Agenda packet — Lakeport City Council, July 2, 2024

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR

AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, July 02, 2024 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of July 2, 2024 Page 2
AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, July 2, 2024, 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

Move to accept agenda as posted or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of June 18, 2024.

C. Emergency Renewal: Approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

D. Notice of Completion: Adopt the resolution accepting construction of the Carnegie Library Improvement Project, by Skiles and Associates, Inc. and authorize the filing of the Notice of Completion.

E. Master Salary Schedule Update: Approve a Resolution rescinding Resolution 2925 (2023) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

F. 3rd Quarter Financial Update: Review and file the 3rd Quarter Financial Update.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonight’s agenda. Per Government Code §54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

B. Presentation: Presentation by the Clear Lake Environmental Resource Center.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. Assistant City Manager
City Council Agenda of July 2, 2024 Page 3

1. Delinquent Utilities: adopt the resolution to cause a written report to be prepared and filed with the City Clerk regarding delinquent water, sewer and solid waste user charges, fees, and penalties for the period of June 1, 2023, through May 31, 2024 and setting a public hearing on the written report prior to collection on the tax roll.

B. Police Chief

1. Cannabis Grant: Adopt a resolution formally authorizing the receipt by the Lakeport Police Department of grant funding from the State of California Department of the California Highway Patrol.

C. Utilities Director

1. Contract Award: Accept the bid from Summit Signal, Inc. dba Danny Mihelcic Construction Services for the permanent installation of three (3) generators and award a contract in the amount of $101,647.88.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s ability to post the documents before the meeting.

The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
City Council Minutes of June 18, 2024 Page 2

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, June 18, 2024, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Froio called the meeting to order at 6:00 p.m., with Mayor Froio, Council Members Costa, Disney, Mattina, and Parlet present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Andrew Britton.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

A motion was made by Council Member Parlet, seconded by Council Member Disney, and unanimously carried by voice vote 5-0-0-0 to accept agenda as posted.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of June 4, 2024.

C. Application 2024-024: Approve application 2024-026, with staff recommendations, for the Golden Gate Lotus Club Car Show.

D. Notice of Completion: Adopt the resolution accepting construction of GSL Pavement Rehabilitation Project, by Wylatti Resource Management, Inc. and authorize the filing of the Notice of Completion.

E. Warrants: Approve the warrant register of June 6, 2024.

F. Contract Amendment: Approve and authorize the City Manager to execute Amendment 3 to the Professional Services Agreement with Dokken Engineering for the Hartley Street Culvert Repair Project in the amount of $21,635.74.

Vote on Consent Agenda: Councilmember Costa pulled item 4.D for separate discussion and consideration.

A motion was made by Council Member Parlet, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to approve the Consent Agenda, items A-F, except for item D, the Notice of Completion.

Danny Wind referenced correspondence provided to the Council, requesting different pedestrian crossing measures.

Public Works Director Ladd addressed this pedestrian crossing enhancement and others that have been given attention in recent history, as well as plans for more improvements when funding becomes available.

Christina Price spoke in favor of small changes that can enhance public safety.

A motion was made by Council Member Disney, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to adopt the resolution accepting City Council Minutes of June 18, 2024 Page 3
construction of GSL Pavement Rehabilitation Project, by Wylatti Resource Management, Inc. and authorize the filing of the Notice of Completion.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Mark Lipps spoke about a new group called 100 Bucks Strong, who will be supporting local non-profits and fund-raising accordingly.

B. Proclamation: Mayor Froio presented a proclamation honoring Compliance Officer Andrew Britton on his retirement after 35 years of service the City of Lakeport.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. Public Works Director

1. Curfew Bell: The staff report was presented by Public Works Director Ladd.

Mark Lipps of the Lakeport Rotary Club spoke about the project.

Elizabeth Larson asked questions about a ribbon cutting, the cost of the project, and how others can make cash contributions.

A motion was made by Council Member Disney, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to approve the placement of the historic Lakeport Curfew/Hooligan Bell in Xabatin Park, as outlined in the staff report. Additionally, move to acknowledge and thank the Lakeport Rotary Club for their generous contribution.

2. Adoption of the Project
Study Report-Project
Development Support
(PSR-PDS) for the SR-29
and Lakeport Interchange
Improvement Project:

The staff report was presented by Public Works Director Ladd.

Sean Charles of WMH Corporation provided a presentation of the project study report.

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to adopt a resolution adopting the Project Study Report-Project Development Support (PSR-PDS) for the SR-29 and Lakeport Interchange Improvement Project.

B. Assistant City Manager

1. Solid Waste Study: The staff report was presented by Assistant City Manager Walker.

Garth Schultz, R-3 Consulting Group, Inc., gave a brief overview of the Solid Waste Franchise Fee Study and the process needed to consider a rate increase.

Lance Butcher, Lakeport Disposal, thanked the Council and was available for questions.

A motion was made by Council Member Costa, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to adopt a resolution setting a public hearing on September 3, 2024, for adjustments to Solid Waste Utility Service Rates and direct staff to issue Proposition 218 Notice.

C. Utilities Director

1. Utilities Operation
Report:

Utilities Director Harris provided an overview of the current projects associated with water and sewer infrastructure improvements.

City Council Minutes of June 18, 2024 Page 4
D. Police Chief

1. Police Statistics &
Training Summary Report
for 2023, and 2023 Use of
Force Annual Report:

Captain Stoebe presented the Police Statistics & Training Summary Report for 2023, and 2023 Use of Force Annual Report.

A motion was made by Council Member Parlet, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to receive and file the Police Statistics & Use of Force Reports for year 2023, and the Police Training Report for fiscal year 2023-2024.

E. Assistant City Manager

1. FY 2024-2025 Budget: The staff report was presented by Assistant City Manager Walker.

A motion was made by Council Member Parlet, seconded by Council Member Mattina, and unanimously carried by voice vote 5-0-0-0 to approve the operating and capital expenditure budget for the 2024-25 fiscal year and adopt the associated resolution.

2. Appropriations Limit: The staff report was presented by Assistant City Manager Walker.

A motion was made by Council Member Disney, seconded by Council Member Costa, and unanimously carried by voice vote 5-0-0-0 to approve the annual appropriations limit for the City of Lakeport and adopt the associated resolution.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

City Attorney Ruderman reported that the CA Supreme Court decision regarding the Business Round Table initiative is expected on Thursday, and he will follow up with the Council once the decision has been released.

City Manager Ingram reported that the Carnegie Library improvements are nearly complete. He also clarified for the public that the Courthouse project is completely funded by the State Judicial Council and not by city or county funds.

Police Captain Stoebe had no report.

Public Works Director Ladd reported that Public Works staff are completing some much-needed road improvements in the Del Lago area.

Community Development Director Hejnowicz had no report.

Administrative Services Director Buendia had no report.

Assistant City Manager Walker had no report.

Utilities Director Harris had no report.

Council Member Parlet noted that he and his father started their business 54 years ago.

Council Member Costa had no report.

Council Member Disney thanked City staff for their response to the recent fire. He also reminded the public that the Lakeport Fire Protection District will be hosting a design workshop for the fire station on June 25th.

Council Member Mattina advised that the Cinema by the Shore event will take place at Xabatin Community Park on July 2nd.

Mayor Froio reported that he had taken the tour of the Geysers with Council Member Costa last Saturday.

ADJOURNMENT: Mayor Froio adjourned the meeting at 8:14 pm.

City Council Minutes of June 18, 2024 Page 5
_______________________________________
Michael Froio, Mayor
Attest:
____________________________________
Kelly Buendia, City Clerk
Meeting Date: 07/02/2024 Page 1 Agenda Item #IV.C.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Local Emergency Proclamation MEETING DATE: 07/02/2024 SUBMITTED BY: Kevin Ingram, City Manager
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review the need to continue the proclamation declaring a Local State of Emergency due to flooding and extreme weather and provide direction.

BACKGROUND/DISCUSSION:

On February 7, 2024, the Director of Emergency Services for the City of Lakeport declared a local State of Emergency because of severe weather conditions including heavy rain, and extreme wind. In accordance with the Emergency Services Act Section 8630(b), the City Council ratified the declared emergency on February 13, 2024, under Resolution 2940 (2024). Under Lakeport Municipal Code section

2.28.150, the City Council shall review the declaration at least every sixty days or as prescribed by law until the need for continuing the local emergency has ended and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. The City Council subsequently continued the emergency declaration on April 2, 2024, and May 21, 2024.

Since a need still exists for the declaration, Council is asked to review and continue the declaration.

Should the need continue, staff will return this item within the next 60 days for City Council review.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind; or proclaim the termination of the Local State of Emergency
FISCAL IMPACT:

None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

Meeting Date: 07/02/2024 Page 2 Agenda Item #IV.C.

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS: Move to approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

Attachments: 1. Resolution No. 2940 (2024)

Meeting Date: 07/02/2024 Page 1 Agenda Item # IV.D.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Notice of Completion for the Carnegie Library Improvements Bid #22-07
MEETING DATE: 07/02/2024
SUBMITTED BY: Ron Ladd, Public Works Director
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to adopt a resolution accepting the Carnegie Library Improvement Project, Bid NO. 22-07, as complete and authorize the City Manager to file a Notice of Completion.

BACKGROUND/DISCUSSION:

On December 5, 2023, the City Council awarded a construction contract to Skiles and Associates, Inc. for the Carnegie Library Improvements in the amount of $128,538.59.

The project consisted of replacing ceiling tiles, insulation and drywall where needed, painting all walls including stairway, stripping and refinishing floor, installing new lights, and new blinds.

After work began, a leak was discovered in the roof. A change order in the amount of $20,308.00 was issued for roof repair and installation of new gutters.

Removing the old carpet exposed additional floor boards that had deteriorated and needed replaced, resulting in an additional cost of $4,325.95.

Staff inspected the project on a final walk through June 4, 2024 and determined that it has been completed in compliance with the project plans and specifications. The final total costs was $153,172.54.

OPTIONS:

No other options recommended.

FISCAL IMPACT:

None $153,172.54 Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

Meeting Date: 07/02/2024 Page 2 Agenda Item # IV.D.

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☒ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Move to adopt the resolution accepting construction of the Carnegie Library Improvement Project, by Skiles and Associates, Inc. and authorize the filing of the Notice of Completion.

Attachments: 1. Resolution

2. Notice of Completion
RESOLUTION NO. XXX___ ( 2024 )

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ACCEPTING CONSTRUCTION OF THE GSL PAVEMENT REHABILITATION PROJECT, BID NO. 23-02, AND

AUTHORIZINGTHE FILING OF THE NOTICE OF COMPLETION
WHEREAS, the final inspection of the Carnegie Library Improvements Project, Bid No. 22-07, was made by the City of Lakeport’s Public Works Department; and
WHEREAS, it was determined that the work for this project has been completed in substantial compliance with the project plans and specifications.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKEPORT AS FOLLOWS:

1. The City Council hereby accepts the work as completed on the Carnegie Library Improvement project, Bid No.22-07.

2. The City Manager is authorized and directed to execute the Notice of Completion to be filed with the County of Lake.

The foregoing Resolution was adopted at a regular meeting of the City Council of the City of Lakeport held on the on the 2nd day of July, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
_______________________________
Michael Froio, Mayor
City of Lakeport
ATTEST:
_________________________________
Hilary Britton , Deputy City Clerk
City of Lakeport
4D.2 Notice of Completion-Carnegie Library

RECORDING REQUESTED BY
City of lakeport

AND WHEN RECORDED MAIL THIS DEED,
UNLESS OTHERWISE SHOWN BELOW.

MAIL TAX STATEMENTS TO:

City of Lakeport Attn: Olivia Grupp
225 Park Street
Lakeport, CA 95453
Complimentary recording request pursuant to
government code § 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE is hereby given that:

1. The Undersigned is owner of the interest stated below in the property hereinafter described:

2. The NAME (including that of the undersigned), ADDRESS and NATURE OF TITLE of every person owning any interest in such property is as follows:

City of Lakeport 225 Park St, Lakeport, CA 95453 Fee Simple (NAME OF UNDERSIGNED)

3. The names and addresses of the transferors of the undersigned owner: (to be shown if the undersigned is a successor in interest of the owner who caused the improvement to be constructed, etc.)

4. A work of improvement on the property hereinafter described was COMPLETED ON 06/06/2024

5. The name of the CONTRACTOR for such work of improvement was Skiles & Associates, Inc. (If no Contractor, insert “NONE”

6. The property on which said work of improvement was completed is in the City of Lakeport , County of Lake, State of California, and is described as follows:

Renovations of the Carnegie Library including repair of ceiling, walls and floor.

Install new lights, fan and window coverings. Repair roof and install new gutters.

EXEMPT FROM NOTARY ACKNOWLEDGEMENT REQUIREMENTS PER GOVERNMENT CODE §27287 & CIVIL CODE §9208

7. The street address of said property is: 200 Park Street, Lakeport, CA Dated: 7/2/2024
Signature of
Owner or Owners }
Kevin Ingram, City Manager
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in (“PRESIDENT, PARTNER, MANAGER, AGENT, ETC.”
the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.

Date and Place (Signature of person signing on behalf of owner)) Meeting Date: 07/02/2024 Page 1 Agenda Item #IV.E.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Update to Master Salary Schedule MEETING DATE: 07/02/2024 SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to approve updates to the Master Salary Schedule.

BACKGROUND/DISCUSSION:

CalPERS, pursuant to its interpretation of California Code of Regulations, title 2, section 570.5, recommends all CalPERS employers maintain their compensation levels in a publicly available pay schedule, approved and adopted by the governing body.

The City Council approved a Memorandum of Understanding with the Lakeport Police Officers’ Association in Resolution 2890 (2022), which included changes to salary effective the first pay period after 7/1/2024.

In compliance with California Code of Regulations, title 2, section 570.5, the revised schedule will be made publicly available on the City’s website.

OPTIONS:

The Council could deny this request and provide other direction to staff.

FISCAL IMPACT:

There is no fiscal impact in approving classifications or salary schedules. The Council approves staffing costs through the budget process.

Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase:

Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Meeting Date: 07/02/2024 Page 2 Agenda Item #IV.E.

Move to approve a Resolution rescinding Resolution 2925 (2023) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

Attachments: 1. Resolution Rescinding Resolution 2925 (2023) and Revising the Master Pay Schedule in Conformance with California Code of Regulations Title 2, Section 570.5

2. Master Salary Schedule

Page 1 ends

191565.1
RESOLUTION NO. XXXX (2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT RESCINDING RESOLUTION 2925 (2023) AND REVISING THE

MASTER PAY SCHEDULE IN CONFORMANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, the City Council approved a Memorandum of Understanding with the Lakeport Police Officers’ Association in Resolution 2890 (2022), which included changes to salary effective the first pay period after 7/1/2024; and WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with title 2 of the California Code of Regulations, section 570.5, and meeting all of the following requirements thereof:

1. Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws;

2. Identifies the position title for every employee position;

3. Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;

4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;

5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;

6. Indicates an effective date and date of any revisions;

7. Is retained by the employer and available for public inspection for not less than five years; and

8. Does not reference another document in lieu of disclosing the pay rate.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1.

Resolution 2925 (2023) is rescinded.

SECTION 2.

The City Council affirms the previously approved separate compensation levels for represented Bargaining Unit positions and the Compensation Plans for the unrepresented positions through, by and with the adoption of the single Master Pay Schedule attached hereto as Exhibit A.

SECTION 3. The City Council affirms the single Master Pay Schedule attached hereto meets all of the requirements of title 2 of the California Code of Regulations, section 570.5, including but

Page 2 ends

191565.1
not limited to directing staff to post it at the City, make it immediately available for public review during normal business hours and/or post on the City’s internet website and be retained by the City and available for public inspection for not less than five years.

DULY AND REGULARLY ADOPTED on this 2nd day of July, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
MICHAEL FROIO, Mayor
ATTEST:
______________________________
KELLY BUENDIA, City Clerk
Job Classification Class Range Unit A B C D E F
Office Specialist GU108 LEA 2,678 2,812 2,953 3,101 3,256 3,419 Parks Maintenance Worker I GU124 LEA 2,900 3,045 3,197 3,357 3,525 3,701 Equipment Mechanic I GU131 LEA 3,005 3,155 3,313 3,479 3,653 3,836 Maintenance Worker I GU138 LEA 3,110 3,266 3,429 3,600 3,780 3,969 Parks Maintenance Worker II GU139 LEA 3,126 3,282 3,446 3,618 3,799 3,989 Police Records & Evidence Clerk GU139 LEA 3,126 3,282 3,446 3,618 3,799 3,989 Administrative Specialist I GU140 LEA 3,142 3,299 3,464 3,637 3,819 4,010 Financial Services Specialist I GU140 LEA 3,142 3,299 3,464 3,637 3,819 4,010 Deputy City Clerk I GU156 LEA 3,404 3,574 3,753 3,941 4,138 4,345 Utility Operator I GU162 LEA 3,506 3,681 3,865 4,058 4,261 4,474 Financial Services Specialist II GU165 LEA 3,560 3,738 3,925 4,121 4,327 4,543 Maintenance Worker II GU165 LEA 3,560 3,738 3,925 4,121 4,327 4,543 Engineering Technician I GU172 LEA 3,686 3,870 4,064 4,267 4,480 4,704 * Administrative Specialist II GU174 LEA 3,723 3,909 4,104 4,309 4,524 4,750 Equipment Mechanic II GU175 LEA 3,742 3,929 4,125 4,331 4,548 4,775 Assistant Planner GU181 LEA 3,856 4,049 4,251 4,464 4,687 4,921 Deputy City Clerk II GU181 LEA 3,856 4,049 4,251 4,464 4,687 4,921 Maintenance Worker III GU181 LEA 3,856 4,049 4,251 4,464 4,687 4,921 Parks Leadworker GU181 LEA 3,856 4,049 4,251 4,464 4,687 4,921 Permit Technician GU181 LEA 3,856 4,049 4,251 4,464 4,687 4,921 Utility Operator/MWII GU181 LEA 3,856 4,049 4,251 4,464 4,687 4,921 Utility Operator II GU196 LEA 4,155 4,363 4,581 4,810 5,051 5,304 Engineering Technician II GU197 LEA 4,176 4,385 4,604 4,834 5,076 5,330 Parks Maintenance Foreman GU197 LEA 4,176 4,385 4,604 4,834 5,076 5,330 GIS/Asset Management Technician GU199 LEA 4,218 4,429 4,650 4,883 5,127 5,383 * Administrative Analyst GU206 LEA 4,368 4,586 4,815 5,056 5,309 5,574 Housing Specialist GU206 LEA 4,368 4,586 4,815 5,056 5,309 5,574 Building Inspector GU213 LEA 4,523 4,749 4,986 5,235 5,497 5,772 Financial Services Specialist III GU213 LEA 4,523 4,749 4,986 5,235 5,497 5,772 Police Records Supervisor GU219 LEA 4,661 4,894 5,139 5,396 5,666 5,949 Utility Operator III GU221 LEA 4,707 4,942 5,189 5,448 5,720 6,006 Wastewater Systems Supervisor I GU223 LEA 4,755 4,993 5,243 5,505 5,780 6,069 Water Operations Supervisor I GU223 LEA 4,755 4,993 5,243 5,505 5,780 6,069 Associate Planner GU233 LEA 4,998 5,248 5,510 5,786 6,075 6,379 * Deputy City Clerk III ‐ Records Supervisor GU233 LEA 4,998 5,248 5,510 5,786 6,075 6,379 Electrical Mechanical Technician (EMT) GU233 LEA 4,998 5,248 5,510 5,786 6,075 6,379 Projects Officer I GU233 LEA 4,998 5,248 5,510 5,786 6,075 6,379 Police Officer I PO177 POA 5,020 5,271 5,535 5,812 6,103 6,408 Public Works Foreman GU240 LEA 5,175 5,434 5,706 5,991 6,291 6,606 Wastewater Systems Supervisor II GU244 LEA 5,279 5,543 5,820 6,111 6,417 6,738 Water Operations Supervisor II GU244 LEA 5,279 5,543 5,820 6,111 6,417 6,738 Steps

CITY OF LAKEPORT

MASTER PAY SCHEDULE

MONTHLY RATES WITH STEPS
Effective First Pay Period after 7/1/24
Police Officer II PO197 POA 5,546 5,823 6,114 6,420 6,741 7,078 Compliance Coordinator I MM102 UM 5,977 6,276 6,590 6,920 7,266 n‐a Government Accountant MM102 UM 5,977 6,276 6,590 6,920 7,266 n‐a Planning Services Manager MM102 UM 5,977 6,276 6,590 6,920 7,266 n‐a Police Officer III PO217 POA 6,127 6,433 6,755 7,093 7,448 7,820 Police Detective PO237 POA 6,771 7,110 7,466 7,839 8,231 8,643 Compliance Officer II MM122 UM 6,604 6,934 7,281 7,645 8,027 n‐a Public Works Superintendent I MM122 UM 6,604 6,934 7,281 7,645 8,027 n‐a Utilities Superintendent I MM122 UM 6,604 6,934 7,281 7,645 8,027 n‐a Building Official MM123 UM 6,637 6,969 7,317 7,683 8,067 n‐a Police Lieutenant MM151 UM 7,632 8,014 8,415 8,836 9,278 n‐a Police Sergeant PO237 POA 6,771 7,110 7,466 7,839 8,231 8,643 Public Works Superintendent II MM137 UM 7,117 7,473 7,847 8,239 8,651 n‐a Utilities Superintendent II MM142 UM 7,297 7,662 8,045 8,447 8,869 n‐a Public Works Director MM164 UM 8,144 8,551 8,979 9,428 9,899 n‐a Utilities Director MM164 UM 8,144 8,551 8,979 9,428 9,899 n‐a Police Captain MM170 UM 8,392 8,812 9,253 9,716 10,202 n‐a Administrative Services Dir./City Clerk MM173 UM 8,518 8,944 9,391 9,861 10,354 n‐a Finance Director MM173 UM 8,518 8,944 9,391 9,861 10,354 n‐a Community Development Director MM177 UM 8,690 9,125 9,581 10,060 10,563 n‐a Assistant City Manager MM190 UM 9,272 9,736 10,223 10,734 11,271 n‐a Police Chief MM202 UM 9,844 10,336 10,853 11,396 11,966 n‐a City Engineer/Public Works Director MM229 UM 11,262 11,825 12,416 13,037 13,689 n‐a City Manager n‐a contract 12,441 n‐an‐an‐an‐a n‐a
HOURLY AT‐WILL EMPLOYEES
Police Officer Trainee n‐an‐a
LEA = Lakeport Employees' Association, salaries effective 09/18/2021 ‐ Resolution No. 2830 (2021) UM = Unrepresented Management, salaries effective 9/4/2021 ‐ Resolution No. 2825 (2021) POA = Lakeport Police Officers' Association, salaries effective 9/18/2022 ‐ Resolution No. 2890 (2022) City Manager contract amended effective 12/06/2022, Resolution No. 2897 (2022) *Classifications may include Confidential employees ‐ Resolution 2657 (2018) $19.50 ‐ $24.89 per hour
Meeting Date: 07/02/2024 Page 1 Agenda Item # IV.F.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: 3rd Quarter Update, FY 2023/24 MEETING DATE: 07/02/2024 SUBMITTED BY: Nicholas Walker, ACM/ Finance Director
PURPOSE OF REPORT: ☒Information only ☐ Discussion ☐Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review and file the 3rd Quarter Financial Update.

BACKGROUND/DISCUSSION:

Financial Update
Attachment A to this staff report includes summarized unaudited financial statements for the general fund, water operating and maintenance fund, and the sewer operating and maintenance fund, which include revenue and expense activity through March 31, 2024. The format in which the statements are prepared is similar to the annual budget. The schedule includes amounts available for discretionary spending for each fund presented in the 2022-23 audited financial statements, in accordance with Generally Accepted Accounting Principles (GAAP), as well as the amounts of anticipated ending discretionary spending expected to be available at the 2022-23 year-end. In the enterprise funds this term “working capital” is defined as current assets minus current liabilities.

For budgeting purposes, the modified accrual method is used and this is common practice among governmental agencies. Working capital is the enterprise funds equivalent of the general funds amounts available for discretionary spending.

In accordance with GAAP, financial statements in the Annual Comprehensive Financial Report (ACFR) are presented in two distinctly different ways, (1) the governmental fund financial statements and (2) government wide and enterprise fund financial statements. Governmental fund financial statements present balances using a current financial resources measurement focus which emphasizes the current available spendable resources available for appropriation. This method of accounting is known as modified accrual. Government wide and enterprise fund financial statements are presented on a flow of economic resources measurement focus which reports all assets and liabilities whether current or long term. This method is referred to as accrual accounting and is similar to the type of presentation that is used in private industry.

Meeting Date: 07/02/2024 Page 2 Agenda Item # IV.F.

Investments
According to the idle funds investment policy for the City of Lakeport, the City of Lakeport Municipal Sewer District (CLMSD) and Municipal Financing Agency of Lakeport (MFAL) quarterly updates are to be provided to the City Council for review.

This schedule provides detailed information on each individual CD as of March 31, 2024:

This schedule provides balances and concentration percentages of the City-wide cash and investment balances as of March 31, 2024:

OPTIONS:

1. Review and file the 3rd Quarter Financial Update.

2. Do not review and file but provide direction to staff.

FISCAL IMPACT:
☒ None ☐ $ Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments:

General Fund Settlement Original Estimated Current Accrued Interest CD Title Yield FDIC # Date Amount Market Value Through 3/31/24 Total Fidelity Govt MMKT Capital 4.44% 51,548.14 51,548.14
UBS Bank Salt Lake 3.05% 90348J3H1 11/18/2024 2 Years 200,000.00 197,166.00 230.14 197,396.14 Capital One National 3.18% 14042TGE1 5/19/2025 3 Years 200,000.00 195,700.00 2,293.15 197,993.15 State Bank India 1.00% 856283P26 7/10/2025 5 Years 200,000.00 189,968.00 426.85 190,394.85 BNY Mellon 4.70% 05584CKE5 11/15/2027 4 Years 244,000.00 245,978.84 4,335.85 250,314.69 Discover Bank 4.89% 254673Z74 11/15/2027 5 Years 243,000.00 250,394.49 4,593.70 254,988.19 Total 1,087,000.00 1,130,755.47 11,879.69 1,142,635.16
Wastewater Settlement Original Estimated Current Accrued Interest CD Title Yield FDIC # Date Amount Market Value Through 3/31/24 Total Fidelity Govt MMKT Capital 4.44% 66,925.24 66,925.24
Northern Bank 4.76% 66476QDC9 8/15/2024 1 Years 244,000.00 243,480.28 4,381.97 247,862.25 Wells Fargo Bank 2.01% 949763R73 1/17/2025 5 Years 200,000.00 194,924.00 160.27 195,084.27 American Express National 3.18% 02589ACS9 5/19/2025 3 Years 200,000.00 195,700.00 2,293.15 197,993.15 Synchrony Bank 3.18% 87165HP79 5/20/2025 3 Years 200,000.00 195,674.00 2,259.18 197,933.18 MBMW BK North America 4.46% 05580AZ23 4/21/2027 4 Years 244,000.00 242,445.72 4,794.43 247,240.15 Total 1,088,000.00 1,139,149.24 13,889.00 1,153,038.24
Term
Term
Original
Original
Investment Type Fair Value Concentration
Local Agency Investment Fund (LAIF) $ 2,821,182 13.30%
Certificates of Deposit 2,295,673 10.83%
PARS Mutual Funds 1,060,235 5.00%
Demand Deposits (checking) 15,027,233 70.87%
Total Funds 21,204,323$ 100.00%
Meeting Date: 07/02/2024 Page 3 Agenda Item # IV.F.

NONE.
☒ Attachments: 1. Summarized unaudited financial statements for the general fund, water operating and maintenance fund and the sewer operating and maintenance fund.

