the violation.

F. 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.

G. 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 the City of Calistoga for performing any work on this project will be issued by the City of Calistoga at no charge to the Contractor. The Contractor and all subcontractors shall obtain a City business license prior to starting work.

H. 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 other obligations set forth in paragraph N., Contractor shall indemnify, defend, and hold the City of Calistoga, its Item #7.2.

GC-20
elected and appointed officials and employees harmless against any claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of Contractor’s work under this Agreement.

I. SAFETY
The Contractor shall be solely and completely responsible for conditions of the job site, including the health, safety and security of all persons (including employees) and property on or near the Project or adjacent to the site of the Work during the performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. The duty of the Engineer/Owner 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 compliance with the obligations and 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 an employee who is qualified and authorized to supervise and enforce compliance with the safety program. The safety program shall be posted at the project site.

J. PUBLIC CONVENIENCE AND SAFETY
The Contractor's attention is directed to Subsections 7-1.03 and 7-1.04 of the Caltrans Standard Specifications. Full compensation for complying with the provisions of such subsections shall be considered included in the prices paid for the various contract items of work, and no additional compensation shall be allowed therefor.

All signs required by the Contract Documents shall be furnished and installed by the Contractor.

The cost of furnishing, installing, maintaining, and removing such signs shall be considered as included in the prices paid for the various contract items of work, and no additional compensation shall be allowed therefor.

The Contractor shall notify the Engineer, the City of Calistoga’s Fire and Police Departments, School District and Upper Valley Disposal & Recycling in writing at least two (2) working days before closing any travel lane of any street or otherwise hindering access by emergency vehicles to any area.

K. FLAGGING COSTS
Item #7.2.

GC-21
The costs of furnishing all flagmen and guards under the provisions of this section will be borne by the Contractor and shall be considered included in the lump sum price paid for Traffic Control System, and no additional compensation shall be allowed therefor. Contractor shall submit a traffic control plan to the Engineer/Owner for approval prior to start of work.

L. PRESERVATION OF PROPERTY
Attention is directed to Section 7-1.05 and Section 7-1.06 "Indemnification and Insurance," and to Section 5-1.36, "Property and Facility Preservation" 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 shall be protected from injury or damage, and if ordered by the Engineer/Owner, the Contractor shall provide and install suitable safeguards, favorably reviewed by the Engineer/Owner, 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 Engineer/Owner 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 48 hours, or two working days, prior to beginning of construction, the Contractor shall notify Underground Services Alert (USA), telephone 1-800-227-2600, 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 considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

M. DOMESTIC WATER TURN-OFF
Water valves installed in the City of Calistoga's domestic or recycled water distribution system shall not be closed (water turned off) without the written consent of the City Engineer. All grading and other excavation work shall be conducted so that the domestic and recycled water systemsshall not be endangered in any way whatsoever. In the event that the nature of the work is such that certain water valves must be closed for the installation of the Work, the Contractor Item #7.2.

GC-22
shall prepare for approval by the Owner’s Representative, a form letter of explanation and notice of intent for temporary water shutoff, said notice to be distributed by the Contractor to each and every residence and/or place of business within the area for which water service is to be temporarily discontinued a minimum of 72 hours prior to the shutdown.

Temporary water shutoffs shall be strictly limited to the shortest possible durations, and shall occur only between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. The schedule and duration of temporary water shutoffs shall be subject to the approval of the Owner or its representatives.

N. RESPONSIBILITY FOR DAMAGE
The City of Calistoga and all of their officers, directors, engineers, officials, volunteers, consultants, subconsultants, and employees thereof connected with the Work, including but not limited to the City Council and the City Engineer, 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 the negligence of the City of Calistoga's officers, employees, directors, engineers, officials, subconsultants, or volunteers.

Notwithstanding any other provision of the Contract Documents, Contractor shall, to the fullest extent allowed by law and equity, defend, indemnify and hold harmless the City of Calistoga, its elected and appointed officials and employees and volunteers, and their officers, directors engineers, employees, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including reasonable 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, which injury, death or damage but only to the extent caused by the Contractor’s negligent performance of the Contract. Said indemnity shall not be applicable to injury, death or damage to property arising from the negligence or willful misconduct of City, its officers, agents, consultants, engineers, or servants who are directly responsible to City, and its directors, officers, employees, and subconsultants. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason.

Without limiting the generality of the foregoing indemnity, such indemnity obligation expressly extends to and includes any and all claims, demands, losses, damages, costs, expenses, fines, penalties, judgments or liability occasioned as a result of:

1. Damages to adjacent property caused by the conduct of the Work;

2. 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;
Item #7.2.

GC-23

3. 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 the City, may be retained by the City of Calistoga until disposition has been made of such suits or claims for damage.

O. COOPERATION
Should construction be under way by the City, other agencies or other contractors within or adjacent to the limits of the work specified 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.

The Owner 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.

P. 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. The City of Calistoga 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 Provisions.

Q. ACCEPTANCE OF WORK
When the Engineer/Owner has made the final inspection and determines that the Work has been completed in all respects in accordance with the scope of work, the Engineer/Owner may recommend that the City Council formally accept the Work, and immediately upon and after such acceptance by the City Council, the Contractor will not be required to perform any further work, except completion or correction of such items as the Engineer/Owner may direct, and the Contractor shall be relieved of his responsibility for injury to persons or property or damage to the Work which occurs after the formal acceptance by the City Council. The formal acceptance by the City Council does not relieve the Contractor of the one (1) year maintenance/warranty responsibility
R. PERSONAL LIABILITY
Neither the City Council, the City Engineer, Senior Civil Engineers, nor any other officer or authorized employee of the City of Calistoga, nor any officer or employee of any state, county, city or district, shall be personally responsible for any liability arising under or by virtue of the Contract.

Item #7.2.

GC-24
S. INSURANCE
Within ten (10) calendar 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 the 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 the City. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof. In addition, the Commercial General Liability Insurance shall be maintained for a minimum of five (5) years after final completion and acceptance of the Work.

The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required herein.

The Contractor shall not allow any subcontractors to commence work until all insurance required of the subcontractor has been obtained and verified by the Contractor and submitted to the City.

Subcontractors shall furnish original certificates and endorsements as verification of insurance coverage. The liability insurance limits specified herein shall apply to all subcontractors listed in Contractor’s bid. The Contractor shall designate appropriate insurance limits for all other subcontractors.

Companies writing the insurance under this article shall be authorized to do business in the State of California. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII.

Contractor shall include all costs for all insurance and endorsements in its bid.

Nothing contained in these insurance requirements is to be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from its operations under this Contract. Coverage required hereunder shall operate as Primary insurance.

The Contractor shall procure, pay for, and maintain throughout the duration of this Contract the following insurance coverage:

Commercial General and Comprehensive Automobile Liability Insurance - This insurance shall protect the Contractor from claims for bodily injury and property damage that 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 2010 0704 and CG 2037 0704 or their equivalents and Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). Claimsmade policies will not be accepted.

Item #7.2.

GC-25

1. Additional Insureds – The Commercial General Liability policy of insurance shall be endorsed to includ as additional insureds the City of Calistoga, its officers, elected and appointed officials, directors, employees, agents and volunteers, using ISO Forms CG20100704 and CG20370704. 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, and 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.

2. Amount of Coverage - The bodily injury and property damage liability of the Commercial General Liability insurance shall provide coverage in the following limits of liability:
$2,000,000 per occurrence with an annual general aggregate limit of not less than $2,000,000, and $2,000,000 products and completed operations aggregate, combined single limit. The Automobile Liability insurance policy shall provide minimum limits of $1,000,000 per accident for bodily injury and property damage.

3. Subcontractors - The liability insurance shall not require the Contractor to have its subcontractors named as insureds in the Contractor's policy, but the policy shall protect the Contractor from contingent liability which may arise from operations of its subcontractors.

4. Included Coverage - The above Commercial General Liability insurance shall also include the following coverages:

Premises – Operations;
Products - Completed Operations;
Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.); Blanket Contractual liability, including the indemnity agreement in this contract; Separation of Insureds / Cross-Liability Provisions;
Duty to Defend all Insureds;
Deletion of any limitation on Coverage for Bodily Injury or Property Damage arising out of Subsidence or Soil or Earth Movement;
A provision that the annual general aggregate and the products and completed operations annual aggregate shall apply separately to the Project; Pollution Legal Liability Endorsement
XCU - (Explosion, Collapse, Underground Damage) XCU may not be deleted.

5. 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 policy shall be provided on a “following form” basis with coverage at least as broad as provided Item #7.2.

GC-26
on the underlying Commercial General Liability insurance and Comprehensive Automobile Liability.

