Calistoga City Council
June 6, 2023

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
1307 Washington Street
Tuesday, June 6, 2023 - 6:00 PM
Hybrid

Amended on
6/1/23

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.

Please participate in the meeting by observing or listening to the meeting in one of the following ways:

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 - Calistoga Community Center
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. To comment during a virtual meeting (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. Comments received by 2:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 2:00 p.m. will be made part of the written record but will not be read verbally at the meeting. 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.

1. CALL TO ORDER – ROLL CALL - PLEDGE OF ALLEGIANCE AND

OPTIONAL PATRIOTIC ACTIVITY

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.

3.1. Public Comment 6.6.23 1 6

3.2. Public Comment 6.6.23 2 7

3.3. Public Comment 6.6.23 3 8

3.4. Public Comment 6.6.23 4 9

3.5. Public Comment 6.6.23 5 10

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 - Capital Improvement Program (CIP) Schedule Update - Pdf
11 - 20

7. CONSENT CALENDAR

7.1. Consideration of a Resolution declaring certain property surplus and authorizing the disposal of said property.

Recommended Action: Consider adopting resolution.

Staff Report - Consideration of a Resolution Declaring Certain Property Surplus and Authorizing Disposal of Said Property - Pdf 21 - 23

7.2. Consideration of a Resolution that:

1. Conditionally awards a construction contract to Eakle Construction & Trucking for the Emergency Flow Equalization Basin Liner Repair Project (Project) in the amount of $392,428, subject to Eakle Construction & Trucking providing all documents in satisfaction of the award requirements.

2. Consents to forego the competitive bidding process as permitted by the Public Contract Code Section 22050 to enter emergency public works contracts in case of an emergency and following a four-fifths vote of the agency’s governing body to repair or replace a public facility.

3. Approves the Project construction budget in the amount of $475,000 which includes the base proposal and a contingency of 20% for construction and special inspections and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount.

4. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga.

5. Directs staff to issue a notice of award to Eakle Construction & Trucking. and otherwise administer the Project.

Recommended Action:
24 - 130

Consider adopting resolution.

Staff Report - Emergency Award to Replace Equalization Basin Pond Liner - Pdf

7.3. Consideration of a Resolution accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

Recommended Action:

Consider adopting resolution.

Staff Report - Consideration of a Resolution Accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District - Pdf
131 - 149

7.4. Consideration of a Resolution accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

Recommended Action:

Consider adopting resolution.

Staff Report - Consideration of a Resolution Accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment Dist - Pdf
150 - 163

7.5. Consideration of a Resolution that:

1. Conditionally awards a construction contract to Kerex Engineering, Inc. for the Cedar Street Utility Replacement and Pavement Rehabilitation Project (Spring Street to Lincoln Avenue) (Project) in the amount of $1,797,442, subject to Kerex Engineering, Inc. providing all documents in satisfaction of the bid award requirements.

2. Consents to relieve Argonaut Constructors of its bid because of an arithmetic mistake made in the bid.

3. Approves the Project construction budget in the amount of $2,156,930 which includes the base bid and a contingency of 20% for construction and special inspections and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount.

4. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga.

5. Directs staff to issue a notice of award to Kerex Engineering, Inc. and otherwise administer the Project.

6. In the event Kerex Engineering, Inc. is unable to meet the conditions of award, awards the construction contract to Granite 164 - 204

Construction Company conditioned upon Granite Construction Company providing all documents in satisfaction of the bid award requirements.

Recommended Action:

Consider adopting resolution.

Staff Report - Award the Cedar Street Paving and Utility Replacement Project to Kerex Engineering, Inc. - Pdf

7.6. Consider adopting a proclamation including display of the Rainbow Flag for LGBTQ+ Pride Month.

Recommended Action: Consider a proclamation including display of the Rainbow Flag for LGBTQ+ Pride Month.

Staff Report - Consider a proclamation and displaying the Rainbow Flag for LGBTQ+ Pride Month. - Pdf
205 - 207

8. PUBLIC HEARING

8.1. Public hearing to consider adoption of resolution amending the book of fees for various regulatory activities, products, and services.

Recommended Action: The City Council:

1.Conduct a public hearing; and

2.Consider adoption of a resolution amending the Book of Fees for various regulatory activities, products, and services, including updated security alarm fees.

Staff Report - Book of Fee Update - Pdf
208 - 229

9. GENERAL GOVERNMENT

9.1. Requests for Housing Loan and Interest Payments Forgiveness Recommended Action: Provide direction to staff regarding waiving interest and/or loans for various housing programs.

Staff Report - Requests for Housing Loan and Interest Payments Forgiveness - Pdf
ATTCH 1-3 - CDBG Loan Schedules
ATTCH 4 - Green Loan
ATTCH 5 - Gangbin Loan
230 - 248

10. COUNCIL REPORTS

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 June 1, 2023, by 4:30 p.m.

Yudiana Galvan, Interim City Clerk

Marni Rittburg
From:

Sent:

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Subject:

Peter Kay
Tuesday, May 16, 2023 4:57 PM
Public Comment
Fwd: Food Trucks? Loncheras?
Add.itional Writings "'-
Meeting of L, ~ tJ ';;:;;
Dislri~~~:i~ DaipA
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Calistoga City Counsel,
I am writing in support of allowing food trucks to operate inside Calistoga. While I am sure the local restaurants and resorts will oppose this action, please consider the following:
• Food trucks operate in other towns in Napa Valley. If Napa, Yountville and St. Helena can figure out a way to make it work, Calistoga should be able to as well. • Food trucks generally offer better value than sit-down restaurants. Our town has a large portion of the populations who are live on a low and/or fixed income. Allowing food trucks would increase the dining options available to these people. • Food trucks would add some more life to our town, creating interest and action.

Thank you for your time and attention.

Kindest regards,
PK
Peter Kay
Dear Calistogan, (espanol abajo)
1 Item #3.1.

Marni Rittburg
From:

Sent:

To:

Subject:

Adela Jane Freeman
Wednesday, May 17, 2023 4:49 PM
Public Comment
Food trucks
~dditio11al WptiOB / ~ ~ Meetmg of~lJr:...1_'-=ll"'--'-L.::;,_V~_.., ltemNo. rL K Distributed on Dai~f Af lu;
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Don,
I think it would be an idea worth trying. Food trucks are cheaper than the restaurants in town and often times, better. The dining places in town need some healthy competition. Most restaurants in town are mediocre and expensive. Might prompt them to have better quality at reasonable prices.

Two other points:
-try to place them as not to cause traffic congestion . Foot traffic areas would be good. -times to be there could be regulated.

In short, healthy completion is good. People are just trying to make a living and they work hard to make ends meet.

Thanks.

Jane Freeman
Sent from my i Phone
1 Item #3.2.

Meeting Addilio of E?k!;
Marni Rittburg
Item No.

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From:

Sent:

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Subject:

Ron Goldin
Monday, May 29, 2023 12:25 PM
Scott Cooper; Kevin Eisenberg; Donald Williams; Lisa Gift; Jrais Lopez-Ortega; Public Comment; Eric Reichert
Parklets
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Mayor Williams and Council Members:

I am writing to express my strong support for the continued existence of parklets on Lincoln Avenue. As a business owner who recognizes the significant benefits they bring, I believe that restaurant parklets play a crucial role in fostering a vibrant and prosperous city. I believe that it is essential to preserve them, and here's why:

1. Economic Boost: Restaurant parklets contribute to the economic growth and vitality of our city. By expanding outdoor dining options, parklets attract more visitors to local eateries, increasing foot traffic and generating additional revenue for the restaurant industry. This foot traffic works to support small businesses and helps in keeping our local economy strong.

2. Vibrant Public Spaces: Restaurant parklets enliven our streets, creating vibrant public spaces that enhance the overall ambiance of the city. These welcoming outdoor dining areas not only provide a unique and enjoyable experience for residents and visitors but also contribute to the creation of a lively and inclusive atmosphere. By activating the sidewalks and adding to the city's vibrancy, parklets make our city spaces more appealing and inviting.

3. Social Interaction and Community Cohesion: Parklets foster social interaction and community cohesion. They serve as gathering places where people can come together to enjoy meals, connect with friends and neighbors, and build a sense of belonging. By creating spaces that encourage social engagement, parklets contribute to the overall well-being and social fabric of our city.

4. Enhanced Streetscape and Aesthetics: Parklets add character and charm to our streets, making them more enjoyable for pedestrians and enhancing the overall visual appeal of our cityscape.

I urge you to recognize the value of the existing parklets and support their retention in Calistoga while we work together to find a permanent solution. By doing so, we can create a thriving and welcoming environment that supports local businesses, fosters community engagement, and enhances the overall quality of life for residents and visitors.

Sincerely,
Ron Goldin
Palisades Eatery
1 Item #3.3.

Marni Rittburg
From:

Sent:

To:

Subject:

Donna Higgins
Thursday, June 1, 2023 11 :43 AM
Public Comment
Parklets
Add.itiot W · · Meeting of J) / r::,s 1,?
Item No. • (...,I . Distributed on Dais 1i}tiLLUt'
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CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council Members and City Staff,
I would like to see all the parklets located along Lincoln Avenue that were sanctioned during the Covid pandemic removed.

Sincerely,
Donna Higgins
1 Item #3.4.

Marni Rittburg
From:

Sent:

To:

Subject:

Donna Higgins
Thursday, June 1, 2023 11 :43 AM
Public Comment
Food Trucks
':'dditiona!1 ~~ jn3/ L --7
Meeting of llV. lji _?
Item No, >
Distributed on Dais \4c£,IU-r'
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear City Council Members and City Staff,
I am writing in support of establishing a city ordinance to allow Food Trucks to conduct business within the Calistoga City limits.

Sincerely,
Donna Higgins
1 Item #3.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 06 2023
Subject: Capital Improvement Program (CIP) Schedule 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 projects 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):

Yudiana Galvan, Interim City Clerk Approved - May 30 2023 Item #6.1.

1 FY22/23 Capital Improvement
Program Quarterly Update
City Council Meeting
Tuesday, June 6, 2023
ATTACHMENT 1
Item #6.1.

2 FY21/22
AT&T Pathway Construction
Petrified Forest Traffic Signal
Pioneer Park Ped Bridge
Hawk Bike & Pedestrian Signal
Pavement Condition Index Study
Pool Deck Resurfacing
Tesla Battery Power Project (WWTP)
Recycle Water Main Extension
Disadvantage Salary Survey
Kimball Vegetation Management
Painted WWTP main building
Installed 12” sewer main N Oak
Liner Patching
Implemented Stage II Conservation
Water Agreement with Napa
FY22/23
Paved Berry Street
Fence Lower Washington
Rancho De Mobile Home Park Generators
Rancho De MHP – Sewer Repair
Mt Washington Vegetation Management
Vine Trail Construction began
Speed Cushions Pilot Grant St
Recreational Modular Office
Sharpsteen re-decking
Painted Fire Station
Repaved Lower Washington
Completed Hybrid A/V System CC
Procured Generator/PLC/Scada Project
Began Utility Rate Study
Completed Riverside Pond Design/Permit
Sewer slip line Lincoln Ave
Completed Projects Or
Major Milestone
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 10-Year Long Range CIP
Summary
Roads $42M
Parks & Buildings $13M
Water $47M
Sewer $32M
Total = $134M
Item #6.1.