Fund: 110
Name: General Fund
2023-24 2023-24
Adjusted Budget As of March 31,
2024 Remaining $ % Collected/
Used
Taxes $ 3,814,707 5,507,335 $ 1,692,628 $ 69%
Franchises 112,654 326,000 213,346 35%
Licenses 225 200 (25) 113%
Permits 77,435 107,500 30,065 72%
Fines, forfeitures, and penalties 11,000 5,958 5,042 54% Use of money and property 87,000 6,501 80,499 7%
Income from other agencies 244,000 103,722 140,278 43%
Federal funding 3,961 1,000 (2,961) 396%
State funding 137,489 102,500 (34,989) 134%
Charges for service 52,204 80,000 27,796 65%
Other revenue 94,623 34,300 (60,323) 276%
Total revenue 6,500,835 4,409,479 2,091,356 68%
2,379,640 3,967,068 1,587,428 60%
1,043,534 2,319,053 1,275,519 45%
296,127 610,038 313,911 49%
Total expenditures 6,896,159 3,719,301 3,176,858 54%
Use of fund balance - -
- 35,000
- (457,810)
Net sources (uses) (422,810) -
Resources - Use
Surplus (deficit) $ 690,178 (818,134) $
Beginning General Fund Balance 6,732,550 6,523,962
Nonspendable (289,481) (289,481)
Restricted (24,462) (24,462)
Operating Reserve (1,101,595) (926,118)
Reserve for Economic Uncertainties (1,468,794) (1,234,824) Disaster Reserve (734,397) (617,412)
VERF (147,735) (117,735)
RIMF (214,253) (114,492)
PORF (986,866) (946,490)
Beginning Discretionary General Fund Balance 1,764,967 2,252,948 Inflows 6,535,835 4,409,479
Outflows 7,353,969 3,719,301
690,178 (818,134)
Anticipated Ending Discretionary General Fund Balance 946,833 $ 2,943,126 $ Adjusted Budget As of March 31,
2024
Non-Departmental 32,846 794,811 761,965 4%
Legislative 76,897 115,476 38,579 67%
Administration 227,198 430,142 202,944 53%
Economic Development 63,762 117,000 53,238 54%
City Attorney 68,802 50,000 (18,802) 138%
Finance and Information Technology 405,227 288,665 116,562 71% Community Development:

Planning 205,880 490,233 284,353 42%
Building 227,951 371,478 143,527 61%
Engineering 88,034 154,203 66,169 57%
Police 1,685,629 3,073,539 1,387,910 55%
Public Works:

Administration and Compliance 141,105 76,825 64,280 54% Roads and Infrastructure 577,206 365,548 211,658 63%
Parks, Buildings, and Grounds 633,549 311,264 322,285 49% Total use 3,719,301 7,353,969 3,634,668 51%
Departmental Use
Expenditures
Change to fund balance
Fiscal Year 2023-24
Financing Sources (Uses)
Transfers in
Transfers (out)
Revenue Sources
Salaries and benefits
Operations
Capital outlay/CIP
Fund: 501
Name: Water Utility M & O Fund
2023-24 2023-24
Adjusted Budget As of March 31,
2024 Remaining $ % Collected/Used
Charges for service 2,827,00 0 1,993,134 71% 833,866
Interfund services provided 120,00 0 - 0% 120,000
Total revenue 2,947,00 0 1,993,134 68% 953,866
-
1,376,277 804,479 58% 571,798
781,839 403,509 52% 378,330
Debt service 756,891 508,902 67% 247,989
5,159,061 442,233 9% 4,716,828
Total expenditures 8,074,06 8 2,159,123 27% 5,914,945
-
Net sources (uses) - - -
Resources - Use -
Surplus (deficit) (165,989) (5,127,068)
Beginning Working Capital 1,949,86 0 1,949,860
Inflows 2,947,00 0 1,993,134
Outflows 8,074,06 8 2,159,123
Change to fund balance (5,127,068) (165,989)
Anticipated Ending Working Capital $ (3,177,208) $ 1,783,871 Adjusted Budget As of March 31,
2024
Non-Departmental 826,891 524,129 63% 302,762
Legislative 17,00 0 11,772 69% 5,228
Administration 140,86 4 84,445 60% 56,419
City Attorney 28,000 21,383 76% 6,617
Finance and Information Technology 318,80 6 206,229 65% 112,577 Community Development: -
Planning 24,30 6 16,842 69% 7,464
Building 29,35 8 22,233 76% 7,125
Engineering 64,29 8 48,346 75% 15,952
Public Works: -
Administration and Compliance 215,596 83,123 39% 132,473 Water O&M 6,408,94 9 1,140,621 18% 5,268,328
Total use 8,074,06 8 2,159,123 27% 5,914,945
Departmental Use
Financing Sources (Uses)
Fiscal Year 2023-24
Revenue Sources
Expenditures
Salaries and benefits
Operations
Capital outlay/CIP
Fund: 601
Name: Sewer Utility M & O Fund
2023-24 2023-24
Adjusted Budget As of March 31,
2024 Remaining $ % Collected/Used
Taxes $ 55,050 $ 46,966 $ 85% 8,084
Use of money and property 52,500 22,748 43% 29,752
Charges for service 3,071,00 0 2,357,253 77% 713,747
Interfund services provided 18,000 - 0% 18,000
Total revenue 3,196,55 0 2,426,967 76% 769,583
1,393,118 796,913 57% 596,205
1,058,472 647,034 61% 411,438
Debt service 675,36 7 489,577 72% 185,790
1,435,211 195,712 14% 1,239,499
Total expenditures 4,562,16 8 2,129,236 47% 2,432,932
Net sources (uses) - -
Resources - Use
Surplus (deficit) 297,731 (1,365,618)
Audited Beginning Working Capital 6,320,690 6,320,690
Inflows 3,196,55 0 2,426,967
Outflows 4,562,16 8 2,129,236
Change to fund balance (1,365,618) 297,731
Anticipated Ending Working Capital $ 4,955,072 $ 6,618,421 Adjusted Budget As of March 31,
2024
Non-Departmental 745,36 7 504,805 68% 240,562
Legislative 17,000 11,771 69% 5,229
Administration 140,81 4 84,445 60% 56,369
City Attorney 28,000 21,308 76% 6,692
Finance and Information Technology 316,755 206,478 65% 110,277 Community Development:

Planning 24,306 16,842 69% 7,464
Building 29,358 22,283 76% 7,075
Engineering 64,298 47,035 73% 17,263
Public Works:

Administration and Compliance 215,596 83,009 39% 132,587 Sewer O&M 2,980,67 4 1,131,260 38% 1,849,414
Total use 4,562,16 8 2,129,236 47% 2,432,932
Fiscal Year 2023-24
Revenue Sources
Departmental Use
Financing Sources (Uses)
Expenditures
Salaries and benefits
Operations
Capital outlay/CIP
CLERC at the Carnegie Library
Lakeport City Council
July 2, 2024
Agenda for Meeting - July 2, 2024
● CLERC Overview
and Background
● Current Programs
● Vision and Plan for
the Second Floor
● Next Steps
What is CLERC?
CLERC - Clear Lake Environmental Research Center

CLERC SERVES AS A STEWARD FOR ENVIRONMENTAL AND ECONOMIC SUSTAINABILITY OF CLEAR LAKE, ITS NEIGHBORING LANDS AND WATERS, LOCAL COMMUNITIES AND BEYOND.

We are:
● 501(c)(3) nonprofit organization, founded in 2014 by County of Lake employees ● Collaborative umbrella organization to assist partners through:
○ Facilities, Technology, Coordination, Funding
● Fourteen employees (9 full-time, 5 part-time), recruiting: 3 full-time, 2 part-time ● Located in Lakeport
○ Carnegie Library (bottom floor)
○ 55 First St. - 2nd Floor Office
Fire & Forestry Program
Major Accomplishments Since 2019
● Developed “Community-wide” Projects
● Secured over $38 Million in grants
● Over 3,500 acres of fuel reduction work
completed or in-progress
● Another 2,600 acres planned
● 1000+ hazard trees removed from residential
areas
● County-wide chipping program
● Supported update Lake County Community
Wildfire Protection Plan (CWPP)
● Supported creation of Hogback Ridge Crew
● Created dozens of local jobs
● US Forest Service Outreach Videos
○ Google “USFS CWDG”
CLERC Fire and Forestry Projects - Dashboard
theclerc.org -> Community Projects -> Project Dashboard Get Involved!
● Organize Neighborhood Chipping Days
○ theclerc.org -> Community Chipping Program
○ Or call 707-245-9991
● Join Our Team: theclerc.org ->Work With Us
○ Forester
○ Fire and Forestry Project Coordinator
○ Biological Technician (seasonal)
CLERC Lab
Accredited Water Quality Lab
● Lake County Water Utilities:
○ 90+ drinking water systems
○ 25 major wastewater dischargers
● Serves local water agencies and water users
○ drinking water
○ wastewater
○ private wells
○ surface waters
● Clients include:
○ City of Lakeport
○ Lake County Special Districts
○ Lake County Farm Bureau
○ CalWater - Lucerne
○ Highlands Mutual Water Co.
○ Many more…
CLERC Lab
● Tests include:
○ Total Coliform / E. Coli
(presence/absence)
○ Total Coliform / E. Coli (enumeration)
● New tests (summer/fall 2024)
○ BOD (Biochemical Oxygen Demand)
● Only accredited lab in Lake
County
● Invests utility ratepayer funds
locally
● CLERC Lab reports results to State
Water Board when required
CLERC at the Carnegie Library - Brief History
● 1914-1985: Public Library
● Late 1990’s: UC Davis CLERC
● Mid-2000’s: City Offices (Attorney, Redevelopment)
● June 2014: City hired architect to conduct reuse study ● June 2014: CLERC incorporated as 501(c)3 nonprofit
organization
● 2017: City completes ADA upgrades (restrooms,
elevator) and HVAC improvements
● 2021: CLERC signs lease with City for first floor
● 2024: City completes ceiling and floor repairs
CLERC at the Carnegie Library - Second Floor
● Big Vision: Environmental
Education Outreach Visitors Center
● Goal: Increase and enhance
knowledge of Clear Lake and its
watershed
● Audience: locals and visitors
● Work in-progress
○ CLERC recently formed Carnegie
Steering Committee
Carnegie Library Second Floor - Phased Approach
Short Term - next 6 months
● Outreach about CLERC’s current programs
● Work with consultant and committee on
master plan
● Public Access: open during special events
(concerts, festivals, farmers market, etc.)
Long Term (2025-beyond)
● Implement Master Plan (exhibits, content)
● Environmental Education Programs
● Volunteer Docents
● Dedicated Funding
● Public Access: open regular hours
Carnegie Library Second Floor - Next Steps
● Finish Construction
● Revise Lease: CLERC<->City
● Grow Membership of Carnegie
Steering Committee
○ Next meeting: July 9 @10am
● Recruit / Hire consultant
● Work with consultant on Master
Plan
Thank You!
Meeting Date: 07//02/2024 Page 1 Agenda Item #VII.A.1.
364567.1

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☒
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Delinquent Utility User Accounts MEETING DATE: 7/2/24 SUBMITTED BY: Nicholas Walker, ACM/ Finance Director
PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to cause a written report (“Written Report”) to be prepared and filed with the City Clerk containing a description of each parcel of real property within the City/CLMSD to which delinquent water, sewer and solid waste user charges, fees, and penalties are applicable and the amount of the delinquent water, sewer and solid waste user charge, fee, and penalty for each such parcel for the period of June 1, 2023 through May 31, 2024.

BACKGROUND/DISCUSSION:

California Health and Safety Code, sections 5473a and sections 13.04.060, 13.20.560, and 8.16.080 of the Lakeport Municipal Code authorize the City to have the delinquent charges collected by means of inclusion on the property tax roll by Lake County. It is advantageous for the City and CLMSD to have delinquent water, sewer and solid waste user charges for the period of June 1, 2023 through May 31, 2024 collected on the tax roll.

To collect on these accounts, the City is required to notify the delinquent account holders via mail and published notice and give them an opportunity to bring their account current.

Utility bills and delinquency notices are mailed monthly. Final notice to delinquent accounts, as of May 31, 2024, will be sent to account holders around June 30th, 2024.

These accounts will be updated as payments are received prior to Council's review at a public hearing on August 6, 2024. Currently, the dollar amount of delinquent accounts is approximately $17,000. The remaining accounts will be sent to the Auditor-Controller.

OPTIONS:

1. Cause a Written Report to be prepared and filed with the City Clerk.

2. Do not cause the preparation of a Written Report but provide direction to staff.

FISCAL IMPACT:
☐ None ☒ $Approximately $17,000 Budgeted Item? ☐Yes ☒ No Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☒ General Fund ☒ Water OM Fund ☒ Sewer OM Fund ☐ Other:

Meeting Date: 07//02/2024 Page 2 Agenda Item #VII.A.1.
364567.1
Comments:

Move to adopt the resolution to cause a written report to be prepared and filed with the City Clerk regarding delinquent water, sewer and solid waste user charges, fees, and penalties for the period of June 1, 2023 through May 31, 2024 and setting a public hearing on the written report prior to collection on the tax roll. ☒ Attachments: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AND THE

BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER

DISTRICT ELECTING TO HAVE DELINQUENT UTILITY CHARGES COLLECTED ON THE TAX ROLL FOR THE PERIOD OF JUNE 1, 2023 THROUGH MAY 31, 2024,

FIXING THE TIME AND PLACE OF A HEARING ON THE WRITTEN REPORT ON

SUCH CHARGES, AND PRESCRIBING NOTICE OF SUCH HEARING
364566.1 1
RESOLUTION NO. ____ (2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AND THE

BOARD OF DIRECTORS OF THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT

ELECTING TO HAVE DELINQUENT UTILITY CHARGES COLLECTED ON THE TAX ROLL FOR THE PERIOD OF JUNE 1, 2023 THROUGH MAY 31, 2024, FIXING THE

TIME AND PLACE OF A HEARING ON THE WRITTEN REPORT ON SUCH

CHARGES, AND PRESCRIBING NOTICE OF SUCH HEARING
WHEREAS, the City of Lakeport (the “City”) and the City of Lakeport Municipal Sewer District (“CLMSD”) provides certain water, sewer, and solid waste services to its residents and occupants;
WHEREAS, pursuant to section 5473 et seq. of the Health and Safety Code, the City Council/Board of Directors may elect to have delinquent water, sewer and solid waste user charges collected on the tax roll in any fiscal year in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City in the manner prescribed by those sections of the Health & Safety Code;
WHEREAS, it is advantageous for the City and CLMSD to have delinquent water, sewer and solid waste user charges for the period of June 1, 2023 through May 31, 2024 collected on the tax roll;
WHEREAS, pursuant to section 5473a of the Health & Safety Code and sections

13.04.060, 13.20.560, and 8.16.080 of the Lakeport Municipal Code, the City Council shall cause a written report (“Written Report”) to be prepared and filed with the City Clerk containing a description of each parcel of real property within the City/CLMSD to which delinquent water, sewer and solid waste user charges, fees, and penalties are applicable and the amount of the delinquent water, sewer and solid waste user charge, fee, and penalty for each such parcel for the period of June 1, 2023 through May 31, 2024; and
WHEREAS, prior to adopting the Written Report and the charges therein contained, the City Council/Board of Directors must give notice and hold a hearing thereon.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport and the Board of Directors of the City of Lakeport Municipal Sewer District as follows:

1. The City Council/Board of Directors does hereby elect to have delinquent water, sewer and solid waste user charges, fees, and penalties for the period of June 1, 2023 through May 31, 2024 collected on the tax roll, in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City.
364566.1 2

2. The City Council/Board of Directors directs the preparation of the Written Report containing a description of each parcel of real property within the City/CLMSD to which delinquent water, sewer and solid waste user charges are applicable and the amount of the delinquent water, sewer and solid waste user charge, fee, and penalty for each such parcel for the period of June 1, 2023 through May 31, 2024 and further directs the filing of such Written Report with the City Clerk.

3. On Tuesday, August 6, 2024, at 6:00 p.m., the City Council/Board of Directors shall hold a hearing for the purposes of hearing and considering all objections or protests, if any, to the Written Report filed with the City Clerk, which objections and protests must be lodged before the close of the public hearing.

4. The City Clerk shall cause a notice of the filing of the Written Report and of a time and place of hearing thereon to be published in a newspaper of general circulation printed and published once a week for two consecutive weeks in the City and CLMSD, pursuant to section 6066 of the Government Code prior to the date of said hearing, and shall cause a notice in writing of the filing of the Written Report to be mailed at least 15 days in advance to each person to whom any parcel or parcels of real property described in such report is/are assessed in the last equalized assessment roll available on the date the Written Report was prepared, at the address shown on the assessment roll or as known to the City Clerk.

THIS RESOLUTION was passed and adopted by the City Council of the City of Lakeport at a regular meeting held on the 2nd day of July, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

___________________________

MICHAEL FROIO, MAYOR &

CHAIRPERSON
ATTEST:
_____________________________
KELLY BUENDIA, Clerk
City of Lakeport & CLMSD
Meeting Date: 07/02/2024 Page 1 Agenda Item #VII.B.1.
364719.1

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: State of California – Transportation Agency, Department of California Highway Patrol Cannabis Tax Fund Grant Program MEETING DATE: 07/02/2024
SUBMITTED BY:

Captain Dale Stoebe
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review and adopt a resolution accepting grant funding and partnering with the State of California Department of California Highway Patrol as detailed in the State of California Department of General Services Agreement.

BACKGROUND/DISCUSSION:

EVENT:

The Lakeport Police Department was awarded California Highway Patrol Cannabis Tax Fund Grant.

SUMMARY:

The Lakeport Police Department applied to the California Highway Patrol for funding from its Cannabis Tax Fund Program to conduct enforcement and training to reduce and mitigate the impacts of impaired driving in our community. This application succeeded in securing $75,159.87 of grant funding for implementing DUI/DUID Enforcement activities and Drug Evaluation and Classification (DEC) courses. Enforcement activities will include five saturation patrols. The Lakeport Police Department intends to staff one operation approximately every other month during the operational period. Educational outreach through press releases and message boards will also be part of the operational emphasis. DEC courses will increase proficiency of personnel to better account for the increasing number of DUI/DUID combination contacts encountered in our jurisdiction.

CONCLUSION:

The Resolution identified above is being presented to the Lakeport City Council to further solidify the partnership between the Lakeport Police Department and the Department of California Highway Patrol and secure the available grant funds.

OPTIONS:

Review the included Resolution and adopt.

Meeting Date: 07/02/2024 Page 2 Agenda Item #VII.B.1.
364719.1
FISCAL IMPACT: Already reported with operational plan approval.

None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

SUGGESTED MOTIONS:

Move to adopt a resolution formally authorizing the receipt by the Lakeport Police Department of grant funding from the State of California Department of the California Highway Patrol.

Attachments: 1. City of Lakeport Resolution
Resolution No. _____ (2024) Page 1
364725.1
RESOLUTION NO. (2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ACCEPTING

GRANT FUNDING AND JOINING INTO PARTNERSHIP WITH THE STATE OF

CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL CANNABIS TAX

FUND GRANT PROGRAM
WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program (CTFGP), setting up necessary procedures governing the application; and WHEREAS, the procedures established by the California Highway Patrol require the Applicant to certify by resolution the approval of the application to the State; and WHEREAS, successful Applicants will enter into an agreement with the California Highway Patrol to complete the Grant Scope;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeport that the City of Lakeport (“Applicant”) hereby:

APPROVES THE FILING OF AN APPLICATION FOR THE CTFGP AND AWARDED AMOUNT OF $75,159.87; AND

1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project if the grant is awarded; and

2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and

3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the program regulations; and

4. Delegates the authority to City Manager Kevin Ingram to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

DULY AND REGULARLY ADOPTED at a regular meeting on this 2nd day of July, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

Resolution No. _____ (2024) Page 2
364725.1
ABSENT:
________________________________
MICHAEL FROIO, Mayor
ATTEST:
______________________________
KELLY BUENDIA, City Clerk
Meeting Date: 07/02/2024 Page 1 Agenda Item # VII.C.1.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
Potable Water Backup Power Installation MEETING DATE: 07/02/2024 SUBMITTED BY: Paul Harris, Utilities Director
PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to approve a contract with Summit Signal Inc., dba Danny Mihelcic Construction Services, in the amount of $101,647.88 for the permanent installation of three (3) standby generators for water treatment facilities.

BACKGROUND/DISCUSSION:

FEMA approved a funding request by the City of Lakeport through the Hazard Mitigation Grant Program for the purchase of three (3) emergency standby generators for our surface water plant, plant intake and the Scotts Creek wells. The generators will be used to keep the water treatment facilities functioning at critical times of power failures or planned outages.

Using the FEMA grant award, three Blue Star commercial grade generators were purchased last year. City staff installed cement pads where needed and the City advertised for bids to install the three generators on May 9, 2024. Two responsive bids were received and opened June 10, 2024. Summit Signal, Inc, dba Danny Mihelcic Construction Services was the low bidder at $101,647.88, followed by Nates Electric bid of $118,000.00

ENVIRONMENTAL
This project is Categorical Exempt per CEQA Guidelines, sections 15301. The installation of mechanical equipment (emergency generators) at existing facilities will not expand the existing use. Notice of Exemption for all three locations were filed Feb. 8, 2022.

OPTIONS:

1. Award a construction contract with Summit Signal, Inc, dba Danny Mihelcic Construction Services for the installation of three (3) generators in the amount of $101,647.88.

2. Provide other direction to staff.

Meeting Date: 07/02/2024 Page 2 Agenda Item # VII.C.1.

FISCAL IMPACT:
☐ None ☐ $101,647.88 Budgeted Item? ☒Yes ☐ No
Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☒ Water OM Fund ☐ Sewer OM Fund ☐ Other: CDBG Grant and PI Comments:

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☒ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☒ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Move to accept the bid from Summit Signal, Inc. dba Danny Mihelcic Construction Services for the permanent installation of three (3) generators and award a contract in the amount of $101,647.88. ☒ Attachments: 1. Bid Tabulation

2. Bid Book
Item Description Quantity Unit Unit Price Extension Unit Price Extention Unit Price Extension 1 Water Treatment Plant 1 LS $42,135.00 $42,135.00 $32,559.96 $32,559.96 $38,000.00 $38,000.00 2 Lake Intake 1 LS $31,750.00 $31,750.00 $33,967.96 $33,967.96 $30,000.00 $30,000.00 3 Scotts Creek Well 1 LS $31,500.00 $31,500.00 $35,119.96 $35,119.96 $50,000.00 $50,000.00 0 $105,385.00 $101,647.88 $118,000.00
Nates Electric
TOTAL:

Potable Water Backup Power
BID NO. 24-06

BID TABULATION
Engineer's Estimate Summit Signal, Inc

CITY OF LAKEPORT

PUBLIC WORKS DEPARTMENT

LAKEPORT, CALIFORNIA

NOTICE TO BIDDERS
AND

SPECIAL PROVISIONS

POTABLE WATER BACKUP POWER DESIGN
Water Treatment Plant, Lake Intake & Scotts Creek Well
Federal Project DR4434-PJ0009
BID NO. 24-06
IN

LAKEPORT, CALIFORNIA
For Information on this Project, Contact
Paul Curren, City Engineer
or
Olivia Grupp, Project Manager
at
(707) 263-5615
Bid Book dated April 2024
I certify that this project was designed by me or under my direction in accordance with generally accepted engineering practices.
_______________________________________________
Paul R. Curren, R.C.E. #C34527 Date: April 22, 2024
Expires: 9/30/2025
Section A Page 2 BID NO. 24-06
Section A Page 3 BID NO. 24-06

TABLE OF CONTENTS

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA

SECTION
BID BOOK…………………………………………………………………………………………………A
INSTRUCTIONS TO BIDDERS…………………………………………………………………………..B
NOT USED……………………………………………………………………………………...………….C
CONTRACT INFORMATION AND DOCUMENTS…………………………………………………….D STANDARD SPECIFICATIONS………………………………………………………………………….E
SPECIAL PROVISIONS - 700 SERIES…………………………………………………………………...F Section A Page 4 BID NO. 24-06

SECTION A

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA

BID BOOK

BIDDERS CHECKLIST

NOTICE INVITING SEALED BIDS

BID PROPOSAL

BID SCHEDULE

BID BOND

BID GUARANTEE

BIDDER INFORMATION

EXPERIENCE STATEMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

EQUAL OPPORTUNITY CLAUSE CERTIFICATION
(Contractor or subcontractor name & check “has” or “has not”)

DEBARMENT AND SUSPENSION CERTIFICATION

PUBLIC CONTRACT CODE QUESTIONNAIRE
(Check “has” or “has not”: check “Yes” or “No” box)

NON-LOBBYING CERTIFICATION

NON-COLLUSION AFFIDAVIT

AUTHORITY TO SIGN BID PROPOSAL (IF APPLICABLE)

POWER OF ATTORNEY (IF REQUIRED)

DISCLOSURE OF LOBBYING ACTIVITIES

STATEMENT REGARDING INSURANCE COVERAGE
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
Section A Page 5 BID NO. 24-06

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA

BIDDERS' CHECKLIST
This checklist has been prepared and furnished to aid bidders in including all necessary supporting information with their bid. Bidders' submittals should include, but are not limited to the following:

CHECKED

1. Bid Proposal __________

2. Bid Schedule __________

3. Bid Bond __________

4. Bid Guarantee __________

5. Bidder Information __________

6. Experience Statement __________

7. Designation of Suppliers and Subcontractors __________

8. Equal Employment Opportunity Certification __________

9. Debarment and Suspension Certification __________

10. Public Contract Code Questionnaire
(Check “has” or “has not”: check “Yes” or “No” box) __________

11. Non-Lobbying Certification __________

12. Non-Collusion Affidavit __________

13. Authority to Sign Bid Proposal (if applicable) __________

14. Power of Attorney (if required) __________

15. Disclosure of Lobbying Activities __________

16. Statement Regarding Insurance Coverage __________

17. Workers’ Compensation Insurance Certificate __________

18. Statement Regarding Contractor’s Licensing Laws __________ Section A Page 6 BID NO. 24-06

NOTICE INVITING SEALED BIDS

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Lakeport as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 225 Park Street, Lakeport, CA 95453 up to the hour of 2:00 p.m., on the 10th day of June, 2024. The bids will be publicly opened and read at 2:00 p.m. on the 10th day of June, 2024, in the Lakeport City Hall Council Chambers. Bids received after the time specified will be returned unopened.

General work description: Project is located at the Water Treatment Plant, Lake Intake & Scotts Creek Well. The work consists of connecting existing generators to the electrical power systems at each location.

Work shall be completed within 40 working days. The estimated cost of the work is $121,000.

Copies of the documents may be viewed for information only at the City of Lakeport website at https://www.cityoflakeport.com/bid_opportunities.php under POTABLE WATER BACKUP POWER DESIGN. Copies of the plans, specifications, and contract documents necessary to submit a bid are available electronically by contacting Linda Sobieraj ([email protected]) or Jan Coppinger ([email protected]) by email. You will be required to provide complete contact information for the Bidder’s List which will be posted online with other project information. To submit a bid, you must request plans, specifications and bid forms as indicated herein. Only bids submitted on the official printed documents will be accepted.

There will be a mandatory pre-bid meeting held Wednesday, May 23, 2024 at 11:00 am. The meeting will take place at the Water Treatment Plant located at 590 Konocti Ave, Lakeport, CA.

Questions about alleged patent ambiguity of the plans, specifications, or estimate must be submitted in writing prior to 5 PM on May 29, 2024. After this time, the City will not consider these questions as bid questions. All bidder’s inquires must be submitted in writing to Jan Coppinger by email. [email protected].