6. The certificate of insurance shall guaranty that the policy will not be non-renewed or canceled without at least thirty (30) days’ notice mailed to the City Engineer, City of Calistoga, 1232 Washington Street, Calistoga, California, 94515.

7. Coverage shall not extend to any indemnity coverage for thenegligence of any 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 - Section 3700 of the Labor Code requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and to comply with such provisions and have Employers' Liability limits of $1,000,000 per accident and per disease for bodily injury or disease before commencing the performance of the Work. A Waiver of Subrogation in favor of the City is required for Worker’s Compensation Insurance.

Before the Notice to Proceed with the Work is issued, the Contractor shall submit written evidence that the Contractor has obtained for the period of the Contract full Workers’ Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work. This insurance shall be in accordance with the requirements of the most current and applicable State Workers’ Compensation Insurance Laws.

Builder's Risk Insurance - "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, covering all risks of loss, including but not limited to, fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, smoke damage, damage by aircraft or vehicles, vandalism and malicious mischief, theft, collapse, flood, and earthquake. This insurance shall include the City of Calistoga, its officers, elected and appointed officials, employees and volunteers, and the Contractor as additional insureds, as their interests may appear, and shall include coverage including, but not limited to, all damages or loss to the Work and to appurtenances, to materials and equipment to be used on the Project while the same are in transit, stored on or off the project site, to construction plant and temporary structures. This insurance coverage is required only if as part of this project and is listed as a separate Bid Item in the Bid Schedule.

Coverage for “Acts of God,” as defined in Public Contract Code Section 7105, in excess of five percent of the Contract amount is subject to separate coverage and is required only if listed as a separate Bid Item in the Bid Schedule.

Builder’s Risk Insurance policies shall contain the following provisions:

Item #7.2.

GC-27

1. The City shall be named as joint loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Builder’s Risk Insurance may have a deductible clause not to exceed the following limits:

1. If, pursuant to Section 7105 of the Public Contract Code, the City requires coverage for any damage to the work caused by an “Act of God,” as defined by Section 7105(b)(2) of that Code, 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 the 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 with the Work under this Contract is issued, the Contractor shall furnish the City with certificate(s) evidencing issuance of all insurance mentioned herein, copies of the policy declaration or information page(s) and endorsements, including waivers of subrogation for Workers’ Compensation and Employment Liability coverage. The certificate(s) and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on amended ACORD forms and ISO endorsement forms or equivalent endorsement forms acceptable to the City. The certificate(s), policy declaration or information page(s), and endorsements are to be received and approved by the City before work commences. Such certificates of insurance shall provide that the insurance policy shall not be cancelable or be subject to nonrenewalexcept with thirty (30) days' prior written notice to the City. Contractor shall also provide certificate(s) evidencing renewals of all insurance required herein, at least ten (10) days prior to the expiration date of any such insurance.

Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City and other additional insureds; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

In the event of the breach of any provision of this paragraph, or in the event of any notices received which indicate 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.

Item #7.2.

GC-28
T. TERMINATION
Termination for Cause
If the City terminates the Contract for cause, the 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 rebidding the contract or performing the Work, and 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, upon the bond. The Contractor shall not receive any further payment until the Work is complete.

In addition to terminating Contractor’s control of the Work under Section 8-1.13 “Contractor’s Control Termination” of the Caltrans Standard Specifications; the City may also terminate the contract for the following causes:

1. 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.

2. The Contractor or any of its subcontractors violate any of the material provisions of the Contract or fail to perform the Work within the time specified in the Contract Documents.

3. The Contractor or any of its subcontractors should fail to make prompt payment to subcontractors or material suppliers for material or for labor.

4. The Contractor or a subcontractor persistently disregards laws, ordinances, or the instructions of the City or the Engineer/Owner.

5. The Contractor fails to abide by a proper stop work notice or fails to correct rejected work or materials.

6. The Contractor fails to provide and keep in full force and effect all required insurance or fails to cause all subcontractors to so comply.

7. The Contractor fails to supply a sufficient number of properly skilled workers or proper materials, or fails to diligently prosecute the Work.

8. The Contractor commits any substantial violation of the Contract which constitutes a material breach of the Contract.

The City may, after providing a commercially reasonable time to cure and Contractor fails to cure, give written notice to the Contractor of its intention to terminate the contract.

Unless within seven (7) days of the delivery of such notice, the Contractor shall 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 the City, the Contractor’s right to complete the Work shall cease and terminate.

Item #7.2.

GC-29
In the event of any such termination, the City shall immediately give written notice thereof to the Contractor. If the City takes over the Work, it may prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor shall be liable to the City for any excess costs, including management, supervision, and design support, occasioned thereby. In such event, the 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 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 Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.

Termination for Convenience
City may terminate this contract at any time without cause, when the City considers it in the City’s best interest to do so.

If City terminates this contract pursuant to this section, Contractor shall be paid an amount calculated as follows:

A) The Bid item cost or commensurate progress value established by the approved progress payment breakdown for work satisfactorily completed and the City shall pay the full value of the payment breakdown item for demobilization plus all direct cost of demobilization exceeding the payment item.

Upon receiving a termination notice, protect unused material until:

A) Contractor shall submit an inventory of materials already produced, purchased, or ordered but not yet used; include the location of the material.

B) The City identifies materials that will be retained by the City. Submit bills of sales or other records of material title.

C) The City confirms that unused materials paid by progress payment and materials furnished by the City have been delivered and stored as ordered.

Item #7.2.

GC-30
If the City issues a termination notice, the City determines the payment for termination based on the following:

A) Progressed value of completed work to date of termination as established by the approved Progress Payment Breakdown for the work including:
a. Mobilization.
b. Demobilization.
c. Securing the job site for termination.
d. Material handling costs for material returned to the vendor or disposed of as ordered will be paid to the Contractor.
e. Costs in determining the payment adjustment due to the termination.

B) The City will not pay for the following, when work is terminated:
a. Cost of materials Contractor keeps.
b. Profit realized from the sale of materials by contractor c. Illegitimate charges by contractor that were not part of the scope of contract d. Inefficient work that the Contractor did as determined by the City and/or inspector of record (e.g. not have the correct equipment for task, unqualified staff, not enough laborers, etc…). e. Extra equipment that was not being actively used in the project. f. Contractors attorney fees and litigation costs
g. Cost of material damaged by:
i. Act of God
ii. Act of a public enemy
iii. Fire
iv. Flood
v. Governor-declared state of emergency
vi. Landslide
vii. Earthquake
h. Cost of remedial work, as estimated by the City, will be deducted from any monies owed to the Contractor.

Termination of the Contract does not relieve the surety of its obligation for any just claims arising out of the work performed.

To the extent that City elects to take legal assignment of subcontracts and purchase orders, Contractor shall, as a condition of receiving the payments referred to in this section, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of Contractor, as City may require for the purpose of fully vesting in City the rights and benefits of Contractor under such subcontracts or purchase orders.

Item #7.2.

GC-31
Subcontracts or purchase orders entered into by Contractor shall contain provisions permitting assignment to City, as described above, and providing for termination pursuant to the terms of this Agreement. If City accepts such assignment, City shall reimburse or indemnify Contractor with respect to all costs arising under the subcontract or purchase order, except those which would not have been reimbursable as cost of the work if the contract had not been terminated. If City elects not to accept the assignment of any subcontract or purchase order which would have constituted a cost of the work had this Agreement not been terminated, Contractor shall terminate such subcontract or purchase order and City shall pay Contractor the costs necessarily incurred by the subcontractor to the date of such termination.

Contractor shall promptly deliver all as-built Drawings, O&M manuals and Manufacturers warranties for all equipment, materials and products incorporated in the work or paid for by the Owner as of the Date of Termination.

U. AIR POLLUTION
The Contractor shall comply with all federal, state, local, and Bay Area Air Quality Management District air pollution control laws and regulations applicable to the Contractor.

SECTION GC-8 PROSECUTION AND PROGRESS
A. GENERAL
The prosecution and progress of the work shall conform to the Technical Specifications and these General Conditions.

B. SUBLETTING AND ASSIGNMENT
The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the Engineer determines is necessary to assure the performance of the contract.

No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, who will be held responsible for their work that shall be subject to the provisions of the Contract and specifications. The Contractor shall Item #7.2.

GC-32
perform with his own organization, contract work amounting to not less than 30% of the original total contract price.

When a portion of the work that has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed immediately on the requisition of the City Engineer and shall not again be employed on the work.

No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of Owner, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract.

Written consent will be given only after the Owner has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

C. COMMENCEMENT OF WORK, PROGRESS, AND TIME FOR COMPLETION The Contractor shall begin work within ten (10) 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.