9 Thank You
City Council
Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 06 2023
Subject: Consideration of a Resolution Declaring Certain Property Surplus and Authorizing Disposal of Said Property
DESCRIPTION:

Consideration of a Resolution declaring certain property surplus and authorizing the disposal of said property.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

Staff is requesting that City Council declare as surplus the item(s) on the attached Auction list and to authorize staff to dispose of such surplus items. Pursuant to the Government Code, such action is consistent with the authority granted to the City by the State of California. (Government Code § 37350 “A City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit.”)
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.

FINANCIAL IMPACT:

Any sale of the items will generate nominal revenue to the City which will be placed in the Equipment Replacement Fund, Account No. 15-3281.

ATTACHMENT(S):

1. Draft Resolution

2. Auction List - June 6, 2023
APPROVAL(S):

Nitish Sharma Approved - May 30 2023
Laura Snideman, City Manager Approved - May 30 2023
Yudiana Galvan, Interim City Clerk Approved - May 30 2023 Item #7.1.

RESOLUTION NO. 2023-XXX
ATTACHMENT 1

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

NAPA, STATE OF CALIFORNIA, DECLARING CERTAIN PROPERTY SURPLUS

AND AUTHORIZING THE DISPOSAL OF SAID PROPERTY BY THE

CITY MANAGER FOR THE BENEFIT OF THE CITY OF CALISTOGA
WHEREAS, the City of Calistoga possesses certain property, as set forth in the following attachment hereto, which is no longer needed for the operation of the City of Calistoga; and
WHEREAS, the City Council desires to declare certain property surplus, and to arrange for the sale or disposal of said items; and
WHEREAS, pursuant to Government Code § 37350, such action is consistent with the property-owning authority granted to municipalities by the State of California.

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

1. Declares that the property listed in Attachment "2" is surplus.

2. Authorizes City Manager to sell/dispose of said items in a manner most likely to produce the best financial return for the City, the proceeds of which shall be placed into the Equipment Replacement Fund, Account No. 15-3281.

PASSED, APPROVED AND ADOPTED this 6
th day of June, 2023. I, YUDIANA
GALVAN, INTERIM 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:
______________________________ _____________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.1.

CITY OF CALISTOGA

SURPLUS FOR AUCTION
JUNE 6, 2023

UNIT LICENSE VIN/SERIAL
# DEPT YEAR DESCRIPTION # # CONDITION
293 PD 2015 FORD EXPLORER SUV 1471846 1FM5K8AR3FGC27173 TOTALED 295 PD 2013 FORD TAURUS 1430016 1FAHP2M81DG158165 TOTALED 4523 PW 1997 FORD RANGER 4x4 1632900 1FTCR11U4VTA41330 NOT RUNNING 4533 PW 1999 JOHN DEERE TRACTOR LOADER 5210 N/A LV5210S123063 TRANSMISSION PROBLEMS N/A PW 1986 HONDA QUAD FOURTRAC 250 E39J51 JH3TE0608GC169880 NOT RUNNING N/A PW N/A GORMAN RUPP PORTABLE PUMP T6AF4L-SLA N/A 1154199 NOT RUNNING N/A PW N/A GENERAL ELECTRIC IRRIGATION PUMP 8RJLC-3 N/A 5K2540NM1005 FAIR ATTACHMENT 2
Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: David Fradelizio, Senior Civil Engineer
Meeting: City Council - Jun 06 2023
Subject: Emergency Award to Replace Equalization Basin Pond Liner DESCRIPTION:

Consideration of a Resolution that:

1. Conditionally awards a construction contract to Eakle Construction & Trucking for the Emergency Flow Equalization Basin Liner Repair Project (Project) in the amount of $392,428, subject to Eakle Construction & Trucking providing all documents in satisfaction of the award requirements.

2. Consents to forego the competitive bidding process as permitted by the Public Contract Code Section 22050 to enter emergency public works contracts in case of an emergency and following a four-fifths vote of the agency’s governing body to repair or replace a public facility.

3. Approves the Project construction budget in the amount of $475,000 which includes the base proposal and a contingency of 20% for construction and special inspections and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount.

4. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga.

5. Directs staff to issue a notice of award to Eakle Construction & Trucking. and otherwise administer the Project.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

The existing pond liner that holds untreated sewer influent for the flow equalization basin, has failed.

The liner was installed as part of a wastewater treatment plant (WWTP) upgrade in 2003 and is over 20-years old. For the past few years, staff have hired repair contractors to patch significant portions of the failed liner. The patches have failed, and liner has significant tears in it rendering it unable to contain raw sewage.

The liner replacement is an emergency situation and has to be replaced this summer while the pond is empty before this winter when it will have to hold raw influent. The liner is too old to be repaired any further. If a new liner is not installed before this winter, untreated wastewater will seep out of the ponds that are adjacent to the Napa River and be a violation to Calistoga’s NPDES permit. Significant fines and violations will occur.

Item #7.2.

Staff had two contractors visit the site to estimate replacement costs. Eakle Construction & Trucking provided the lowest cost of the two. Their scope of work includes cleaning the basin, replacing the liner, and replacing the perimeter fencing. They have provided similar replacement liners recently for Napa County. The replacement liner will be a thicker HDPE liner than the original and estimated to have a lifespan of 25-45 years.

Public Contract Code Section 22050 permits public agencies, in case of an emergency and following a four-fifths vote of the agency's governing body, to repair or replace a public facility and take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

Based on this review staff recommends that the City Council conditionally awards a construction contract to Eakle Construction & Trucking for the Emergency Flow Equalization Basin Liner Repair Project (Project) in the amount of $392,428, subject to Eakle Construction & Trucking providing all documents in satisfaction of the award requirements.

CEQA STATUS:

The project involves the replacement and reconstruction of existing wastewater treatment infrastructure. The facility will be located on the same site and will have the same purpose and capacity as the original infrastructure with no expansion in capacity. As such the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(c).

FINANCIAL IMPACT:

The FY 2022/23 Budget includes funding in Account No. 13-5609-4915 which has sufficient appropriations for the recommended emergency repair for $475,000.

ATTACHMENT(S):

1. Draft Resolution

2. Contract for Construction
Item #7.2.

RESOLUTION NO. 2023-XXX

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

OF NAPA, STATE OF CALIFORNIA, CONDITIONALLY AWARDING AN

EMERGENCY CONSTRUCTION CONTRACT TO EAKLE CONSTRUCTION &

TRUCKING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $475,000 FOR THE FLOW

EQUILIZATION BASIN LINER REPAIR PROJECT
WHEREAS, the existing pond liner that holds untreated sewer influent for the flow equalization basin, has failed. The liner was installed as part of a wastewater treatment plant (WWTP) upgrade in 2003 and is over 20-years old. For the past few years, staff have hired repair contractors to patch significant portions of the failed liner.

The patches have failed, and liner has significant tears in it rendering it unable to contain raw sewage; and
WHEREAS, the liner replacement is an emergency situation and must be replaced this summer while the pond is empty before this winter when it will have to hold raw influent. The liner is too old to be repaired any further. If a new liner is not installed before this winter, untreated wastewater will seep out of the ponds that are adjacent to the Napa River and be a violation to Calistoga’s NPDES permit. Significant fines and violations will occur; and
WHEREAS, staff had two contractors visit the site to estimate replacement costs.

Eakle Construction & Trucking provided the lowest cost of the two. Their scope of work includes cleaning the basin, replacing the liner, and replacing the perimeter fencing.

They have provided similar replacement liners recently for Napa County. The replacement liner will be a thicker HDPE liner than the original and estimated to have a lifespan of 25-45 years; and
WHEREAS, Public Contract Code Section 22050 permits public agencies, in case of an emergency and following a four-fifths vote of the agency's governing body, to repair or replace a public facility and take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts; and WHEREAS, the City Manager has declared this as an emergency and this emergency will not permit a delay resulting from a competitive solicitation for bids and the awarding of this contract is necessary to respond to the emergency; and WHEREAS, based on this review staff recommends that the City Council conditionally awards a construction contract to Eakle Construction & Trucking for the Emergency Flow Equalization Basin Liner Repair Project (Project) in the amount of ATTACHMENT 1
Item #7.2.

Resolution No. 2023-XXX

$392,428, subject to Eakle Construction & Trucking providing all documents in satisfaction of the award requirements; and
WHEREAS, staff recommends a contract be awarded to Eakle Construction & Trucking in the amount of $392,428; and
WHEREAS, staff recommends the City Council approve a total construction budget in an amount not to exceed $475,000. That includes contract award amount of $392,428 plus a 20% contingency to cover additional construction management and inspections costs and authorize the Public Works Director to negotiate and approve contract change orders up the approved amount; and
WHEREAS, the FY 2022/23 Budget includes funding in Account No. 13-5609- 4915 which has sufficient appropriations for the recommended emergency repair for $475,000; and
WHEREAS, the project involves the replacement and reconstruction of existing wastewater treatment infrastructure. The facility will be located on the same site and will have the same purpose and capacity as the original infrastructure with no expansion in capacity. As such, the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(c).

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

1. Approves Construction Documents.

2. Approves a total construction budget in the amount not to exceed $475,000.

That includes a contract award amount of $392,428 plus a 20% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved amount.

3. Authorizes expenditures from Account No. 13-5609-4915 in the amount of $475,000.

4. Awards the emergency construction contract to Eakle Construction & Trucking in the amount of $392,428 for construction of the Flow Equalization Basin Liner Repair Project conditioned upon Eakle Construction & Trucking providing all documents in satisfaction of the award requirements.

5. Authorizes the City Manager to execute the Contract on behalf of the City of Item #7.2.

Resolution No. 2023-XXX

Calistoga.

6. Directs staff to issue a Notice of Award to Eakle Construction & Trucking and otherwise administer the Project.

PASSED, APPROVED AND ADOPTED this 6
th day of June, 2023. I, YUDIANA

GALVAN, INTERIM 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:
______________________________ ______________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.2.

CITY OF CALISTOGA
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT
PROJECT NO. 23-5556

CONTRACT SPECIFICATIONS VOLUME I
For use with the State of California, Department of Transportation, Standard Specifications dated 2015, the State of California, Department of Transportation Standard Plans dated 2015, and most recent editions of City of Santa Rosa Design and Construction Standards and Construction Specifications for Public Improvements.