Bids must be prepared on the approved bid forms in conformance with INSTRUCTIONS TO BIDDERS and submitted in envelopes sealed and plainly marked on the outside:
“SEALED BID FOR POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06
DO NOT OPEN WITH REGULAR MAIL”
The bid must be accompanied by a bid guarantee in the amount of 10% of the total bid by 2:00 p.m. ON THE DATE ADVERTISED FOR THE OPENING OF BIDS. More specifically, pursuant to Public Contract Code §§ 20170 and 20171, all bids for the project shall be presented, under sealed cover and shall be accompanied by one of the following forms of bidder’s security in the amount of ten percent (10%) of the bid: (a) cash; (b) a cashier’s check made payable to the City of Lakeport; (c) a certified check made payable to the City of Lakeport; or (d) a bidder’s bond executed by an admitted surety insurer made payable to the City of Lakeport. Such security shall be forfeited should the successful bidder to whom the contract is awarded fails to timely execute the contract and to deliver the necessary bonds and insurance certificates as specified in the contract documents.

In accordance with the provisions of California Public Contract Code § 3300, and Business and Professions Code § 7028.15(e), the Agency has determined that the contractor shall possess a valid Class Section A Page 7 BID NO. 24-06
C-10 contractor’s license at the time that the contract is awarded. Failure to possess the specified license shall render a bidder’s bid as non-responsive and shall bar award of the contract to any bidder not possessing the specified license at the time of the award.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CA 95826. At the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material shall not be made unless and until the Registrar of Contractors verifies to the Agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractors’ State Board. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. (Public Contract Code § 20103.5)

CONTRACTORS AND SUBCONTRACTORS ARE ALSO REQUIRED TO BE REGISTERED WITH

THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS FOR ANY BID PROPOSAL SUBMITTED ON OR AFTER MARCH 1, 2015, AND FOR ANY CONTRACT FOR PUBLIC WORK ENTERED INTO ON OR AFTER APRIL 1, 2015. A contractor or subcontractor shall not be qualified to bid on, be listed on a bid proposal for, or perform any public work contract unless it is currently registered with the California Department of Industrial Relations as described in Labor Code § 1725.5.

To the extent applicable, at any time during the term of the Agreement for the proposed project, the successful bidder may, at its own expense, substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

Pursuant to California Civil Code § 9550, a payment bond is required to be submitted for all projects estimated in excess of $25,000.00
The Agency has determined that the proposed project is a public works subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract. Accordingly, the proposed project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

The Director of the California Department of Industrial Relations determines the general prevailing wage rates. Obtain the wage rates at the DIR Web site, http://www.dir.ca.gov/DLSR/PWD, or from the City’s Engineering Division. The project is subject to Department of Labor prevailing wages and requires the payment of the highest wage between the DIR and DOL rates. All provisions of the Department of Labor must be followed and other funding requirements as provided in Section A of the bid package and Exhibit A of the Articles of Agreement.

The City of Lakeport reserves the right to reject any and all bids.

The contract shall be awarded based on the lowest responsible bid.

Section A Page 8 BID NO. 24-06
Bid Items and Estimated Quantities
(Not to be Used for Bidding Purposes)

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06
Bid Items
Item Description Unit Quantity
1 Work at Water Treatment Plant LS --
2 Work at Lake Intake LS --
3 Work at Scotts Creek Well LS --

ENGINEERING DIVISION
Section A Page 9 BID NO. 24-06

BID PROPOSAL

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
The undersigned, as bidder, declares that he/she has examined all of the contract documents, attachments, exhibits, manuals and specifications contained in this project manual for the above referenced project, and that he/she will contract with the Agency on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are included and are to be considered as forming a part of this proposal: BID PROPOSAL, BID SCHEDULE, BID BOND, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER

INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS &

SUBCONTRACTORS, EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION,

DEBARMENT AND SUSPENSION CERTIFICATION, PUBLIC CONTRACT CODE QUESTIONAIRE (SECTION 10232 AND 10285.1 STATEMENTS), NON-LOBBYING CERTIFICATION, NONCOLLUSION AFFIDAVIT, AUTHORITY TO SIGN BID PROPOSAL (if applicable), POWER OF ATTORNEY (if required), DISCLOSURE OF LOBBYING ACTIVITIES, STATEMENT REGARDING INSURANCE COVERAGE, WORKERS’ COMPENSATION INSURANCE CERTIFICATE, STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS, AND DISADVANTAGED BUSINESS AND SECTION 3 BID REQUIREMENTS.

Contractor acknowledges receipt and inclusion of addenda ______ to ______ into this bid proposal and the contract documents.

Attached is a Bid Bond duly completed by a guarantee company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of this proposal, or alternatively, there is attached a certified or cashier’s check payable to the Agency or evidence of a cash payment to the Agency, in the amount of at least 10% of the total amount of our proposal.

If this proposal is accepted, we agree to sign the contract form and to furnish the Performance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidences of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION E - TIME OF COMPLETION.

NAME OF BIDDER: ___________________________________________________________________ MAILING ADDRESS:__________________________________________________________________ ___________________________________________________________________ STATE OF INCORPORATION: _________________________________________________________ AUTHORIZED SIGNATURE: ___________________________________________________________ TITLE: ______________________________________________________________________________ DATE: ______________________________________________________________________________ (If Company is a corporation, provide corporate resolution per B 1.06 PROPOSAL.) Section A Page 10 BID NO. 24-06

BID SCHEDULE

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
The cost of all labor, services, material, equipment and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION E–SPECIAL PROVISIONS. The Agency reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The Agency reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the Agency.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.

The Contractor shall be responsible for calculating and providing totals for the bid schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications and details.

NAME OF BIDDER:
_____________________________________________________________________________________ CONTRACTOR’S LICENSE NO.:
_____________________________________________________________________________________ CONTRACTOR’S DIR REGISTRATION NO.:
_____________________________________________________________________________________ CONTRACTOR’S SAM.GOV DUNS/UEI NO.: Not applicable for this contract _____________________________________________________________________________________ AUTHORIZED SIGNATURE:
_____________________________________________________________________________________ TITLE:_
_____________________________________________________________________________________ DATE:
_____________________________________________________________________________________ Section A Page 11 BID NO. 24-06
BID SCHEDULE (Continued)

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
The Contractor shall be responsible for calculating and providing unit prices for the bid schedule. The bid schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06
Bid Schedule
Item Description Unit Quantity Unit Price Extension
1 Work at Water Treatment Plant LS ---
2 Work at Lake Intake LS ---
3 Work at Scotts Creek Well LS ---
Total
Bid Schedule Total: $
Bid Schedule Total (in words): ____________________________________________________________ ______________________________________________________________________________________ ___
(Company Name of Bidder) (Date)
Section A Page 12 BID NO. 24-06

BID BOND

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS that Bidder ________________________, as PRINCIPAL, and ______________________, as SURETY, are held and firmly bound unto the City of Lakeport as AGENCY, in the penal sum of ________________________________________ dollars ($____________________), which is ten percent (10%) of the total amount bid by PRINCIPAL to AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the AGENCY may accept such Bid; and said SURETY does hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and PRINCIPAL provides the required payment and performance bonds and insurance coverages to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this__ day of ......................................, 2024.

PRINCIPAL* ______________________________________________ ______________________________________________
SURETY* _____________________________________________
_____________________________________________
_____________________________________________
*Provide BIDDER and SURETY name, address and telephone number and the name, title, address and telephone number for their authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this ........... day of..............................., 2024.

NOTARY PUBLIC _______________________________________________ (SEAL) Section A Page 13 BID NO. 24-06

BID GUARANTEE

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
Note: The following statement shall be used if other than a bid surety bond accompanies bid. “Accompanying this proposal is a money order*, certified check*, cashier’s check*, cash*, payable to the order of the City of Lakeport in the amount of _______________________________________________ Dollars ($__________________) which is at least ten percent (10%) of the total amount of this bid. The proceeds of this bid guarantee shall become the property of the City of Lakeport provided this bid is accepted by said City, through action of its legally constituted contracting authorities, and the undersigned fails to execute a contract and furnish the required bonds and insurance within the stipulated time.

Otherwise, the proceeds of this bid guarantee shall be returned to the undersigned.” NAME OF BIDDER: .......................................................................................................

MAILING ADDRESS: ....................................................................................................... ....................................................................................................... .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: ....................................................................................................... (*Delete the inapplicable words)
Section A Page 14 BID NO. 24-06

BIDDER INFORMATION

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
BIDDER certifies that the following information is true and correct:

Name of Bidder: .................................................................................................................................

Business Address: ..............................................................................................................................

Telephone:……………………………………..FAX:………………………………………………
E-mail: ..............................................................................................................................................

Contractor’s License No.:………………………………………..Date License Issued: .................. ………..

License Expiration Date: .................................................................................................................................

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone)
........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date)
........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

All current and prior DBA’s, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates) ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Prior Disqualification
Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity? Yes / No _________. If yes, provide the following information. (If more than once, use separate sheets):

Date: ..................................................................... Entity: ..................................................................

Location: ............................................................................................................................................

Reason: ...............................................................................................................................................

Provide Status and any Supplemental Statement: .............................................................................. ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Has your firm been reinstated by this entity? Yes / No ..........................................

Violations of Federal or State Law
A. Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes / No: ................................... Federal / State: .............................................................................

If “yes”, identify and describe, (including status): ............................................................................. ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Have the penalties been paid? Yes / No:___________________ Section A Page 15 BID NO. 24-06
B. Does your firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws?
Yes / No: ................................. Codes / Laws:............................................ Section / Article:..........

If “yes”, identify and describe (including status):.............................................................................. ........................................................................................................................................................... ...........................................................................................................................................................

I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 2024 at _____________________________________, California.

Authorized Representative Signature and Title_________________________________________________ Section A Page 16 BID NO. 24-06

EXPERIENCE STATEMENT

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board.

Project Title:__________________________________ Client:______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ _________________________________________________________________________ ___________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client:______________________________ Date:_____________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ _________________________________________________________________________ ___________________________________________________________ Subject to Federal Labor Standards: Yes No
Section A Page 17 BID NO. 24-06
EXPERIENCE STATEMENT (Continued)

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
Project Title:__________________________________ Client:______________________________ Date:______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ _________________________________________________________________________ ___________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client:_______________________________ :

Date:______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ _________________________________________________________________________ ___________________________________________________________ Subject to Federal Labor Standards: Yes No
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________,2024 at _____________________________________, California.

Authorized Representative Signature and Title ________________________________________________ Section A Page 18 BID NO. 24-06

DESIGNATION OF SUBCONTRACTORS

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
The following is a list of subcontractors, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work of value in excess of one-half percent of the total bid price or $10,000, whichever is greater. No subcontractor shall perform work in excess of the amount specified in 2- 3 SUBCONTRACTS of the Standard Specifications, without the written approval of the Agency. Note the maximum percentage of work that can be subcontracted specified in 2-3.2 ADDITIONAL RESPONSIBILITY of the Standard Specifications. The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.

Work Subcontracted Proportion of Work
(% of contract price)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Subcontractor
Section A Page 19 BID NO. 24-06
Work Subcontracted Proportion of Work
(% of contract price)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Subcontractor
Section A Page 20 BID NO. 24-06
Work Subcontracted Proportion of Work
(% of contract price)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Name
Address
Contractor License No.

Contractor License Category
Employer ID No.

DIR Number
MBE/WBE (yes/no)
Subcontractor
These representations are made under the penalty of perjury under the laws of the State of California. The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

NAME OF BIDDER:________________________________________________________ AUTHORIZED SIGNATURE: ____________________________________________________________ Date:_____________
Section A Page 21 BID NO. 24-06

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
The bidder's execution on the signature portion of this bid shall also constitute an endorsement and execution of those certifications which are a part of this bid The bidder ______________, proposed subcontractor ____________, hereby certifies that he has ___, has not ___, participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

Section A Page 22 BID NO. 24-06

DEBARMENT AND SUSPENSION CERTIFICATION

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Certification.

Section A Page 23 BID NO. 24-06

PUBLIC CONTRACT CODE QUESTIONAIRE

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space. ____________________________________________________
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappeasable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Section A Page 24 BID NO. 24-06

NON-LOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or bid that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly.

Section A Page 25 BID NO. 24-06

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
To the CITY OF LAKEPORT
ENGINEERING DIVISION.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares 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.

Note: The above Non-collusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Section A Page 26 BID NO. 24-06

AUTHORITY TO SIGN BID

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
If the "Signature of Bidder" on the Bid is by an agent, or someone other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the Owner prior to opening of Bids or submitted with the Bid, otherwise, the Bid will be regarded as not properly authorized. This requirement is described in more detail in Section 2, “Proposal Requirements and Conditions”, of the Special Provisions.

The bidder who signed the "Signature of Bidder" line of the Bid shall check box A, box B or box C below. If the bidder does not check a box, it will be deemed that he has checked box A.

The bidder certifies that:

A. [ ] The bidder who signed the "Signature of Bidder" line of the Bid has the authority to sign Bid Proposals for the corporation or co-partnership named in the proposal.

B. [ ] The bidder who signed the "Signature of Bidder" line of the Bid is not an officer of a corporation authorized to sign Bid Proposals on behalf of that corporation; or the bidder who signed is not a partner authorized to sign Bid Proposals on behalf of a co-partnership; but the bidder who signed the Bid is an agent of the corporation or partnership and a Power of Attorney authorizing the agent to sign Bid Proposals is already on file with the City of Lakeport Purchasing Department.

C. [ ] The bidder who signed the "Signature of Bidder" line of the Bid is an agent for the corporation or copartnership named in the Bid, and a Power of Attorney demonstrating that the agent is authorized to sign Bid Proposals for the corporation or co-partnership has been included in the bidder's Bid by stapling it to this sheet.

Section A Page 27 BID NO. 24-06

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a contract a bid/offer/application a initial b. grant b. initial award b. material change c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year_____ quarter_________
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature ______________ e deferred
value ______________ f. other, specify _________________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Section A Page 28 BID NO. 24-06

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the first tier. Sub-awards include but are not limited to subcontracts, sub-grants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Sub-awardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box (es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box (es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF Section A Page 29 BID NO. 24-06

STATEMENT REGARDING INSURANCE COVERAGE

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 7-3 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.

NAME OF BIDDER: .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: .......................................................................................................

Section A Page 30 BID NO. 24-06

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

DATE: _ _ ___ ___
(Contractor)
By: _______________________________________________
(Signature)
________________________________________________
(Title)
Attest:

By: __________________________________________
(Signature)
__________________________________________
(Title)
Note: See Section 7 Responsibility of the Contractor, Paragraph 7-3 of the Standard Specifications for insurance carrier rating requirements.

Section A Page 31 BID NO. 24-06
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1)The person is particularly exempted from this chapter. (2)The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Section A Page 32 BID NO. 24-06
Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Contractor’s License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________
Section B Page 33 BID NO. 24-06

SECTION B

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA

INSTRUCTIONS TO BIDDERS
Section B Page 34 BID NO. 24-06

INSTRUCTIONS TO BIDDERS

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
B1.01 INSPECTION OF SITE OF WORK
Bidders are required to inspect the site of the work in order to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and as to the actual conditions of and at the site of work. If, during the course of his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the Agency in writing in accordance with B1.04 INTERPRETATION OF CONTRACT DOCUMENTS for additional information and explanation before submitting his/her bid.

The submission of a proposal by the bidder shall constitute the acknowledgment that, if awarded the contract, he/she has relied and is relying on his/her own examination of (a) the site of the work, (b) the access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work and on his/her own knowledge of existing services and utilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of the Agency. No claim for additional compensation will be allowed which is based upon a lack of knowledge of these items.

B1.02 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the Agency may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidders’ attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract document.

B1.03 CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE
Bidder’s attention is called to the provisions set forth in SECTION E, STANDARD SPECIFICATIONS, particularly those pertaining to the contract period and liquidated damages for avoidable delays.

The Contractor shall begin work within fifteen (15) calendar days after the date of the Notice to Proceed, and shall diligently prosecute said work to completion before the expiration of working days as stated in the Notice Inviting Sealed Bids. The Contractor shall pay to the Agency the sum of $1,500.00 per day, for each and every calendar day delay in finishing the work in excess of the number of working days or after the designated completion date as prescribed above.

B1.04 INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and delivered to the Agency at least ten (10) days before the time announced for opening the proposals. Interpretations by the Agency will be in the form of addenda to the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom the contract documents have been issued. Agency makes no guarantee that all bidders will receive all addenda. Copies of addenda will be made available for inspection at the office where contract documents Section B Page 35 BID NO. 24-06
are on file for inspection as indicated on the Invitation for Bids. All such addenda shall become part of the contract. All questions shall be as indicated in the Notice Inviting Bids B1.05 SOIL INFORMATION
Not applicable.

B1.06 PROPOSAL
Proposals shall be made on the forms enclosed in SECTION A of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, both in words and in numbers, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and mailing address must be shown; if made by firm or partnership, the name and mailing address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and mailing address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished demonstrating the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, labeled as specified in SECTION A - NOTICE INVITING SEALED BIDS. Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic or telephonic proposals or modifications will be considered.

In conformance with the Business and Profession Code, § 7028.15, the Contractor must state clearly his/her license number and expiration date. In addition, he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the EXPERIENCE STATEMENT in SECTION A.

The contractor will be required to pay prevailing wage pursuant to California Law, including California Labor Code §§ 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the offices of the Agency.

B1.07 ADDENDA
Each proposal shall include specific acknowledgment in the space provided on SECTION A - BID PROPOSAL of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive.

B1.08 BID PRICES
Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor and services, except as may be provided otherwise in the contract documents. In the event of a difference between a price quoted in words and a price quoted in numbers for the same quotation, the words shall be the amount bid.

In preparing bid prices, bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect the performance of the work in any manner. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Section B Page 36 BID NO. 24-06
Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as the Design Engineer supposes or believes them to exist, but is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Agency, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in the BID SCHEDULE in SECTION A are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. Contractor shall be responsible for verifying all estimated quantities. Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.

B1.09 TAXES
No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

B1.10 RECOGNITION OF BONDING COMPANIES
All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.

B1.11 QUALIFICATION OF BIDDERS
Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided in SECTION A.

Each bidder shall possess a valid Contractor’s License issued by the Contractor’s State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years experience in the magnitude and character of the work bid.

It is the intention of the Agency to award a contract to a bidder who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient capital, facilities, and plant to enable him/her to prosecute the work successfully and properly, and to complete it within the time stated in the contract.

To determine the degree of responsibility to be credited to the bidder, the Agency will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in the opinion of the Agency, a bidder is determined to be insufficiently qualified, then that bidder will not be considered for award of the contract.

B1.12 DESIGNATION OF SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUBCONTRACTORS form provided in SECTION A the name, address, DIR registration number, and license number of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half percent of the total amount Section B Page 37 BID NO. 24-06
of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Contractor to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.

Public Contract Code § 4104 requires all bidders to list subcontractors who will perform work in excess of ½% of the total bid, or in the case of streets and highways, ½% or $10,000, whichever is greater.

Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7.

B1.13 PROPOSAL GUARANTEE
The proposal shall be accompanied by a proposal guarantee bond duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payments to the Agency in the sum of at least 10% of the total amount of the bid proposal, or alternatively by a certified or cashier’s check payable to the Agency, or cash, in the sum of at least 10% of the total amount of the bid proposal. The amount payable to the Agency under the proposal guarantee shall be forfeited to the Agency in case of failure or neglect of the bidder to furnish, execute and deliver to the Agency the required bonds, evidence of insurance and to enter into, execute and deliver to the Agency the agreement on the form provided herewith, within ten (10) days after being notified in writing by the Agency that the award has been made and the agreement is ready for execution.

B1.14 MODIFICATION OF PROPOSAL
A modification of a bid proposal already received will be considered only if the modification is received before the time announced for the opening of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid proposal.

B1.15 WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the Agency’s designated official prior to the bid opening hour stipulated in SECTION A – NOTICE INVITING SEALED BIDS. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B1.16 POSTPONEMENT OF BID OPENING
The Agency reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING SEALED BIDS.

B1.17 DISQUALIFICATION OF BIDDERS
If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.

B1.18 REJECTION OF PROPOSALS
Section B Page 38 BID NO. 24-06
The Agency reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the Agency; which are accompanied by insufficient or irregular bid security; or which are from bidders who have previously failed to perform properly or to timely complete contracts of any nature.

B1.19 AWARD OF CONTRACT
The Contract will be awarded, if at all, to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the Agency. However, until an award is made, the Agency reserves right will be reserved to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.

Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The Agency reserves the right to delay the award of the project for 45 calendar days.

After 45 calendar days, the low bidder may at any time request release from its bid without penalty.

The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted. No other act of the Agency shall constitute acceptance of a proposal. The award of contract shall obligate the bidder whose proposal is accepted to furnish a performance bond, payment bond and maintenance bond, as well as evidence of insurance and to execute the contract set forth herein.

B1.20 RETURN OF PROPOSAL GUARANTEES
Within ten (10) calendar days after the bids are opened, the Agency will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two lowest bidders will be held until the contract has been fully executed, after which they will be returned to the respective bidders.

B2.21 EXECUTION OF CONTRACT
The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds and evidence of insurance, within ten (10) calendar days after the notification of the contract award by the Agency in writing. In case of failure of the successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by Agency, the Agency at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the Agency. After execution by the Agency, one original contract shall be returned to the Contractor.

B1.22 FLEXIBILITY OF BID SCHEDULE
It is the intent of the Agency to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project within the Agency’s budget limits and constraints.

Section C Page 39 BID NO. 24-06

SECTION C

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
Not Used
Section D Page 40 BID NO. 24-06

SECTION D

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA

CONTRACT INFORMATION AND DOCUMENTS

ARTICLES OF AGREEMENT

PAYMENT BOND

FAITHFUL PERFORMANCE BOND

MAINTENANCE BOND
Section D Page 41 BID NO. 24-06

ARTICLES OF AGREEMENT

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
THIS POTABLE WATER BACKUP POWER DESIGN, BID NO. 24-06, AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this Xth day of Month, 20XX (Council Action Date Here), BY AND BETWEEN the City of Lakeport, a municipal corporation, hereafter designated as “AGENCY”, and CONTRACTOR’S BUSINESS NAME, a ____________ (State) ___________ (corporation, partnership, limited liability company, or other business form), hereafter designated as “CONTRACTOR.”
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the POTABLE WATER BACKUP POWER DESIGN, BID NO. 24-06, shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

AGENCY hereby employs CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices provided herein, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in this AGREEMENT.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) 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 CONTRACTOR, without further acknowledgment by the parties.

ARTICLE III: Compensation
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A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sum of [INSERT] Dollars ($ ........................................... ,) unless specifically approved in advance and in writing by AGENCY Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with AGENCY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR upon Agency’s confirmation of CONTRACTOR’S satisfactory completion of this AGREEMENT. At any time during the term of this AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

ARTICLE IV: Labor Code
AGENCY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and public agencies and agree to be bound by all the provisions thereof as though set forth fully herein. Full compensation for conforming to the requirements of the Labor Code and with other Federal, State and local laws related to labor, and rules, regulations and ordinances which apply to any work performed pursuant to this AGREEMENT is included in the price for all contract items of work involved.

This AGREEMENT is further subject to prevailing wage law, including, but not limited to, the following:

A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to AGENCY $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

Section D Page 43 BID NO. 24-06
B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by all of its subcontractors.

C. Pursuant to Labor Code § 1725.5, CONTRACTOR and any subcontractor must be registered with the California Department of Industrial Relations for any bid proposal submitted on or after March 1, 2015, and for any contract for public work entered into on or after April 1, 2015. Further, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

D. Pursuant to Labor Code § 1776, CONTRACTOR and any subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this AGREEMENT.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code §§ 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.

E. This AGREEMENT is further subject to 8-hour work day and wage and hour penalty law, including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination laws, as follows:

CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay.

CONTRACTOR shall forfeit as a penalty to AGENCY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.

F. This AGREEMENT is subject to Public Contract Code Section 6109: CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.

ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and Section D Page 44 BID NO. 24-06
specifications made a part of the invitation for bids. The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

B. To the extent that the work requires trenches in excess of five feet (5’) and is estimated to cost more than $25,000, prior to any excavation, CONTRACTOR must provide the AGENCY, or a registered civil or structural engineer employed by the AGENCY to whom authority has been delegated to accept such plans, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

C. This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to any trenches deeper than four feet (4’) involved in the proposed work as follows:

CONTRACTOR shall promptly, and before the following conditions are disturbed, notify AGENCY, in writing, of any:
(1) Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by all available information provided prior to the deadline for submission of bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the work, AGENCY shall issue a change order under the procedures described in this AGREEMENT.

In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT. CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

ARTICLE VI: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain, and shall require all of its subcontractors to maintain, insurance as required by Section E “Standard Specifications” of the Contract Documents.

B. This AGREEMENT is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code Sections 1860 and 1861 as follows:

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Section D Page 45 BID NO. 24-06
Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

ARTICLE VII: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend, indemnify and hold harmless AGENCY, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “Liabilities”), arising out of, in connection with, resulting from or related to, any alleged act, omission, fault or negligence of CONTRACTOR, CONTRACTOR’s Representative, or any of its officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them (Collectively, the “Indemnitors”), in connection with or relating to or claimed to be in connection with or relating to the work performed under this AGREEMENT.

CONTRACTOR shall not be entitled to any refund of attorneys’ fees, defense costs and expenses in the event that it is s adjudicated to have been non-negligent.

CONTRACTOR shall not be required to defend or indemnify AGENCY for liabilities caused by the sole active negligence or willful misconduct of the AGENCY.

If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

ARTICLE VIII: Binding Effect
AGENCY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto and to its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. This AGREEMENT is not assignable nor the performance of either party’s duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

ARTICLE IX: Dispute Resolution
A. Any court action arising out of this AGREEMENT shall be filed in the Lake County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the County of Lake.

B. AGENCY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. AGENCY shall provide timely notification to CONTRACTOR of the receipt of any third-party claim relating to this AGREEMENT. AGENCY shall be entitled to recover its reasonable costs incurred in providing the notification required by this section.

Section D Page 46 BID NO. 24-06
C. To the extent applicable, this AGREEMENT is subject to the provisions of Public Contract Code Section 9204, which mandates certain procedures regarding the resolution of public works claims.

This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

ARTICLE X: Independent Contractor
CONTRACTOR is and shall at all times remain as to AGENCY, a wholly independent contractor.

Neither AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of AGENCY.

ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this AGREEMENT. The CONTRACTOR is responsible for ascertaining and arranging to pay such taxes and duties. The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.

ARTICLE XII: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:

AGENCY: Ron Ladd CONTRACTOR: [INSERT CONTACT]
CITY OF LAKEPORT CONTRACTOR’S BUSINESS NAME
225 Park Street Mailing Address
Lakeport, CA 95453 City, State Zip Code
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives, agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be construed pursuant to the laws of the State of California.

ARTICLE XIV: Authority to Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all rights to challenge signatures on these bases.

Section D Page 47 BID NO. 24-06
ARTICLE XV: General Provisions
A. All reports, documents or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.

C. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

D. The waiver by AGENCY or CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by AGENCY or CONTRACTOR unless in writing.

E. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

F. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to CITY under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of CITY. In addition, pursuant to Government Code Section 8546.7, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of CITY or as part of any audit of CITY, for a period of three (3) years after final payment under the Agreement.

G. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.

H. Not used
Section D Page 48 BID NO. 24-06
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this Xth day of Month, 2024 (Council Action Date Here) CONTRACTOR: Contractor’s Business Name
__________________________________________
Contractor’s Sign Name, Title
Contractor’s License No. XXXXXX
Subscribed and sworn to this _______ day of _________, 20__.