Hours of work - Overtime and holidays. The Contractor shall perform all work during the working hours of 7:00 a.m. to 5:00 p.m., Monday through Friday (unless otherwise noted on the drawings and specifications or required by the permits). If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the City Engineer. The request must be received at least two (2) working days in advance of any work. If Contractor requests overtime work in which the City will incurs costs, the City reserves the right to bill the Contractor at time and one half to cover the costs incurred.

D. WORKING DAYS
A working day is defined as stated in the Caltrans Standard Specifications.

E. TEMPORARY SUSPENSION OF WORK
The Engineer/Owner or his designee shall have the authority to suspend the Work wholly or in part, for such a period as the Engineer/Owner may deem necessary.

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 Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility owner. City shall arrange Item #7.2.

GC-33
the removal, relocation, or protection of existing 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 utility facilities, it shall be compensated as a negotiated change order approved by City and Contractor.

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 utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work.

Contractor shall 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 utility facilities not indicated in the Contract Documents with reasonable accuracy.

The right is reserved by the City and 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 his 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 the City of Calistoga. 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, engaging the services of a specialty utility locating service, and physically exposing by careful excavation and surveying the horizontal and vertical location of each utility. See GC-7(L).

I. COMPENSATION
Full compensation for conforming to the requirements of this section GC-8 shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefor, except that this provision does not constitute a waiver, alteration, or limitation of the applicability of Section 7102 of the Public Contracts Code.

SECTION GC-9 MEASUREMENT AND PAYMENT
A. GENERAL
Attention is directed to Section 9 of the Caltrans Standard Specifications that includes procedures for determination of payments, compensation for extra work by force account, partial payments, and final payments.

B. SCOPE OF PAYMENT
Item #7.2.

GC-34
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; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the City, and for all risks of every description connected with the prosecution of the work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the contract; and for completing the work according to the scope of work.

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.

No compensation will be made in any case for loss of anticipated profits. Contractor shall include with each estimate for payment forms of “Conditional Waiver and Waiver and Release Upon Progress Payment” as prescribed in Civil Code Section 8132 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 Owner makes payment to Contractor on an estimate for payment, Contractor shall obtain and submit to Owner “Unconditional Waiver and Release Upon Progress Payment” in the form prescribed in Civil Code Section 8134 from the same subcontractors, suppliers, equipment lessors and others. These forms are included at the end of the General Conditions Section, following subsection GC-13.

C. EXTRA AND FORCE ACCOUNT WORK
Extra work as herein before defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided, and as provided in Section GC-4 (F) of the General Conditions. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing or by force account as provided in Section 9-1.03 of the Standard Specifications.

D. STOP NOTICES
The City, by and through the City Engineer or other appropriate City 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 Section 3179 et seq. of the Civil Code and to provide for the cost of any litigation thereunder.

E. PROGRESS PAYMENTS
The City shall, once in each month, cause an estimate in writing to be made by the Engineer/Owner of the total amount of work done. The Contractor shall submit at least seven (7) days before the end of the month to the Engineer/Owner a list of materials on site but not used and suppliers’ invoices showing the Contractor’s actual net cost for the materials. The Item #7.2.

GC-35
Engineer/Owner at the Engineer/Owner’s sole discretion will approve items for which partial payment is to be made. The City shall retain 5% of such estimated value of the work done and 50% of the value of the materials that have been furnished and delivered and unused as part security for the fulfillment of the Contract by the Contractor, and shall monthly pay to the Contractor, while carrying on the work, the balance after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the Contract. (The remaining 50% of the unused materials value will be paid with the regular payment for the month in which the materials are actually used.) No such estimate or payment shall be required to be made when, in the judgment of the Engineer/Owner, the work is not proceeding in accordance with the provisions of the Contract, or when in his judgment the total value of the work done since the last estimate amounts to less than Three Hundred Dollars ($300.00).

No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials.

Additionally, in City’s sole discretion, if Contractor has failed to comply with either its progress schedule updates or as-built documents requirements, City may retain an additional 5% of any earned amounts until such requirements are satisfied.

F. FINALIZING PROGRESS PAYMENT
The Engineer/Owner 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 the City shall pay 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.

G. FINAL PAYMENT
The 5% retained by the 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 the 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 filed properly.

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 the City, and no payments shall be construed to be acceptance of any defective work or improper materials.

Payment by the City of the final 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 the City with a release of all claims against the City arising by virtue of the contract related to those amounts. In the event the Contractor has Item #7.2.

GC-36
any such claims, such claims in stated amounts may be specifically excluded by the Contractor from the release, in which case the payment by the City may be of only undisputed amounts.

H. GUARANTY AND BONDS
The Contractor shall submit a Warranty Bond in the amount of ten percent (10%) of the Construction Contract covering all materials and workmanship furnished and performed under these Contract Documents against defects for a period of one (1) year after the date of filing the Notice of Completion. The Contractor shall furnish such guarantee to the OWNER on the Warranty Bond form provided in the Bid Documents.

The guaranty shall be submitted to the OWNER prior to the date of filing of the Completion Notice.

The Contractor shall also compile and deliver specified warranties, bonds and specified service and maintenance contracts to the Owner.

A. Specified Warranties, Bonds and/or Service Contracts

1. Assemble warranties, bonds, and/or service and maintenance contracts executed by each of the respective manufacturers, suppliers and subcontractors. Submit two original signed copies.

2. Furnish a typed table of contents, in orderly sequence, with the following complete information for each item:
a. Product or assembly.
b. Firm, with name of principal, address and telephone number. c. Scope.
d. Date of beginning of warranty, bond or service and maintenance contract. e. Duration of warranty, bond or service and maintenance contract. f. Provide information for proper procedure to be followed in case of failure, and in instances which may affect the validity of warranty or bond. g. Name of responsible principle of CONTRACTOR, and address and telephone number.

3. Prepare and bind in a 3-ring binder of commercial quality, with durable and cleanable plastic covers.

4. Format:

Item #7.2.

GC-37
a. Size: 8-1/2" x 11"; punch sheets for standard 3-ring binder. Refer to warranty sample form above. Fold larger sheets to fit into binders. b. Cover: Identify binder with typed or printed title "WARRANTIES AND BONDS", title of Project and CONTRACTOR's name.

5. Timing of Submittals
a. For equipment or component parts of equipment put into service during construction, submit documents within 10 days after inspection and acceptance.

Otherwise make submittals when project is substantially completed. b. For items whose acceptance is delayed materially beyond Date of Substantial Completion, provide updated submittal within 10 days after acceptance, listing date of acceptance as start of warranty period.

I. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one year after final acceptance of the work performed under this contract, any structure furnished and/or installed or constructed, 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 the City, repair or 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 repairs or replacements to be made before the Contractor can be notified, the City may, at its option, make the necessary repairs or replacements or perform the necessary work and the Contractor shall pay to the City the actual cost of such repairs plus 25%. Notwithstanding the foregoing, with regard to equipment and goods manufactured by third parties, Contractor’s sole obligations with regard to defects shall be to extend to the City the benefits of any warranty Contractor has received from the manufacturer and to act on behalf of the City for purposes of processing any warranty claims against applicable manufacturers within a reasonable timeframe. Such obligation includes only administrative processing and not enforcement or litigation and Contractor shall not be liable for the failure of any third-party manufacturer warranties for any reason.

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. The City Treasurer will mail, by regular mail, warrants payable to the Contractor to the mailing address specified on the separate payment request certified and approved by the City.

K. CLAIMS PROCEDURES AND RESOLUTION OF DISPUTES
Item #7.2.

GC-38
The provisions of this Section GC-9(K) of the General Conditions constitute a non-judicial claim settlement procedure that, pursuant to Government Code Section 930.2, shall constitute a condition precedent to submission of a valid Government Code Claim under the Government Code. Contractor shall bear all costs incurred in the preparation, submission and administration of a claim. Any claims presented in accordance with the Government Code must affirmatively indicate Contractor’s prior compliance with the claims procedure herein of the claims asserted.

No suit or arbitration may be brought against the City arising out of or in connection with the Project unless and until Contractor presents to the City a statutory Government Code Claim, in accordance with Government Code Sections 910, et seq. Pursuant to Government Code Section 930.2, the one-year period in Government Code section 911.2 shall be reduced to 150 days from either accrual of the cause of action, substantial completion or termination of the contract, whichever occurs first; in all other respects, the Government Code shall apply unchanged.

Subject to the other provisions of this Section GC-9(K) of the General Conditions, attention is directed to sections 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.

Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on resolving contract claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision violates such statutes, the applicable statute controls.