City of Calistoga
Department of Public Works
414 Washington Street
Calistoga, CA 94515
(707) 942-2828
Approved ________________________________________________ Derek Rayner, P.E. RCE No. 60941
ATTACHMENT 2 Item #7.2.

i

VOLUME I
Table of Contents
CONTRACT PROPOSAL .................................................................................................................... 2 PROPOSED SUBCONTRACTORS....................................................................................................... 6 PROPOSED MAJOR MATERIAL SUPPLIERS ...................................................................................... 7 SKILLED AND TRAINED WORKFORCE REQUIREMENT..................................................................... 9 NONCOLLUSION AFFIDAVIT .......................................................................................................... 13 IRAN CONTRACTING ACT CERTIFICATION..................................................................................... 15 CONTRACT FOR CONSTRUCTION.................................................................................................. 17 FAITHFUL PERFORMANCE BOND.................................................................................................. 19 LABOR AND MATERIALS PAYMENT BOND.................................................................................... 23 WARRANTY BOND......................................................................................................................... 27 CERTIFICATE OF INSURANCE AND ENDORSEMENT (WORKERS COMPENSATION) ...................... 29 CERTIFICATE OF INSURANCE AND ENDORSEMENT (COMMERCIAL GENERAL LIABILITY)............ 30 GENERAL CONDITIONS......................................................................................................GC SUPPLEMENTAL CONDITIONS. ..........................................................................................SC Eakle Construction & Trucking – City of Calistoga – Wastewater Treatment Plant/ Revised Pond Liner Repair – May 9
th, 2023
Item #7.2.

2 CONTRACT PROPOSAL

TO CITY OF CALISTOGA FOR
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556 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 2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556 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 for the total base bid price of

THREE HUNDRED AND NINETY TWO THOUSAND, FOUR HUNDRED AND TWENTY EIGHT DOLLARS ($392,428.00), which is in agreement with the scope of work, 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 are 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. ______________________________________ DIR Registration No._________________________________________ Item #7.2.

3 If Bidder is:

An Individual
Name (typed or printed): __________________________________________________ By: ____________________________________________________________________ (Individual’s signature)
Doing business as: _______________________________________________________ Business Address: _______________________________________________________ Phone No. (___)_____________ FAX No. (___)________ E-Mail Address ____________ A Partnership
Partnership Name: _______________________________________________________ By: ___________________________________________________________________ (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): _________________________________________________ Business address: _______________________________________________________ _____________________________________________________________________ Phone No. (__)___________ FAX No. (__)___________ E-Mail Address ___________ A Corporation
Corporation Name: _____________________________________________________ State of Incorporation: __________________________________________________ Type (General Business, Profession, Service, Limited Liability): ___________________ By: __________________________________________________________________ (Signature - attach evidence of authority to sign)
Name (typed or printed): ________________________________________________ Title: ________________________________________________________________ Attest _______________________________________________________________ (Signature of Corporate Secretary)
Business address: ______________________________________________________ _____________________________________________________________________ Phone No. (___)__________ FAX No. (___)___________ E-Mail Address _____________ Date of Qualification to do business is:_____________________________________ SEAL,
if required
by State
SEAL,
if required
by State

CORPORATE
SEAL,
if required by
State
Item #7.2.

4 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.

5 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

6 PROPOSED SUBCONTRACTORS
Pursuant to California Public Contract Code Section 4100 et seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of onehalf of one percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater. Additional supporting data may be attached to this page. Each page shall be sequentially numbered, headed “Proposed Subcontractors” and shall be signed.

Name Address Contr Lic
#
DIR Reg # Description & Cost of Work % of
Work
The Prime Contractor must perform at least 50% of the work with its own forces.

After the award of contract, substitutions of the above-listed proposed subcontractors may only be made with the prior approval of the City of Calistoga in accordance with Public Contract Code Section 4107.

Signature of Bidder
Date
Item #7.2.

7 PROPOSED MAJOR MATERIAL SUPPLIERS
The bidder is required to furnish the following information on major materials and manufacturers who will be supplying materials in value of $10,000 or more. No substitutions will be allowed in materials or manufacturers without the prior written approval of the Engineer.

1. 2.

3. 4.

5. 6.

7. 8.

Signature of Bidder
Date
Item #7.2.

8 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

9 SKILLED AND TRAINED WORKFORCE REQUIREMENT
The Prime Contractor certifies that, if and to the extent otherwise required by law, it can and will meet the requirements of Public Contract Code § 2601(d) subject to certain exceptions set forth therein, that the required percentage of the skilled journeypersons or skilled journeyperson hours employed to perform work on the Project by the Prime Contractor and all subcontractors are graduates of an apprenticeship program for the applicable apprenticeable occupation. “Skilled Journeyperson” means a worker who either:

1. Graduated from an apprenticeship program for the applicable occupation that was approved by the Chief or apprenticeship program located outside California and approved for federal purposes, pursuant to the apprenticeship regulations adopted by the Federal Secretary of Labor.

2. Has at least as many hours of on-the-job experience in the applicable occupation as would be required to graduate from an apprenticeship program that is approved by the Chief.

A graduate of an apprenticeship program means either of the following:

1. An individual that has been issued a certificate of completion under the authority of the California Apprenticeship Council for completing an apprenticeship program approved by the Chief pursuant to Section 3075 pf the Labor Code; or

2. An individual that has completed an apprenticeship program located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the federal Secretary of Labor.

Pursuant to Public Contract Code section 2602 and if and to the extent otherwise required by law, Prime Contractor certifies that it, and all its contractors and subcontractors at every tier will comply with the Skilled and Trained Workforce Requirements of Public Contract Code Chapter

2.9 (Sections 2600 through 2603). Prime Contractor also understands and acknowledges that it shall provide the City a monthly report, in the form on page 31 or a substantially similar form, demonstrating compliance with the Skilled and Trained Workforce Requirements listed in Public Contract Code Chapter 2.9 (Sections 2600 through 2603). If Prime Contractor fails to provide the monthly report, or a report that is incomplete, City will withhold future payments until a complete report is provided. The definitions, obligations, rights and remedies set forth in Public Contract Code Section 2600-2603 are hereby incorporated by reference and made a part of this agreement.

I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct.

Full Name:

Title:

Signature:

Date Signed:

Item #7.2.

10 *Project Title:
*Project Number:
*Prime Contractor:
*Subcontractor:
*Contact Name:
*Contact Number:

Skilled and Trained Workforce Monthly Compliance Report DIRECTIONS: This form is required to be submitted by the Prime for all contractors regardless of tier by the 10th of the following month for work performed corresponding to this reporting period. Items with a red asterisk (*) indicate a required field.

Month Year
Exceptions:*
*Work Month & Year:

The contractor or subcontractor need not meet the apprenticeship graduation requirements if either (1) is true, or (2)(A) and (2)(B) are both true:
*Please select
(True/False)
Exempt or nonexempt?
(1) The contractor or subcontractor employed skilled journeypersons to perform fewer than 10 hours of work on the project during the reporting period?
Exempt if (1) is
“True”
(2)(A) The subcontractor was not a listed subcontractor under Section 4104 or a substitute for a listed contractor.

Exempt if both
(2)(A) and (2)(B)
(2)(B) The subcontractor does not exceed one-half of 1 percent of the are “True” price of the prime contract.
*Report: Please fill out the following report for all apprenticeable occupations utilized in this reporting period.

SKILLED JOURNEYPERSON (SJ) REPORT
*Apprenticeable
Occupation
*Required
minimum
SJ:

Apprentice
Graduate %
(see 2nd
page
attachment)
Number of Skilled
Journeypersons (SJ)
employed by the contractor to
perform work on the project
SJ ratio between
the number of SJ:

Apprentice
Graduates to SJ:

On-The-Job
Experience
Workers
Number of hours worked by
SJ employed by the
contractor to perform work
on the project
SJ ratio of hours
worked by SJ:

Apprentice
Graduates
compared with
SJ: On-The-Job
Experience
Workers
*SJ:

Apprentice
Graduate
*SJ: OnThe-Job
Experience
*SJ:

Apprentice
Graduate
*SJ: OnThe- Job
Experienc
e
Item #7.2.

11 **EXAMPLE**
Laborer 40% 7 3 70% 30 70 30%
Terms Definitions
Apprentice Defined in Labor Code 3077
Skilled Journeyperson: Apprentice Graduate Defined in Public Contracts Code 2601 (e) (1) Skilled Journeyperson: On-The-Job-Experience Defined in Public Contracts Code 2601 (e) (2) Item #7.2.

12 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

13 NONCOLLUSION AFFIDAVIT
PUBLIC CONTRACT CODE §7106
State of California
County of .
, being first duly sworn, deposes and says that he or
she is (Title) of , the party
making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Name of Bidder
Signature of Principal
Note: If Bidder is a partnership or a joint venture, this affidavit must be signed and sworn to by every member of the partnership or venture.

Note: If Bidder (including any partner or venturer of a partnership or joint venture) is a corporation, this affidavit must be signed by the chairman, President, or Vice President and by the Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer.

Note: If Bidder’s affidavit on this form is made outside the State of California, the official position of the person taking such affidavit shall be certified according to law.

END OF DOCUMENT
Item #7.2.

14 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

15 IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Sections 2200 et seq.)
Project Name: 2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT PROJECT NO. 23-5556
As required by California Public Contract Code section 2204, Proposer certifies that the option checked below relating to Proposer’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code sections 2200 et seq.) is true and correct:
 Proposer is not:
(i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203; or (ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
 Los Angeles County has exempted Proposer from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, Los Angeles County will be unable to obtain the goods and/or services to be provided pursuant to the Contract.  The amount of the Contract payable to Proposer for the Project is less than $1,000,000.

CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY, that I am duly authorized to legally bind the Proposer to the above selected option. This certification is made under the laws of the State of California.

Contractor
Firm Signed
Date Name/Title
Note: In accordance with Public Contract Code section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

END OF DOCUMENT
Item #7.2.

16 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

17 CONTRACT FOR CONSTRUCTION
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT
, PROJECT NO. 23-5556
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 THREE HUNDRED AND NINETY TWO THOUSAND, FOUR HUNDRED AND TWENTY EIGHT DOLLARS ($392,428.00) 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, including all changes, addenda, and modification thereto are hereby made a part of and incorporated by reference into this Agreement: Contract Proposal, Bid Schedule, Notice of Award, Notice to Proceed, Contract for Construction, Faithful Performance Bond, Labor and Materials Payment Bond, Escrow Agreement for Security Deposits in Lieu of Retention (PCC § 22300), Substitution Request Form, Release of Claims, General Conditions, Supplemental Conditions, Special Provisions, Apprenticeship Program, Addenda, Technical Specifications, State of California Department of Transportation Standard Plans and Specifications, 2015 edition, most recent version of City of Santa Rosa Design and Construction Standards and Plans, most recent version of City of Santa Rosa Construction Specifications for Public Improvements, the Project Plans, 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.

There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions.

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.

Item #7.2.

18 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 may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

This Agreement is effective upon approval by the City Council, execution by the Contractor and concurrence by the Agency’s designated representative.

CITY OF CALISTOGA ,
a California Corporation
By: By:

Laura Snideman, City Manager (Authorized Representative of Contractor) Dated: ________________________ Printed Name:

ATTEST: Title:
(Attach Acknowledgment for Authorized
Representative of Contractor)
City Clerk Date: __________________ _______
(Contractor signatures must be notarized.)
Item #7.2.

19 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 2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556 (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 THREE HUNDRED AND NINETY TWO THOUSAND, FOUR HUNDRED AND TWENTY EIGHT DOLLARS ($392,428.00), 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.