NOTARY PUBLIC ______________________________________________ (SEAL) AGENCY: ______________________________ __________
City Manager Date
City of Lakeport
ATTESTED: ______________________________ __________
City Clerk of the Date
City of Lakeport

APPROVED AS
TO FORM: ______________________________ __________
City Attorney of the Date
City of Lakeport
( E X E C U T E I N D U P L I C A T E )
Section D Page 49 BID NO. 24-06

PAYMENT BOND

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
WHEREAS, the City of Lakeport, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law;
NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and AGENCY in an amount to be fixed by the court.

This bond shall inure to the benefit to any of the persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies AGENCY may have.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ________________, 2024.

Contractor* SURETY*…………………………………………
Name, Title of Signer …………………………………………
Contractor’s Business Name …………………..…………………….

Mailing Street Adress …………………………………….…..

City State, Zip Code …………………………………………
Telephone # …………………………………………
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of _____________________, 2024.

NOTARY PUBLIC .................................................................................................. (SEAL) (E X E C U T E I N D U P L I C A T E)
Section D Page 50 BID NO. 24-06

FAITHFUL PERFORMANCE BOND

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Contractor’s Business Name, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and , a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LAKEPORT, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: POTABLE WATER BACKUP POWER DESIGN, BID NO. 24-06 CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract; NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

In the event suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay all costs incurred by AGENCY in such suit, including a reasonable attorney’s fee to be fixed by the Court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this…….day of ...................................... , 2024.

Mailing Street Adress …………………………………….…..

City State, Zip Code …………………………………………
Telephone # …………………………………………

*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of ______________ , 2024.

NOTARY PUBLIC .................................................................................................. (SEAL) (E X E C U T E I N D U P L I C A T E)
Section D Page 51 BID NO. 24-06

MAINTENANCE BOND

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Lakeport, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of DESCRIBE VERBALLY; 50% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to AGENCY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the AGENCY in an amount to be fixed by the court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of ...................................... , 2024.

Mailing Street Adress …………………………………….…..

City State, Zip Code …………………………………………
Telephone # …………………………………………
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ........... day of ............................... , 2024.

NOTARY PUBLIC .................................................................................................. (SEAL) (EXECUTE IN DUPLICATE)
Section E Page 52 BID NO. 24-06

SECTION E

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA

STANDARD SPECIFICATIONS
Section E Page 53 BID NO. 24-06

SECTION E

STANDARD SPECIFICATIONS

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
0-1 STANDARD SPECIFICATIONS
Except as noted in section 0-3 below, the provisions of the 2010 Edition of the Caltrans Standard Specifications, with the latest supplements, updates, and amendments, prepared and promulgated by the California Department of Transportation, are adopted as the “Standard Specifications” for the Agency. 0-2 NUMBERING OF SECTIONS
The Special Provisions stated below will be numbered as Sections 700 through 799. Subsections of architectural work may be numbered according to the Construction Specifications Institute (“CSI”) format.
0-3 AMENDMENTS AND MODIFICATIONS
Division I “General Provisions” of the Caltrans Standard Specifications is deleted in its entirety and replaced with the following provisions. The remaining provisions of the 2010 Caltrans Standard Specifications, and any updates, supplements or amendments to those remaining provisions will remain in effect unless they conflict with other provisions set forth in this Agreement. In the event of any inconsistencies between the following Standard Specifications and those set forth in the Caltrans Standard Specifications, the following provisions shall control. 1-1 TERMS. Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-2 DEFINITIONS
Acceptance – The AGENCY’s formal written acceptance of a project that has been completed in all respects in accordance with the plans and specifications and any modifications thereof.

Addendum – Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids.

AGENCY – The City of Lakeport.

Agent – Shall include persons and companies, other than the CONTRACTOR, retained by the City to perform design and construction services in relation to the Work.

Agreement – See Contract.

Base – A layer of specified material of planned thickness placed immediately below the pavement or surfacing.

Bid – The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work.

Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative.

Board – The officer or body constituting the awarding authority of the AGENCY. The City Council.

Bond – Bid, performance, and payment bond or other instrument of security.

Section E Page 54 BID NO. 24-06
Cash Contract – A Contract financed by means other than special assessments.

Change Order – A written order to the CONTRACTOR signed by the AGENCY directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the CONTRACTOR.

City – The City of Lakeport, California, as the AGENCY and Owner.

City Council – City Council of the City of Lakeport, California.

Code – The terms Government Code, Labor Code, etc., refer to codes of the State of California.

Construction Manager – Persons and/or company retained by the City to perform construction management services.

Contract – The written agreement between the AGENCY and the CONTRACTOR covering the Work.

Contract Documents – Including, but not limited to: the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract.

CONTRACTOR – The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the AGENCY to perform the Work. In the case of work being done under permit issues by the AGENCY, the permittee shall be construed to be the CONTRACTOR. The term “prime CONTRACTOR” shall mean CONTRACTOR.

Contract Price – The total amount of money for which the Contract is awarded.

Contract Unit Price – The amount stated in the Bid for a single unit of an item of work.

County Sealer – The Sealer of Weights and Measures of the county in which the Contract is let.

Days – Days shall mean consecutive calendar’s days unless otherwise specified.

Design Engineer – Persons and/or company retained by the City to perform engineering design services.

Due Notice – A written notification, provided in due time, of a proposed action, where the contract requires such notification within a specified time (usually 48 hours or two working days) prior to the commencement of the contemplated action.

Electrolier – Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc.

Engineer – The City Engineer of the City of Lakeport, or his/her authorized representative.

Geotechnical Engineer – Person licensed to practice Soils Engineering or Geotechnical Engineering pursuant to the laws of the State of California and retained by the AGENCY during construction.

Geotextile – Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration.

House Connection Sewer – A sewer, within a public street or right-of-way, proposed to connect any parcel, lot or part of a lot with a mainline sewer.

House Sewer – A sewer, wholly within private property, proposed to connect any building to a house connection sewer.

Luminaire – The lamp housing including the optical and socket assembles (and ballast if so specified).

Luminaire Arm – The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire.

Modification – Includes Change Orders and Supplemental Agreements. A Modification may only be issued after the effective date of the Contract.

Section E Page 55 BID NO. 24-06
Notice of Award – The written notice by the AGENCY to the successful Bidder stating that upon compliance by it with the required conditions, the AGENCY will execute the Contract.

Notice to Proceed – A written notice given by the AGENCY to the CONTRACTOR fixing the date on which the Contract time will start.

Person – Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity.

Plans – The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work.

Private Contract – Work subject to AGENCY inspection, control, and approval, involving private funds, not administered by the AGENCY.

Prompt – The briefest interval of time required for a considered reply, including time required for approval by a governing body.

Proposal – See Bid.

Reference Specifications – Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date.

Roadway – The portion of a street reserved for vehicular use.

Service Connection – Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer.

Sewer – Any conduit intended for the reception and transfer of sewage and fluid industrial waste.

Special Provisions – Additions and revisions to the Standard Specifications setting for the conditions and requirements peculiar to the Work.

Specifications – Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the CONTRACTOR and the Board.

Standard – The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc.

State Standard Specifications (“SSS”) – Standard Specifications prepared by the State of California, Business and Transportation Agency, Department of Transportation.

State Standard Plans (“SSP”) – Standard Plans prepared by State of California, Business and Transportation Agency, Department of Transportation.

State – State of California.

Storm Drain – Any conduit and appurtenances intended for the reception and transfer of storm water.

Street – Any road, highway, parkway, freeway, alley, walk, or way.

Subbase – A layer of specified materials of planned thickness between a base and the subgrade.

Subcontractor – An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the Work.

Subgrade – For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other materials is placed. For structures, the soil prepared to support a structure.

Supervision – Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the AGENCY in becoming a party to the Contract. Except as specifically stated herein, supervision by the AGENCY shall not mean active and direct superintendence of details of the Work.

Supplemental Agreement – A written amendment of the Contract Documents signed by both parties.

Section E Page 56 BID NO. 24-06
Surety – Any individual, firm, or corporation, bound with and for the CONTRACTOR for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.

Tonne – Also referred to as “metric ton” — Represents a unit of measure in the International System of Units equal to 1,000 kilograms.

Utility – Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement.

Work – That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services.

Working Days – Any days, except: (1) Saturdays, Sundays, legal holidays on which Lakeport City Hall is closed for business; (2) days when work is suspended by the Engineer for reasons unrelated to the performance of the CONTRACTOR, and provided in Subsections 6-3 and 6-3.1; and (3) days determined to be non-working in accordance with Section 6-7 “Time of Completion” 1-3 ABBREVIATIONS
1-3.1 Common Usage Terms. These Standard Specifications incorporate by reference the list of common usage terms in the edition of the “Standard Plans for Public Works Construction” with the following additions:

ARAM Asphalt Rubber Aggregate Membrane
ARHM Asphalt Rubber Hot Mix
1-3.3 Institutions. These Standard Specifications incorporate by reference the list of commonly used institution terms in the edition of the “Standard Plans for Public Works Construction” (aka the Greenbook) with the following additions:

ACI American Concrete Institute
AGCA Associated General CONTRACTORs of America
APWA American Public Works Association
ASME American Society of Mechanical Engineers
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
IEEE Institute of Electric and Electronic Engineers
NFPA National Fire Protection Association
SSS State of California Standard Specifications, latest edition, Department of Transportation SSP State of California Standard Plans, latest edition, Department of Transportation.

SSPWC Standard Specifications for Public Works Construction NEMA National Electrical Manufacturers Association
Section E Page 57 BID NO. 24-06
1-4 UNITS OF MEASURE
1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications and shall be used for construction, unless otherwise stated in the Contract Documents. The International System of Units, also referred to as SI or the metric system, may be included in parenthesis. SI units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Certain materials specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures have not been included in these circumstances.

Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors.
1-4.2 Units of Measure and Their Abbreviations.

U.S. Customary Unit Equal To
(Abbreviations)
SI Unit
(Abbreviations)
1 mil (= 0.0001 in) ................................................. 25.4 micrometer (μm) 1 inch (in) .............................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................. 2.54 centimeter (cm) 1 foot (ft) ............................................................... 0.3048 meter (m) 1 yard (yd) ............................................................. 0.9144 meter (m) 1 mile (mi) ............................................................. 1.6093 kilometer (km) 1 square foot (ft2) ................................................... 0.0929 square meter (m2) 1 square yard (yd2) ................................................. 0.8361 square meter (m2) 1 cubic foot (ft3) ..................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................. 0.7646 cubic meter (m3) 1 acre ..................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................. 29.5735 milliliter (mL) 1 pound mass (lb) (avoirdupois) ............................ 0.4536 kilogram (kg) 1 ounce mass (oz) .................................................. 0.02835 kilogram (kg) 1 Ton (= 2000 lb avoirdupois) ............................... .09072 Tonne (= 907 kg) 1 Poise ................................................................... 0.1 pascal ̇second (Pa ̇s) 1 centistoke (cs) ..................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................. 4.4482 Newton (N) 1 pounds per square inch (psi) ............................... 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................ 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ..................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) .............. 1.3558 Watt (W) 1 part per million (ppm) 1 milligram /liter (mg/L)
Temperature Units and Abbreviations
Degree Fahrenheit ( ̊F): Degree Celsius ( ̊C):
̊F = (1.8 x ̊C) + 32 ̊C = (̊F – 32) / 1.8
SI Units (abbreviation) Commonly Used in Both Systems
1 Ampere (A)
1 Volt (V)
1 Candela (cd)
1 Lumen (lm)
1 second (s)
Section E Page 58 BID NO. 24-06
Common Metric Prefixes
kilo (k) ..................................................... 103 centi (c) .................................................... 10-2 milli (m) ................................................... 10-3 micro (μ) .................................................. 10-6 nano (n) .................................................... 10-9 pico (p) .................................................... 10-12 1-5 SYMBOLS
Δ Delta, the central angle or angle between tangents
∠ Angle
% Percent
′ Feet or minutes
″ Inches or seconds
1 Number
/ per or (between words)
̊ Degree
PL Property line
CL Centerline
SL Survey line or station line
SECTION 2 – SCOPE AND CONTROL OF WORK
2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instructions to Bidders, or Notice Advertising for Bids. The City reserves the right to reject any or all proposals.
2-1.1 Investigation Of Site Conditions. Prior to submittal of the bid, Bidders must visit the site of work and complete their own investigations to satisfy themselves as to the existing conditions affecting the work to be done under these specifications. If the bidder chooses not to visit the site or conduct investigations, he will, nevertheless, be charged with the knowledge of conditions which reasonable inspection and investigation would have disclosed.

After the project is awarded, the CONTRACTOR shall carefully study and compare the Contract Documents with each other and with information available to the CONTRACTOR and furnished by the Owner and shall immediately notify the Engineer of errors, inconsistencies or omissions discovered. If the CONTRACTOR performs any construction activity knowing it involves a recognized error, inconsistency or omission in the Contract Documents without such notice to the Engineer, the CONTRACTOR shall assume appropriate responsibility for such performance and may assume responsibility for the full costs for correction.

The CONTRACTOR shall make field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to the CONTRACTOR with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the Engineer immediately.

When existing conditions are encountered which, in the opinion of the Engineer, require temporary suspension of work for design modifications or for other determinations to be made, the CONTRACTOR shall move to other areas of work until such determinations are made at no cost to the City. No additional compensation will be allowed by reason of such temporary suspension of work, or modifications to work, except as noted in Section 3 of these Standard Specifications (“Changes in Work”) for specific items of work not included in the bid. Appropriate extension of item for completion may be allowed where justification in the opinion of the Engineer.

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2-1.2 Award of Contract. The Contract will be awarded, if at all, to the lowest responsible and responsive Bidder determined as provided on the Proposal Form, whose proposal complies with all the requirements prescribed. Such award, if made, will be made within the number of days stated in the proposal form. Refusal or failure to deliver the executed contract, bonds, or insurance in the form provided in the Contract and approved by the AGENCY’s attorney within the time provided herein shall be cause, at the AGENCY’s option, for the annulment of the award and forfeiture of the bid security. In such event, the AGENCY may successively award the Contract to the next lowest responsible and responsive Bidder until a properly executed Contract, bonds, and insurance is obtained, or it may at any time reject all remaining bids and proceed as provided by law. The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the AGENCY’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the AGENCY and the concerned Bidder.

The AGENCY reserves the right to waive any irregularities.

Within ten (10) calendar days after the date of the Notice of Award, the CONTRACTOR shall execute and return the following contract documents to the AGENCY:

Contract Agreement (in duplicate)
Faithful Performance Bond (in duplicate)
Maintenance Bond (in duplicate)
Payment Bond (in duplicate)
Public Liability and Property Damage Insurance Certificate (two original) Additionally Insured Endorsement
Workers’ Compensation Insurance Certificate (two original) A corporation to which an award is made may be required, before the Contract agreement is executed by the AGENCY, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the City, except that the CONTRACTOR may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the City Council to the Extent permitted by law.

Any assignment of money shall be subject to all property withholdings in favor of the AGENCY and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the AGENCY for completion of the Work, should the CONTRACTOR be in default. 2-3 SUBCONTRACTS.
2-3.1 General. Each Bidder shall comply with the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information:

The Bidder shall set forth in the Bid, as provided in 4104:
“(a) 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 improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime CONTRACTOR, specially fabricates and installs a portion of the work or improvement Section E Page 60 BID NO. 24-06
according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 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 1 percent of the prime CONTRACTOR’s total bid or ten thousand dollars ($10,000), whichever is greater.” “(b) The portion of the work which will be done by each such subcontractor under this act. The prime CONTRACTOR shall list only one subcontractor for each such portion as is defined by the prime CONTRACTOR in his bid.”
Subcontracting of more than one-half of one percent of the work for which no Subcontractor was designated in the original Bid will be allowed only in cases of public emergency or necessity and only after the Engineer makes a written finding of circumstances constituting public emergency or necessity.

The CONTRACTOR must obtain written consent of the City to substitute a Subcontractor designated in the original Bid, to permit any subcontract to be assigned or transferred, or to otherwise allow a subcontract to be performed by anyone other than the originally designated Subcontractor.

A violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract and collect appropriate damages or assess the CONTRACTOR a penalty of not more than ten (10) percent of the subcontract involved.

If subcontracted work is not being performed in a satisfactory manner, the City will notify the CONTRACTOR of the need to take corrective action and the Engineer may report the facts to the City’s Public Works Director. Upon order by City’s Public Works Director and the CONTRACTOR’s receipt of written instructions from the Engineer, the Subcontractor shall immediately be removed from the Work and may not again be employed on the Work. 2-3.2 Additional Responsibility. The CONTRACTOR shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control.

The CONTRACTOR shall perform, with its own organization, Contract work amounting to at least thirty (30) percent of the Contract Price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed may be deducted from the Contract Price before computing the amount required to be performed by the CONTRACTOR with its own organization. “Specialty Items” will be identified by the AGENCY in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the CONTRACTOR, and subject to approval by the Engineer.

Before the work of any Subcontractor is started, the CONTRACTOR shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. All persons engaged in the Work, including Subcontractors and their employees, will be considered employees of the CONTRACTOR. The CONTRACTOR will be held responsible for their work. The AGENCY will deal directly and solely with the CONTRACTOR and make all payments to the CONTRACTOR.

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2-4 CONTRACT BONDS.

Before execution of the Contract, the Bidder shall file surety bonds with the AGENCY to be approved by the City in the amounts and for the purposes noted below. Bond issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the AGENCY. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660(a). The Bidder shall pay all bond premiums, costs, and incidentals.

Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized.

The Bidder shall provide two good and sufficient surety bonds. The “Payment Bond” (Materials and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of materials suppliers and mechanics and laborers employed by it on the Work, The bond shall be maintained by the CONTRACTOR in full force and effect until the Work is accepted by the AGENCY and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.

The “Performance Bond” shall be for 100 percent of the Contract Price to guaranty faithful performance of all work, within the time prescribed, in manner satisfactory to the AGENCY, and that all materials and workmanship will be free from original or developed defects. The bond must remain in effect until the end of all warranty periods set forth in the Contract.

Should any bond become insufficient, the CONTRACTOR shall renew the bond within 10 days after receiving notice from the AGENCY.

Should any Surety at any time be unsatisfactory to the City Council, notice will be given the CONTRACTOR to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the City.

Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the CONTRACTOR or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.

The PAYMENT BOND shall remain in force until thirty-five (35) calendar days after the date of recordation of the Notice of Completion. The FAITHFUL PERFORMANCE BOND shall remain in force until the date of recordation of the Notice of Completion. The MAINTENANCE BOND shall remain in force until one (1) year after the date of recordation of the Notice of Completion.

All bonds must be accompanied by a Power of Attorney.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General. The CONTRACTOR shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times.

The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both.

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The Plans shall be supplemented by such working drawings and shop drawings are necessary to adequately control the Work.

The CONTRACTOR shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid.

Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the CONTRACTOR.

The CONTRACTOR shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer.

All final locations determined in the field, and any deviations from the Plans and Specification, shall be marked in red on the documents to show the as-built conditions. CONTRACTOR shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the Engineer. Upon completion of the Project, CONTRACTOR shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted changes “the Project was constructed in conformance with the Contract Documents.” Final payment will not be made until this requirement is met.

As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale. Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the CONTRACTOR shall apply to the Engineer for such further explanations as necessary, and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.

Caution: The engineer preparing these plans will not be responsible or liable for unauthorized changes to or uses of these plans. All changes to the plans must be approved in writing by the Engineer.
2-5.1.1 Records Of Construction Changes/As-Builts. CONTRACTOR shall maintain a complete and accurate record of all changes of construction from that shown in these Plans and Specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the City Engineer.

Upon completion of the Project, CONTRACTOR shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted changes that Project was constructed in conformance with the Contract Documents.

Caution: The engineer preparing these Plans will not be responsible for, or liable for, unauthorized changes to or uses of these Plans. All changes to the Plans must be approved in writing by City Engineer.
2-5.2 Precedence of Contract Documents. If there is a conflict between any of the Contract Documents, the document highest in precedence shall control. The precedence shall be as follows:

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1) Permits issued by jurisdictional regulatory agencies. 2) Change Orders and/or Supplemental Agreements; whichever occurs last. 3) Contract/Agreement
4) Addenda.
5) Bid/Proposal.
6) Special Provisions.
7) Plans.
8) Standard Plans.
9) Standard Specifications.
10) Reference Specifications.

Detail drawings take precedence over general drawings.
2-5.3 Submittals.
2-5.3.1 General. Submittals shall be provided, at the CONTRACTOR’s expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer.

Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required be performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the CONTRACTOR from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The CONTRACTOR shall be responsible for the correctness of the submittals.

The CONTRACTOR shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal.
2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the CONTRACTOR. Working drawings shall be of a size and scale to clearly show all necessary details.

Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the CONTRACTOR. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the CONTRACTOR and retain the remaining copies and the reproducible.

Working drawings are required in the following subsections:

No working drawings anticipated.

Working drawings listed above as Items [insert #’s] shall be prepared by a Civil or Structural Engineer registered by the State of California.
2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions.

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2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verifications of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer.

Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the CONTRACTOR.

Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions:
1) List of Subcontractors per 2-3.2.
2) List of Materials per 4-1.4.
3) Certifications per 4-1.5.
4) Construction Schedule per 6-1.
5) Confined Space Entry Program per 7-10.4.4.
6) Concrete mix designs per 201-1.1
7) Asphalt concrete mix designs per 203-6.1.
8) Data, including, but not limited to, catalog sheets, manufacturer’s brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-6 WORK TO BE DONE. The CONTRACTOR shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the CONTRACTOR shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work.

Any plan or method of work suggested by the AGENCY or the Engineer to the CONTRACTOR but not specified or required, if adopted or followed by the CONTRACTOR in whole or in part, shall be used at the risk and responsibility of the CONTRACTOR; and the AGENCY and the Engineer shall assume no responsibility therefore and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work.
2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidder or the CONTRACTOR at their own expenses.
2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the AGENCY. Unless otherwise provided, the CONTRACTOR shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The CONTRACTOR shall indemnify and hold the AGENCY harmless from all claims for damages caused by such actions.

When the CONTRACTOR arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the AGENCY with proof that the additional work areas and/or facilities have been left in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work.

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2-9 SURVEYING. The CONTRACTOR will provide all necessary construction surveying, staking or markings for locating the limits of construction and shall comply with the provisions of 2-9 of these Standard Specifications. The CONTRACTOR shall bear all costs for restaking or marking.

Construction surveys shall be done only under the direction of the Engineer by a Registered (licensed) Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state. The AGENCY will provide available record map information. The CONTRACTOR is responsible for obtaining all necessary record maps, centerline ties and survey notes from Lake County.

The CONTRACTOR and his surveyor shall provide the Engineer with a copy of the constructing staking field notes used to construct the improvements. In addition the CONTRACTOR shall also prove a plot of the improvements to be constructed based on the surveyor’s construction staking and markings prior to the installation of the improvements. The plot shall be the same scale as the improvement plans. 2-9.1 Permanent Survey Markers. The CONTRACTOR shall notify the Engineer, or the owner on a Private Contract, at least 7 days before starting work to allow for the preservation of survey monuments, lot stakes (tagged), and bench marks.

The CONTRACTOR shall protect existing survey monuments, if any exist within the work limits, during the entire project. Asphalt overlaying of existing survey monuments in the roadway will not be permitted. In the event a surveyed monument lies within an area to be cold planed, removed or reconstructed, the CONTRACTOR shall immediately notify the AGENCY’s representative and protect said monument until the monument is relocated.

The CONTRACTOR shall reestablish destroyed survey monuments at the CONTRACTOR’s expense.

The Engineer, or the owner at its cost, shall file a Corner Record Form referencing survey monuments subject to disturbance in the Office of the County Surveyor prior to the start of construction and also prior to the completion of construction for the replacement of survey monuments. The CONTRACTOR shall not disturb survey monuments, lot stakes (tagged), or bench marks without the consent of the Engineer or the owner on Private Contracts. The CONTRACTOR shall bear the expense of replacing any that may be disturbed without permission. Replacement shall be done only under the direction of the Engineer by a Registered (licensed) Licensed Land Surveyor or a Registered Civil Engineer authorized to practice land surveying within the state.

When a change is made in the finished elevation of the pavement of any roadway in which a permanent survey monument is located, the CONTRACTOR shall adjust the monument cover to the new grade within 7 days of finished paving unless otherwise specified. 2-9.2 Survey Service. The Engineer will oversee surveying adequate for construction. The CONTRACTOR shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the CONTRACTOR at his expense.

The CONTRACTOR shall notify the Engineer in writing at least 2 working days before survey services take place for the laying out of any portion of the Work. The CONTRACTOR shall dig all holes necessary for line and grade stakes.

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Unless otherwise specified, stakes will be set and stationed by the CONTRACTOR for curbs, headers, sewers, storm drains, structures, and rough grade. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet. 2-9.3 Line and Grade. The CONTRACTOR shall be responsible for all survey and layout of work.

The line and grades for construction will be parallel to and offset from the position of the work. From the established lines and grades, the CONTRACTOR shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same.

All work shall conform to the lines, elevations, and grades shown on the Plans.

Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the CONTRACTOR shall be responsible for any error in the grade of the finished work.

Grades for underground conduits will be set at the surface of the ground. The CONTRACTOR shall transfer them to the bottom of the trench.
2-10 AUTHORITY OF PUBLIC WORKS DIRECTOR AND ENGINEER. The Public Works Director has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The CONTRACTOR shall promptly comply with instructions from the Engineer or an authorized representative.

The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of materials, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the City Council.
2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The CONTRACTOR shall notify the Engineer before noon of the working day before inspection is required.

Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The CONTRACTOR shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the CONTRACTOR of the obligation to fulfill all conditions of the Contract.

The AGENCY shall inspect for compliance with requirements for 8-hour days and 40-hour weeks on normal working days. The CONTRACTOR shall reimburse the AGENCY, at rates established by the AGENCY, for any additional inspection, including inspection on legal holidays.

SECTION 3 – CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.
3-1.1 General. Changes in the Plans and Specifications, requested in writing by the CONTRACTOR, which do not materially affect the Work and which are not detrimental to the Work or to the interests Section E Page 67 BID NO. 24-06
of the AGENCY, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the CONTRACTOR to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the CONTRACTOR. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the AGENCY. 3-2 CHANGES INITIATED BY THE AGENCY.
3-2.1 General. The AGENCY may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the CONTRACTOR and AGENCY, unless both parties agree to proceed with the change by Change Order.

Change Orders shall be in writing and state the dollar value of the change or establish the method of payment, any adjustment in the Contract time of completion, and when negotiated prices are involved, shall provide for the CONTRACTOR’s signature indicating acceptance. 3-2.2 Contract Unit Prices.
3-2.2.1 General. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price.

If the actual quantity of an item of work covered by Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 25 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 25 percent, payment will be made per 3-2.2.2 or 3-2.2.3 as appropriate.

If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per 3-2.4. 3-2.2.2 Increases of More than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 25 percent, payment for the quantity in excess of 125 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the CONTRACTOR and the AGENCY, or at the option of the Engineer, on the basis of Extra Work per 3.3.

The Extra Work per 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the CONTRACTOR through payment for 125 percent of the Bid quantity at the Contract Unit Price.
3-2.2.3 Decreases of More Than 25 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 75 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the CONTRACTOR. If the CONTRACTOR so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to Section E Page 68 BID NO. 24-06
by the CONTRACTOR and the AGENCY, or at the option of the Engineer, on the basis of Extra Work per 3.3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price.
3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the AGENCY in the Contract Documents. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions.
3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per 3-2.2, established by mutual agreement between the CONTRACTOR and the AGENCY. If mutual agreement cannot be reached, the Engineer may direct the CONTRACTOR to proceed on the basis of Extra Work in accordance per 3-3, except as otherwise specified in 3-2.2.2 and 3-2.2.3.
3-2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the CONTRACTOR for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination.