Pursuant to California Public Contract Code Section 9204, and subject and in addition to the change order, claim and dispute resolution procedures and requirements provided in these Contract Documents, all Contractor, subcontractor and sub-subcontractor claims for (i) time extensions, (ii) payments for additional work, and (iii) payments for disputed amounts, are subject to the claims resolution process as summarized below:
• Contractor may submit claims that shall be supported by reasonable documentation. • City shall review Contractor’s claim and issue a written statement within 45 days identifying the disputed and undisputed claim amounts. The parties may mutually agree to extend the time for City’s written statement. City may have up to three days following its governing board’s publicly noticed meeting after the 45 day period or expiration of the extension to issue its written statement.
• City shall pay undisputed amounts within 60 days of the City’s written statement. • If Contractor disputes City’s written response or City fails to respond to Contractor’s claim, Contractor may demand in writing an informal meet and confer settlement conference, which the City shall schedule within 30 days.

Item #7.2.

GC-39
• City shall provide a written statement of remaining items in dispute within 10 business days of the meet and confer settlement conference and pay undisputed amounts within 60 days of issuing the written statement.
• The parties shall submit to nonbinding mediation the issues remaining in dispute as Contractor identifies in writing. The parties shall mutually agree to a mediator within 10 business days thereafter. Mediation may be waived with the consent of both parties.

Unless City and Contractor otherwise agree, this mediation excuses any obligation to mediate after litigation or binding arbitration has commenced under Public Contract Code Section 20104.4.
• City’s failure to respond to the Contractor’s claims within the required time periods or otherwise meet the time requirements provided herein shall result in the claim being deemed denied in its entirety.
• Subcontractors and sub-subcontractors may submit a claim, supported by reasonable documentation, to Contractor for submission to the City. Within 45 days of receiving the subcontractor’s written claim, Contractor shall notify the subcontractor in writing whether Contractor presented the claim to the City or if not presented, the reasons for not having done so.

Any legal action to be filed by the City and/or the Contractor in connection with the project or contract documents or the City’s response to any claims of the Contractor must be in the form of an arbitration proceeding pursuant to the Caltrans Standard Specifications.

Any legal action to be filed by the City and/or the Contractor in connection with the project or contract documents or the City’s response to any claims of the Contractor must be in the form of an arbitration proceeding pursuant to the Caltrans Standard Specifications.

SECTION GC-10 DUST CONTROL
The Contractor shall provide suitable means for dust control by applying either water or dust palliative for operations within the limits of the Work. Dust control work shall be performed in such a manner to prevent dust at all times, including during non-working hours. Full compensation for providing dust control shall be considered included in the prices paid for the various contract items of work, and no additional compensation shall be allowed therefor. If dust control is not performed in a manner satisfactory to the Engineer/Owner, then work shall either be suspended until such a time that the dust control measures are sufficient or dust control may be performed by the City, or its designee, and the 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
Item #7.2.

GC-40
The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, 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 this Contract, 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 this Contract.

The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it 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 the 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 cost of, or time required for, performance of 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. The Contractor shall retain any and all rights provided by this Contract that pertain to the resolution of disputes and protests.

SECTION GC-13 ARCHAEOLOGICAL EXAMINATION
If archaeological materials are uncovered during grading, trenching or other excavation, earthwork within 100 feet of these materials shall be stopped until a professional archaeologist who is certified by the Society of California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) engaged and paid for by the City has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed 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 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 the City for such archaeological examination and related work.

Item #7.2.

GC-41
SECTION GC-14 TEMPORARY FACILITIES AND CONTROLS
A. GENERAL
Contractor shall provide all temporary facilities and controls required for the performance of the work. Contractor shall provide supervision of the use of all temporary facilities and controls, enforce compliance with applicable standards and prevent abuse of services.

Temporary facilities and controls include, but are not limited to:

I. Temporary utilities:

1. Temporary electric power and lighting.

2. Temporary water.

3. Temporary heat and ventilation.

4. Temporary telephone, internet and facsimile machine service.

5. Temporary sanitary facilities.

6. Temporary first aid, fire protection and other temporary facilities in accordance with legal requirements.

7. Temporary Construction Aids
II. Temporary controls include, but are not limited to:

1. Fumes Control.

2. Noise Control.

3. Traffic regulations and control.

4. Field offices and storage sheds.

5. Construction fence.

6. Temporary project sign.

7. Temporary tree and shrub protection.

8. Protection of the Work.

9. Pollution Control.

10. Removal.

Unless otherwise noted elsewhere in the Contract Documents, all costs of installation, operation, maintenance and removal of all temporary facilities shall be borne by the Contractor. Should Owner occupy part of the Project during the construction period, utility costs will be shared proportionately at an agreed-upon unit cost.

B. MAINTENANCE
Contractor shall use all means necessary to maintain temporary facilities and controls in proper and safe condition throughout progress of the work. Contractor shall use all means necessary to control the execution of the work to the extent that damages and disturbances to people and property are nonexistent throughout the progress of the work. Unless otherwise noted Item #7.2.

GC-42
elsewhere in the Contract Documents, all costs of installation, operation, maintenance and removal of all temporary facilities shall be borne by the Contractor.

C. EXECUTION
a. Temporary Utilities

1. Temporary Electric Power, Lighting and Traffic Signal a. Furnish and install all necessary temporary wiring and, upon completion of Work, remove all such temporary facilities.
b. Furnish and install area distribution boxes so located that the individual trades may use 30m (100') maximum length extension cords to obtain adequate power and artificial lighting at all points where required for the work, for inspection and for safety.

2. Temporary Water
a. Furnish and install all necessary temporary water lines and water supply and, upon completion of the Work, remove all such temporary facilities. b. The Owner will make available at the corporation yard all water needed for construction, at no cost to the Contractor. The Contractor shall be responsible for all temporary transfer and storage facilities.

3. Temporary Heat and Ventilation
a. Provide weather-tight enclosures and temporary heat and ventilation required to maintain adequate environmental conditions to facilitate progress of the Work, to meet specified minimum environmental conditions for the installation of materials, to protect materials and finishes from damage due to environmental conditions and as necessary to ensure suitable working conditions for the construction operations of all trades.
b. Maintain building temperature and humidity as specified in various Sections of the Specifications, or when not specified, as recommended by the manufacturer(s) of the materials being installed.
c. Provide adequate forced ventilation of enclosed areas for curing of installed materials, to disperse humidity, and to prevent hazardous accumulations of dust, fumes, vapors or gases.
d. Temporary heaters shall be UL listed units of type(s) approved by governing authorities, in good working conditions and properly vented.

Item #7.2.

GC-43

4. Temporary Telephone, Internet and Facsimile Service
a. Provide all temporary telephone service for construction needs and pay all costs for installation and operation throughout the construction period. Provide one telephone in the Contractor's field office and one at the first aid station if located elsewhere than field office.
b. Provide a facsimile machine with a designated temporary line in the Contractor's field office.
c. Provide an internet connection in the Contractor’s field office for construction needs and pay all costs for installation and operation throughout the period.

5. Temporary Sanitary Facilities
a. Provide and maintain temporary portable toilets and other sanitary facilities for all workers on the Project as required by, and in accordance with, legal requirements. All portable toilets shall be equipped with a secondary containment tray.

6. Temporary First Aid, Fire Protection and Other Temporary Facilities a. At his expense, the Contractor shall provide first aid cabinets stocked with proper dressings, antiseptics and medical equipment near all points where men are at work and shall promptly furnish proper first aid to sick or injured persons on the premises.
b. The Contractor shall comply with the requirements and all fire prevention practices and measures as may be prescribed by the California Department of Forestry, the City of Calistoga, and/or Napa County.
c. The Contractor shall include a plan for fire prevention and protection during the construction period. The plan shall include provision for use of the local fire department, trained fire brigades and access to site. This plan should also cover the use of open flames and welding or cutting equipment. This fire prevention plan shall be submitted to the Engineer and the Owner prior to starting work. d. Emergency fire protection in the form of extinguishers, water pails and small hose streams should be provided.
e. Combustibles should be kept at a minimum, the construction site kept clean and orderly and Contractor's sheds should be kept outside confines of new construction.

Item #7.2.

GC-44
f. Equipment shall be fitted with spark arrestors.
g. Tarpaulins should be of flameproofed type.
h. Provide as required by, and in accordance with, legal requirements.