20 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.

Item #7.2.

21 7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Construction Contract, and the Balance of the Agreement Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators or successors.

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

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

10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the address, or sent via 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.

22 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

23 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 2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556 (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 THREE HUNDRED AND NINETY TWO THOUSAND, FOUR HUNDRED AND TWENTY EIGHT DOLLARS ($392,428.00), 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.

24 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.

25 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.

26 THIS PAGE INTENTIONALLY BLANK
Item #7.2.

27 WARRANTY 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 2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556 (hereinafter referred to as the “Construction Contract”); and
WHEREAS, Contractor is required by the terms of the Construction Contract to furnish warranty security for the work performed pursuant to the Construction Contract in the amount of THREE HUNDRED AND NINETY TWO THOUSAND, FOUR HUNDRED AND TWENTY EIGHT DOLLARS ($392,428.00) to guarantee replacement and repair of the improvements as described in the Construction Contract for a period of one year following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done, or defective materials furnished.

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, being not less than ten percent (10%) of the amount payable by the terms of the Construction Contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the Improvements by the City Council of Owner, then this obligation shall be null and void; otherwise, this obligation shall remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys’ fees incurred by Owner in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.

Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Construction Contract, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing the Owner’s rights against the others.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner or its successors or assigns.

Item #7.2.

28 Surety shall provide Owner with thirty (30) days’ written notice of Principal’s default prior to Surety terminating, suspending or revoking the bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the work or to the Specifications.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their seals this ______________ day of ___________________________, 2023, the names and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Principal)
By:

Signature
Print Name
Title
Note:

To be signed by Principal
and Surety and acknowledgment
and notarial seal attached.
(Surety)
(Address)
By:

Signature
Print Name
Title
Item #7.2.

29 CERTIFICATE OF INSURANCE AND ENDORSEMENT (WORKERS COMPENSATION) Contract with the City of Calistoga, 1232 Washington Street, Calistoga, California 94515, for the construction of:
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556 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 by registered mail to the City prior to any material change or cancellation of said policies. The policies are so endorsed.

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.

30 CERTIFICATE OF INSURANCE AND ENDORSEMENT (COMMERCIAL GENERAL LIABILITY) Contract with the CITY OF CALISTOGA, 1232 Washington Street, Calistoga, California 94515, for the construction of:
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556 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.

31 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. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Calistoga.

4. Coverage shall not extend to any indemnity coverage for the active 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
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556 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 unless specially mentioned otherwise. 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 unless specially mentioned otherwise. 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 2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556.

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

Engineer – The Public Works Director or Senior Civil Engineer 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, Associate Civil Engineer 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. The City will issue a Substantial Completion Notice following the completion of Phase Two construction. The City will issue a final Completion Notice following the completion of the Maintenance Period.

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 PLANS, SPECIFICATIONS, 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, plans, specifications, 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 project plans and specifications, 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 Item #7.2.

GC-3
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.

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 detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater.

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.

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.

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) or Class C-12 Earthwork and Paving 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.

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 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 Item #7.2.

GC-4
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.

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. working days will begin at the date specified in the Notice to Proceed letter.

E. FAILURE TO EXECUTE CONTRACT
Failure to sign the Contract within ten (10) calendar days after the date of the Notice of Intent to Award shall be just cause for the rejection of the subject bid.

Failure to file acceptable performance and payment bonds and insurance as provided herein within ten (10) calendar days after the bidder has received the Notice of Award , shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. Upon any such failure by the successful bidder, the contract for the work may be awarded to the second lowest responsible bidder. If the second lowest responsible bidder fails to execute the Contract within ten (10) calendar days from receiving a Notice of Intent to Award and file acceptable bonds and insurance as provided herein within ten (10) calendar days after such bidder has received the Notice of Award stating 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 sign the Contract within ten (10) calendar days from receiving the Notice of Intent to Award shall be just cause for the rejection of their bid.

Failure of the second or of the third lowest responsible bidder to whom a contract is so awarded to file acceptable bonds and insurance as provided herein within ten (10) calendar days after such bidder has received the Notice of Award stating that the contract for the Work has been awarded to them shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty of each such bidder.

SECTION GC-4 SCOPE OF WORK
A. INTENT OF PLANS AND SPECIFICATIONS
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.

Item #7.2.

GC-5
Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail 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
All work embraced herein shall be constructed in strict accordance with the applicable codes, Plans, and specifications of the City of Santa Rosa Design and Construction Standards and the Caltrans Standard Plans and Specifications, where applicable and otherwise legally permissible.

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.

The work embraced herein shall be done in accordance with plans, specifications, and requirements approved by the City if such work, material or equipment is not specifically detailed in the Contract Documents, Special Provisions, or accompanying plans.

The parts of the Contract Documents are intended to be complimentary.

In case of conflict between the Caltrans Standard Specifications and the other Contract Documents, the provisions of paragraph GC-5.D COORDINATION AND INTERPRETATION OF PLANS, STANDARD SPECIFICATIONS, and SPECIAL 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 (except as may otherwise by provided in paragraph GC-5.D).

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

GC-6
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. 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 City.

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
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
Item #7.2.

GC-7
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. WATER QUALITY PROTECTION
Contractor to comply with requirements water quality protection, including preparation and implementation of a Water Pollution Control Plan (WPCP) and non-storm water control, in accordance with Section 01800 Environmental Protection of the Technical Specifications.

H. CONTRACTOR’S AS-BUILT DRAWINGS
Contractor shall be provided one clean extra set of working plans and specifications 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 City 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 plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. The 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. PLANS AND WORKING DRAWINGS
Item #7.2.

GC-8
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the City.

The Plans furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the contract plans shall be in writing.

The Plans shall be supplemented by such working drawings prepared by the Contractor as are necessary to 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 plans and specifications, and his decision as to any allowable deviations therefrom shall be final. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer/Owner and authorized in writing.

D. COORDINATION AND INTERPRETATION OF PLANS, STANDARD SPECIFICATIONS, AND

SPECIAL PROVISIONS
The Caltrans Standard Specifications, the Plans, 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 Conditions. Otherwise, in the event of a conflict, the requirement most favorable to the City shall govern.

Item #7.2.

GC-9
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 or Plans, 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 work is actually in progress. Before starting work, the Contractor shall designate in writing, a representative who shall have the authority to represent and act for the Contractor regarding any written or verbal directions, or requests of the 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 work is 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 work is 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 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
Item #7.2.

GC-10
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.

I. REMOVAL OF REJECTED AND UNAUTHORIZED WORK
Item #7.2.

GC-11
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.

Any work done beyond the lines and grades shown on the Plans or established by the Engineer/Owner, or any extra work done without written authority, will be considered as unauthorized work and will not be paid for. Upon order of the Engineer/Owner unauthorized work shall be remedied, removed, or replaced at the Contractor's expense.

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-12
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-13
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 plans, specifications 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-14

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 plans or specifications 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 plans and specifications 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-15
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 plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the 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 Item #7.2.

GC-16
applicable to this contract. Attention is particularly directed to the subsections pertaining to Hours of Labor, Alien Labor, Labor Discrimination, Prevailing Wages, Apprentices, and the Fair Labor Standards Act.

This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 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 with each Progress Payment Request.

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 selfItem #7.2.

GC-17
insurance in accordance with the provisions before commencing the performance of the work of this contract."
Full compensation for conforming to the requirements of this section shall be 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
Item #7.2.

GC-18
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 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 three (3) working days before closing any travel lane or otherwise hindering access by emergency vehicles to any area.

Item #7.2.

GC-19
K. FLAGGING COSTS
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 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 moving the bridge to the site.

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, not shown on the plans to be removed, 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
Item #7.2.

GC-20
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 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 48 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 sole or active 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 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 arises out of or is in any way connected with the performance of the Contract, including any of the same resulting from City’s alleged or actual negligent act or omission, or their agents, consultants, directors, officials, engineers, volunteers, subconsultants, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its officers, agents, 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.

Item #7.2.

GC-21
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;

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 plans and specifications, 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 Item #7.2.

GC-22
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.

S. INSURANCE
Within ten (10) calendar days after receiving Notice of 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:

Item #7.2.

GC-23
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 G0009 11 88 Owners and Contractors Protective Liability Coverage – Coverage for Operations of Designated Contractor) and Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). Claims-made policies will not be accepted.

1. Additional Insureds – The Commercial General Liability policy of insurance shall be endorsed to name 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;
Owner's/Independent Contractors and Contractor's Protective; Products - Completed Operations;
Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.); Blanket Contractual liability, including the indemnity agreement in this contract; Separation of Insureds / Cross-Liability Provisions;
Duty to Defend all Insureds;
Deletion of any limitation on Coverage for Bodily Injury or Property Damage arising out of Subsidence or Soil or Earth Movement;
Item #7.2.

GC-24
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 on the underlying Commercial General Liability insurance and Comprehensive Automobile Liability.

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

7. Coverage shall not extend to any indemnity coverage for the active negligence 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 name the City of Calistoga, its officers, elected and appointed officials, employees and volunteers, and the Contractor as insureds, as their interests may appear, and shall include coverage including, but not limited to, all damages or loss to the Work and to appurtenances, to Item #7.2.

GC-25
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:

1. The City shall be named as 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, be subject to nonrenewal, or otherwise be subject to material modification, except 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.

Item #7.2.

GC-26
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.

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.

Item #7.2.

GC-27

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

The City may, without prejudice to any other right or remedy, 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.

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 the Termination for Convenience section immediately below, 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 Item #7.2.

GC-28
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.

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.

Item #7.2.

GC-29
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.

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, 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 Item #7.2.

GC-30
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 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 Contractor has complied with the Subletting and Subcontracting Fair Practices Act, Public Contract Code Section 4100, et seq. and 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) calendar 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. Working days will begin on the day of Notice to Proceed issuance unless otherwise stated in the Notice to Proceed.

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 or asrequired by the project’s permits.

F. TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth under “Project Time” in the Instructions to Bidders.

Item #7.2.

GC-31
It is agreed by the parties to the Contract that in case all the work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these specifications, damage will be sustained by the City of Calistoga, and that it is and will be impracticable to determine the actual damage which the City of Calistoga will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of Calistoga the sum stated in the Information for Bidders for each and every calendar days’ delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided under “Project Time” in the Information to Bidders, and in case the same are not paid, agrees that the City of Calistoga may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract.

It is further agreed that in case the work called for under the Contract is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend Contract Time, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the Work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges.

The Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within fifteen (15) calendar days from the beginning of any such delay, notify the Engineer/Owner, in writing of the causes of delay. The Engineer/Owner shall ascertain the facts and the extent of delay, and his findings thereon shall be final and conclusive.

Except for the additional compensation provided for in the Caltrans Standard Specifications, and except as provided in Public Contract Code Section 7102, the Contractor shall have no claim for damage or compensation for any delay or hindrance.