If material conforming to the Plans and Specifications is ordered by the CONTRACTOR for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for the material cannot be canceled, payment will be made to the CONTRACTOR for the actual cost of the materials. In this case, the material shall become the property of the AGENCY. Payment will be made to the CONTRACTOR for its actual costs for any further handling. If the material is returnable, the materials shall be returned and payment will be made to the CONTRACTOR for the actual cost of charges made by the supplier for returning the material and for handling by the CONTRACTOR.

Actual costs, as used herein, shall be computed on the basis of Extra Work per 3-3. 3-3 EXTRA WORK.
3-3.1 General. New or unforeseen work will be classified as “extra work” when the Engineer determines that it is not covered by the Contract Unit Prices or stipulated unit prices. 3-3.2 Payment.
3-3.2.1 General. When the price for the extra work cannot be agreed upon, the AGENCY will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs.
(a) Labor. The costs of labor will be the actual costs for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collection bargaining agreements.

The use of a labor classification which would increase the extra work cost will not be permitted unless the CONTRACTOR establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the Section E Page 69 BID NO. 24-06
invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid.

Non-direct labor costs, including superintendence, shall be considered part of the markup of 3-3.2.3(a).
(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery.

The AGENCY reserves the right to approve materials and sources of supply, or to supply materials to the CONTRACTOR if necessary for the progress of the Work. No markup shall be applied to any materials provided by the AGENCY.
(c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $500.00 or less.

Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.

The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included.

If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the AGENCY than holding it at the Work site, it shall be returned, unless the CONTRACTOR elects to keep it at the Work site, at no expense to the AGENCY.

All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer’s ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The AGENCY may authorize other items which may be required on the extra work, including labor, services, materials, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the CONTRACTOR of Subcontractors.

Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors’ invoices for materials, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the AGENCY may establish the cost of the item involved at the lowest price which was current at the time of the report.

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3-3.2.3 Markup.
(a) Work by CONTRACTOR. Unless otherwise provided in the Special Provisions, a reasonable allowance for overhead and profit shall be added to the CONTRACTOR’s costs as determined under 3-3.2.2 and shall constitute the markup for all overhead and profit on work by the CONTRACTOR. The CONTRACTOR shall also be compensated for the actual increase in the CONTRACTOR’s bond premium caused by the extra work. (b) Work by Subcontractor. When any of the extra work is performed by a Subcontractor, the markup established in 303.2.3(a) shall be applied to the Subcontractor’s costs as determined under 3-3.2.2. Unless otherwise provided in the Special Provisions, a reasonable allowance for the CONTRACTOR’s overhead and profit shall be added to the sum of the Subcontractor’s costs and markup and shall constitute the markup for all overhead and profit for the CONTRACTOR on work by the Subcontractor.
3-3.3 Daily Reports by CONTRACTOR. When the price for the extra work cannot be agreed upon, the CONTRACTOR shall submit a daily report to the Engineer on forms approved by the AGENCY. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the CONTRACTOR. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the CONTRACTOR.

The report shall:

1. Show names of workers, classifications, and hours worked.

2. Describe and list quantities of materials used.

3. Show type of equipment, size, identification number, and hours of operations, including loading and transportation, if applicable.

4. Describe other services and expenditures in such detail as the AGENCY may require. 3-4 CHANGED CONDITIONS. The CONTRACTOR shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed.

1. Subsurface or latent physical conditions differing materially from those represented in the Contract;

2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

3. Material differing from that represented in the Contract which the CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that the conditions are changed conditions and will materially affect costs, a Change Order will be issued adjusting the compensation for such portion of the Work in accordance with 3-2.2. If the Engineer determines that conditions are changed conditions and they will materially affect performance Section E Page 71 BID NO. 24-06
time, the CONTRACTOR, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6.

If the Engineer determines that the conditions do not justify an adjustment in compensation, the CONTRACTOR will be notified in writing. This notice will also advise the CONTRACTOR of its obligation to notify the Engineer in writing if the CONTRACTOR disagrees.

Should the CONTRACTOR disagree with the decision, it may submit a written notice of potential claim to the Engineer before commencing the disputed work. In the event of such a dispute, the CONTRACTOR shall not be excused from any scheduled completion date provided by the Contract and shall proceed with all work to be performed under the Contract. However, the CONTRACTOR shall retain any and all rights provided by either Contract or law which pertain to the resolution of disputes and protests between the contracting parties. The CONTRACTOR shall proceed as provided in 3-5.

The CONTRACTOR’s failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. 3-5 DISPUTED WORK. If the CONTRACTOR and the AGENCY are unable to reach agreement on disputed work, the AGENCY may direct the CONTRACTOR to proceed with the work. Payment shall be as later determined by mediation or arbitration, if the AGENCY and CONTRACTOR agree thereto, or as fixed in a court of law.

Although not to be construed as proceeding under extra work provisions, the CONTRACTOR shall keep and furnish records of disputed work in accordance with 3-3.

SECTION 4 – CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1 General. All materials, parts, and equipment furnished by the CONTRACTOR in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Materials and work quality shall be subject to the Engineer’s approval.

Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the CONTRACTOR, at its expense, when so directed by the Engineer.

If the CONTRACTOR fails to replace any defective or damaged work or materials after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the CONTRACTOR.

Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications.

The CONTRACTOR and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. The CONTRACTOR, at no cost to the AGENCY, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become Section E Page 72 BID NO. 24-06
evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the CONTRACTOR shall also restore to full compliance with the requirements of this Contract any portion of the Work which is found not to meet those requirements. The CONTRACTOR shall defend, indemnify, and hold the AGENCY, its officers, agents, and employees harmless from claims of any kind due to injuries or damages arising, directly or indirectly, from said defects or noncompliance.

The CONTRACTOR shall make all repairs, replacements, and restorations within thirty-five (35) days after the date of the Engineer’s written notice.

If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the AGENCY shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions thereof in the payments due or to become due to the CONTRACTOR as the AGENCY may deem just and reasonable.
4-1.2 Protection of Work and Materials. The CONTRACTOR shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The CONTRACTOR shall also adequately protect new and existing work and all items of equipment for the duration of the Contract.

The CONTRACTOR shall not, without the AGENCY’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract.
4-1.3 Inspection Requirements.
4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.

Steel pipe in sizes less than 450 mm (18 inches) and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the specifications, subject to sampling and testing by the AGENCY. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. 4-1.3.2 Inspection of Materials Not Locally Produced. When the CONTRACTOR intends to purchase materials, fabricated products, or equipment from sources located more than 80 km (50 miles) outside the geographical limits of the AGENCY, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the CONTRACTOR at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The CONTRACTOR shall forward reports required by the Engineer. No materials or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the Section E Page 73 BID NO. 24-06
approved agent. Approval by said agent shall not relieve the CONTRACTOR of responsibility for complying with the Contract requirements.
4-1.3.3 Inspection by the AGENCY. The AGENCY will provide all inspection and testing laboratory services within 80 km (50 miles) of the geographical limits of the AGENCY. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee.
4-1.4 Test of Materials. Before incorporation in the Work, the CONTRACTOR shall submit samples of materials, as the Engineer may require, at no cost to the AGENCY. The CONTRACTOR, at his expense, shall deliver the materials for testing to the place and at the time designated by the Engineer.

Except as elsewhere specified, the AGENCY will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The CONTRACTOR shall bear the cost of all other tests, including the retesting of material or workmanship that fails to pass the first test.

The CONTRACTOR shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material.

If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the CONTRACTOR’s responsibility to renotify the Engineer when samples which are representative may be obtained.

There will be inspection of this project to ensure strict adherence to these specifications. During the course of work, CONTRACTOR shall be responsible for calling the Project Engineer for testing and inspection (48) hours in advance. Work not properly tested and inspected will be subject to rejection.

Any work done in unauthorized areas or in a manner unacceptable to the inspector may not be accepted and/or paid for.
4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer’s written certification that the materials to be supplied meet those requirements. Materials test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The CONTRACTOR may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination.

Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The CONTRACTOR may offer any material, process, or equipment considered to be equivalent to that indicated.

The CONTRACTOR shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The CONTRACTOR shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function.

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Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer’s findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer.

If a substitute offered by the CONTRACTOR is not found to be equal to the specified material, the CONTRACTOR shall furnish and install the specified material.

The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section.

Along with information supplied by the CONTRACTOR regarding equivalency of the proposed item, the CONTRACTOR shall clearly identify all deviations from the specified item. Deviations discovered by the Engineer after acceptance of an “or equal” item which were not identified by the CONTRACTOR with his/her submittal shall be cause for rejection of the “or equal” item.

CONTRACTOR shall be due no additional compensation in time or money for acceptance or rejection of a proposed “or equal” item and subsequent replacement with the item specified.

CONTRACTOR shall pay cost to AGENCY for items requiring more than two submittals and analysis of any shop drawing which requires more than a general review of an “or equal” item. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County.

The accuracy of the work of a scale service CONSULTANT, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the AGENCY.

All scales shall be arranged so they may be read easily from the operator’s platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down.

Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch.
4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing CONSULTANT acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the AGENCY and the CONTRACTOR will initiate an immediate and cooperative investigation. Test values of materials are results of the materials’ tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists Section E Page 75 BID NO. 24-06
whenever work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the AGENCY and the CONTRACTOR, the contradiction shall be considered resolved and the cooperative investigation concluded.

Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient’s agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the AGENCY and the CONTRACTOR will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the AGENCY and the CONTRACTOR shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the proposed engineers in a blind draw.

The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary.

Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion.

Once started, the resolution process by committee shall continue to full conclusion unless:

1. Within 7 days of the formation of the committee, the AGENCY and the CONTRACTOR reach an acceptable resolution mechanism; or

2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or

3. At any point by the mutual agreement of the AGENCY and the CONTRACTOR.

Unless otherwise agreed, the CONTRACTOR shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the AGENCY or the CONTRACTOR, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally.

Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded.

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SECTION 5 – UTILITIES
5-1 LOCATION. The Permittee (in the case of Private Contracts) and the AGENCY, will search known substructure records and furnish the CONTRACTOR with copies of documents which describe the location of utility substructures, or will indicate on the Plans for the project those substructures (except for service connections) which may affect the Work. Information regarding removal, relocation, abandonment, or installation of new utilities will be furnished to prospective bidders.

Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the CONTRACTOR shall assume that every property parcel will be served by a service connection for each type of utility.

As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the CONTRACTOR shall contact the regional notification center (Underground Service Alert of Northern California) and obtain an inquiry identification number.

The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The CONTRACTOR shall contact it for location of is subsurface installations.

The CONTRACTOR shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations.

If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-1.1 Mandatory Notification Prior To Excavation. The Contractor’s attention is directed to Section 4215.5 through 4217 of the Government Code of the State of California. This requires that two (2) working days prior to commencing any excavation “Underground Service Alert of Northern California” (USA) shall be notified by phone, toll free 1-800-227-2600, for the assignment of an Inquiry Identification Number.

Construction CONTRACTOR shall contact all utility companies at least five (5) working days prior to commencing work and shall verify the location of any known utilities and determine whether or not a representative of each company will be present during excavation.

The known public utilities contacts are:

City of Lakeport Municipal Sewer District No. 1 – sewer and storm drain City of Lakeport – water
PG&E – gas and electric
AT&T – telephone and fiber optic
Mediacom Broadband – cable and fiber optic
The CONTRACTOR shall coordinate construction with public utility relocation activities.

The existing subsurface utilities shown have been indicated, based on the best available record information. However, to avoid or resolve any interference problems between these existing utilities and the proposed work, the CONTRACTOR shall field verify the vertical and horizontal locations of Section E Page 77 BID NO. 24-06
all utilities, such as water lines and water services, electronic conduits, telephone and television cable, storm drain facilities, and all other facilities and obstructions prior to beginning any excavations. If conflicts exist, revised grades and/or alignments may be established, if required. Such field verification shall require exposing these utilities prior to the start of construction.

Special reference is hereby made to Section 5-2, “Protection,” of these Standard Specifications with respect to the protection, repair, and replacement of existing subsurface utilities.

Additionally, the CONTRACTOR shall also notify the following local entities of his/her schedule fourteen (14) days prior to commencing work, including local refuse collectors, street sweepers, the Post Office, Public Schools, and Bus Companies:

City of Lakeport Police and Fire Department
City of Lakeport Public Works Department
CalFire
Lakeport Fire District
Lakeport Unified School District
Lake County Transit
No excavation shall commence unless the CONTRACTOR has obtained the USA Inquiry Identification Number.
5-1.2 Accuracy Of Utilities Information. The locations of known existing major utilities, whether above ground or underground, are indicated on the plans. Information and data reflected in the Contract Documents with respect to underground and above ground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such utilities, and the City does not assume responsibility for the accuracy or completeness thereof. The CONTRACTOR shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary.

The CONTRACTOR shall be responsible for determining the location and depth of all underground facilities, including service connections, which may affect or be affected by his/her operations and he/she shall include the cost to pothole all utilities within the limits of work in his/her bid. If an existing utility line, which has been marked by Underground Service Alert or is shown on the plans, is damaged by the CONTRACTOR, the CONTRACTOR shall repair the line and bear the cost thereof.

CONTRACTOR shall be aware that electrical conduits between street and traffic lights may exist beneath pavement and/or sidewalk in areas where such lights are in place and that said conduits are not shown on these plans.

In the event that the CONTRACTOR damages any existing utility lines that are not shown, shown incorrectly or the locations of which are not made known to the CONTRACTOR prior to excavation, a telephone call and written report shall be made immediately to the Utility owner, the Engineer, and to the City. If directed by the City, the CONTRACTOR shall make repairs under the provisions for changes and extra work contained in SECTION 3 - CHANGES IN WORK of these Standard Specifications.
5-2 PROTECTION.

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Excavation, trenching, bedding and backfill construction shall be in accordance with the Contract Documents, applicable City requirements, the Standard Specifications, and the project drawings. All trenching including that for water, sewer, storm drain and utility conduits and all service connections and meter boxes (not permitted in driveways) shall be completed and inspected and approved by the agency having jurisdiction, and the structural backfill inspected and tested for compaction and approved before aggregate base, paving, and other permanent surface construction may commence.

The CONTRACTOR shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the AGENCY. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff.

Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with 5-1, the CONTRACTOR shall, unless otherwise provided, furnish and place the necessary protection at its expense.

Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the CONTRACTOR shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in 3-3.

The CONTRACTOR shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The CONTRACTOR shall bear the costs of repair or replacement of any utility damaged.

Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the CONTRACTOR’s operations, the CONTRACTOR shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system.
5-3 REMOVAL. Unless otherwise specified, the CONTRACTOR shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as “abandoned” or “to be abandoned in place”. Before starting removal operations, the CONTRACTOR shall ascertain from the AGENCY whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the CONTRACTOR. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the AGENCY will conduct all negotiations with the owners and work will be done at no cost to the CONTRACTOR. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation.

After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with 3-3.

When the Plans of Specifications provide for the CONTRACTOR to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work.

Temporary or permanent relocation or alteration of utilities requested by the CONTRACTOR for its convenience shall be its responsibility and it shall make all arrangements and bear all costs.

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The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When not otherwise required by the plans and specifications and when directed by the Engineer, the CONTRACTOR shall arrange for the relocation of service connections as necessary between the meter and property line, or between the meter and limits of construction. The relocation of such service connections will be paid for in accordance with provisions of 3-3. Payment will include the restoration of all existing improvements which may be affected thereby.

The CONTRACTOR may agree with the owner of any utility to disconnect and reconnect interfering service connections. The AGENCY will not be involved in any such agreement. 5-5 DELAYS. The CONTRACTOR shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in 6-1. The CONTRACTOR shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities.

The CONTRACTOR will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with 5-1.

The CONTRACTOR may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans.

The AGENCY will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in Contract Documents. The CONTRACTOR will not be assessed liquidated damages for any delay caused by failure of AGENCY to provide for the timely removal, relocation, or protection of such existing facilities.
5-6 COOPERATION. When necessary, the CONTRACTOR shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work.

SECTION 6 – PROSECUTION, PROGRESS, AND

ACCEPTANCE OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.1 Pre-Construction Meeting And Submittal. A pre-construction meeting will be conducted by the City prior to commencement of construction at a time and place designated by the City. Those attending the meeting shall include, but not be limited to, the following:
a. The CONTRACTORs representative(s)
b. Sub-CONTRACTORs representative(s), if needed
c. City of Lakeport Director of Public Works
d. City of Lakeport Project Manager
e. The Design Engineers
f. The Construction Engineers
g. The affected utility companies’ representatives
h. City of Lakeport Public Works Inspectors
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i. Caltrans’ inspector and/or representative(s) if applicable One week prior to this meeting the CONTRACTOR shall submit the following:

1. Construction Schedule

2. Traffic Control Plan

3. Emergency Contact List

4. List of Subcontractors

5. Water Pollution Control Plan (WPCP)
6-1.2 CONSTRUCTION SCHEDULE. After notification of award and prior to start of any work, the CONTRACTOR shall submit its proposed construction schedule to the Engineer for approval.

The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the project. These include, but are not limited to: estimated starting and completion dates of various activities, submittal of shop drawings to the Engineer for approval, procurement of materials and scheduling of equipment. The construction schedule shall recognize the requirements of 5-5 and reflect completion of all work under the Contract within the specified time and in accordance with the Specifications.

Unless otherwise provided, the Contract time shall commence upon the date of issuance of a notice to proceed. The Work shall start within 15 days thereafter, and be diligently prosecuted to completion within the time provided in the Specifications.

If the CONTRACTOR desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress, the CONTRACTOR shall submit to the Engineer a revised construction schedule in advance of beginning revised operations.

The Engineer may waive these requirements.

Prior to issuing the Notice to Proceed, the Engineer will schedule and conduct a pre-construction meeting with the CONTRACTOR to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. 6-1.3 Emergency Contact List. The CONTRACTOR shall provide the following information in writing and submit it with the signed contract, contract bonds and certificates of insurance. Failure to comply may result in delays in the processing of the contract documents.

1. Name of authorized representative at the job site.

2. Address and telephone number where the above person can be reached 24 hours a day.

3. Address of the nearest office of the CONTRACTOR, if any, and the name and telephone number of a person at that office who is familiar with the project.

4. Address and telephone number of the CONTRACTOR’s main office and the name and telephone number of the person at that office familiar with the project. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the CONTRACTOR shall diligently prosecute the Work to completion. If the Engineer determines that the CONTRACTOR is failing to prosecute the Work to the proper extent, the CONTRACTOR shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the CONTRACTOR’s Bid. Should the CONTRACTOR fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Section E Page 81 BID NO. 24-06
AGENCY may suspend the work in whole or in part, until the CONTRACTOR takes said steps at no cost to the AGENCY.

As soon as possible under the provisions of the Specifications, the CONTRACTOR shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work.

If Work is suspended through no fault of the AGENCY, all expenses and losses incurred by the CONTRACTOR during such suspensions shall be borne by the CONTRACTOR. If the CONTRACTOR fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the AGENCY may elect to do so, and deduct the cost thereof from monies due the CONTRACTOR. Such actions will not relieve the CONTRACTOR from liability.

The CONTRACTOR shall submit monthly progress reports to the Engineer by the tenth day of each month. The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.
6-3 SUSPENSION OF WORK.
6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the AGENCY. The CONTRACTOR shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the CONTRACTOR on the part of the AGENCY except as otherwise specified in 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the CONTRACTOR shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer.

Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils.

The CONTRACTOR shall be entitled to an extension of time and compensation in accordance with the provisions of 6-6.
6-4 DEFAULT BY CONTRACTOR. If the CONTRACTOR fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the AGENCY’s interest, or, if the CONTRACTOR is not carrying out the intent of the Contract, the AGENCY may serve written notice upon the CONTRACTOR and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.

The Contract may be canceled by the City Council without liability for damage, when in the City Council’s opinion the CONTRACTOR is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City Council’s consent. In the event of such cancellation, the CONTRACTOR will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the AGENCY by acts of the CONTRACTOR. The CONTRACTOR, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the AGENCY declares the Contract canceled for any of the above reasons, written notice to that Section E Page 82 BID NO. 24-06
effect shall be served upon the Surety. The Surety shall, within 5 days, assume control and perform the Work as successor to the CONTRACTOR.

If the Surety assumes any part of the Work, it shall take the CONTRACTOR’s place in all respects for that part, and shall be paid by the AGENCY for all work performed by it in accordance with the Contract.

If the Surety assumes the entire Contract, all money due the CONTRACTOR at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract.

If the Surety does not assume control and perform the Work within 5 days after receiving a notice of cancellation, or fails to continue to comply, the AGENCY may exclude the Surety from the premises. The AGENCY may then take possession of all material and equipment and complete the Work by AGENCY forces, by letting the unfinished Work to another CONTRACTOR, or by a combination of such methods.

In any event, the cost of completing the Work shall be charged against the CONTRACTOR and its Surety and may be deducted from any money due or becoming due from the AGENCY. If the sums due under the Contract are insufficient for completion, the CONTRACTOR or Surety shall pay to the AGENCY within 5 days after the completion, all costs in excess of the sums due.

The provisions of this subsection shall be in addition to all other rights and remedies available to the AGENCY under law.
6-5 TERMINATION OF THE CONTRACT. The City Council may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the AGENCY is prevented from proceeding with the Contract by act of God, by law, o9r by official action of a public authority.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General. If delays are caused by unforeseen events beyond the control of the CONTRACTOR, such delays will entitle the CONTRACTOR to an extension of time as provided herein, but the CONTRACTOR will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications.

No extension of time will be granted for a delay caused by the CONTRACTOR’s inability to obtain materials unless the CONTRACTOR furnishes to the Engineer documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the CONTRACTOR’s operations and the approved construction schedule.

If delays beyond the CONTRACTOR’s control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the AGENCY. The CONTRACTOR will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3.

If delays beyond the CONTRACTOR’s control are caused solely by action or inaction by the AGENCY, such delays will entitle the CONTRACTOR to an extension of time as provided in 6-6.2. 6-6.1.1 Notice of Delays. Whenever the CONTRACTOR foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the CONTRACTOR regards as unavoidable, he/she shall notify the Engineer in writing of the Section E Page 83 BID NO. 24-06
probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The CONTRACTOR shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay. 6-6.1.2 Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the CONTRACTOR of his/her subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other CONTRACTORs employed by the AGENCY and/or other CONTRACTORs working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate or incomplete shop drawing submittals; and 5) Interference of other CONTRACTORs performing concurrent work. 6-6.1.3 Extension of Time. In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the CONTRACTOR will be assessed damages for delay in accordance with Paragraph 6-9.1. The AGENCY, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the CONTRACTOR will be charged for engineering and inspection services and other costs as provided in Paragraph 6-6.2.1 but will not be assessed damages pursuant to Paragraph 6-9.
6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.2.1 Compensation to AGENCY for Extension of Time. Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-6.1.3 shall be the actual cost to the AGENCY for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included. 6-6.3 Payment for Delays to CONTRACTOR. The CONTRACTOR will be compensated for damages incurred due to delays for which the AGENCY is responsible. Such actual costs will be determined by the Engineer. The AGENCY will not be liable for damages which the CONTRACTOR could have avoided by any reasonable means, such as judicious handling of forces or equipment. The determination of what damages the CONTRACTOR could have avoided will be made by the Engineer.

Requests for an extension of time must be delivered to the AGENCY within ten (10) consecutive calendar days following the date of the occurrence that caused the delay. The request must be Section E Page 84 BID NO. 24-06
submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of a revised construction schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the CONTRACTOR, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the CONTRACTOR’s right to receive any extension of time requested.

If the CONTRACTOR is requesting an extension of time because of weather, he/she shall supply daily written reports to the AGENCY’s representative describing such weather, and the work that could not be performed that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed.
6-7 TIME OF COMPLETION
6-7.1 General. The CONTRACTOR shall complete the Work within the time set forth in the Contract. The CONTRACTOR shall complete each portion of the Work within such time as set forth in the Contract for such portion. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days.
6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than:

1. Saturday,

2. Sunday,

3. any day designated as a holiday by the AGENCY,

4. any other day designated as a holiday in a Master Labor Agreement entered into by the CONTRACTOR or on behalf of the CONTRACTOR as an eligible member of a CONTRACTOR association,

5. any day the CONTRACTOR is prevented from working at the beginning of the workday for cause as defined in 6-6.1,

6. any day the CONTRACTOR is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in 6-6.1.

The CONTRACTOR’s activities involving work which requires street closure, detours, and barricades shall be confined to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. In addition, the CONTRACTOR shall not perform any Work on Saturday, Sunday, or on AGENCYdesignated holidays. AGENCY-designated holidays are listed in TABLE 1 – AGENCYDESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.

Deviations from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the CONTRACTOR. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the CONTRACTOR.

Failure of the CONTRACTOR to adhere to working day requirements will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each OCCURRENCE of a working day or hours violation, as provided Section E Page 85 BID NO. 24-06
herein, the CONTRACTOR shall pay to the AGENCY, or have withheld from monies due to it, the sum of $1,000.00.

TABLE 1 – AGENCY-DESIGNATED HOLIDAYS
New Year’s Day
Martin Luther King, Jr. Day
Lincoln’s Birthday
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year’s Eve

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND

ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT

PERFORMANCE OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL

NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.
6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the CONTRACTOR will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the CONTRACTOR does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted.
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the CONTRACTOR’s written assertion that the Work has been completed.

If, in the Engineer’s judgment, the Work has been completed and is ready for acceptance, it will so certify to the City Council, which may accept the completed Work. The Engineer will, in its certification to the City Council, give the date when the Work was completed. This will be the date when the CONTRACTOR is relieved from responsibility to protect the Work.

All work shall be warranted by the CONTRACTOR against defective workmanship and materials for a period of 1 year from the date the Work was completed. The CONTRACTOR shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the CONTRACTOR fails to make such replacement or repairs Section E Page 86 BID NO. 24-06
within the time specified in the notice, the AGENCY may perform this work and the CONTRACTOR’s sureties shall be liable for the cost thereof.
6-8.1 General Guaranty. The CONTRACTOR shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. The AGENCY will give notice of observed defects with reasonable promptness.
6-9 FORFEITURE DUE TO DELAY. The CONTRACTOR shall complete all or any designated portion of the Work called for under the Contract within the time set forth in Section C (Proposal) of these Specifications.

In accordance with Government Code 53069.85, and all other applicable law, the CONTRACTOR agrees to forfeit and pay the AGENCY the amount of One Thousand Five Hundred Dollars ($1,500.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due the CONTRACTOR. This payment shall be considered liquidated damages.

CONTRACTOR agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate AGENCY for losses that are difficult to measure and that such damages are not a penalty.

Failure of the CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the AGENCY to terminate the Contract unless the CONTRACTOR applies for, and receives, an extension of time in accordance with the procedures set forth in Section 5-5.

Failure of the AGENCY to insist upon the performance of any covenant or conditions within the time period specified in the Contract Documents shall not constitute a waiver of the CONTRACTOR’s duty to complete performance within the designated periods unless the AGENCY has executed a waiver in writing.

The AGENCY’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provision contained in the Contract Documents.

Failure of the CONTRACTOR to complete performance promptly within the additional time authorized in a waiver or extension of time agreement shall constitute a material breach of this Contract entitling the AGENCY to terminate this agreement.

The CONTRACTOR shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR provided the CONTRACTOR requests an extension of time in accordance with the procedures set forth in Section 5-5. Unforeseeable causes of delay beyond the control of the CONTRACTOR shall include acts of God, acts of a public enemy, acts of the government, acts of the AGENCY, or acts of another CONTRACTOR in the performance of a contract with the AGENCY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of CONTRACTOR or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond the CONTRACTOR’s control) shall not entitle the CONTRACTOR to any additional compensation. The sole recourse of the CONTRACTOR shall be to seek an extension of time.