7. Temporary Constructions Aids
a. Provide and maintain all miscellaneous temporary construction aids required for proper execution of the work, such as ladders, ramps, railings, canopies, scaffolds and hoists, chutes, barricades, enclosures, platforms, swing staging and walks. b. Locate temporary construction aids in and about the Project as is practicable and where they will not interfere with the progress of the Work. Relocate when necessary during construction and remove promptly when no longer needed. b. Temporary Controls

1. Control of Fumes
a. The Contractor shall schedule painting and similar fume-producing operations and provide ventilation equipment as necessary to prevent any detrimental effects upon the Work and all persons.

2. Noise Control
a. Operations involving an excessive amount of noise shall be coordinated with the owner's representative before beginning such work.
b. All equipment shall be equipped with appropriate mufflers. c. Equipment shall not be left to idle at rest unattended. d. See Mitigation Measures.

3. Traffic Regulation and Control
a. The Contractor shall determine the routing of construction vehicles before starting work based on restrictions indicated on the Construction Drawings or as directed by the Engineer and the safeguards and procedures necessary to carry out the work.
b. The Owner will identify, at the time the construction begins, an entrance to the project site which is to be utilized by construction trades. Construction traffic and parking shall be confined to those areas specifically identified by the Owner for Item #7.2.

GC-45
their use. Roads shall be kept free of obstructions at all times, and the operations of the Owner and its personnel shall not be hindered in any manner. c. In addition, the Contractor shall:

I. Be responsible for controlling construction traffic within and adjacent to the site.

II. Provide all entrances, lifts and safeguards required or necessary to the progress of the Work, and effectively control such traffic to provide minimum hazard to the Work and all persons.

III. Route all construction equipment, trucks, and similar vehicles via existing public streets to and from the site as approved by the governing authorities.

IV. Prevent spillage when hauling on or adjacent to any of the roads on the Owner's property and/or public street or highway. In the event such spillage occurs, the Contractor shall remove all spillage and sweep, wash or otherwise clean such roads, streets or highways as required by the Owner or local, county or state authorities.

V. Obtain and pay for permits and inspections necessitated by the use of public streets, sidewalks, curbs and paving. Post guarantees and bonds that may be required, and repair and make good any damages thereto, acceptable to the authorities having jurisdiction.

VI. Construct and maintain temporary walks and bridges for pedestrians. Keep streets adjacent to the site open to vehicular and pedestrian traffic.

VII. Maintain constant access for police, fire and ambulance service.

VIII. Provide and maintain for proper control of traffic and safety of all concerned:
▪ All necessary barricades, suitable and sufficient lights, reflectors and danger signals.
▪ Warning and closure signs, directional and detour signs. ▪ Additional measures as necessary or required by local regulations.

IX. Indicate on a 24-hour basis all restricted and dangerous conditions existing on or adjacent to the site.
▪ Illuminate barricades, danger signals, warning signs and obstructions at night.

Item #7.2.

GC-46
▪ Keep warning lights burning from one hour before sunset until one hour after sunrise.

4. Storage Sheds
a. Furnish, install and maintain storage sheds needed for construction. b. Requirements of regulatory agencies:
i. Comply with requirements of regulatory agencies having jurisdiction. ii. Obtain and pay for permits required by governing authorities. c. Locate temporary structures to avoid interference with work in progress and relocate as required by job progress.

5. Temporary Construction Sign
a. No signs or advertising of any kind are allowed at the site except as specifically approved in advance by the Engineer and Owner.

6. Temporary Tree and Shrub Protection
a. The Contractor shall protect from damage all trees, shrubs and landscape work not to be removed. Trees that are to be removed will be as directed by the Engineer/Owner. Under no circumstances are additional trees to be removed without written permission from the Engineer/Owner. It shall be the responsibility of the Contractor to alert his workers, suppliers and all Subcontractors of the intent of these Specifications pertaining to the protection of vegetation. During the execution of his work, the Contractor shall use the same care and protection of all vegetation within his work area. b. In areas where trees or shrubs may be damaged by construction equipment, the Contractor shall identify a foliage and root protection zone by providing fencing, padding on tree trunks, tie back branches or take other necessary actions to prevent damage to the trees, shrubs, or other vegetation. Protection zones shall be inspected and approved prior to the commencement of construction activities.

All protection zone delineation shall be maintained during construction activities.

Any change or modification to these zones shall be reviewed prior to change.

Damage to trees and shrubs shall include, but will not be limited to:

1. Pruning not consistent with accepted industry standards

2. Bark damage to trees
Item #7.2.

GC-47

3. Breakage of branches on trees or shrubs

4. Cutting, breaking or tearing of roots

5. Spilling toxic materials near the root zones

6. Spraying toxic materials on foliage or weedy parts

7. Fire damage to foliage and branches

8. Compaction of root area or storage of materials over the root zone

9. Foot or vehicular damage on low shrubs and groundcover c. All damage shall be immediately reported to the Engineer/Owner. d. Tree and shrub protection shall be provided in accordance with the Calistoga Tree Ordinance #465.

8. Protection of the Work
a. Continuously maintain protection as necessary to protect the work as a whole and in part, and adjacent property and improvements from accidents, injuries or damage.
b. Properly protect the work as follows:

1. Provide lights, guardrails, temporary covers and barricades.

2. Enclose excavations with proper barricades.

3. Brace and secure all parts of the work against storm and accident.

4. Provide such additional forms of protection that may be necessary under existing circumstances.
c. Provide and maintain in good condition all protective measures as may be required to adequately protect the public from hazards resulting from the work and to exclude unauthorized persons from the work. When regulated by Building Code and other public authorities having jurisdiction, such legal requirements for protection shall be considered as minimum requirements; be responsible for the protection in excess of such requirements as required.

9. Pollution Control
a. Comply with all pollution and environmental control regulations in effect at site for all materials, equipment and work procedures used on the Project.

10. Removal
Item #7.2.

GC-48
a. Remove temporary facilities and controls upon completion of construction operations or when they are no longer needed, whichever occurs first. b. Remove temporary fencing (site and trees), sign, foundations, debris; grade to required elevations; clean area of debris and restore to original condition.

Section GC-15.

Limitation on Damages – Except as may be owed to a third party under a Party’s indemnification obligations, neither Party shall be liable one to the other whether under contract, statute, tort (including negligence) or otherwise, for any indirect, exemplary, unforeseeable, loss of profits, loss of use, punitive or consequential, incidental, or special damages, even if that Party is notified in advance of such possibility, regardless of the form of the claim or action.

Force Majeure - Notwithstanding any provision of this Agreement to the contrary, the CIty and Contractor each agree that the other party hereto shall not be liable for such party’s failure to perform its respective obligations under this Agreement if such failure is due to any fire, act of God, strike, civil disturbance, acts of public authorities, epidemics/pandemics or cause beyond such party’s reasonable control. Lack of funds shall not be deemed a cause beyond either party’s control.

Limitation on Liquidated Damages - Notwithstanding any other provision to the contrary, in no event shall Contractor be liable for liquidated damages in excess of an aggregate of 8% of the aggregate purchase price paid by the City hereunder. (Release Forms referenced in Section GC-9 begin on the following page) Item #7.2.

GC-49

THIS PAGE INTENTIONALLY BLANK
Item #7.2.

GC-50

EMERGENCY BACKUP GENERATORS

CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Through Date:

Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check:

Amount of Check: $
Check Payable to:

Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) The following progress payments for which the claimant has previously given a conditional waiver and release but has not received payment:

Date(s) of waiver and release: ________________________________________ Amount(s) of unpaid progress payment(s): $_____________________________ (4) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature
Claimant's Signature:

Claimant's Title:

Date of Signature:

Item #7.2.

GC-51

THIS PAGE INTENTIONALLY BLANK
Item #7.2.

GC-52

EMERGENCY BACKUP GENERATORS

CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE: THIS DOCUMENT WAIVES THE CLAIMANT'S LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS EFFECTIVE ON RECEIPT OF PAYMENT. A PERSON

SHOULD NOT RELY ON THIS DOCUMENT UNLESS SATISFIED THAT THE CLAIMANT HAS RECEIVED PAYMENT.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Conditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. This document is effective only on the claimant's receipt of payment from the financial institution on which the following check is drawn:

Maker of Check:

Amount of Check: $______________
Check Payable to:

Exceptions
This document does not affect any of the following:

Disputed claims for extras in the amount of: $
Signature
Claimant's Signature:

Claimant's Title:

Date of Signature:

Item #7.2.

GC-53

THIS PAGE INTENTIONALLY BLANK
Item #7.2.

GC-54

EMERGENCY BACKUP GENERATORS

UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT

NOTICE, AND PAYMENT BOND 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 WAIVER AND RELEASE FORM.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Through Date:

Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for labor and service provided, and equipment and material delivered, to the customer on this job through the Through Date of this document. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has received the following progress payment:
$___________________________________
Exceptions
This document does not affect any of the following:
(1) Retentions.
(2) Extras for which the claimant has not received payment. (3) Contract rights, including (A) a right based on rescission, abandonment, or breach of contract, and (B) the right to recover compensation for work not compensated by the payment.