It is the intention of the above provisions that the Contractor shall not be relieved of liability for liquidated damages or engineering and inspection charges for any period of concurrent delay (i.e., where the delay results from both excusable and non-excusable causes) in completion of the work
G. LIMITS OF WORK
The "limits of work" are shown on the plans (where applicable). The Contractor shall make its own arrangements, and pay all expenses for additional area required outside of the limits of work unless provided in the Special Provisions. The Contractor shall refer to the Special Provisions for additional information regarding limits of work.

Item #7.2.

GC-32
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 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, or in a location different from that shown on the plans or in the Special Provisions. 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.

Item #7.2.

GC-33
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.

The bid items will be measure and paid as listed in the bid schedule and as described in the Technical Specification for each item of work.

B. SCOPE OF PAYMENT
The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract; 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 plans and specifications. 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
Item #7.2.

GC-34
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 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 Item #7.2.

GC-35
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 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. Escrow Agreement for Security Deposits in Lieu of Cash Retention (PCC § 22300). Upon Contractor's request, City shall complete a standard agreement in conformance with Public Contract Code Section 22300 and send to Contractor. Contractor shall sign and have the escrow agent sign the agreement and return three copies to the City. All three copies must have original signatures. After all three copies are signed, the City Clerk shall retain one original, and the City will mail one copy to Contractor and one copy to the escrow agent.

In order for the escrow account to receive the retention that would normally be withheld by the City, Contractor must issue a separate invoice for the retention amount along with the normal invoice for approval by City.

For termination of the escrow account after the contract is complete, Contractor shall request withdrawal of the escrow account. A written request is required from Contractor. City will verify that Contractor has met all requirements and procedures applicable to the contract. Then a written authorization shall be prepared and executed by City. It will then be submitted to the escrow agent.

I. 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.

Item #7.2.

GC-36
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:
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.

Item #7.2.

GC-37
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.

J. 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%.

K. 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.

L. CLAIMS PROCEDURES AND RESOLUTION OF DISPUTES
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.

Item #7.2.

GC-38
Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 20104, 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. • 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.

Item #7.2.

GC-39
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
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.

Item #7.2.

GC-40
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.

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
Item #7.2.

GC-41
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 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
Item #7.2.

GC-42
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.

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
Item #7.2.

GC-43
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.

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.
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
Item #7.2.

GC-44

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 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 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 Item #7.2.

GC-45
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.
▪ Keep warning lights burning from one hour before sunset until one hour after sunrise.

X. See also General notes on Project Plans.

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
Item #7.2.

GC-46
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 designated by the plans or 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

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
Item #7.2.

GC-47
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
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. (Release Forms referenced in Section GC-9 begin on the following page) Item #7.2.

GC-48

THIS PAGE INTENTIONALLY BLANK
Item #7.2.

GC-49
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556

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-50

THIS PAGE INTENTIONALLY BLANK
Item #7.2.

GC-51
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556

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-52

THIS PAGE INTENTIONALLY BLANK
Item #7.2.

GC-53
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556

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-54

THIS PAGE INTENTIONALLY BLANK
Item #7.2.

GC-55
2023 EMERGENCY EQUILIZATON POND LINER REPLACEMENT, PROJECT NO. 23-5556

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-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 or Other Requirements ....................................... SC-4 Item #7.2.

SC - 1

SUPPLEMENTAL CONDITIONS
2023 SLURRY SEAL PROJECT PHASE I, PROJECT NO. 23-5552
The following Requirements will supplement the City of Calistoga General Conditions.

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.

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.

Item #7.2.

SC - 2
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 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 Item #7.2.

SC - 3
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 Final 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.

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).

Item #7.2.

SC - 4
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 signs shall be mounted on plywood and 4”x4” wood posts. 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 OR OTHER REQUIREMENTS
Reserved
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 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 Item #7.2.

SC - 5
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.

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 Item #7.2.

SC - 6
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 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.

Item #7.2.

SC - 7
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
Reserved
SC-12.1 Traffic Control
Reserved
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. The staging area shall be restored to pre-construction condition within 10 calendar days of substantial completion of work.

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

Contractor shall submit a staging plan for Engineer’s approval prior to mobilization.

SC-13 Other Requirements
Reserved
SC-14 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 Item #7.2.

SC - 8
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.

END OF SUPPLEMENTAL CONDITIONS

SEE VOLUME II FOR TECHNICAL SPECIFICATIONS
Item #7.2.

Eakle
Construction & Trucking
License # 974857
PO Box 107, Pope Valley CA 94567
Phone (707) 965-3610 ext. # 103 ~ Fax (707) 965-3245

March 9, 2023
City of Calistoga - Wastewater Treatment Plant / Revised Pond Liner Repair Dear David:

This is the Bid to install a new liner at the septic pond at the Calistoga Wastewater Treatment facility in Calistoga. Approximately 123,463 sq. ft. of 60 mil, smooth liner, 180 lf. of SST batten bar system Note: Pond will need to be empty for at least 14 days. Pond will be empty, if any off haul is required it will be on a T&M basis. New liner will be overlayed over the old liner.

Project Overview:

To install a 60-mil textured HDPE Geomembrane lining over the entire pond area including and old liner SST batten bar system for terminating liner to concrete structures and HDPE pipe boot for sealing liner to overflow pipe penetration and inlet pipe penetration and trenching for liner. We will remove the existing fencing. Install fencing and clean out the bottom of the pond. Debris from the bottom of the pond will be left onsite at a designated area.

Total $ 392,428.00
** Eakle Construction & Trucking should be included in all meetings with the Owner, Engineer etc. as any changes could potentially change our scope of work.

Exclusions:

Wastewater storage during construction.

Availability is mid-July, once the contract is signed and returned, we will be able to provide a tentative start date.

Proposal pricing is valid for 30 days.

Anything not included in this Bid will be billed as an extra on a time and materials basis once direction is received from the owner.

Item #7.2.

Eakle
Construction & Trucking
License # 974857
PO Box 107, Pope Valley CA 94567
Phone (707) 965-3610 ext. # 103 ~ Fax (707) 965-3245
March 9, 2023
City of Calistoga - Wastewater Treatment Plant / Revised Pond Liner Repair Thank you again for considering Eakle Construction & Trucking, if you have any questions or concerns, please don’t hesitate to call or e-mail me.

Sincerely,
David Eakle
Eakle Construction & Trucking
Item #7.2.

Eakle
Construction & Trucking
License # 974857
PO Box 107, Pope Valley CA 94567
Phone (707) 965-3610 ext. # 103 ~ Fax (707) 965-3245
March 9, 2023
City of Calistoga - Wastewater Treatment Plant / Revised Pond Liner Repair Payments shall be made as follows: Progress Invoice will be sent on a bi-weekly basis until the Job is complete.

Terms are Net 15
Acceptance of Proposal: The above price, specifications, and conditions are satisfactory and are hereby accepted.

You are authorized to do the work as specified. Payment shall be made as described above.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD

WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ LICENSE BOARD, P. O. BOX 26000, SACRAMENTO, CALIFORNIA 95826.

City of Calistoga ________________
Signature: _______________________________
Print Name: _____________________________
Title: ___________________________________
Date: ___________________________________
Item #7.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 06 2023
Subject: Consideration of a Resolution Accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District DESCRIPTION:

Consideration of a Resolution accepting the Engineer’s Report for the Palisades Subdivision Landscape Maintenance Assessment District, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

As a condition of the development of the Palisades Subdivision (located between Money Lane and Highway 29, behind La Prima Pizza located at 1923 Lake Street, see Exhibit F), a landscaping assessment district was established by the city to fund the maintenance of the area adjacent to State Route 29 on the north side of the development, and along Money Lane between the property fence and sidewalk.

The Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the city undertake certain proceedings for any fiscal year during which assessments are to be levied and collected. These proceedings are accomplished at three separate Council meetings and include the following Council actions:

1. Adopt a resolution directing the City Engineer to prepare and file a report.

2. Approve the Engineer’s Report, declare the City Council’s intent to levy and collect assessments and set the date for a public hearing.

3. Conduct a public hearing and authorize the actual levying and collection of assessments.

On May 2, 2023, the Council adopted Resolution No. 2023-025 directing the City Engineer to prepare and file the attached report for the Palisades Subdivision Landscape Maintenance Assessment District for Fiscal Year 2023-24.

Item #7.3.

For Fiscal Year 2022-23 the assessment was set at $35/parcel for the 44 parcels in the assessment district for a total assessment of $1,540. The assessment for Fiscal Year 2023-24 will remain the same. The city contribution for FY 22-23 was substantially higher due to the expense of $3,560 for a tree removal at 2108 Table Rock Court located in the Palisades Subdivision.

Fiscal Years 2022-23 and 2023-24 are compared below.

FY 2022-23 FY 2023-24
Total Assessment $1,540 $1,540
City Contribution 5,226 1,373
Total Costs $6,776 $2,913
The attached resolution would accept the Engineer’s Report, declare the Council’s intent to levy and collect assessments in the amount of $35/parcel for Fiscal Year 2023-24 and set the date for the public hearing for July 18, 2023.

CEQA STATUS:

The recommended 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.

FINANCIAL IMPACT:

The Assessment District is intended to have no direct fiscal impact on the City of Calistoga, as revenues collected through assessment are expended for maintenance and administration. However, estimated costs for FY 2023-24 are expected to exceed the total assessment in the amount of $1,373.

This amount to be included in Account No. 01-4123-4404. Any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.

ATTACHMENT(S):

1. Draft Resolution

2. Engineer's Report
Item #7.3.

RESOLUTION 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ACCEPTING THE ENGINEER’S REPORT FOR THE PALISADES SUBDIVISION LANDSCAPE MAINTENANCE DISTRICT (LMD) FY 2023/24 ASSESSMENT, DECLARING THE CITY COUNCIL’S INTENT TO LEVY AND COLLECT

ASSESSMENTS AND SETTING THE DATE OF A PUBLIC HEARING
WHEREAS, the City of Calistoga established a Landscape Maintenance District for the Palisades Subdivision; and
WHEREAS, in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647), the City is required to undertake certain proceedings for any fiscal year during which an assessment is to be levied; and WHEREAS, on May 2, 2023, the City Council directed the City Engineer to prepare and file a report for the Palisades Subdivision Landscape Maintenance Assessment District for Fiscal Year 2023-24; and
WHEREAS, on May 23, 2023, the City Engineer filed such report with the City Clerk; and
WHEREAS, there will be no new improvements or substantial changes in the existing improvements other than that required to maintain the existing landscape and irrigation system; and
WHEREAS, estimated costs for FY 2023-24 are expected to exceed the total assessment in the amount of $1,373. This amount to be included in the Account No. 01- 4123-4404; and
WHEREAS, any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.

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

1. Accepts the assessment and the diagram of parcels shown on EXHIBIT F contained in the Engineer’s Report.

2. Declares the intention to levy and collect assessments of $35.00 per parcel for the Fiscal Year 2023-24.

3. Sets a public hearing in the matter of the assessment for the Palisades Subdivision Landscape and Maintenance District at the regular City Council meeting to be held no sooner than 6:00 p.m. on July 18, 2023.

ATTACHMENT 1
Item #7.3.

Resolution 2023-XXX

PASSED, APPROVED AND ADOPTED this 6
th day of June, 2023. I, YUDIANA

GALVAN, INTERIM 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:
______________________________ ___________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.3.