Section E Page 87 BID NO. 24-06
6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The AGENCY reserves the right to take over and utilize all or part of any completed facility or appurtenance. The CONTRACTOR will be notified in writing in advance of such action. Such action by the AGENCY will relieve the CONTRACTOR of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except CONTRACTOR operations or negligence. The CONTRACTOR will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations.

Nothing in this section shall be construed as relieving the CONTRACTOR from full responsibility for correcting defective work or materials.

In the event the AGENCY exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the AGENCY will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the CONTRACTOR, Subcontractor, their officers, employees, or agents. 6-11 GUARANTEE. The CONTRACTOR shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the CONTRACTOR shall, upon the receipt of notice in writing from the AGENCY, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The AGENCY is hereby authorized to make such repairs and the CONTRACTOR and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the CONTRACTOR, the CONTRACTOR has failed to make or undertake with due diligence the repairs; provided, however, that, in the case of an emergency where, in the opinion of the AGENCY, delay could cause serious loss or damage, repairs may be made without notice being sent to the CONTRACTOR or Surety, and all expense in connection therewith shall be charged to the CONTRACTOR and Surety.

For the purpose of this article “Acceptance of the Work” shall mean the acceptance of the Work by the AGENCY in accordance with Subsection 6-8 but not for the purpose of extinguishing any covenant or agreement or agreement on the part of the CONTRACTOR to be performed or fulfilled under this Contract, which has not in fact been performed or fulfilled at the time of such acceptance all of such covenants and agreements, shall continue to be binding on the CONTRACTOR until they have been fulfilled.

The effective date of Acceptance of the Work and commencement of the Guarantee shall be the date of acceptance of the Notice of Completion by the City Council. 6-12 DISPUTES AND CLAIMS
6-12.1 General. Any and all decisions made on appeal pursuant to this Subsection 6-12 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-12 that is not in writing shall not be binding upon the AGENCY and should not be relied upon by the CONTRACTOR.

Nothing in this subsection shall be considered as relieving the CONTRACTOR from his/her duty to file the notice required under Subsection 6-13 or other duties required by the Contract Documents. 6-12.2 Administrative Review. Request for review made to the Construction Inspector or Project Engineer may be either oral or written. Request for review made to the City Engineer shall be made in writing with supporting evidence attached.

Section E Page 88 BID NO. 24-06
The CONTRACTOR shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.

Prior to demand for arbitration, the CONTRACTOR shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with AGENCY`s staff in the following sequence:

1. Project Manager

2. City Engineer
Should the Project Engineer fail to address the CONTRACTOR’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the CONTRACTOR may proceed directly to the City Engineer. At the option of the AGENCY, the person to whom the request for review is directed may elect to take such request to a higher level and the CONTRACTOR’s request shall be deemed to be properly submitted to such higher level.

The City Engineer shall address disputes or claims within twenty-eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the AGENCY’s final decision.
6-12.3 Arbitration. Claims and disputes arising under or related to the performance of the contract, except for claims that have been released by execution of the “Release on Contract” as provided in Subsection 9-4, shall be resolved in arbitration unless the AGENCY and the CONTRACTOR agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction. Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301-393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except that references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public Agency”, or “Department” shall be construed to mean “AGENCY” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.

Arbitration shall be initiated by a Demand for Arbitration. The CONTRACTOR shall request a Demand for Arbitration not later than ninety (90) calendar days after the date of the final written decision of the AGENCY on the claim or dispute.

All contracts valued at more than $15,000 between the CONTRACTOR and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the CONTRACTOR to the same extent that the CONTRACTOR is bound to the AGENCY by all terms and provisions of the Contract, including these arbitration provisions. 6-13 NOTICE OF POTENTIAL CLAIM. The CONTRACTOR shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the CONTRACTOR shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-12 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.

Additionally, this Subsection 6-13 shall not supersede the specific notice and protest requirements of Subsection 3-4 “Changed Conditions” and Subsection 6-7.3 “Contract Time Accounting” respectively.

Section E Page 89 BID NO. 24-06
A written notice of potential claim shall set forth the reasons the CONTRACTOR believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the CONTRACTOR shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this Subsection 6-13 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The CONTRACTOR hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

SECTION 7 – RESPONSBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. The CONTRACTOR shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

A noise level limit of 85 dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by the CONTRACTOR or not. The use of excessively loud warning signals shall be avoided except in those cases where required for the protection of personnel.

The CONTRACTOR shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each work day. 7-2 LABOR.
7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work property and acceptably, shall be immediately removed from the Work by the CONTRACTOR and not be reemployed on the Work. 7-2.2 Laws. The CONTRACTOR, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor.

The CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. Failure to file any report due under said orders will result in suspension of periodic progress payments.

In accordance with the Labor Code, the Office of the Engineer has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The CONTRACTOR shall not pay less than these rates.

Each worker shall be paid subsistence and travel as required by the collective bargaining agreements on file with the State of California Department of Industrial Relations.

Section E Page 90 BID NO. 24-06
The CONTRACTOR’s attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the CONTRACTOR for the maintenance, certification, and availability for inspection of such records for all persons employed by the CONTRACTOR or Subcontractor in connection with the project. The CONTRACTOR shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code.

The CONTRACTOR shall ensure unlimited access to the job site for all Equal Opportunity Compliance officers.

Every CONTRACTOR and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement. 7-2.2.1 Overtime and Shift Work. The CONTRACTOR may establish overtime and shift work as a regular procedure only with the written permission of the Engineer. Such permission may be revoked at any time. No work other than overtime and shift work established as a regular procedure shall be done outside the hours described in Section 6-7.2, nor on Saturdays, Sundays or legal holidays, except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency.

All costs for overtime inspection, except those occurring as a result of overtime and shift work established as a regular procedure, shall be paid by the CONTRACTOR. Overtime inspection shall include inspection required during holidays observed by the AGC and Trade Unions, Saturdays, Sundays, and any weekday outside the hours described in Section 6-7.2. Such costs will include but will not necessarily be limited to engineering, inspection, general supervision and other overhead expenses that are directly chargeable to the overtime work. The AGENCY shall deduct all such charges from payments due the CONTRACTOR. 7-3 LIABILITY INSURANCE.
7-3.1 General. CONTRACTOR and AGENCY agree that AGENCY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the AGENCY. CONTRACTOR acknowledges that AGENCY would not have entered into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect AGENCY as set forth here. 7-3.2 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless AGENCY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorneys fees incurred by AGENCY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by the AGENCY.

Section E Page 91 BID NO. 24-06
7-3.3 Without affecting the rights of AGENCY under any provision of this agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless AGENCY as set forth above for liability attributable to the sole fault of AGENCY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

This exception will apply only in instances where the AGENCY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where AGENCY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive and AGENCY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the AGENCY. 7-3.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to AGENCY, if that liability is less than the sole fault of AGENCY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of AGENCY. 7-3.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to AGENCY, its employees, agents and officials.
7-3.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier CONTRACTOR or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section.
7-3.7 Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 7-3.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein. 7-3.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and four million dollars ($4,000,000.00) general aggregate. AGENCY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will AGENCY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to AGENCY or any employee or agent of AGENCY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum of $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy.

Section E Page 92 BID NO. 24-06
Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no crossliability exclusion. Policies shall have concurrent starting and ending dates.

Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without thirty (30) days prior written notice having been given to the City. All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds. 7-3.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
7-4 WORKERS’ COMPENSATION INSURANCE.
7-4.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the AGENCY, its officers, agents or employees. 7-4.2 CONTRACTOR and AGENCY further agree as follows:
7-4.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 7-4.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.
7-4.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage.
7-4.2.4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type.
7-4.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 7-4.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers or employees from waiving the right of Section E Page 93 BID NO. 24-06
subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against AGENCY.
7-4.2.7 Unless otherwise approved by AGENCY, CONTRACTOR’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A:VII.” Self-insurance will not be considered to comply with these insurance specifications.
7-4.2.8 In the event any policy of insurance required by this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR. Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, AGENCY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise.
7-4.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to AGENCY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. CONTRACTOR agrees to provide complete copies of policies to AGENCY upon request.
7-4.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages.
7-4.2.11 Any actual or alleged failure on the part of AGENCY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of AGENCY or any additional insured, in this or any other regard. 7-4.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement. CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement. CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees. 7-4.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds. 7-4.2.14 CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant. AGENCY assumes no Section E Page 94 BID NO. 24-06
obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims.
7-5 PERMITS. Prior to the start of any work, the CONTRACTOR shall apply for and receive any applicable City, County, State, and Federal permits.

The CONTRACTOR shall pay all business taxes or license fees that are required for the work.

All costs associated with these permits are responsibility of CONTRACTOR. If applicable, CONTRACTOR is required to obtain a no fee City Encroachment permit for this project and comply with all permit conditions.
7-6 THE CONTRACTOR’S REPRESENTATIVE. Before staring work, the CONTRACTOR shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the CONTRACTOR. A joint venture shall designate only one representative and alternate. In the absence of the CONTRACTOR or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the CONTRACTOR or its representative.

In order to communicate with the AGENCY, the CONTRACTOR’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The CONTRACTOR shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The AGENCY, its workers and CONTRACTORs and others, shall have the right to operate within or adjacent to the Work site during the performance of such work.

The AGENCY, the CONTRACTOR, and each of such workers, CONTRACTORs and others, shall coordinate their operations and cooperate to minimize interference.

The CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its work with others. The CONTRACTOR will not be entitled to additional compensation from the AGENCY for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the CONTRACTOR shall redeploy its work force to other parts of the Work.

Should the CONTRACTOR be delayed by the AGENCY, and such delay could not have been reasonably foreseen or prevented by the CONTRACTOR, the Engineer will determine the extent of the delay, the effect on this project, and any extension of time.

CONTRACTOR shall coordinate his/her work so as to minimize disruption to ongoing or scheduled private development projects in the project area.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the CONTRACTOR shall keep the site clean and free from Section E Page 95 BID NO. 24-06
rubbish and debris. The CONTRACTOR shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.

When required by the Plans or Specifications, the CONTRACTOR shall furnish and operate a selfloading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete.

Materials and equipment shall be removed from the site as soon as they are no longer necessary.

Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the CONTRACTOR’s Bid.

Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.

Excess excavated material from catch basics or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications.

Forms and form lumber shall be removed from the site as soon as practicable after stripping.

Failure of the CONTRACTOR to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
7-8.1.2 Work Area Appearance
The CONTRACTOR shall maintain a neat appearance to the Work at all times.

All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location, and be disposed of in a proper and legal manner.

Materials which are to be disposed of shall not be stored at the project sites but shall be removed before the end of the each working day.

In any area visible to the public, the following shall apply:

1. Broken concrete and debris developed during clearing and grubbing shall be disposed of weekly.

2. The CONTRACTOR shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.

3. Forms or false work that are to be re-used shall be neatly stacked concurrent with their removal.

4. Forms and false work that are not to be re-used shall be disposed of with their removal.

5. Wash down from concrete trucks shall be at one location. Concrete from wash down procedures shall be removed from the site weekly.
7-8.2 Air Pollution Control. The CONTRACTOR shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.

Section E Page 96 BID NO. 24-06
7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the CONTRACTOR as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The CONTRACTOR shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The CONTRACTOR shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps.

Wastewater shall not be interrupted. Should the CONTRACTOR disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary
Light, Power, and Water. The CONTRACTOR shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The CONTRACTOR shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. 7-8.6 Water Pollution Control. The CONTRACTOR shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters.

Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. 7-8.6.1 General. This item shall consist of preparation, implementation and compliance with a storm water pollution prevention plan (SWPPP) for the project, if applicable. 7-8.6.2 Storm Water Pollution Prevention Plan (SWPPP) Preparation. CONTRACTOR shall submit to the engineer a completed and signed SWPPP at the preconstruction conference. The plan may utilize the practices recommended in the latest edition of the California Storm Water Best Management Practices Handbook, available from California Stormwater Quality Association (CSQA), and online at http://www.cabmphandbooks.net/ . The plan shall be consistent with the construction General Permit, issued by the State Water Resources, Control City Council, through submittal of the Notice of Intent (NOI).

If construction will occur between October 15 and April 15 (considered as the rainy season per City Ordinance), a wet weather erosion control plan must be submitted. Additionally, Best Management Practices (BMPs) implemented during the AGENCY’s rainy season shall include but not be limited to those appropriate for wet weather conditions. 7-8.6.3 Storm Water Pollution Prevention Measures. All storm water pollution prevention measures shall be in accordance with the submitted SWPPP. In the event circumstances during the course of construction require changes to the original SWPPP, a revised plan shall be promptly submitted to the AGENCY’s representative in each instance. No responsibility shall accrue to the AGENCY as a result of the plan or as a result of knowledge of the plan. All work installed by the CONTRACTOR in connection with the SWPPP but not specified to become a Section E Page 97 BID NO. 24-06
permanent part of the project shall be removed and the site restored in so far as practical to its original condition prior to completion of construction or when directed by the AGENCY’s representative.
7-8.6.4 Storm Water Pollution Prevention – Measurement And Payment. Unless otherwise indicated in the Special Provisions, measurement and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP. 7-8.7 Drainage Control. The CONTRACTOR shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The CONTRACTOR shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property.

The CONTRACTOR shall relocate, repair, replace or reestablish all existing improvements within the project limits (e.g., curbs, sidewalks, catch basins, catch basin screens, driveways, fences, walls, sprinkler systems, signs, utility installations, traffic loops, pavements, structures, survey monuments, landscaping, etc.) that are damaged or removed as a result of the CONTRACTOR’s operations or as required by the plans and specifications.

All existing improvements, either within the right-of-way or not, including irrigation lines that are damaged by actions of the CONTRACTOR, shall be restored by the CONTRACTOR to their original or better condition at the CONTRACTOR’s expense.

The CONTRACTOR shall mark, as approved by the Engineer, all survey monuments, manholes, valves, substructures, or other items that are visible on the surface and will be covered by his operations. This shall be completed prior to the start of that operation and approved by the Engineer.

Existing traffic striping, pavement markings, centerline reflective markers, and curb markings shall also be considered as existing improvements and the CONTRACTOR shall repaint or replace, at the CONTRACTOR’s expense, such striping or markings (except for traffic striping and pavement markings within the limits of the Work) if damaged or if their reflectivity is reduced due to construction operations.

All restoration of existing improvements must occur within the construction completion date, unless directed otherwise by the City Engineer.

Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to CONTRACTOR’s operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch.

The CONTRACTOR shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-ofway which are designated for removal and would be destroyed because of the Work.

Section E Page 98 BID NO. 24-06
All costs to the CONTRACTOR for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be the responsibility of the CONTRACTOR. 7-10 PUBLIC CONVENIENCE AND SAFETY. One week prior to pre-construction meeting, the CONTRACTOR shall submit his/her complete construction schedule to the Engineer for approval. The CONTRACTOR shall submit requests for changes in the schedule to the Engineer for approval at least forty-eight (48) hours prior to the scheduled Work.
7-10.1 Traffic and Access. The CONTRACTOR’s operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided.

Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer.

Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 fee), shall be maintained unless otherwise approved by the Engineer.

Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable periods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the CONTRACTOR shall immediately clear the street and driveways and provide and maintain access.

The CONTRACTOR shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services.

Grading operations, roadway excavation and fill construction shall be conducted by the CONTRACTOR in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth, even condition satisfactory for traffic.

Unless otherwise authorized, work shall be performed in only one-half of the roadway at one time.

One half shall be kept open and unobstructed until the opposite side is ready for use. If one-half a street only is being improved, the other half shall be conditioned and maintained as a detour.

The CONTRACTOR will be required to maintain at least one lane of traffic in each direction through the project area at all times in a manner satisfactory to the Engineer in the form of an engineered traffic control plan. The engineered traffic control plans must be signed by a California registered civil and/or traffic engineer. The plan is a required submittal for review one week prior to the preconstruction meeting.

If traffic control on the project shall be implemented by a sub-contractor, such subcontractor must specialize in Traffic Control and be approved by the City Engineer.

The CONTRACTOR shall include in its Bid all costs for the above requirements.

Section E Page 99 BID NO. 24-06
7-10.1.1 General. One week prior to pre-construction meeting, the CONTRACTOR shall submit his/her complete construction schedule to the Engineer for approval. The CONTRACTOR shall submit requests for changes in the schedule to the Engineer for approval at least forty eight (48) hours prior to the scheduled Work.
7-10.1.2 Parking Restrictions and Posting for Tow Away. No Parking signs, posted by the Contractor, shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. Background color shall be white and letters shall be printed in red water resistant ink except day, date, and time of restriction may be printed in black water resistant ink. The signs shall be printed with the words “Tow Away” and “No Parking” with a character height of not less than

2.75 inches and a stroke width of not less than 0.5 inches. The day, dated, and time of the particular restriction shall be printed or attached below the above mentioned wording in characters of not less than 2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three to four letters; date or dates or restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Signs shall be mounted such that the wording “No Parking” are at an elevation at least three feet above the adjacent flowline. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway.

Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor may only post parking restrictions that are effective for the duration of the Work. Upon completion of the Work, the Contractor shall promptly and completely remove and dispose all signs, stakes, and barricades. The Contractor shall promptly reset or replace all damaged or defective signs.

The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor shall coordinate the removal of all vehicles with the City of Lakeport Police Department. The Contractor shall notify the City of Lakeport Police Department upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the City of Lakeport Police Department not less than two hours prior to the needed removal, stating the address nearest the parked vehicle, make, model, color and license number.

The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.

If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

DEVIATIONS FROM THE REQUIREMENTS OF THIS SUBSECTION WILL BE PERMITTED ONLY ON PRIOR CONSENT OF THE ENGINEER. FAILURE OF THE

CONTRACTOR TO ADHERE TO THE REQUIREMENTS OF THIS SUBSECTION, OR

FAILURE OF THE CONTRACTOR TO COMPLETE HIS DAILY SCHEDULE ONCE “TEMPORARY NO PARKING” SIGNS HAVE BEEN POSTED, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY. SUCH DAMAGES ARE, AND WILL CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE.

Section E Page 100 BID NO. 24-06

FOR EACH OCCURRENCE OF A VIOLATION, AS PROVIDED HEREIN, THE

CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000.00.

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000.00 PER VIOLATION IS THE MINIMUM

VALUE OF THE COST AND ACTUAL DAMAGE CAUSED, THAT SUCH SUM SHALL

NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR.
7-10.1.3 Notification to the Public Agencies. The CONTRACTOR shall notify the following Agencies 48 hours prior to working in the City of Lakeport unless otherwise noted:

Lakeport Unified School District
Lakeport Fire Department
Lakeport Police Department
7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after unloading. All materials or equipment not installed or used in construction within 5 days after unloading shall be stored elsewhere by the CONTRACTOR at its expense unless authorized additional storage time.

Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer.

Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site.
7-10.3 Street Closures, Detours, Barricades. The CONTRACTOR shall comply with all applicable State, County and City requirements for closure of streets. The CONTRACTOR shall provide barriers, guards, lights, signs, temporary bridges, flagpersons, and watchpersons. The CONTRACTOR shall be responsible for compliance with additional public safety requirements which may arise. The CONTRACTOR shall furnish and install signs and warning devices and promptly remove them upon completion of the Work.

At least 48 hours in advance of closing, partially closing or reopening, any street, alley, or other public thoroughfare, the CONTRACTOR shall notify the Police, Fire, and Public Works Departments and comply with their requirements. Deviations must first be approved in writing by the Engineer.

The CONTRACTOR shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current requirements covering “signs” as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required.

All traffic control barricades, signs and devices used by the CONTRACTOR shall, as a minimum, conform to the latest edition of the “California Manual on Uniform Traffic Controls Devices” Section E Page 101 BID NO. 24-06
(“MUTCD”). Channelization devices shall be spaced no greater than fifty (50) feet apart. The CONTRACTOR shall take additional precautions as he/she may find necessary under the circumstances.

Should the CONTRACTOR fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the AGENCY will at its option place needed devices or engage a private firm to place and maintain said barricades, which will be charged to the CONTRACTOR directly.

Full street closures will not be allowed without City Council approval.

All costs involved shall be included in the Bid.
7-10.4 Safety.
7-10.4.1. Safety Orders. The CONTRACTOR shall have at the Work site, copies of suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issues by the State Division of Industrial Safety. The CONTRACTOR shall comply with provisions of these and all other applicable laws, ordinances, and regulations.

Before excavating any trench 1.5 m (5 feet) or more in depth, the CONTRACTOR shall submit a detailed plan to the AGENCY showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the CONTRACTOR has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer.

Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law.
7-10.4.2 Use of Explosives. Explosive may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations.

The Engineer’s approval of the use of explosives shall not relieve the CONTRACTOR from liability for claims caused by blasting operations.
7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the CONTRACTOR from the manufacturer of any hazardous products used.

Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label.

The CONTRACTOR shall notify the Engineer if a specified product cannot be used under safe conditions.

Section E Page 102 BID NO. 24-06
7-10.4.4 Confined Spaces.
(a) Confined Space Entry Program. The CONTRACTOR shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR.

Prior to starting the Work, the CONTRACTOR shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:

1. Training of personnel

2. Purging and cleaning of materials and residue

3. Potential isolation and control of energy and material inflow

4. Controlled access to the space.

5. Atmospheric testing of the space

6. Ventilation of the space

7. Special hazards consideration

8. Personal protective equipment

9. Rescue plan provisions
The CONTRACTOR’s submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise.

The CONTRACTOR shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by CONTRACTOR and AGENCY personnel at the Work site.
(c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-11 PATENT FEES OR ROYALTIES. The CONTRACTOR shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The CONTRACTOR shall indemnify and hold the AGENCY harmless from any legal action that may be brought for infringement of patents.
7-12 ADVERTISING. The names, addresses and specialties of CONTRACTORs, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer’s approval.

Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades.
7-13 LAWS TO BE OBSERVED. The CONTRACTOR shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The CONTRACTOR shall at all times observe and comply with such laws, ordinances, and regulations.

Section E Page 103 BID NO. 24-06
7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides:
“In entering into a public works CONTRACTOR or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or 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 subcontract. The 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.”
7-15 DAILY REPORT. The CONTRACTOR shall complete a Daily Report indicating manpower, work performed, major equipment used and on standby (itemized separately), subcontractors, and similar items involved in the performance of the Work. The Daily Report shall be completed on forms prepared by the CONTRACTOR and acceptable to the Engineer, and shall be submitted to the City Inspector weekly.

The CONTRACTOR shall submit as requested Certified Payroll Statements for each employee involved with the Work including subcontractors. Submission of certified payroll does not relieve the CONTRACTOR of his responsibility to pay prevailing wage.

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL. All facilities provided for AGENCY personal shall be at suitable locations approved by the Engineer. Such facilities must in a room, building, or trailer provided for this purposes with an acceptable means for locking.

A Class “A” Field Office in accordance with 8-2.1 shall be provided at any offsite plan facility furnishing pipe subject to AGENCY inspection during manufacture. A Field Laboratory in accordance with 8-3.1 shall be provided at any offsite or project site plant facility furnishing portland cement concrete or asphalt paving material. Any other facilities for AGENCY personnel shall be provided only when required by the Specifications.

Offices and laboratories at plants may be used concurrently by inspection personnel of other agencies provided such use does not seriously conflict with AGENCY use. When facilities are shared in this manner, at least one locker provided with a hasp for a padlock must be available for the exclusive use of AGENCY inspectors. Otherwise any facilities furnished are for the exclusive use of AGENCY personnel.

All facilities shall conform to the applicable codes, ordinances, and regulations of the local jurisdiction and of the State of California, and shall conform to current practice. The interior shall be paneled or suitably lined to provide a facility of good appearance.

The CONTRACTOR shall provide janitorial and other maintenance services in all types of facilities provided. Such services shall include the supply of the appropriate paper products and dispensers. Trash receptacles shall be provided and emptied by the CONTRACTOR at weekly intervals or sooner as required. The trash shall be removed from the project site.

Section E Page 104 BID NO. 24-06
All costs to furnish, maintain, service, and remove the specified facilities at the project site shall be included in the price bid for such facilities. If no bid item is provided in the proposal, costs shall be included in other items for which bids are entered.

The first progress payment will not be approved until all facilities are in place and fully comply with the Specifications.
8-2 FIELD OFFICE FACILITIES.
8-2.1 Class “A” Field Office. This office shall have a minimum floor space of 16 m2 (175 ft2 ), at
least one door, and window area of not less than 2 m2 (22 ft2 ). All doors and windows shall be
provided with screens.

Furniture shall be provided as follows: one plan table, one standard 1.5 m (5 feet) long doublepedestal desk with a drawer suitable for holding files, two chairs, one drafting stool, and one plan rack.

Electric power shall be provided to include a minimum of four duplex convenience outlets. The office shall be illuminated at the tables and desk. An outdoor lighting fixture with a 300-watt bulb shall be installed.

Heating and air conditioning of sufficient capacity shall be provided at no expense to the AGENCY.

The CONTRACTOR shall provide drinking water within the office and integral sanitary facilities directly adjoining. Sanitary facilities shall include a toilet and wash basin with hot and cold running water.

Extended area, non-coin-operated telephone service shall be provided within the office area. The installation shall include sufficient extension code to serve the plan table and desk. 8-2.2 Class “B” Field Office. This office shall be the same as class “A” except that integrated sanitary facilities and air conditioning are not required. A chemical toilet facility shall be provided adjacent to the office.
8-2.3 Class “C” Field Office. The office shall be of suitable proportions with 11 m2 (120 ft2 ) of floor
area. It shall be equipped with one 0.9 by 1.5 m (3 by 5 foot) table, four chairs and one plan rack. It shall be adequately heated, ventilated, and lighted and two duplex convenience outlets shall be provided. Air conditioning, telephones, and sanitary facilities are not required. 8-3 FIELD LABORATORIES.
8-3.1 Offsite at Manufacturing Plant. Field laboratories shall conform to the requirements for a Class “C” Field Office specified in 8-2.3 except for the following:

1. Telephone service per 8-2.1.

2. Chair.

3. Work table, 1.2 by 3.0 m (4 by 10 feet), 0.9 m (3 feet) high.

4. Sieves per 203-6.

5. Scales and weights.

6. Burner plate for heating samples.

7. Thermometer, with 90 to 260̊C (200 to 400̊F) degree range (Asphalt Plants only).

Section E Page 105 BID NO. 24-06

8. Air meter for all concrete in accordance with ASTM C 231 of the type that indicates percentage of air directly (Precast Concrete Plants only) All sampling and testing equipment shall be maintained in satisfactory operating condition by CONTRACTOR or plant owner. Laboratories shall be located immediately adjacent to and with full view of batching and loading operations.
8-3.2 At Project Site. Field laboratories shall be in accordance with 8-3.1, except that sieves, scales, weights, burner plates, sampling devices, pans, and thermometers will be furnished by the AGENCY at no expense to the CONTRACTOR. If air entraining agents are being used in the Concrete on the project, an air meter of the type described in 8-3.1 shall be furnished by the CONTRACTOR. 8-4 BATHHOUSE FACILITIES. When the Plans or Specifications require bathhouse facilities, the following shall be provided.

1. One lavatory with hot and cold water.

2. One toilet in a stall.

3. One 1 m (3 feet) trough-type urinal.

4. One enclosed shower at least 1 by 1 m (3 by 3 feet) with hot and cold water.

5. One bench, 2 m (6 feet) long.

6. Soap dispensers.

7. Toilet paper holders.

8. Paper towel cabinet.

9. Wastepaper receptacle.

These facilities shall be serviced and provided with necessary sanitary supplies.