Signature
Claimant's Signature:

Claimant's Title:

Date of Signature:

Item #7.2.

GC-55

THIS PAGE INTENTIONALLY BLANK
Item #7.2.

GC-56

EMERGENCY BACKUP GENERATORS

UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT

NOTICE, AND PAYMENT BOND 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 WAIVER AND RELEASE FORM.

Identifying Information
Name of Claimant:

Name of Customer:

Job Location:

Owner:

Unconditional Waiver and Release
This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job.

Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. The claimant has been paid in full.

Exceptions
This document does not affect any of the following:

Disputed claims for extras in the amount of: $
Signature
Claimant's Signature:

Claimant's Title:

Date of Signature:

Item #7.2.

SC - i

SUPPLEMENTAL CONDITIONS
Item #7.2.

SC - ii

SUPPLEMENTAL CONDITIONS

TABLE OF CONTENTS
Section Description Page
SC-1 Examination of Bidding Documents, Other Related Data, and Site .................................................................................................. SC-1 SC-2 Preliminary Matters .............................................................................. SC-1 SC-3 Reuse of Documents ............................................................................. SC-1 SC-4 Electronic Data ...................................................................................... SC-2 SC-5 Hazardous Environmental Conditions .................................................. SC-2 SC-6 Shoring, Bracing, Sloping Plans ............................................................. SC-3 SC-7 Substantial Completion ......................................................................... SC-3 SC-8 Final Inspection ..................................................................................... SC-4 SC-9 Clean Air Act Compliance ...................................................................... SC-4 SC-10 Project Signs (omitted) .......................................................................... SC-4 SC-11 Additional California Requirements ...................................................... SC-4 SC-12 Coordination with Caltrans Lincoln Avenue Bridge Project................... SC-4 Item #7.2.

SC - 1

SUPPLEMENTAL CONDITIONS

EMERGENCY BACKUP GENERATORS
The following Requirements will supplement the City of Calistoga General Conditions.

SC-1 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE Physical Conditions
A. In preparing Drawings and Specifications, the Engineer/Owner relied upon the following information:

1. Visual field inspection
SC-2 PRELIMINARY MATTERS
A. Preconstruction Conference
Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer/Owner, Agency, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the project schedules, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, certified payroll reporting, and maintaining required records.

SC-3 REUSE OF DOCUMENTS
A. Contractor and any Subcontractor or Supplier shall not:

1. Have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media editions; or

2. Reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer.

B. The prohibitions of this Paragraph SC-3 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.

Item #7.2.

SC - 2
SC-4 ELECTRONIC DATA
A. The data furnished by Owner or Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.

B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party.

C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator.

SC-5 HAZARDOUS ENVIRONMENTAL CONDITIONS
Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.

If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency) and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer/Owner concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any.

Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or Item #7.2.

SC - 3
both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in the General Conditions.

SC-6 SHORING, BRACING, SLOPING PLANS
For all excavations in excess of five (5) feet, the Contractor shall, pursuant to Labor Code Section 6705, submit in advance of any excavation hereunder a detained plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground. No such excavation shall be made until said detailed plan is submitted by Contractor.

SC-7 SUBSTANTIAL COMPLETION
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner/Engineer in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of Substantial Completion.

B Promptly after Contractor’s notification, Owner/Engineer and Contractor shall make an inspection of the Work to determine the status of completion. If Owner/Engineer does not consider the Work substantially complete, Owner/Engineer will notify Contractor in writing giving the reasons therefore.

C. If Owner/Engineer considers the Work substantially complete, Owner/Engineer will notify the contractor in writing of such and list outstanding items that still need to be corrected or completed before final payment. This written notice of substantial completion will fix this date.

D. Unless Owner/Engineer and Contractor agree otherwise in writing prior to Owner/Engineer’s issuing the definitive certificate of Substantial completion, Owner/Engineer’s aforesaid recommendation will be binding on Contractor until final payment.

E. Owner/Engineer shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to remove its property and complete or correct items on the tentative list.

SC-8 FINAL INSPECTION
A. Upon written notice from Contractor that the entire Work is complete, Owner/Engineer will promptly make a final inspection with Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective.

Item #7.2.

SC - 4
Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

SC-9 CLEAN AIR ACT COMPLIANCE
If this Contract exceeds $100,000, the Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC §1857(h)), Section 508 of the Clean Water Act (33 USC §1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).

SC-10 PROJECT SIGNS
Owner will provide the contractor with two temporary “YOUR MEASURE “T” TAX DOLLARS AT WORK” signs. Contractor shall install the signs at locations determined by the Engineer. The Contractor shall remove the signs after Substantial Completion of the Work and deliver them to the city’s corporation yard. Full compensation for installing Measure T signs shall be considered as included in the prices paid for the various contract items of work, and no separate payment will be made therefor.

SC-11 ADDITIONAL CALIFORNIA REQUIREMENTS
SC 11.1 Rights Under the Clayton or Cartwright Acts
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. Section 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 acknowledgment by the parties.

SC 11.2 Existing Utilities
Unless otherwise indicated in the Contract Documents, all utility lines, conduits, wires, or structures shall be maintained by the Contractor and shall not be disturbed, disconnected, or damaged by him during the progress of the Work, provided, that should the Contractor in the performance of the Work disturb, disconnect, or damage any of the above, all expenses arising from such disturbance or in the replacement or repair thereof shall be borne by the Contractor.

However, in accordance with Section 4215 of the California Government Code, the Contractor shall be compensated for all costs of locating and repairing damage to main or trunkline utility facilities located on the Work site and for costs of operating equipment on the Work site necessarily idled during such Work where the Contractor has exercised reasonable care in Item #7.2.

SC - 5
removing or relocating utility facilities which are inaccurately indicated in the Contract Documents.

SC 11.3 Claim Resolution Process

1. Claim Submission and Initial Review
a. A claim for (a) a time extension, (b) payment by a public entity of money or damages arising from work done by or on behalf of the contract which is not otherwise expressly provided for or entitled to, or (c) payment amount disputed by the public entity, shall be submitted by registered mail or certified mail with return receipt requested. The claimant shall furnish reasonable documentation to support the claim.
b. Upon receipt of a Claim the Owner shall conduct a reasonable review of the Claim and within 45 days, or if Owner’s governing body must approve Owner’s response to the Claim and the governing body has not met within the 45 days then within three (3) days of the governing body’s meeting, shall provide Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any failure by Owner to response within the time frames of this section shall result in the claim being deemed rejected in its entirety.
c. City shall pay any an undisputed portion of the claim within 60 days after it issues its written statement.

2. Meet and Confer
a. If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Such writing shall be sent by registered mail or certified mail, return receipt requested. Upon receipt of a properly submitted demand the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. b. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally.
c. City shall pay any undisputed portion of the claim within 60 days after it issues its written statement.

Item #7.2.

SC - 6

3. Mediation
a. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. b. Mediation shall be confidential, non-binding, and pursuant to the construction mediation procedures of JAMS in San Francisco, California. c. For claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to this subsection shall excuse the mediation obligation under Public Contracting Code section 20104.4(a).
d. City shall pay any undisputed portion of the claim within 60 days after the conclusion of mediation.

4. Additional Procedures
a. The provisions of this article constitute a non-judicial claim settlement procedure that, pursuant to Government Code Section 930.2, shall constitute a condition precedent to submission of a valid Government Code Claim under the Government Code. Contractor shall bear all costs incurred in the preparation, submission and administration of a claim. Any claims presented in accordance with the Government Code must affirmatively indicate Contractor’s prior compliance with the claims procedure herein and the previous dispositions under the provisions above of the claims asserted. No suit may be brought against Owner arising out of or in connection with the Project unless and until Contractor presents to Owner a statutory Government Code Claim, in accordance with Government Code Sections 910, et seq. Pursuant to Government Code Section 930.2, the one-year period in Government Code section 911.2 shall be reduced to 150 days from either accrual of the cause of action, substantial completion or termination of the contract, whichever occurs first; in all other respects, the Government Code shall apply unchanged.
b. Failure to submit and administer claims as required in this article shall waive Contractor’s right to claim on any specific issues not included in a timely submitted claim. Claim(s) or issue(s) not raised in a timely protest and timely claim submitted under this section may not be asserted in any subsequent litigation, Government Code Claim, or legal action. c. This article does not preclude a City from requiring arbitration of disputes under Item #7.2.