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Item #7.3.

Printed On: 5/25/2022
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
accuracy of the data delineated hereon.

Palisades Subdivision [ 0 0.025 0.05 0.0125
mi
Legend
Addresses
All Roads
Major Road
Local Road
Parcels
County
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County of Napa | ITS Dept
(;+,%,7) Item #7.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Jun 06 2023
Subject: Consideration of a Resolution Accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District DESCRIPTION:

Consideration of a Resolution accepting the Engineer’s Report for the Silverado Place Subdivision Landscape Maintenance Assessment District, declaring the intention of the City Council to levy and collect assessments and setting the date for the public hearing.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

As a condition of the development of the Silverado Place Subdivision (located between Money Lane and Highway 29, behind La Prima Pizza located at 1923 Lake Street, see Exhibit F), a landscaping assessment district was established by the city to fund the maintenance of the area adjacent to State Route 29 on the north side of the development.

The Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647) requires that the city undertake certain proceedings for any fiscal year during which assessments are to be levied and collected. These proceedings are accomplished at three separate Council meetings and include the following Council actions:

1. Adopt a Resolution directing the City Engineer to prepare and file a report.

2. Approve the Engineer’s Report, declare the City Council’s intent to levy and collect assessments and set the date for a public hearing.

3. Conduct a public hearing and authorize the actual levying and collection of assessments.

On May 2, 2023, the Council adopted Resolution No. 2023-026 directing the City Engineer to prepare and file the attached report for the Silverado Place Subdivision Landscape Maintenance Assessment District for Fiscal Year 2023-24.

Item #7.4.

For Fiscal Year 2022-23 the assessment was set at $66.67/parcel for the 15 parcels in the assessment district for a total assessment of $1,000. The assessment for Fiscal Year 2023-24 will remain the same.

Fiscal Years 2022-23 and 2023-24 compared below.

FY 2022-23 FY 2023-24
Total Assessment $1,000 $1,000
City Contribution 68 126
Total Costs $1,068 $1,126
The attached resolution would accept the Engineer’s Report, declare the Council’s intent to levy and collect assessments in the amount of $66.67/parcel for Fiscal Year 2023-24, and set the date for the public hearing for July 18, 2023.

CEQA STATUS:

The recommended 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.

FINANCIAL IMPACT:

The Assessment District is intended to have no direct fiscal impact on the City of Calistoga, as revenues collected through assessment are expended for maintenance and administration. However, estimated costs for FY 2023-24 are expected to exceed the total assessment in the amount of $126.

This amount to be included in Account No. 01-4123-4404. Any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.

ATTACHMENT(S):

1. Draft Resolution

2. Engineer's Report
Item #7.4.

RESOLUTION 2023-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF NAPA, STATE OF CALIFORNIA, ACCEPTING THE ENGINEER’S REPORT FOR

THE SILVERADO PLACE SUBDIVISION LANDSCAPE MAINTENANCE DISTRICT (LMD) FY 2023/24 ASSESSMENT, DECLARING THE CITY COUNCIL’S INTENT TO

LEVY AND COLLECT ASSESSMENTS AND SETTING THE DATE OF A PUBLIC

HEARING
WHEREAS, the City of Calistoga established a Landscape Maintenance District for the Silverado Place Subdivision; and
WHEREAS, in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code 22500-22647), the City is required to undertake certain proceedings for any fiscal year during which an assessment is to be levied; and WHEREAS, on May 2, 2023, the City Council directed the City Engineer to prepare and file a report in for the Silverado Place Subdivision Landscape Maintenance Assessment District for Fiscal Year 2023-24; and
WHEREAS, on May 23, 2023, the City Engineer filed such report with the City Clerk; and
WHEREAS, there will be no new improvements or substantial changes in the existing improvements other than that required to maintain the existing landscape and irrigation system; and
WHEREAS, estimated costs for FY 2023-24 are expected to exceed the total assessment in the amount of $126. This amount to be included in Account No. 01-4123- 4404; and
WHEREAS, any proposed increase in the amount of the assessment would require balloting of the property owners under the provisions of Proposition 218.

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

1. Accepts the assessment and the diagram of parcels shown on EXHIBIT F contained in the Engineer’s Report.

2. Declares the intention to levy and collect assessments of $66.67 per parcel for the Fiscal Year 2023-24.

3. Sets a public hearing in the matter of the assessment for the Silverado Place Subdivision Landscape and Maintenance District at the regular City Council meeting to be held no sooner than 6:00 p.m. on July 18, 2023.

ATTACHMENT 1
Item #7.4.

Resolution 2023-XXX

PASSED, APPROVED AND ADOPTED this 6
th day of June, 2023. I, YUDIANA

GALVAN, INTERIM 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:
______________________________ __________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.4.

Item #7.4.

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Printed On: 5/25/2022
Disclaimer: This map w as preparedfor informational
purposes only. No liability is assumed for the
accuracy of the data delineated hereon.

Silverado Place Subdivision [ 0 0.01 0.02 0.005
mi
Legend
Addresses
All Roads
Major Road
Local Road
Parcels
County
Boundary
County of Napa | ITS Dept
(;+,%,7) Item #7.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council – June 6, 2023
Subject: Award the Cedar Street Paving and Utility Replacement Project to Kerex Engineering, Inc.

DESCRIPTION:

Consideration of a Resolution that:

1. Conditionally awards a construction contract to Kerex Engineering, Inc. for the Cedar Street Utility Replacement and Pavement Rehabilitation Project (Spring Street to Lincoln Avenue) (Project) in the amount of $1,797,442, subject to Kerex Engineering, Inc. providing all documents in satisfaction of the bid award requirements.

2. Consents to relieve Argonaut Constructors of its bid because of an arithmetic mistake made in the bid.

3. Approves the Project construction budget in the amount of $2,156,930 which includes the base bid and a contingency of 20% for construction and special inspections and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved construction budget amount.

4. Authorizes the City Manager to execute the Project contract on behalf of the City of Calistoga.

5. Directs staff to issue a notice of award to Kerex Engineering, Inc. and otherwise administer the Project.

6. In the event Kerex Engineering, Inc. is unable to meet the conditions of award, awards the construction contract to Granite Construction Company conditioned upon Granite Construction Company providing all documents in satisfaction of the bid award requirements.

RECOMMENDATION:

Consider adopting resolution.

BACKGROUND/SUMMARY:

The concrete pavement and existing utilities in Cedar Street between Spring Street and Lincoln Avenue are deteriorated and in poor condition. Cedar Street is classified as a collector street and has a pavement condition index of 28 on a scale of 100. The existing sewer main that was installed in 1915 has seriously deteriorated and needs to be replaced. Additionally, there is a 70+ year-old corroded steel water main that leaks and continues to need repair that will be replaced along with its service laterals.

Item #7.5.

Project plans and specifications were prepared by Adobe Associates and RGH geotechnical consultants. Based on the analysis, the rehabilitation will be accomplished by removing the concrete pavement and installing 4.2-inches of asphalt over 1.25 feet of aggregate base.

The project includes the following improvements:
• Reconstruct existing street pavement, curbs, and gutters. • Replace existing sewer main and sewer laterals.
• Replace existing water main, and water services.
• Upgrade curb ramps to meet current ADA standards.
• Install storm drain system improvements at Elm Street intersection, Spring Street intersection and the Spring Street cul-de-sac.
• Install driveway approach conforms.
• Repair sections of deteriorated sidewalk.

The Project was advertised for bid on March 2, 2023. The Engineer’s Estimate for the project was $1,400,000. On April 4, 2023, five bids were received as summarized below:

Argonaut Constructors $1,341,394.00
Kerex Engineering Inc. $1,797,442.00
Granite Construction Company $1,837,738.06
Ghilotti Construction Company, Inc. $1,921,094.95
Ghilotti Bros., Inc. $2,171,156.24
Argonaut Constructors was initially identified as the apparent low bidder. However, they have requested relief from their bid due to a mathematical mistake. The criteria for consenting to relieve a bidder because of a mistake is specified in the Public Contract Code. The City Attorney has reviewed the request for relief from bid and believes that it meets the required criteria. A report documenting the facts establishing the existence of each element required by Section 5103 of the Public Contract Code is attached. Given that Argonaut Constructors has claimed a mistake, Argonaut Constructors is prohibited from participating further in the bidding on this project, per Section 5105 of the Public Contract Code.

Further, under Public Contract Code section 5101, the City may not accept any change to Argonaut Constructor’s bid. Accordingly, while the City Attorney recommends that Argonaut Constructors be relieved of its bid, this will mean that the City may not consider a “corrected” version of Argonaut Constructor’s bid on this project. Instead, the City must consider the bids submitted by others.

Staff have reviewed the low bid from Kerex Engineering, Inc., performed due diligence, and performed reference checks. Based on this review staff recommends that the City Council find Kerex Engineering, Inc. to be the lowest responsive and responsible bidder.

CEQA STATUS:

The project involves the replacement and reconstruction of existing street infrastructure. The facility will be located on the same site and will have the same purpose and capacity as the original infrastructure with no expansion in capacity. As such the project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(c).

Item #7.5.

FINANCIAL IMPACT:

The construction cost of $2,156,930 includes $1,196,822 pavement, $483,570 water main and $476,538 sewer cost.

The Project is included in three FY23/24 funds: Pavement and Maintenance CIP Budget, (Account #01-5402-4905-4915), Replacement Water Mains (Account #:12-5490-4905-4915) and Replace Sewer Mains (Account #:13-5555-4905-4915). The total amount available in the Pavement and Maintenance budget is $2,900,000, Water Main Replacement budget is $550,000 and Sewer Main Replacement budget is $600,000 for the necessary utility replacements. The total project costs of $2,156,930 are well within budget.

ATTACHMENT(S):

1. Draft Resolution

2. Contract Proposal

3. Contract for Construction

4. Report on Relief of Bid for Argonaut Constructors
Item #7.5.

RESOLUTION NO. 2023-XXX

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

OF NAPA, STATE OF CALIFORNIA, CONDITIONALLY AWARDING A
CONSTRUCTION CONTRACT TO KEREX ENGINEERING, INC. AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH A BUDGET IN THE AMOUNT OF $2,156,930 FOR THE CEDAR STREET UTILITY

REPLACEMENT AND PAVEMENT REHABILITATION PROJECT (SPRING

STREET TO LINCOLN AVENUE)
WHEREAS, the concrete pavement and existing utilities in Cedar Street between Spring Street and Lincoln Avenue are deteriorated and in poor condition. The existing sewer main that was installed in 1915 has seriously deteriorated and needs to be replaced. Additionally, there is a 70+ year-old corroded steel water main that leaks and continues to need repair that will be replaced along with its service laterals. In addition the City’s Pavement Management Report identified Cedar Street between Spring Street and Lincoln Avenue as being in need of reconstruction; and WHEREAS, project plans and specifications were prepared by Adobe Associates and RGH geotechnical consultants; and
WHEREAS, an Invitation to Bid was circulated on March 2, 2023, and five bids were received by the City; and
WHEREAS, Argonaut Constructors, Inc. was apparent low bid but submitted a request for relief from their bid pursuant to Public Contract Code Section 5103 due to an arithmetic mistake, and City Council consents to relieve their bid; and WHEREAS, the next apparent low bidder is Kerex Engineering, Inc., with a base bid in the amount of $1,797,442 and the second apparent lowest bidder is Granite Construction Company with a base bid in the amount of $1,837,738.06; and WHEREAS, City staff has confirmed that the bid from Kerex Engineering, Inc. is responsible and responsive and satisfies the bidding requirements for the Project as described in the bid instructions. Staff has also determined that Kerex Engineering, Inc. possesses the required license(s) for this Project and is otherwise qualified to perform the Project in accordance with the Contract documents; and WHEREAS, staff has determined that Granite Construction Company also possesses the required license(s) for this Project and is otherwise qualified to perform the Project in accordance with the Contract documents; and WHEREAS, staff recommends a contract be awarded to Kerex Engineering, Inc. for its base bid in the amount of $1,797,442; and
ATTACHMENT 1
Item #7.5.