These facilities shall be for the exclusive use of AGENCY personnel. However, a separate building need not be provided for this purpose if such facilities are located in a separate room in a building which includes other facilities.
8-5 REMOVAL OF FACILITIES. Field offices, laboratories, and bathhouse facilities at the project site shall be removed upon completion of the Work. Buildings and equipment furnished by the CONTRACTOR at the project site under the provisions of this section are the property of the CONTRACTOR.
8-6 BASIS OF PAYMENT. All costs incurred in furnishing, maintaining, servicing, and removing field officers, laboratories, or bathhouse facilities required at the project site shall be included in the bid item for furnishing such facilities. If such facilities are required by the Plans or Specifications and no bid item is provided in the proposal, the costs shall in included in other items for which bids are entered. Such costs incurred in connection with offices and laboratories at plants shall be borne by the plant owners.

SECTION 9 – MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis.

Section E Page 106 BID NO. 24-06
Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved.
9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The CONTRACTOR shall furnish the Engineer with duplicate licensed weighmaster’s certificates showing actual net weights. The AGENCY will accept the certificates as evidence of weights delivered.
9-1.4 Units of Measurement. Measurements shall be in accordance with 1-4.1 and 1-4.2. a metric ton or “tonne” is equal to 1000 kilograms and the unit of liquid measure is a Liter (in U.S. Standard Measures, a pound is an avoirdupois pound; a ton is 2000 pounds avoirdupois; and the unit of liquid measure is a gallon).
9-2 LUMP SUM WORK. Items for which quantities are indicated “Lump Sum”, “L.S.”, or “Job”, shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto.

When required by the Specifications or requested by the Engineer, the CONTRACTOR shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT
9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of 3-2.2.1.

The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals.

Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected materials not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material.

Whenever any portion of the Work is performed by the AGENCY at the CONTRACTOR’s request, the cost thereof shall be charged against the CONTRACTOR, and may be deducted from any amount due or becoming due from the AGENCY.

Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the CONTRACTOR’s responsibility have not been taken and are not reasonably expected Section E Page 107 BID NO. 24-06
to be taken, the AGENCY may, after reasonable attempt to notify the CONTRACTOR, cause such precautions to be taken and shall charge the cost thereof against the CONTRACTOR, or may deduct such costs from any amount due or becoming due from the AGENCY. AGENCY action or inaction under such circumstances shall not be construed as relieving the CONTRACTOR or its Surety from liability.

Payment shall not relieve the CONTRACTOR from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the AGENCY. Responsibility of ownership shall remain with the CONTRACTOR who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in 6-10.

Warranty periods shall not be affected by any payment, but shall commence on the date equipment or material is placed into service at the direction of the AGENCY. In the event such items are not placed into service prior to partial or final acceptance of the project, warranty periods will commence on the date of such acceptance.

If, within the time fixed by law, a property executed notice to stop payment is filed with the AGENCY, due to the CONTRACTOR’s failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the CONTRACTOR in accordance with applicable laws.

At the expiration of 35 calendar days from the date of acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the AGENCY will be paid to the CONTRACTOR except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purposes of making monthly progress payments. The CONTRACTOR may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the AGENCY’s payment procedure.

From each progress estimate, 5 percent will be deducted and retained by the AGENCY, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 5 percent of the first half of total Contract amount, whichever is greater.

No progress payment made to the CONTRACTOR or its sureties will constitute a waiver of the liquidated damages under 6-9.

On not later than the fifth day of every month, the Contractor shall present to the Director of Public Works an invoice covering the total quantities under each item of work that have been completed, from the start of the job up to and including the last day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the Director of Public Works. This invoice shall also include an allowance for the cost of such material required in the permanent work as has been delivered to the site but not as yet incorporated in the work.

Section E Page 108 BID NO. 24-06
On not later than the thirtieth of the month, the City shall, after deducting previous payments made, pay to the Contractor ninety-five (95) percent of the amount of the invoice. No such estimate or payment shall be required to be made, when, in the judgment of the Director of Public Works, the work is not proceeding in accordance with the provisions of the contract, or when in his or her judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.

The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion.

The CONTRACTOR may substitute securities for any monies withheld by the AGENCY to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300.

When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate.
9-3.3 Delivered Materials. Materials and equipment delivered but not incorporated into the Work may be submitted for payment with Engineer’s approval.
9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate, prorated by percentage of work completed or lapsed contract time, whichever is less When no such bid item is provided, payment for such costs will be considered to be included in the other items of work.

SECTION F

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06

IN THE CITY OF LAKEPORT, CALIFORNIA
SPECIAL PROVISIONS - 700 SERIES

TECHNICAL SPECIFICATIONS
SPECIAL PROVISIONS-700 SERIES

POTABLE WATER BACKUP POWER DESIGN
BID NO. 24-06
700 RESPONSIBILITIES OF THE CONTRACTOR
700-1 STAFFING AND RESOURCES
The Contractor commits to providing the manpower and equipment necessary to accomplish the work in the designated contract schedule and time frame. If the Contractor falls behind in the work schedule accomplishment, additional resources shall be provided to return the work to schedule.
700-2 PROJECT SCHEDULE
Contractor shall provide a work schedule to the ENGINEER, in accordance with Section 6-1.2, demonstrating how they will accomplish the work within the allotted working days. 700-3 EMERGENCY INFORMATION
The Contractor shall provide the following information in writing and submit it with the signed contract, contract bonds and certificates of insurance. Failure to comply may result in delays in the processing of the contract documents.

1. Name of authorized representative at the job site.

2. Address and telephone number where the above person can be reached 24 hours a day.

3. Address of the nearest office of the Contractor and the name and telephone number of a person at that office who is familiar with the project.

4. Address and telephone number of the Contractor’s main office and the name and telephone number of the person at that office familiar with the project. 700-3A SUBMITTALS
The Contractor shall provide the following submittals prior to the preconstruction meeting.

Emergency Contact List
Project Superintendent
Project Manager
Subcontractor Request List
Contractor’s Equipment List
700-4 ORDER OF WORK
The following order of work shall be followed unless otherwise agreed upon in writing with the City:

1. Preparation Work including Securing Permits

2. Complete work at each location

3. Generator Startup (Coordination with Generator Supplier)

4. Final Inspection by Permitting Agencies

5. Cleanup and Punchlist
700-5 BID ITEM DESCRIPTIONS
700-5.1 BID ITEM 1 – WORK AT WATER TREATMENT PLANT
A. Scope of Work

1. Permitting

2. Maintain existing system in working order with minimized delays for connections to existing systems.

3. Coordinate work

4. Perform all work as specified.

5. Coordinate Generator startup.

6. Other initial costs not covered by other items of work.

B. Payment

1. Lump Sum

2. Paid as percentage of work completed up to 90%.

3. Remaining 10% paid after generator startup and final permit inspections.
700-5.2 BID ITEM 2 – WORK AT LAKE INTAKE
A. Scope of Work

1. Permitting

2. Maintain existing system in working order with minimized delays for connections to existing systems.

3. Coordinate work

4. Perform all work as specified.

5. Coordinate Generator startup.

6. Other initial costs not covered by other items of work.

B. Payment

1. Lump Sum

2. Paid as percentage of work completed up to 90%.

3. Remaining 10% paid after generator startup and final permit inspections.
700-5.3 BID ITEM 3 – WORK AT SCOTTS CREEK WELL
A. Scope of Work

1. Permitting

2. Maintain existing system in working order with minimized delays for connections to existing systems.

3. Coordinate work

4. Perform all work as specified.

5. Coordinate Generator startup.

6. Other initial costs not covered by other items of work.

B. Payment

1. Lump Sum

2. Paid as percentage of work completed up to 90%.

3. Remaining 10% paid after generator startup and final permit inspections.
701 NOT USED
702 DEMOLITION, SITE PREPARATION AND GENERAL REQUIREMENTS 702-1 GENERAL
702-1.1 SUMMARY
A. Includes But Not Limited To:

1. Demolish and remove portions of existing site facilities as described in Contract Documents. Salvage as indicated on the plans. Backfill as indicated.

2. Protection of existing facilities

3. Repair, cleaning and restoration
702-1.2 SUBMITTALS
A. Provide technical submittals as required in each section. 702-1.3 SCHEDULING
A. Include on Construction Schedule detailed sequence of individual site demolition operations including any road closures.

B. Coordinate with Owner for equipment and materials to be removed or reset by Owner or others, where necessary.
702-1.4 TEST METHODS
A. Maximum Laboratory Density – either CT 216 or ASTM D1557.

B. Nuclear Gauge – ASTM D6938
702-2 PRODUCTS
A. Controlled Low Strength Material (CLSM) conforming to the following:

1. Contains maximum of 94 lbs. of cement per yard.

2. Compressive strength between 75 and 150 psi at 28 days.

3. Fly ash is permitted.

4. Air entrainment additives for workability
B. All backfill in pavement areas including for storm drains; sewer lines and laterals; water lines and services; electrical lines, and in front of completed gutters shall be CLSM.

C. Bedding - Sand bedding shall be used for all utility lines under the sidewalk. A minimum of 3 inches of sand bedding shall be used over the pipe or conduit.

D. Class 2 Aggregate Base

1. Shall conform to 2022 Caltrans Standard Specifications Section 26

2. Shall have a minimum dry unit weight based on ASTM D 1557 of 135 pcf.

3. Shall be used under all sidewalks, curbs and gutters per plan details.

4. Shall be used in all other areas as specified.
702-3 EXECUTION
702-3.1 EXAMINATION
A. Examine site to determine extent of work necessary to isolate work to be removed from work to remain. If separation procedure is unclear, request clarification from Owner’s Agent at least 2 working days in advance of demolition. 702-3.2 PREPARATION
A. Notify corporations, companies, individuals, and local authorities owning utilities within the project area.

B. Disconnect electrical wires and feeds in such a manner that accidental reenergization cannot occur.

C. Protect and maintain conduits, drains, sewers, pipes, and wires that are to remain.

D. Contractor shall be responsible for protecting existing facilities.

E. Protection – protect all buildings and existing features from damage.

F. Spillage -

1. Avoid spillage by covering and securing loads when hauling on or adjacent to public streets or highways.

2. Remove spillage and sweep, or otherwise clean project, streets, and highways.

G. Dust Control -

1. Take precautions necessary to prevent dust nuisance, both on-site and adjacent to public and private properties.

2. Correct or repair damage caused by dust.

H. Existing Plants and Features - Do not damage tops, trunks, and roots of existing trees and shrubs on site which are intended to remain. Do not use heavy equipment within branch spread. Interfering branches may be removed only with permission of Owner’s Agent. Do not damage other plants and features which are to remain. Any damaged plants or features shall be replaced at the contractor’s expense.

I. If specified precautions are not taken or corrections and repairs made promptly, Owner may take such steps as may be deemed necessary and deduct costs of such from monies due to Contractor. Such action or lack of action on Owner’s part does not relieve Contractor from responsibility for proper protection of the Work.

J. Contractor shall comply with all local, state, and federal storm water protection regulations.

K. Obtain Construction Water

1. Submit Utility Application to City of Lakeport with fees.

2. Hydrant meter be placed by City at location of contractor’s choice.

3. Pay all deposits, permits, fees and invoices.

4. Other sources other than City water may be used only as authorized by Engineer.
702-3.3 NOISE CONTROL
A. Use lowest available noise equipment designed for noise control.

B. Monitor noise to assure compliance with City of Lakeport Noise ordinance for project.

C. Minimize backup alarm use.
702-3.4 PERFORMANCE
A. Execute work in an orderly and careful manner, with due consideration for residences and the public.

B. Carefully remove, disassemble, or dismantle as required, existing items to be reused in completed work, and store in approved location at storage yard or City Recycling Yard off of Highway 175 as determined by the Engineer.

C. Concrete and Paving removal: Full depth saw cut joints between material to be removed and material to remain. All saw cuts shall be to nearest score mark and perpendicular to travelled way in roadway.

D. Existing concrete site elements or pavement damaged during demolition or work shall be re-saw cut and replaced in accordance with the plans and specifications at Contractor’s expense. Replacement of damaged material shall be performed in accordance with the project plans and these specifications.

E. Disposal

1. Concrete, Aggregates, Native Soil and Pavement
a. Separate materials
b. Contractor is responsible for disposing of all material in a legal manner at his expense.
c. If agreed to by the City, transport to City site indicated during the same work period as removed.
d. Provide loader to push up materials daily or more often if necessary to maintain clean and orderly stockpile at disposal site.
e. City has the right to reject material.

2. If hazardous materials are encountered refer to the General Conditions.

F. Backfill

1. Backfill holes made due to removal with CLSM

2. Alternative backfill methods may be used if approved by the Engineer in writing prior to work performance.

H. Site Maintenance

1. Broom clean all remaining surfaces immediately after demolition and removal of debris. Maintain broom clean condition.

2. Maintain all storm water protection measures.
702-3.5 REPAIR/RESTORATION
A. Adjust existing covers, boxes, and vaults to grade per plans.

B. Replace broken or damaged covers, boxes, and vaults.

C. Site cleaning immediately prior to acceptance:

1. All surfaces shall be broom clean and free from any accumulation of debris.

2. Clean tack coat from concrete surfaces. Tack coat within 1 inch of pavement on curbs or gutter is not required to be cleaned.

3. Remove all traffic control devices, excess materials, debris and signage from site.

4. Remove all debris and sediment from the existing storm drain structures.

5. Replace any disturbed landscaping. Backfill planters with clean topsoil and replace surface dressing or mulch in kind.

6. Remove all concrete debris and splatter.

7. Clean all inlets within project area immediately prior to final inspection. 702-4 PAYMENT

1. Included in various bid items.
703 GENERAL PROJECT REQUIREMENTS
703-1 GENERAL

1. All work shall comply with the plans and specifications, the latest NEC Electrical Code and all applicable California Building Codes.

2. All materials and workmanship shall be as indicated on the plans. In all cases, the materials shall meet the applicable code requirements.

3. The plans entitled POTABLE WATER BACKUP POWER DESIGN prepared by MC Engineering, Inc. dated December 28, 2023 shall govern the work and are included in the contract work.
703-2 PERMITS

1. Work at Scotts Creek is permitted by Lake County. The City has obtained permits for the work. Contractor shall pull permits with required licenses and insurance information.

2. Work at the Water Treatment Plant and Lake Intake is permitted by the City of Lakeport. The City has obtained permits for the work. Contractor shall pull permits with required licenses and insurance information.

3. All permit fees paid by the City

4. Inspections to be coordinated by Contractor.
703-1 COORDINATION:

A. Coordinate with City staff for equipment shutdowns and connections.

B. Coordinate with Generator Supplier to perform generator start up and system testing. Allow 10 working days in schedule for this work to occur. The time required for this coordination shall be within the specified working days.

C. All three locations shall be scheduled for startup at the same time. 704 ELECTRICAL
704-01 PRODUCTS- REQUIREMENTS
A. The Contractor shall install, ready for use, the electrical system as specified herein and shown on the Contract drawings. This document describes the function and operation of the system and particular components, but does not necessarily describe all necessary devices. All components and devices shall be furnished and installed as necessary to provide a complete operable and reliable system for accomplishing the functions and meeting the performance set forth hereinafter.

B. Furnish all required labor, materials, project equipment, tools, construction equipment, safety equipment, transportation, test equipment, incidentals and services to provide a complete and operational electrical system as shown on the Contract Drawings, included in these Specifications, or necessary for fully operating facility.

C. The major areas in the “scope of work” shown on Contract drawings which includes, but is not necessarily limited to, both the furnishing and installation are:

4. Water Treatment Plant
a. Install owner furnished Automatic Transfer Switch and modify as required. b. Install owner furnished 6 KVA Transformer
c. Furnish and install conduit raceway and pullbox.
d. Extend existing underground as required.
e. Terminate and ground owner furnished generator.
f. Modify existing equipment and conduit raceways.

5. Lake Intake Structure
a. Install owner furnished Automatic Transfer Switch and modify as required. b. Install owner furnished 6 KVA Transformer
c. Furnish and install conduit raceway and pullbox.
d. Extend existing underground as required
e. Terminate and ground owner furnished generator.
f. Modify existing equipment and conduit raceways.

6. Scotts Creek Intake
a. Install owner furnished Automatic Transfer Switch.
b. Furnish housekeeping pad
c. Furnish and install conduit raceway and pullbox
d. Terminate and ground owner furnished generator.
e. Modify existing equipment and conduit raceways.

D. The following specifications incorporate specific equipment and devices that are preferred by the Owner because of their serviceability, because of the local availability of labor, parts and materials, or because of the ability of the Owner to umbrella the equipment under existing maintenance contracts.

E. All electrical equipment and materials, including installation and testing, shall conform to the applicable codes and standards listed in this and other Sections. All electrical work shall conform to the latest National Electric Code (NEC) issue. Nothing on the Drawings or in the Specifications shall be construed to permit work or materials not conforming to these codes and standards.
704-02 RELATED WORK IN OTHER SECTION
A. Contract Documents are a single integrated document, and as such all Divisions and Sections apply. It is the responsibility of the CONTRACTOR and its Sub-Contractors to review all sections to insure a complete and coordinated project.

B. As a part of this contract the Contractor shall coordinate utility service shutdown with owner when modifying the existing meter/main structure.
704-03 QUALIFICATIONS
Electrical Contractor
The Electrical Contractor shall meet the following minimum qualifications:
a. Has regularly engaged in similar electrical contracting for the Municipal Water and Wastewater Industry.
b. Has successfully performed work of similar or greater complexity on at least two previous projects under one company name and under the present company name. c. Has a current State Electrical Contractor’s License. 704-04 CONTRACT DOCUMENTS
a. The Contract drawings and specifications are intended to be descriptive of the type of electrical system to be provided; any error or omissions of detail in either shall not relieve the Contractor from the obligations there under to install in correct detail any and all materials necessary for a complete operational system. b. The Contract drawings are generally diagrammatic; exact locations of electrical products shall be verified in the field with the Owner. Except where special details on drawings are used to illustrate the method of installation of a particular piece or type of equipment or materials, the requirements or descriptions in this Section shall take precedence in the event of conflict.
c. Location at facilities of new equipment, inserts, anchors, panels, pull boxes, conduits, stub-ups, and fittings for the electrical system are to be determined by the Contractor and Owner at time of installation. Contractor shall make minor adjustments to locations of electrical equipment required by actual field conditions and coordination with owner furnished equipment.
d. The Electrical Contractor shall examine the architectural, mechanical, structural, and electrical and instrumentation equipment provided under other Sections of this Contract in order to determine the exact routing and final terminations for all conduits and cables.

The exact locations and routing of cables and conduits shall be governed by structural conditions, physical interferences, and the physical location of wire terminations on equipment. Conduits shall be stubbed up as near as possible to equipment terminals. e. All equipment shall be installed and located so that it can be readily accessed for operation and maintenance. The Owner reserves the right to require minor changes in location of equipment, without incurring any additional costs. f. Where conduits are shown as "home runs" on the Contract drawings or stated to be furnished, but not explicitly shown, as part of the scope of work; the Contractor shall provide all fittings, boxes, wiring, etc. as required for completion of the raceway system in compliance with the NEC and the applicable specifications in this Section. g. No changes from the Contract drawings or specifications shall be made without written approval of the Owner. Should there be a need to deviate from the Contract documents, submit written details and reasons for all changes to the Owner for favorable review. h.The Contractor shall maintain a neatly and accurately marked full size set of Contract Drawings recording the as built locations and layout of all electrical and instrumentation equipment, routing of raceways, junction and pull boxes, and other diagram or drawing changes.
704-05 COORDINATION
a.The Contractor shall coordinate the electrical work with the other trades, code authorities, utilities, and the Owner; with due regard to their work, towards promotion of a rapid completion of the project. If any cooperative work must be altered due to lack of proper supervision of such, or failure to make proper provisions, then the Contractor shall bear expense of such changes as necessary to be made in work of others. b. Manufacturer's directions and instructions shall be followed in all cases where such is not shown on the Contract Drawings or herein specified. c. The Contractor shall cease work at any particular point, temporarily, and transfer his operations to such portions of work as directed, when in the judgment of the Owner it is necessary to do so.
704-06 SUPERVISION
a. The Contractor shall schedule all activities, manage all technical aspects of the project, coordinate submittals and drawings, and attend all project meetings associated with this Section.
b. The Contractor shall supervise all work in this Section, including the electrical system general construction work, from the beginning to completion and final acceptance.
c. The Contractor shall supervise and coordinate all work in this Section to insure each phase of the project, submittal, delivery, installation, and acceptance testing, etc. is completed within the allowable scheduled time frames.
d. The Contractor shall be responsible for obtaining, preparing, completing, and furnishing all paper work for this Section; which shall include transmittals, submittals, forms, documents, manuals, instructions, and procedures. 704-07 INSPECTIONS
a. All work or materials covered by the Contract documents shall be subject to inspection at any and all times by the Owner. If any material does not conform to the Contract documents, or does not have a favorably reviewed submittal status; then the Contractor shall, within three days after being notified by the Owner, remove said material from the premises; and if said material has been installed, the entire expense of removing and replacing same, including any cutting and patching that may be necessary, shall be borne by the Contractor.
b. Work shall not be closed in or covered over before inspection and approval by the Owner. All costs associated with uncovering and making repairs where noninspected work has been performed shall be borne by the Contractor. c. The Contractor shall cooperate with the Owner and provide assistance at all times for the inspection of the electrical system under this Contract. The Contractor shall remove covers, provide access, operate equipment, and perform other reasonable work which, in the opinion of the Owner, will be necessary to determine the quality and adequacy of the work.
704-08 JOB CONDITIONS
a. The Contractor shall make all arrangements and pay the costs thereof for temporary services required during construction of the project, such as temporary electrical power and telephone service. Upon completion of the project, remove all temporary services, equipment, material and wiring from the site as the property of the Contractor.
b. The Contractor shall provide adequate protection for all equipment and materials during shipment, storage and construction. Equipment and materials shall be completely covered with two layers of plastic and set on cribbing six inches above grade so that they are protected from weather, wind, dust, water, or construction operations. Equipment shall not be stored outdoors without the approval of the Owner. Where equipment is stored or installed in moist areas, such as unheated buildings, etc., provide an acceptable means to prevent moisture damage, such as a uniformly distributed heat source to prevent condensation.
704-09 EXISTING POWER DISTRIBUTION
Coordinate all work with the Owner associated with modifying the existing service distribution panels to complete the work shown on Contract Drawings. The Contractor shall obtain the required site inspections prior to modifying the existing service distribution panel:
704-10 EXISTING UNDERGROUND CONDUITS
The Contractor shall modify and extend all existing conduit systems to their designated locations. The Contractor shall coordinate all trenching requirements with the County prior to digging.
704-11 SUPERVISION
a. The Contractor shall schedule all activities, manage all technical aspects of the project, coordinate submittals and drawings, and attend all project meetings associated with this Section.
b. The Contractor shall supervise all work in this Section, including the electrical system general construction work, from the beginning to completion and final acceptance. c. The Contractor shall supervise and coordinate all work in this Section to insure each phase of the project, submittal, delivery, installation, and acceptance testing, etc. is completed within the allowable scheduled time frames.
d. The Contractor shall be responsible for obtaining, preparing, completing, and furnishing all paper work for this Section; which shall include transmittals, submittals, forms, documents, manuals, instructions, and procedures.
704-12 INSPECTIONS
a. All work or materials covered by the Contract Documents shall be subject to inspection at any and all times by the Owner. If any material does not conform to the Contract Documents, or does not have a favorably reviewed submittal status; then the Contractor shall, within three days after being notified by the Owner, remove said material from the premises; and if said material has been installed, the entire expense of removing and replacing same, including any cutting and patching that may be necessary, shall be borne by the Contractor. b. Work shall not be closed in or covered over before inspection and approval by the Owner. All costs associated with uncovering and making repairs where non-inspected work has been performed shall be borne by the Contractor.
c. The Contractor shall cooperate with the Owner and provide assistance at all times for the inspection of the electrical system under this Contract. The Contractor shall remove covers, provide access, operate equipment, and perform other reasonable work which, in the opinion of the Owner, will be necessary to determine the quality and adequacy of the work. 704-13 JOB CONDITIONS
a. The Contractor shall make all arrangements and pay the costs thereof for temporary services required during construction of the project, such as temporary electrical power and telephone service. Upon completion of the project, remove all temporary services, equipment, material and wiring from the site as the property of the Contractor. b. The Contractor shall provide adequate protection for all equipment and materials during shipment, storage and construction. Equipment and materials shall be completely covered with two layers of plastic and set on cribbing six inches above grade so that they are protected from weather, wind, dust, water, or construction operations. c. Equipment shall not be stored outdoors without the approval of the Owner. Where equipment is stored or installed in moist areas, such as unheated buildings, etc., provide an acceptable means to prevent moisture damage, such as a uniformly distributed heat source to prevent condensation.
704-14 SUBMITTAL AND DRAWING REQUIREMENTS
704-14.1 GENERAL
a. The Contractor shall provide submittals and shall ensure all equipment suppliers provide the submittal documentation required in this section. Submittals shall be complete, neat, orderly, and indexed. The Contractor shall check all submittals required under this Division for the correct number of copies, adequate identification, correctness, and compliance with the Contract Documents, and initial all copies certifying compliance. b. No material or equipment shall be allowed at the job site until the submittal for such items has been reviewed by the Owner and marked "no exceptions taken" or "make corrections noted".
c. The Contractor shall coordinate submittals with the work so that project will not be delayed. This coordination shall include scheduling the different categories of submittal, so that one will not be delayed for lack of coordination with another. 704-14.2 SUBMITTAL FORMAT
a. Each submittal shall be bound in a three ring binder, which is sized such that when all material is inserted the binder is not over 3/4 full. Binder construction shall allow easy removal of any page without complete manual disassembly; spiral ring type binders are not acceptable.
b.Each binder shall be appropriately labeled on the outside spine & front cover with the project name, contract number, equipment supplier's name, specification section(s), and major material contained therein.
c.Submittal cover sheet list the project name, contract number and equipment supplier's name, address, phone number, and contact person on the index page. d. A Table of Contents shall be provided at the inside of the front cover. This index shall itemize the contents of each tab and subtab section. With the exception of general installation materials, all equipment, instruments and major electrical components shall be tabbed.
704-14.3 BILL OF MATERIAL
a. Complete Materials list shall be provided at the inside of the front cover. The Contractor shall provide Material list providing name of project, location of equipment, specification section, quantity, description, manufacturer, full part number and tag number. b. All spare parts shall be listed separately at the end of the Bill of Materials list. Generic names or part numbers used by a distributor or Systems House are not acceptable; originating manufacturer’s name and part number shall be listed.
c. Material lists shall be grouped by panels, areas and structures. d. The submittal documents shall be clearly copied from originals. No FAX or scanned copies of documents are allowed. Color copies shall be provided when black and white copies do not show adequate clarity. Shop documents shall include the following:
e. Complete catalog cuts with full description of equipment. General sales literature will not be acceptable. Catalog cutsheet and specification sheets shall be project specific. f. The part or model number with options to be provided shall be clearly identified. Where more than one item or catalog number appears on a catalog cut, the specific item(s) or catalog numbers(s) proposed shall be clearly identified. Each catalog cut sheet shall be identified with the applicable Section & subsection numbers.
g. Unrelated items or options specific to the project shall be crossed out or removed. All h. Equipment technical specifications, ratings and listings. i. Physical size with dimensions and mounting details.
j. Quantity and quality requirements for electric power, air, and/or water supply. k. Materials of components in contact with or otherwise exposed to the process. l. Calibration, performance or accuracy curves.
704-15 SHOP DRAWINGS

1. All drawings shall be generated with a computer utilizing the AutoCAD 2015 or later drafting package.

2. Drawings shall be project specific. Standard preprinted drawings simply marked to indicate applicability to the Contract will not be acceptable.

3. Drawings shall be prepared in a professional manner and shall have borders and a title block identifying the project, system, drawing number, AutoCAD file name, project engineer, date, revisions, and type of drawing. Drawings shall be no smaller than 11" x 17" and printed with a laser jet printer or plotted in ink on vellum.