SC - 7
private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. Following non-binding mediation as provided herein, or if the parties mutually agree to waive such mediation, the parties shall submit any disputed portion of the claim to non-binding arbitration. d. Amounts not paid in a timely manner as required by this article shall bear interest at 7 percent per annum.
e. Waivers or modifications of this article may only be made a writing signed by both parties approved as to form by legal counsel for both Owner and Contractor; oral or implied modifications shall be ineffective. Any failure by Owner to response within the time frames of this Article shall result in the claim being deemed rejected in its entirety, but such failure to meet the time requirements shall not constitute an adverse finding with regards to the merits of the Claim or the responsibility or qualifications of the Contractor. f. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation’s conclusion. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, nonprivileged project documents in compliance with Code of Civil Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.

SC-12 Site Specific Conditions
SC-12.1 Traffic Control
Contractor shall prepare a traffic control and detour plan for review and approval by the City.

Traffic control and detour plan shall follow the general conditions as follows:
• At least one lane on Berry Street will be open at all times for emergency vehicles and local traffic.
• Contractor shall provide at least 72 hours’ notice to affected property owners prior to demolition of access driveways or utility disruption.

SC-12.2 Staging of Equipment and Materials
Contractor may stage equipment and materials at the Public Works lower corporation yard. Any use of City facilities for staging or storage shall be at Contractor’s own risk and the City shall have no responsibility for lost, stolen or damaged equipment or materials.

Item #7.2.

SC - 8
Storing and stockpiling of material within public right of way will not be permitted.

SC-13 Definitions
The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City, and that discretion will be exercised in the manner deemed by the City to best protect the public interest in the prompt and economical completion of the work. The decision of the City respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final.

Item #7.2.

F-1
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
SPECIAL PROVISIONS – FEMA FEDERAL PROVISIONS
I. DEFINITIONS
A. Government means the United States of America and any executive department or agency thereof.

B. FEMA means the Federal Emergency Management Agency.

C. Third Party Subcontract means a subcontract at any tier entered into by Contractor or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.

II. FEDERAL CHANGES
A. Contractor shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200—Contract Provisions for non–Federal Entity Contracts Under Federal Awards, which is included herein by reference. Contractor's failure to so comply shall constitute a material breach of this contract.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

III. ACCESS TO RECORDS
A. The Contractor agrees to provide the County, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date County makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Contractor agrees to maintain same until the County, FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto.

D. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in Section 36 of the Special Provisions.

IV. DEBARMENT AND SUSPENSION
A. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

Item #7.2.

F-2
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
B. Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEPA's List of Violating Facilities. Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any of the work under this Agreement with a third party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEPA's List of Violating Facilities.

Gov. Code § 4477.

C. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Contractor agrees to the provisions of Attachment D1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Attachment D1, Contractor is the “prospective lower tier participant.” D. The Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.

E. This certification is a material representation of fact relied upon by County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the County, and the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.” V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR
A. The County and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the County, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

VI. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of “federally assisted construction contract” under 41 CFR 61-1.3) Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference.

Item #7.2.

F-3
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
A. Contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.

B. Contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; Appendix II to Part 200--Contract Provisions for non-Federal Entity Contracts Under Federal Awards.). Contractor agrees to comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

VIII. DAVIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;) To the extent required by any Federal grant programs applicable to expected funding or reimbursement of County’s expenses incurred in connection with the services provided under this Agreement, Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a–7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to the requirements set forth in Section 19(b) of the Agreement.

A. The Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp.

B. The general prevailing wage rates may be accessed at the Department of Labor Home Page at www.wdol.gov. Under the Davis Bacon heading, click on “Selecting DBA WDs.” In the drop down menu for State, select, “California.” In the drop down menu for County, select “Napa.” In the drop down menu for Construction Type, make the appropriate selection. Then, click Search.

IX. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to purchases of supplies or Item #7.2.

F-4
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence)
A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.

B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or permitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.

D. Withholding for unpaid wages and liquidated damages: The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set for in paragraph C of this section.

E. Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs A through D of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs A through D of this section.

X. NOTICE OF REPORTING REQUIREMENTS
A. Contractor acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice’s Office of Justice Programs Financial Guide, and agrees to comply with any such applicable requirements.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Item #7.2.

F-5
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
XI. NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS
A. Contractor agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
1) The copyright in any work developed with the assistance of funds provided under this Agreement;
2) Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.

B. The Contractor agrees to include paragraph An above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XII. PATENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; Appendix II to Part 200--Contract Provisions for non-Federal Entity Contracts Under Federal Awards.)
A. General. If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the County and Contractor agree to take actions necessary to provide immediate notice and a detailed report to FEMA.

B. Unless the Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the County and Contractor agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” 37 CFR, Part 401.

C. The Contractor agrees to include paragraphs A and B above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA.

XIII. ENERGY CONSERVATION REQUIREMENTS
A. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201).

B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year) A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as Item #7.2.

F-6
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

B. Contractor agrees to report each violation of these requirements to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.

C. The Contractor agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

XV. TERMINATION FOR CONVENIENCE OF COUNTY (applicable to all contracts in excess of $10,000)
See Section 27 of the Special Provisions.

XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of $10,000) Contractor’s failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Section 26 of the Special Provisions.

XVII. CHANGES.

See Section 23 of the Special Provisions.

XVIII. LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).) A. Contractor shall not use or pay any funds received under this Agreement to influence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. Contractor agrees to the provisions of Attachment D2, Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).

C. Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XIX. MBE / WBE REQUIREMENTS
The County intends to seek reimbursement of its costs incurred in connection with this project from FEMA. Accordingly, the CONTRACTOR shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321.

Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid shall be cause for a bid to be rejected as non-responsive and/or be considered as a material breach of the contract.

Item #7.2.

F-7
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT

PRIME CONTRACTOR RESPONSIBILITIES
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible, make every effort to solicit bids from eligible DBEs. This information must be documented and reported.
"GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort. This effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services.

If a CONTRACTOR fails to take the steps outlined below shall cause the bid to be rejected as nonresponsive and/or be deemed a material breach of the contract.

A. Place qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

F. If subcontracts are to be let, Contractor shall take the affirmative steps listed in 2 CFR 200.321.

XX. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322)
Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

XXI. INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS The preceding provisions include, in part, certain standard terms and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any County requests that would cause County to be in violation of the FEMA terms and conditions.

Item #7.2.

F-8
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
XXII. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.

The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.

XXIII. DHS SEAL, LOGO, AND FLAGS.

The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval.

Item #7.2.

F-9
PL No. 73746 FEMA PROVISIONS FOR CONSTRUCTION CONTRACT
ATTACHMENT D1

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, County may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart

9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

Item #7.2.

Item #7.2.

Item #7.2.

MBE/WBE/SBE FORMS
PL No. 73747 B-1
EXHIBIT B, DBE Subcontractor Utilization Form
This form is intended to capture the prime contractor’s actual and/or anticipated use of identified certified DBE1
subcontractors2 and the estimated dollar amount of each subcontract.

Prime Contractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No. ( If
known)
Point of Contact
Address
Telephone No. Email Address
Issuing/Funding Entity:

I have identified potential
DBE certified subcontractors  YES  NO
Subcontractor
Name/ Company
Name
Company
Address/Phone/Email
Est. Dollar Amt Currently
DBE
Certified?
1 A DBE is a Disadvantaged, Minority, Small or Woman Business Enterprise that has been certified as described in 40 CFR 33.204-33.205.
2 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide services.

Item #7.2.

MBE/WBE/SBE FORMS
PL No. 73747 B-2
DBE Subcontractor Performance
I certify under penalty of perjury that the foregoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. In the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CRF Part 33 Section 33.302(c).

Prime Contractor
Signature
Print
Name
Title Date
Item #7.2.

MBE/WBE/SBE FORMS
PL No. 73747 B-3
DBE Subcontractor Performance
This form is intended to capture the DBE3 subcontractors’4 description of work to be performed and the price of the work submitted to the prime contractor. Prime contractor is required to have its DBE subcontractors complete this form and include all completed forms in the prime contractors bid or proposal package unless subcontractors will not be used.

Subcontractor Name Project Name
Bid/Proposal No. Assistance Agreement ID No. ( If
known)
Point of Contact
Address
Telephone No. Email Address
Prime Contractor Name Issuing/Funding Entity:

Contract Item
Number
Description of Work Submitted to the Prime
Contractor Involving construction, Services,
Equipment or Supplies
Price of Work
Submitted to
the Prime
Contractor
BDE Certified by ___ DOT ___ SBA
 Other:

Meets/ exceeds FEMA certification standards:
___ YES ___ NO ___ Unknown
3 A DBE is a Disadvantaged, Minority, Small or Woman Business Enterprise that has been certified as described in 40 CFR 33.204-33.205
4 Subcontractor is defined as a company, firm, joint venture or individual who enters into an agreement with a contractor to provide services pursuant to an award of financial assistance.