Resolution No. 2023-XXX

WHEREAS, staff recommends the City Council approve a total construction budget in the amount of $2,156,930 that includes contract award amount of $1,797,442 plus a 20% contingency to cover additional construction management and inspections costs and authorize the Public Works Director to negotiate and approve contract change orders up the approved amount; and
WHEREAS, the construction cost of $2,156,930 includes $1,196,822 pavement, $483,570 water main and $476,538 sewer cost. The Project is included in three FY23/24 funds: Pavement and Maintenance CIP Budget, (Account #01-5402-4905- 4915), Replacement Water Mains (Account #:12-5490-4905-4915) and Replace Sewer Mains (Account #:13-5555-4905-4915). The total amount available in the Pavement and Maintenance budget is $2,900,000, Water Main Replacement budget is $550,000 and Sewer Main Replacement budget is $600,000 for the necessary utility replacements.

The total project costs of $2,156,930 are well within budget; and WHEREAS, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14, the California Code of Regulations, Section 15302(c).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY RESOLVE AND APPROVE THE FOLLOWING:

1. The bid from Kerex Engineering, Inc. is the lowest responsive and responsible bid and the City hereby waives any and all minor bid irregularities.

2. Approves the Project Plans, Specifications and Construction Documents.

3. Approves a total construction budget in the amount of $2,156,930 that includes contract award amount of $1,797,442 plus a 20% contingency to cover additional construction management and inspections costs and authorizes the Public Works Director to negotiate and approve contract change orders up to the approved amount.

4. Authorizes expenditures from the FY 2023/2024 CIP Budget for Pavement and Maintenance, Water and Sewer enterprise funds under in the amount of $2,156,930.

5. Awards the construction contract to Kerex Engineering, Inc. for its base bid in the amount of $1,797,442 for construction of the Cedar Street Utility Replacement and Pavement Rehabilitation Project (Spring Street to Lincoln Avenue) conditioned upon Kerex Engineering, Inc. providing all documents in Item #7.5.

Resolution No. 2023-XXX

satisfaction of the bid award requirements.

6. Authorizes the City Manager to execute the Contract on behalf of the City of Calistoga.

7. Directs staff to issue a Notice of Award to Kerex Engineering, Inc. and otherwise administer the Project.

8. In the event Kerex Engineering, Inc. is unable or unwilling to satisfy the bid award requirements, awards the construction contract to Granite Construction Company under the same requirements, and authorizes the commensurate increase in expenditures from CIP Account #01-5402-4905-4915 to fund the Project.

PASSED, APPROVED AND ADOPTED this 6
th day of JUNE, 2023. I,

YUDIANA GALVAN, INTERIM 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:
______________________________ ______________________________ Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.5.

ATTACHMENT 2Item #7.5.

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ATTACHMENT 3Item #7.5.

Item #7.5.

Item #7.5.

Item #7.5.

Item #7.5.

ATTACHMENT 4

CITY OF CALISTOGA
Public Works Department
414 Washington Street - Calistoga, CA 94515
Ph: 707.942.2828
Fx: 707.942.9472
www.ci.calistoga.ca.us
May 16, 2023
Report on Relief of Bid for Argonaut Constructors on the Cedar Street Utility Replacement and Pavement Rehabilitation Project (Spring Street to Lincoln Avenue) Project No. 19-5535
The Project was advertised for bid on March 2, 2023. Bids were opened on April 4, 2023. On April 8, 2023 Jerry Lucchesi of Argonaut Constructors submitted the following email:

Our Bid program is set up with a location to put a percentage mark-up to handle the Overhead & Profit (OH&P) for any particular project. In this case we intended to put 16 %, to cover our standard overhead cost of 12%, as well as a modest profit due to the highly competitive construction market that we are currently experiencing. The intended OH&P of 16% will usually generate a very competitive bid proposal. On this project, our intended OH&P of 16% was inadvertently put in at 0.16%, the decimal obviously misplaced. This mathematical error has left us without our Overhead cost, let alone any modest profit. The difference in the lack of Overhead & Profit from the intended 16% to the 0.16% mistakenly inserted, is approximately $212,000. This mistake was made in filling out the bid and not due to any error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.

We are requesting relief of our bid and the return of our Bid Bond, in accordance with the Public Contract Code sections 5100 to 5107. It is with deep regret that we at Argonaut Constructors are requesting this relief.

The following documents the facts establishing the existence of each element required by Section 5103 of the Public Contract Code.

Element (a) A mistake was made.

Facts: Argonaut Contractors made an arithmetic error when submitting its bid, as described in the email quoted above.

Element (b) He or she gave the public entity written notice within five 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.

Facts: The email quoted above requesting relief from bid was received four calendar days after opening the bids. The email explained that a decimal was misplaced, causing an arithmetic error.

Element (c) The mistake made the bid materially different than he or she intended it to be.

Item #7.5.

Facts: The mistake changed the amount of Argonaut Contractor’s bid by $212,000 and reduced profit & overhead from 16% to .16%.

Element (d) 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 plans or specifications.

Facts: Argonaut Contractors made an arithmetic error filling out the bid when it misplaced a decimal while doing calculations. This error did not relate to an error in judgment, carelessness in inspecting the site of the work, or in reading the plans or specifications.

Item #7.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, Interim City Clerk
Meeting: City Council - Jun 06 2023
Subject: Consider a proclamation and displaying the Rainbow Flag for LGBTQ+ Pride Month.

DESCRIPTION:

Consider adopting a proclamation including display of the Rainbow Flag for LGBTQ+ Pride Month.

RECOMMENDATION:

Consider a proclamation including display of the Rainbow Flag for LGBTQ+ Pride Month.

BACKGROUND/SUMMARY:

In accordance with the City Council's flag policy, a request for a proclamation and display of a ceremonial non-governmental flag has been received for LGBTQ+ Pride Month in June and is therefore being offered for the City Council's consideration.

CEQA STATUS:

This item is exempt.

ATTACHMENT(S):

Policy on the Display of Non-Governmental Flags - Attachment 1 Proclamation - LGBTQ Pride Month June 2023
APPROVAL(S):

Laura Snideman, City Manager Approved - Jun 01 2023
Yudiana Galvan, Interim City Clerk Approved - Jun 01 2023 Item #7.6.

Item #7.6.

CITY OF CALISTOGA

PROCLAIMING JUNE AS
LGBTQ+ PRIDE MONTH
Whereas, one of the nation’s greatest strengths is the rich diversity of its residents; and
Whereas, lesbian, gay, bisexual, transgender and queer or questioning (LGBTQ+) people form an important part of this national tapestry and contribute to every facet of our society yet they continue to be marginalized, discriminated against and physically and emotionally attacked for who they are; and
Whereas, the City of Calistoga recognizes that its entire diverse population deserves equal rights and opposes any oppression and discrimination which diminishes the quality of life for any Calistoga resident or visitor, including those who are LGBTQ+; and
Whereas, June has become a symbolic month in which LGBTQ+ people, their families, friends and allies come together in various celebrations of pride,
Now, Therefore, The City of Calistoga, does hereby proclaim the month of June 2023 as LGBTQ+ Pride Month in the City of Calistoga and will fly the Rainbow Flag on the City’s ceremonial flagpole across from City Hall for the month of June and invites everyone to reflect on ways we all can live and work together with a commitment to mutual respect and understanding.

Item #7.6.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Nitish Sharma,
Meeting: City Council - Jun 06 2023
Subject: Book of Fee Update
DESCRIPTION:

Public hearing to consider adoption of resolution amending the book of fees for various regulatory activities, products, and services.

RECOMMENDATION:

The City Council:

1.Conduct a public hearing; and

2.Consider adoption of a resolution amending the Book of Fees for various regulatory activities, products, and services, including updated security alarm fees.

BACKGROUND/SUMMARY:

Revenue from fees and charges represents approximately $400,000, or 2%, of the City’s total operating revenue. While these should be reviewed annually as they relate to the city's costs for providing regulatory activities, products, and services, this is the first time in a number of years they have been reviewed.

To operate within industry best practices, three key principles should guide Calistoga's fee schedule:
(1) avoidance of large increases from time to time by adopting smaller annual increases; (2) establishment of fees that are reflective of the City’s actual costs and are reasonable; and (3) ensure communication of our policies and programs to stakeholders to foster understanding and feedback.

ANALYSIS:

Since the passage of Proposition 26, (1) fees cannot exceed the cost of providing services; and, (2) individual customers paying for these fees cannot be charged for more than the services they receive, meaning they cannot be overcharged to subsidize fees for other customers. Included in the analysis of each of the proposed Book of Fees changes below is an explanation of the proposed change in compliance with Proposition 26. The fees proposed to be amended are as follows:
• Citywide Service/Reimbursement fees: The City provides a combination of public services and specific services. As defined in the Government Finance Officers Association publication, Financial Policies: Design and Implementation, a “public” service is one in which a citizen cannot choose to be excluded or one which delivers a benefit to the general public. For example, routine police patrols are a public service (one which provides a public good and which an individual citizen cannot opt out of) whereas police presence at a special event, such as a concert, would be a specific service. The purpose of this fee category is to recover costs pertaining to the services that are of special benefit to easily identified individuals or groups.

Item #8.1.

These fees will not apply to public services. The reimbursement rate formula is based on the total cost of delivering the services, including direct costs such as salaries and benefits, indirect costs such as departmental administration costs, and citywide support costs such as accounting, personnel, data processing, vehicle maintenance, and insurance. All fees are hourly rates. A fee as a means of cost recovery for a special service/reimbursement is calculated as follows.

Hourly salary and benefit rate (top step), plus maintenance and operations expense as calculated of the hourly salary and benefit rate, plus indirect costs (General Support Services Costs) calculated as of the hourly salary and benefit rate.