Item #7.2.

MBE/WBE/SBE FORMS
PL No. 73747 B-4
DBE Subcontractor Performance
I certify under penalty of perjury that the foregoing statements are true and correct. Signing this form does not signify a commitment to utilize the subcontractors above. I am aware of that in the event of a replacement of a subcontractor, I will adhere to the replacement requirements set forth in 40 CRF Part 33 Section 33.302(c).

Prime Contractor
Signature
Print
Name
Title Date
Subcontractor
Signature
Print
Name
Title Date
Item #7.2.

Work Order Signature Document
EZIQC Contract No.: CA-R4-HVAC01-123021-ABM
City of Calistoga Emergency Backup Generators: Multiple Sites New Work Order
108109.00
Modify an Existing Work Order
Work Order Title:

Work Order Number.: Work Order Date:

X
01/19/2023
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Alfred Garcia
(949) 330-3052
Owner Name: City of Calistoga
Derek Rayner
7079422828
ABM Electrical & Lighting Solutions Inc.

Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R4-HVAC01-123021-ABM.

Brief Work Order Description:

Emergency Backup Generators: Multiple Sites
Liquidated Damages Will apply: Will not apply:

Estimated Completion Date:

Time of Performance Estimated Start Date:

X
Work Order Firm Fixed Price: $2,132,578.22
Owner Purchase Order Number:

Approvals
City of Calistoga Date Contractor Date

2.00

1/19/2023
Work Order Signature Document
Item #7.2.

3.00 Detailed Scope of Work
To: Alfred Garcia From: Derek Rayner
ABM Electrical & Lighting Solutions Inc. City of Calistoga 14201 Franklin Avenue 1232 Washington Street
Tustin, CA 92780 Calistoga, CA 64515
(949) 330-3052 7079422828
Work Order Number:

Date Printed: January 19, 2023
108109.00
Work Order Title: City of Calistoga Emergency Backup Generators: Multiple Sites Brief Scope: Emergency Backup Generators: Multiple Sites Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work.

See attached
Subject to the terms and conditions of EZIQC Contract CA-R4-HVAC01-123021-ABM.

Contractor Date
City of Calistoga Date

1/19/2023
Scope of Work
Item #7.2.

4.00 Contractor's Price Proposal - Summary
Owner PO #:

City of Calistoga Emergency Backup Generators: Multiple Sites 108109.00
IQC Master Contract #: CA-R4-HVAC01-123021-ABM
Work Order #:

Title:

Re:

Date: January 19, 2023
Proposal Value:

Contractor: ABM Electrical & Lighting Solutions Inc.
$2,132,578.22
Section - 01 $728,767.70
Section - 02 $823.02
Section - 03 $12,115.20
Section - 16 $526,546.80
Section - 23 $36,040.75
Section - 26 $820,966.45
Section - 31 $7,318.31
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$2,132,578.22
The Percentage of NPP on this Proposal: 24.69%

1/19/2023
Contractor's Price Proposal - Summary
Item #7.2.

5.00 Contractor's Price Proposal - Detail
City of Calistoga Emergency Backup Generators: Multiple Sites 108109.00
IQC Master Contract #: CA-R4-HVAC01-123021-ABM
Work Order #:

Owner PO #:

Title:

Re:

Date: January 19, 2023
Proposal Value:

Contractor: ABM Electrical & Lighting Solutions Inc.
$2,132,578.22
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 EA $45,906.77
Installation x x = 45,906.77
Quantity Unit Price Factor Total
41,733.43 1.00 1.1000
Bonding
01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
2 HR $6,394.28
Installation x x = 6,394.28
Quantity Unit Price Factor Total

48.00 112.97 1.1792
Coordinate cutover of control panels with Customer and Plant Manager. Logistics development temporary usage, etc. 8hr.x2 men =16, crossover temporary 8hr.x2men=16, final crossover 8hr.x2=16 Kimball 3 01 22 20 00 0010 0001 MOD For Foreman, Add $159.90
Installation x x = 159.90
Quantity Unit Price Factor Total

24.00 5.65 1.1792
Foreman 1/2 time
01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
4 HR $6,394.28
Installation x x = 6,394.28
Quantity Unit Price Factor Total

48.00 112.97 1.1792
Coordinate cutover of control panels with Customer and Plant Manager. Logistics development temporary usage, etc. 8hr.x2 men =16, crossover temporary 8hr.x2men=16, final crossover 8hr.x2=16 Pope 5 01 22 20 00 0010 0001 MOD For Foreman, Add $159.90
Installation x x = 159.90
Quantity Unit Price Factor Total

24.00 5.65 1.1792
Foreman 1/2 time
01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
6 HR $10,657.14
Installation x x = 10,657.14
Quantity Unit Price Factor Total

80.00 112.97 1.1792
Startup and Testing of Control Panels. Start up/ Point set 40hr/week and testing 40hr/week -2 week at Pope 7 01 22 20 00 0010 0001 MOD For Foreman, Add $533.00
Installation x x = 533.00
Quantity Unit Price Factor Total

80.00 5.65 1.1792
01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
8 HR $6,394.28
Installation x x = 6,394.28
Quantity Unit Price Factor Total

48.00 112.97 1.1792
Coordinate cutover of control panels with Customer and Plant Manager. Logistics development temporary usage, etc. 8hr.x2 men =16, crossover temporary 8hr.x2men=16, final crossover 8hr.x2=16 Dunaweal

1/19/2023
Contractor's Price Proposal - Detail
Item #7.2.

Contractor's Price Proposal - Detail Continues..

Work Order Title:

Work Order Number: 108109.00
City of Calistoga Emergency Backup Generators: Multiple Sites Section - 01
9 01 22 20 00 0010 0001 MOD For Foreman, Add $159.90
Installation x x = 159.90
Quantity Unit Price Factor Total

24.00 5.65 1.1792
Foreman 1/2 time
01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
10 HR $10,657.14
Installation x x = 10,657.14
Quantity Unit Price Factor Total

80.00 112.97 1.1792
Startup and Testing of Control Panels. Start up/ Point set 40hr/week and testing 40hr/week -2 week at Dunaweal
11 01 22 20 00 0010 0001 MOD For Foreman, Add $533.00
Installation x x = 533.00
Quantity Unit Price Factor Total

80.00 5.65 1.1792
01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
12 HR $10,657.14
Installation x x = 10,657.14
Quantity Unit Price Factor Total

80.00 112.97 1.1792
Startup and Testing of Control Panels. Start up/ Point set 40hr/week and testing 40hr/week -2 week at at Kimball
13 01 22 20 00 0010 0001 MOD For Foreman, Add $533.00
Installation x x = 533.00
Quantity Unit Price Factor Total

80.00 5.65 1.1792
14 01 22 20 00 0062 HR Underground Utility Surveyor $6,086.09 Installation x x = 6,086.09
Quantity Unit Price Factor Total

40.00 129.03 1.1792
Dunaweal - Earthwork Underground mapping for excavation , 1 man 5 days ( 5 site visits) 15 01 22 20 00 0062 HR Underground Utility Surveyor $6,086.09 Installation x x = 6,086.09
Quantity Unit Price Factor Total

40.00 129.03 1.1792
Kimball - Earthwork Underground mapping for excavation , 1 man 5 days ( 5 site visits) 16 01 22 20 00 0072 HR Principal Engineer $25,060.36
Installation x x = 25,060.36
Quantity Unit Price Factor Total
100.00 212.52 1.1792
PLC Programming/Configuration for New Control Panels. Assign tasks to physical resources for data exchange, resources, and functions. Pope
17 01 22 20 00 0072 HR Principal Engineer $10,024.14
Installation x x = 10,024.14
Quantity Unit Price Factor Total

40.00 212.52 1.1792
Provide PLC Submittals (PLC Code, notations and descriptions) Review, manage, logging, approvals Kimball 18 01 22 20 00 0072 HR Principal Engineer $10,024.14
Installation x x = 10,024.14
Quantity Unit Price Factor Total

40.00 212.52 1.1792
Provide PLC Submittals (PLC Code, notations and descriptions) Review, manage, logging, approvals Dunaweal
19 01 22 20 00 0072 HR Principal Engineer $10,024.14
Installation x x = 10,024.14
Quantity Unit Price Factor Total

40.00 212.52 1.1792
Provide SCADA Submittals. Review, manage, logging, approvals Kimball