Example:
$50.00 – hourly and benefit rate
+12.50 – Department Operating Expense Multiplier
+10.00 – Indirect Costs: General Support Services Cost Multiplier $72.50 – service fee
• Planning and Building Fees- Fees for the planning and building services were not updated for a while (1997 and 2017, respectively). The proposed fee schedule will allow the City to ensure the full-cost method is applied and the division is largely self-funded. • All Other Fees- The attachment to this report includes the fee schedules by each of the functional areas of the City which are now assembled in one place. Most of these fees have also not been reviewed in some time. Therefore, it is important to note that further review of these remains a work plan item and increases are likely to be recommended to the City Council after further review is completed.

CEQA STATUS:

The recommended action is not a project and therefore not subject to CEQA review.

FINANCIAL IMPACT:

Whenever revenue programs fall short, the burden can shift to the General Fund where general tax revenues will subsize the services and programs. Estimated revenues will be part of the mid-year budget for the Fiscal Year 2023-24.

ATTACHMENT(S):

ATTACH 1 - RESO Book of fees
ATTACH 2 - Book of Fees
APPROVAL(S):

Nitish Sharma Approved - May 30 2023
Laura Snideman, City Manager Approved - May 31 2023
Yudiana Galvan, Interim City Clerk Approved - May 31 2023 Item #8.1.

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CALISTOGA, COUNTY OF NAPA, STATE

OF CALIFORNIA, AMENDING THE BOOK OF FEES

TO ADOPT FEES FOR VARIOUS CITY

REGULATORY ACTIVITIES, PRODUCTS AND/OR

SERVICES
WHEREAS, the City of Calistoga City Council
has the authority to establish fees or service charges
which do not exceed the reasonable cost of various
regulatory activities or providing various products or
services; and
WHEREAS, the City Council has exercised this
authority by adopting resolution establishing the City
of Calistoga Book of Fees; and
WHEREAS, the City maintains separate funds
for administrative facilities, fire, police, transportation, affordable housing, cultural/recreational, traffic signal, northwest drainage, water, and wastewater; and
WHEREAS, this Book of Fees is amended
from time to time to reflect changes in the cost of
enforcing regulatory activities or providing certain
products or services; and
WHEREAS, the City Council wishes to amend
the Book of Fees to adopt fees for various City
services and permits which more closely relate to
actual costs.

NOW, THEREFORE, BE IT RESOLVED BY THE

CITY COUNCIL OF THE CITY OF CALISTOGA
DOES HEREBY find the following:

Section 1:

A. The various modifications to the fee and fine
schedules attached hereto and incorporated by
reference herein are hereby approved and
adopted into the City of Calistoga Book of
Fees.

Item #8.1.

B. The City Council finds that as required by
Government Code 66016, it has held at least
one public hearing at which oral or written
presentations could be made, as a part of a
regularly scheduled meeting, and that notice of
the time and place of the meeting, including a
general explanation of the matter to be
considered, and a statement that the data of
this matter is available for review and a first
class mailing was made to anyone filing a
written request at least fourteen (14) days in
advance of the public hearing.

C. The City Council hereby finds, based on the
information and documents prepared for and
presented to the Council to support this action,
that the rates, fees, charges and costs
approved hereby are for the purpose of and
necessary for (a) meeting operating expenses,
including employee wage rates and fringe
benefits, (b) purchasing or leasing supplies,
equipment, or materials, (c) meeting financial
reserve needs and requirements, and (d)
obtaining funds for capital projects necessary
to maintain service within existing service
areas and City boundaries.

D. The City Council finds that the fees specified
by this Resolution do not exceed the cost of
providing the product or service or the
regulation for which the fee is levied.

E. Any fees or charges that have been previously
adopted by resolution of the City Council and
which are not being modified in the Book of
Fees attached hereto are incorporated for ease
of reference only and without modifying or
amending such fees or charges or the
underlying approvals in any manner.

Section 2: Effective Date: This resolution shall take
effect sixty (60) days after adoption.

Section 3: Severability. If any section, subsection,
sentence, clause, phase, or portion of this Resolution
is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining Item #8.1.

portions of this Resolution. The City Council hereby
declares that it would have passed this Resolution
and each section, subsection, sentence, clause, or
phase thereof irrespective of the fact that any one of
or more sections, subsections, clauses, or phases be
declared unconstitutional on their face or as applied.

PASSED, APPROVED AND
ADOPTED this 6th day of June 2023. I, YUDIANA

GALVAN, INTERIM 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: APPROVE
D:
________________________
_____________________
Yudiana Galvan, Interim City Clerk Donald
Williams, Mayor
Item #8.1.

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99 CETYOF CALISTOGACALIFORNIA

BOOK OF FEES
Admin strative Services Qepartment

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DATE ACTIQN
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Document Recording with County Clerk Recorders Office
Staff Time based on the C Fee Reimbursement Schedule
Mileage Costs (To and From) per IRS rate established
(https://www.irs.gov/newsroom/irs-issues-standard-«mileage-rates—for-2023- business—use—increases-3—cents—per—mile)
Video/Audio Recording(s) of City Council or Planning Commission Meetings (placed on CD, DVD,flash drive, etc. as applicable)
Printed documents (i.e. general plan. budget, zoning ord., etc.) Video Recordings of Meetings
FPPC Document Copying (per page — State law) (per page) Nota Public Fee (per document - State docume
Returned Check Service Charge Actual Cost from the City's Financial Institution
Administrative Fee
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Community Facility
— Charge to returned checks to collect payment
the
ct ormation fees
en n addition to fee imposed
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‘cardConvenienceFees’://he?éreditieardi coniveniencefee shall be 3% of the transaction amount. This fee
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Effective Date
$0.20
$2.10
$8.40
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Actual costs
Actual costs
Actual Costs
Actual Costs
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Item #8.1.

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CITY OF CALSSTOGACALIFORNIA

BOOK OF FEES

BUELDINGSE ICE FEES
asSchedule
B
D
DDA are used for process
Staffs mates the number u of staff time th wi
catio k. su anl
Descri n Auth Effective Date
BUlLi.NGSERVICE
The purpose ofthisfee isto coverall costsincurredby the City for processing, reviewing and inspecting permits issued or reviewedby the Building Division.These costs include, but are not limitedto, attorney, engineering, environmental, planning, and financialcosts, Moreover, these costs may result from the work of employees or independent contractors and consultants to the City.

City staff hourly fees cover costs for direct labor, maintenance and operation, and overhead. Rates are determined from time to time by the City's work order system. Rates as of the date of the current authority are included in the Citywide Fee Reimbursement schedule.

Pass—through fees cover costs for specific out-ofepocket costs incurred by the City on behalf of an applicant. The initialdeposit shall be the amount shown on the Planning Commission fee schedule or as set forth below. This deposit shall be supplemented by the applicant as needed to maintain a positive fund balance. No work willbe undertaken on a project application with a negative fund balance. Any funds advanced by an applicant which are not expended willbe refunded after fine! project approval.

A technology fee shall be charged as an additionalpermit fee for all planning applications involving Zoning Administrator review.The amount of the fee shall be 8% ofthe fee/deposit cha n d in e ct s. The e s ed for tltlementdoc t
sca , ‘s E o a Inform on progr s, along with
rati and maintenance costs.

The City shall pass through all the fees related to outside contractors, ccnsu attorneys etc.to the project applicants, The City shall add an administrativefee of t the invoices from the outside vendors to recoverthe costs related to managing consu processing accounts payable functions and providing general oversight support vendors working on development projects.

C ANNUALESCALATOR AND ADJUSTMENTS
The fees will update each year based on th
Urban Consumers (CPl—U)for 12 months on
fees and the new revenues will be included
providing services. The fees shall also be .2
approved labor agreements, salary adjustm
C C Cl
Developer Deposit Accounts;
“Developer deposit accounts ( ) to recove costs m
g more— complicated applications. sti of ho rs at
be required to process the appli ns by tas ch as meetings with the applicant o l their re s) revi t e a ication for com ness, coordinati the revie w
Administeredby Finance Department Page 1 of 2
Item #8.1.

preparin nviron blic noti
ualion

CITYOF CALISTOGACALIFORNIA

BOOK OF FEES
of other agencies; g e mental documentation, pu ces, reports. resolutions, and ordinances; attending public meetings and following up on application approvals. This number of estimated hours is then multipliedby the hourly staff cost and becomes the deposit required to accompany an entitlement application. $l to $500
$50! to $2.000 $ I9.67 per‘ $I00*
$200| to $25,000 $549.00 $22.00 per $|,000*
$25,00I to $50,000 $2 I.96 per $ I,000*
$50,00l to $ I00,000 $ I,(:04.00 $5.06 Per $ I,000*
$ I00,00! to $500,000 $ I,857.00 $|4.77 per $ I,000*
$50000! to $ I,000.000 $7,763.00 $6.24 per $ I,000*
$I,000,00| and over $I0,885.00 $3.I5 per $I,0Q0*
HISTORY:

AUTHORITY DATE ACTION
November 2, 2017 Approved
Administeredby Finance Department
Val Current Fee
$254.00
$254.00
$ I.055.00
Proposed
New Fee
Pays, 2 of:

Item #8.1.

Description" Authority

CITYOF CALISTOGA CALIFORNIA

BOOK OF FEES
EffectiveDate
Fee Schedule

A COST RECOVERYFEES
The City provides a combination of public services and specific services. As defined in the Government Finance Officers Association publication, Financial Policies: Design and Implementation, a “public”service is one inwhich a citizen cannot choose to be excluded or one which delivers a benefit to the general public. For example, routine police patrols are a public service (one which provides a public good and which an individualcitizen cannot opt out of) whereas police presence at a special event, such as a concert, would be a specific service. The purpose of this fee category is to recover costs pertaining to the services that are of special benefit to easily identified individuals or groups. These fees willnot apply to public services. The reimbursement rate formula is based on the total cost of delivering the services, including direct costs such as salaries and benefits, indirect costs such as departmental administration costs, and citywide support costs such as accounting, personnel, data processing, vehicle maintenance, and insurance. Allfees are hourly rates.

A fee as a means of cost recovery for a special service/reimbursement is calculated as follows.

Hourly salary and bene?t rate (top step), plus maintenance and operations exense as calculated ofthe hourly salary and benefitrate.plus indirectcosts (General Support Services Costs) calculated as of . the hourly salary and benefit rate.

Example: $50.00 ~—- hourly and benefit rate
+1250 a Department Operating Expense Multiplier
+1000 - IndirectCosts: General Support Services Cost Multiplier $72.50 ~« service fee
B WORKORDER BlLLlNG
The purpose of these fees is to recover costs related to providing complete engineering, development services, economic development and other community development and public works services related to consultation, studies, designs, investigations, planning, economic development activities, and capital improvement projects. These fees are also designed to allow the City to recover costs related to special events and other nonecity sponsored functions.

C ANNUALESCALATORANDADJUSTMENTS
The fees will update each year based on the change in the Consumer Price index for Al Urban Consumers (CPl—U)for 12 months ending on January 31 of each year. The updatedl fees and the new revenues will be included in the proposed budget to offset the costs o providing services. The fees shall also be adjusted if there are any other changes to thef approved labor agreements, salary adjustments and other compensation approved by the City Council.

Administeredby Finance ii?epartment

CITYWIDESERVICEIREIMBURSEMENTFEES
ge:1@f2
Item #8.1.