4. Drawings shall be legible.
704-16 NAMEPLATE SCHEDULES
Submit full size drawing of all nameplates and tags, as specified herein, to be used on project. The Owner has the right to adjust nameplate engraving titles during submittals at no additional cost. Submittal to include the following:
a) Dimensions of nameplate.
b) Exact lettering and font for each nameplate.
c) Color of nameplate.
d) Color of lettering.
e) Materials of construction.
f) Method and materials for attachment.
g) Drawing showing location of nameplate on each panel. 704-17 SHOP DOCUMENTS
Shop documents and drawings shall be submitted for all devices and components in the electrical and instrumentation system. The following items shall have shop documents and drawings submitted for approval:
a) General Electrical Installation and Materials.
b) Electrical Equipment and Materials
704-18 OPERATIONS AND MAINTENANCE MANUALS

1. Provide six (6) Operation and maintenance manuals bound in a three ring binder and shall provide at least the following as a minimum.
a) A comprehensive index.
b) A complete "Record" set of favorably reviewed electrical submittals as provided under subsection 1-9 Submittal and Drawing Requirements illustrating all components, piping, and electrical connections.
c) A complete list of the equipment supplied, including serial numbers, ranges, catalog cuts, and pertinent data.
d) Full specifications on each item.
e) Detailed service, maintenance and operation instructions for each item supplied.

Schematic diagrams of all electronic devices shall be included. A complete parts lists with stock numbers shall be provided on the components that make up the assembly. All of these shall be originals, no copies.
f) No photo copies are allowed of standard published manuals available from manufacturers. All of the hardware and software manuals shall be originals. g) Special maintenance requirements particular to this system shall be clearly defined, along with special calibration and test procedures.

2. At the end of the project these manuals shall be updated to show "as-built" conditions.

3. Provide two (2) sets of compact disk (CD) containing all drawings prepared for this project in Autocad format, updated to reflect as-built conditions. 704-19 PRODUCTS - QUALITY
a. It is the intent of the Contract Documents to secure the highest quality in all materials and equipment in order to facilitate operation and maintenance of the facility. All equipment and materials shall be new and the products of reputable suppliers having adequate experience in the manufacture of these particular items. For uniformity, only one manufacturer will be accepted for each type of product.
b. All equipment shall be designed for the service intended and shall be of rugged construction, of ample strength for all stresses which may occur during fabrication, transportation, erection, and continuous or intermittent operation. All equipment shall be adequately stayed and braced and anchored and shall be installed in a neat and workmanlike manner. Appearance and safety, as well as utility, shall be given consideration in the design of details. All components and devices installed shall be standard items of industrial grade, unless otherwise noted, and shall be of sturdy and durable construction suitable for long, trouble free service. Light duty, fragile and competitive grade devices of doubtful durability shall not be used.
c. Products that are specified by manufacturer, trade name or catalog number established a standard of quality and do not prohibit the use of equal products of other manufacturers provided they are favorably reviewed by the Owner prior to installation. d. Underwriters Laboratories (UL) listing is required for all substituted equipment when such a listing is available for the first named equipment. e. When required by the Contract Documents or requested by the Owner, the Contractor shall submit equipment or material samples for test or evaluation. The samples shall be furnished with information as to their source and prepared in such quantities and sizes as may be required for proper examination and tests, with all freight and charges prepaid. All samples shall be submitted before shipment of the equipment or material to the job site and in ample time to permit the making of proper tests, analyses, examinations, rejections, and resubmissions before incorporated into the work.
704-20 NAMEPLATES & TAGS
A. Equipment exterior nameplates - Nameplate material shall be rigid laminated black phenolic with beveled edges and white lettering; except for caution, warning, and danger nameplates the color shall be red with white lettering. The size of the nameplate shall be as shown on the drawings. No letters are allowed smaller than 3/16". All phenolic nameplates located outdoors shall be UV resistant. Securely fasten nameplates in place using two stainless steel screws if the nameplate is not an integral part of the device. Epoxy cement or glued on nameplates will not be acceptable.

Engrave the nameplates with the inscriptions as approved by the Owner in the submittal.

1. For each major piece of electrical equipment provide a manufacturer's nameplate showing the Contract specified name and number designation, the manufacturer's name, model designation, part number, serial number, and pertinent ratings such as voltage, amperage, # of phases, range, calibration, etc.

2. For each device with a specific identity (pushbutton, indicator, instrument, etc.) mounted on the exterior or deadfront of a piece of equipment provide a nameplate with the inscription as shown in the Contract documents. Where no inscription is indicated in the Contract documents, furnish nameplates with an appropriate inscription providing the name and number of device.

B. Equipment Tags - When there is no space or it is impractical to attach an engraved phenolic nameplate with screws, as is the case with most field devices and instruments, the Contractor shall attach a tag to the equipment with the same inscriptions as specified above in paragraph A.

The tag shall be made from stainless steel material and the size of the nameplate shall be no smaller than 3/8"h x 2"w with 3/16" machine printed or engraved lettering unless otherwise approved by the Owner. The tag shall be attached to the equipment with stainless steel wire of the type normally used for this purpose.
704-21 WIRING AND TERMINATION
704-21.1
a. The Contractor shall furnish and install wiring and devices as specified in this Division.

The contractor shall provide all wire and terminations to all equipment requiring electrical connections.
b. Low Voltage Power (to 600 VAC):
c. Low voltage conductors shall be used for power, control, lighting and miscellaneous circuits. This Section applies to all wires or conductors used internally for all electrical equipment or externally for field wiring. Wire shall be new, plainly marked with UL label, gauge, voltage, type of insulation, and Manufacturer's name. d. Low voltage wire shall conform with the following:

1. NEMA standards WC3 and WC5 and UL requirements. Class B stranding.

Conductors shall be copper with a minimum of 98% conductivity.

2. Insulation type for conductors smaller than #6 AWG shall be moisture and heat resistant thermoplastic NEC Type THHN/THWN, rated 90 °C in dry locations and 75 °C in wet locations, or approved equal.

3. Conductors #6 AWG and larger shall be XHHW insulation rated 90 ° C in dry locations and 75 ° C in wet locations, or approved equal.

4. Conductors #6 AWG and larger routed in underground ductbanks shall be XHHW-2 insulation.

5. Insulation of all conductors shall be rated 600 volt or higher.

6. Field wire minimum AWG sizes:
a) #12 for wires used for individual AC power conductor circuits 120 volt and above.
b) #14 for wires used for individual AC/DC control conductor circuits 120 volt and below.
704-21.2 CONTROL CONDUCTORS
a. NEMA standards WC3 and WC5 and UL requirements. Class B stranding. Conductors shall be copper with a minimum of 98% conductivity.
b. Insulation type for conductors smaller than #6 AWG shall be moisture and heat resistant thermoplastic NEC Type THHN/THWN, rated 90 °C in dry locations and 75 °C in wet locations, or approved equal.
c. Insulation of all conductors shall be rated 600 volt or higher. d. Field Wire, Control panel, field panel or equipment wire minimum AWG sizes:
1) #14 for wires used for individual conductor circuits 100 volt and above. 2) #16 for Signal and low voltage DC wires used for individual control conductor circuits below 100 volt.
704-21.3 INSTRUMENT CABLE

1. All 4-20 mA and 1-5VDC instrument and control panel cables shall conform with the following:
a) Signal wiring shall be shielded twisted pair with #18 AWG tinned copper stranded conductors and shield drain conductor.
a) Conductor insulation shall be polyethylene rated 300 VAC 90° C and outer jacket shall be PVC.
b) A metal foil shield shall completely surround the signal conductors. c) Conductor insulation colors shall be white/clear and black. d) Multiple pair cables with individually shielded pairs may be used only with prior approval of the Owner.

2. All field 4-20mA instrument cables shall conform with the following:
a) Signal wiring shall be shielded twisted pair with a minimum #16 AWG, tinned copper stranded conductors and shield drain conductor.
b) Conductor insulation shall be polyethylene rated 600 VAC, 90° C and outer jacket shall be PVC.
c) A metal foil shield shall completely surround the signal conductors. d) Conductor insulation colors shall be white/clear and black. e) Multiple pair cables with individually shielded pairs may be used only with prior approval of the Owner.
f) Instrument Cables shall be Belden 9342, or approved equal. 704-21.4 Manufacturer Supplied Cables:

Cables and wiring for special systems shall be provided by the Manufacturer or system supplier with the equipment and installed per the Manufacturer's recommendations. 704-21.5 Communications Cable:
g) Communications wiring and cabling shall be provided as specified in applicable specification sections for PLC, Network, Computer and instrumentation communications networks.
h) RS-485 Communications Cable: Paired, 2 pairs, twisted, 24 AWG, stranded (7x32) TC - Tinned Copper conductors, PE - Polyethylene insulation, overall Aluminum Foil-Polyester Tape (Beldfoil) shield with 100% shield coverage plus copper Braid shield with a 24 AWG tinned copper drain wire and 90% shield coverage, PVC - Polyvinyl Chloride jacket. Applicable Specifications:

UL NEC Type CM, AWM 2919, CEC C(UL) CM. Low Capacitance for EIA RS-485 Applications. Cable shall be Belden #9842.
i) Remote Input/Output (RIO) and Data Highway Plus DH+ Communications Cable: Multi-Conductor, 1 twinax (2 conductors), 20 AWG, stranded (7x28) TC - Tinned Copper conductors, PE - Polyethylene insulation, Aluminum FoilPolyester Tape (Beldfoil) shield with a 20 AWG stranded (7x28) tinned copper drain wire and 100% shield coverage plus tinned copper Braid shield with 55% shield coverage, PVC - Polyvinyl Chloride jacket. Applicable Specifications:

UL Type CM, CL2, AWM 2464, CEC C(UL) CM. Flame Resistance: UL 1581 Vertical Tray. Blue Hose Cable for DH and DH+ Systems. 78 Ohm Twinax.

Coaxial. Industrial Automation & Process Control Cables. Industrial Twinax Cables. Cable shall be Belden #9463, Allen Bradley 1770-CD. j) Cat 6e cables installed by Contractor shall meet the following specifications:
1) . TIA/EIA-568-A Category 6e specifications.
2) #24 AWG copper conductor, 4 pair shielded twisted pair. 3) Thermoplastic Dielectric type overall foil shield with drain wire. 4) PVC jacket.
5) NEC rating: CM, MP.
6) UL listed for NEC compliance.
7) Non-plenum usage.
8) Color Code:

1.Information Network (YELLOW)

2. Control Network (BLUE)

3. Telco Communications (RED)
704-21.6 PULLING COMPOUND
Use only cable pulling compound which is approved by the manufacturer of the cable as being compatible with cable insulation and jacket materials. 704-21.7 TERMINAL BlOCKS
a) Each terminal block shall have a unique identifying alphanumeric code. b) Numbers shall be assigned to all blocks except grounding blocks. Fuse blocks shall be assigned unique tag numbers such as FU1, FU2. No two fuses in a common enclosure shall be assigned the same tag number. Fuse blocks shall also be provided with markers identifying the current rating of the fuse.
c) A plastic marking tab shall be provided to label each individual terminal block. Each tab shall have a unique number/letter for each terminal which is identical to the "elementary" and "loop" diagram wire designation. Numbers on tabs shall be machine printed and 1/8-inch high.
d) Terminal blocks shall be physically separated into groups by the level of signal and voltage served. Power and control wiring above 100 volts shall have a separate group of terminal blocks from terminal blocks for wiring below 100 volts, intermixing of these two types of wiring on the same group of terminal blocks is not allowed. e) Provide a separate common or neutral terminal for every two (maximum) inputs and/or outputs or as coordinated with the interconnect diagrams. f) Terminal blocks shall be, DIN rail, and 600V rated.
g) Provide terminal blocks with "follower" plates, which compress the wires and have wire guide tangs for ease of maintenance. Terminal blocks, which compress the wires with direct screw compression, are unacceptable.
704-21.8 MISCELLANEOUS
Terminal Blocks, for locations other than MCC cubicles and Control/Signal Panels:
a) Provide terminal blocks rated a minimum of 20 amps at 600VAC. b) Terminal blocks shall be Buchanan 500 series, or approved equal. 704-21.9 CONTROL SIGNAL
Control and Signal Panel Terminal Blocks, (Excluding Motor Starter Cubicles):
a. Power Distribution, 120 VAC
b. Terminal Blocks: Compression -clamp, black bodies, 600 volt rating, Entrelec M4/6 or approved equal.
704-22 FUSE BLOCKS AND FUSE SIZE:
a. Disconnecting Fuseblocks shall be Compression Clamp, 600 volt rating one, two or three pole as indicated on the drawings.
b. Fuseblocks shall support Class CC fuses.
c. Fuseblocks shall be Edison, Littlefuse or Equal
d. General Fuse Sizes:
1) Fuses used in circuits 200 VAC and above shall be time-delay type FNQ, or approved equal, " x 11/2", and have an interrupting rating of 10,000 AIC at 500 VAC. Fuse holders shall be of the barrier type and rated 600 VAC. 2) Fuses used in 120 VAC/VDC shall be time-delay type MDL or approved equal, 1/4" x 1 1/4", and have a rating of 250 Volts. Fuse-holders shall be of the terminal block type, and shall be rail-mounted. Fuses shall have neon or LED blown fuse indicators.
3) Fuses used in signal and 24 VDC circuits shall be fast acting type, or approved equal, 5mm x 20mm, and have a rating of 250 Volts. Fuse holders shall be of the terminal block type, and shall be rail mounted. Signal and control fuses shall be provided with a removable fuseholder with integral blown fuse indication. 4) Provide a separate fuse and neutral terminal block for each analog input and output. 5) Analog input and output terminal blocks, in addition to terminal block numbering, shall have "+", "-" and ground prefabricated symbol plastic terminal label inserts. 6) Fuses shall be sized in conformance with the NEC or the manufacturers recommended size. The most stringent value shall apply. 704-22.2 POWER TERMINATION BLOCKS
a) Power termination blocks shall be provided as indicated or required for power conductor termination, tapping and distribution of power. b) Termination blocks shall be 600 VAC rated, tin plated copper with compression lug.
c) Terminal block housing shall be phenolic.
d) Manufacturer: Marathon series 145, “Or Equal”
704-22.3 SPLICES
No splices are allowed.
704-22.4 WIRING CONNECTORS
1 Solderless Pressure Connectors:
a) Burndy Model: Universal Terminal.
b) Thomas & Betts Model: Locktite.
c) O-Z/Gedney Model: Socket Set-Screw.
2 Spring Wire Connectors:
a) 3 M Model: Scotchlok.
b) Ideal Model: Wire-Nut.

3.Buchanan Model: B-Cap.Compression Connectors:
1)Burndy Model: Hydent.
2)Thomas & Betts Model: Color-Keyed & Sta-Kon.
3)Teledyne Penn-Union Model: Penn-Crimps.
704-23 ELECTRICAL EQUIPMENT
704-23.1 Motor Rated Disconnects

1. UL Type 4X, 316 SS
b. Corrosion Resistant
c. Lockable and Defeatable Rotary Switch Handle
d. 3 pole with Auxiliary Contact
e. Padlockable in the Off Position
f. Horsepower Rated
g. Motor Rated Disconnects shall be Altech, Mennekes, Schneider electric “Or Equal” 704-23.2 DISCOUNT SWITCHES

1. All switches shall have switch blades which are visible when the switch is OFF and the cover is open.

2. Lugs shall be UL Listed for 75o C conductors, aluminum or copper.

3. All current carrying parts shall be plated to resist corrosion.

4. The switch operating mechanism shall be quick-make, quick-break such that, during normal operation of the switch, the operation of the contacts shall not be capable of being restrained by the operating handle after the closing or opening action of the contacts has started.

5. The operating handle shall be an integral part of the box, not the cover.

6. Provisions shall be provided for padlocking the switch in the OFF position.

7. The enclosure shall be finished with gray baked enamel paint which is electrodeposited on cleaned, phosphate pre-treated steel (Type 1).
a) NEMA 12/3R gray baked enamel paint which is electrodeposited on cleaned, phosphate pre-treated galvannealed steel. Tangential knockouts shall be provided to facilitate ease of conduit entry on switches through 200 ampere.
b) Enclosures for Type 3R switches through 200 ampere shall have provisions for interchangeable bolt-on hubs in the top endwall.
c) Switches shall be horsepower rated for 240Vac and above as indicated on the plans. d) The UL Listed short circuit rating shall be 100,000 rms symmetrical amperes when used with or protected by Class R fuses (30-600 ampere switches employing appropriate fuse rejection scheme).
e) Provide 316 SST NEMA 4X rating in corrosive areas.
f) Disconnect switches shall be as manufactured by:
g) Square D
h) Cutler-Hammer
i) “Or Equal”
704-23.3 RECEPTACLES
Provide weather tight, GFCI receptacles.
704-23.4 SITE LIGHTING
Provide site lighting in accordance with the Contract Drawings. 704-24 CONDUIT, RACEWAYS, AND WIREWAYS

704-24.1 GENERAL Conduit, raceways, and wireways, wiring methods, materials, installation shall meet all requirements of the NEC, be UL labeled for the application, and meet the minimum following specifications:
1 All wiring shall be installed in conduits, raceways, or wireways when interconnecting equipment and devices.
2 The Contractor shall use special conduit, raceways, wireways, construction methods, and materials as shown on the Contract drawings.
3 The minimum size conduit shall be 3/4-inch unless indicated otherwise on the Drawings or for special connections to equipment.

4. Conduit stubs for future use shall be capped with coupling, nipple, and plug.

5. Conduits to be abandoned that protrude above graded shall be cut flush and filled with grout.
704-24.2 CONDUIT MARKING

1. All conduits (except receptacle and lighting wiring ) shall have conduit tags at both terminations of each conduit.

2. Tag material shall be rigid laminated red phenolic with white lettering. The size of the tag shall be 2" diameter. No letters are allowed smaller than 7/16". Tags shall be heat and UV resistant, stain proof, electrically non-conductive and non-corroding.

Securely fasten tags in place using plastic tie-wraps. Engrave the tags, on both sides, with the conduit number as listed in the conduit schedule or on the Contract Drawings.

Labeling shall be neatly installed for visibility and shall be clearly legible. Conduit tags shall be Brady Custom B-1 or approved equal.
704-24.3 GALVANIZED RIGID STEEL (GRS) or RIGID METALLIC CONDUIT (RMC)

1. Standard weight, coated on outside by hot-dipping or sherardizing process, with either zinc coated or other approved corrosion resistant coating on inside. Fabrication shall be hot-dip galvanized after fabrication, conforming to NEMA RN 1.

2. Provide galvanized rigid steel factory elbows for 90 degree transitions.

3. Fittings shall be hot dipped galvanized steel or galvanized cast ferrous metal. Provide threaded-type fittings, couplings, and connectors; set-screw type and compression-type are not acceptable.

4. All joints shall be treated with T & B "Kopr-Shield".

5. Conduits entering enclosures shall be fitted with insulated grounding bushing; O-Z "HBLG", Appleton "GIB", or approved equal. All grounding bushings shall be tied to the grounding system with properly sized bonding conductors per the NEC code. 704-24.4 GALVANIZED RIGID STEEL CONDUIT - PVC COATED STEEL CONDUIT (PCS)

1.Standard weight, galvanized conduit with a 40-mil thick polyvinylchloride coating bonded to both the outside and urethane interior coating. Conduit shall be hot-dip galvanized conforming to NEMA RN 1. GRS-PVC conduit to be Robroy Plasti-bond Red or approved equal.

2. Provide PVC coated galvanized rigid steel factory elbows for 90 degree transitions.

3. Fittings shall be hot dipped galvanized steel or galvanized cast ferrous metal with a PVC 40 mils thick coating. Provide threaded-type fittings, couplings, and connectors; set-screw type and compression-type are not acceptable.

4. All joints shall be treated with T & B type CP "Kopr-Shield", LPS No. 3 rust inhibitor or approved equal.

5. All junction and metal pull boxes shall be galvanized with exterior surfaces PVC coated to 40 mils thickness.

6. Conduits entering enclosures shall be fitted with insulated grounding bushing; O-Z "HBLG", Appleton "GIB", or approved equal. All grounding bushings shall be tied to the grounding system with properly sized bonding conductors per the NEC code. 704-24.5 PVC CONDUIT SCHEDULE 40 (PVC-40) AND 80 (PVC-80)

1. Shall be high impact schedule 40 or 80, polyvinylchloride suitable for use underground, direct burial and for use with 90 C wires, and shall conform to UL 651. Shall be UL listed and labeled for "direct" burial.

2. A copper bonding conductor shall be pulled in each raceway and bonded to equipment at each end with approved lugs.

3. Each underground run shall placed in a trench with a minimum of two (2) inch sand bed evenly compacted on all sides, top and bottom.

4. Bends, elbows, and risers shall be made with galvanized rigid steel (GRS) conduit using threaded adapters. Bond each metallic portion to each other and to equipment connected at each end of conduit run.

5. PVC fittings shall have solvent-weld-type conduit connections.

6. PVC conduit shall be stored on a flat surface and shielded from the sun. 704-24.6 LIQUID TIGHT FLEXIBLE METAL CONDUIT (FLEX)

1. Minimum trade size one-half inch (1/2").

2. Connectors: Appleton "STB" or approved equal through two inches (2") trade size. Appleton "ST", O-Z "4Q", or equal with insulated
bushings for over two inches (2") trade size.

3. Suitable for connection of indoor or outdoor motors, controls, and mechanical equipment.

4. Shall be used for conduit coupling to all vibrating and shifting equipment.

5. Flexible conduit lengths shall not be greater than 36 inches.

6. Flexible metallic conduit shall not be considered as a ground conductor, install a separate wire for equipment bonding.

7. Flexible conduit shall only be installed in exposed or accessible locations.

8. Final connections to vibrating equipment such as motors and fans shall be made with flexible conduits.
704-24.7 FLEXIBLE METAL CONDUIT, SEALED LIQUIDTIGHT (SLT):

1. Flexible sealed liquidtight metal conduit (SLT) shall be in accordance with ANSI C33.92 and shall be galvanized steel core with a copper bonding conductor between the spiral segments and an extruded synthetic jacket overall to insure a liquid tight conduit. Flexible metallic conduit shall be fabricated from galvanized interlocked steep strip. Liquid tight flexible metallic conduit shall have an extruded polyvinylchloride covering of the flexible steel conduit.

2. SLT conduits shall meet the minimum requirements of NEC Code Table C3 "Maximum Number of Conductors and Fixture Wires in Flexible Metallic Conduit" and Table C3A "Maximum Number of Compact Conductors and Fixture Wires in Flexible Metallic Conduit."

3. Minimum trade size one half inch (1/2 ") unless otherwise shown on Contract Drawings.

4. Flexible conduit lengths shall not be greater than 36 inches for conduits 11/2" or smaller (1/2" minimum) and 48 inches for conduits 2" or larger.

5. SLT shall not be considered as a ground conductor, install a separate ground wire for equipment bonding,

6. Non-metallic flexible conduit shall not be used.

7. Flexible conduit shall only be installed in exposed or accessible locations.

8. Install SLT in a manner that will minimize stress on connectors.

9. Flex connectors:

1. Provide PVC coated flex connectors for connection to all exterior equipment locations.

2. Provide PVC coated fittings when connected to PCS conduits.

3. Provide PVC coated fittings in a NEMA 4X environment.

10. Manufacturer:

1. Anamet, Sealtight Flexible Conduit

2. Electri-Flex Company

3. Alflex Corporation
704-25 CONDUIT SEALS
704-25.1 CONDUIT SEALS

1. Conduit seal (Non-Explosion Rated) shall provide high adhesion and moisture protection. Seal shall absorb cable filling material and be reenterable. Conduit seal shall be 3M #442 High Gel reenterable encapsulant, or approved equal.

2. Explosion proof rated seals shall be provided in accordance with the manufacturer requirements for sealing in compliance with the area rating. 704.25.2 .SEALING FITTINGS (Hazardous Location)

1. Hazardous Location Sealing fittings shall be furnished in accordance with:
a. UL-886
b. NEC
c. Class I, Division 1, Groups A, B, C, D
d. Class II, Division 1, Groups E, F, G
e. Class II, Division 2, Groups F, G
f. Class III

2. Sealing fittings shall be installed in conformance with NEC requirements for hazardous locations and as indicated on the contract drawings. Sealing fittings and compounds shall be certified and UL listed for the Hazardous location class, division and group.

3. When used outdoors and in corrosive areas shall be PVC coated.

4. Malleable iron with steel conduit.

5. Type EYD where drains are required.

6. Type EYS where drains are not required.

7. As manufactured by: Appleton, Crouse-Hinds, RobRoy, OCAL. 704-25.3 CONDUIT RACEWAY SUPPORT

1. GENERAL
a) Materials, and installation shall meet all requirements of the NEC, and meet the minimum following Specifications.
b) Inserts, hangers, brackets and miscellaneous supports for electrical equipment and conduits must be designed with minimum safety factor of 4, based on ultimate strength of material used. For empty conduits, include weight of 4 Type XHHW copper wires of maximum permissible size.
c) Secure hangers, brackets, conduit straps, supports and electrical equipment as specified and indicated on the contract drawings.
d) Power driven or velocity driven inserts may be used where their use does not affect finished appearance of work, but may not be used on structures in tension. They may not be used in prestressed slabs, beams, purlins, or in precast members.
e) All clamps and accessories shall be stainless steel. f) Support channels steel shall conform to the requirements of ASTM A570. These shall be nominal 1 5/8" x 1 5/8" roll formed low carbon 12 gauge galvanized steel in dry areas and 316 stainless steel in NEMA 4X or corrosive areas. One side of the channel shall have a continuous slot within turned lips. Double strut shall be two of these welded back to back.
g) Mounting, support, or bracing bolts shall not be used as an attachment point for ground conductors. Attachment of the grounding conductor to equipment or enclosures shall be by connectors specifically provided for grounding.

2. CONDUIT SUPPORTS:
a) Single Conduit Hangers: 3/8" minimum diameter stainless steel rod or anchor. b) Trapeze Hangers: Channel with 1/2" minimum diameter stainless steel rods. c) Supports for Indoors in Non Corrosive/Dry Locations:

1. Hangers, channels, clamps, supports and rods; galvanized steel

2. Conduit straps and single hole clamps; galvanized.

3. Steel bolts, screws, nuts and washers, galvanized.

4. Paint surfaces to match adjacent finishes.

5. Supports for Outdoors, Corrosive/Wet, and NEMA 4X Locations:
a) Hangers, channels, clamps, supports and rods; stainless steel. b) Furnish fiberglass channels in chemical feed area.
c) Conduit straps and single hole clamps, stainless steel or PVC coated galvanized steel.

6. Bolts, screws, nuts and washers; stainless steel.

7. All supports shall be braced at 10 foot intervals, minimum.

3. CONDUIT RACKS

1. Fabricated conduit racks and raceway bridges as required to support the conduit raceway system. Secure conduit raceway with structural supports at 6’ intervals.

2. Size conduit rack and support system to meet Seismic requirements and to support the weight of the conduit raceway. Furnish and install all materials required to support the conduit racks in accordance with the seismic requirements.

4. EQUIPMENT AND DEVICE SUPPORTS:

Equipment and device supports shall be similar to that indicated in the installation details.
704-25.4 PULL BOXES

1.JIC BOXES
Each JIC box shall have JIC type construction and shall be manufactured of stainless steel. Cover shall be attached with stainless steel screws. No devices, screws, rivets, or bolts shall protrude through the exterior surface unless specifically shown on the drawings.

2. UNDERGROUND BOXES
Underground pull boxes, where shown or required by length of conduit runs, shall be prefabricated concrete type with the size shown on the Drawings or larger to allow for adequate pull area. Extension sections shall be provided as necessary to reach the depth of underground conduits. All boxes shall have galvanized steel hold down bolts and hardware. Boxes located in paved areas or other areas which vehicles may travel shall be H/20 loading rated and have traffic covers. Steel covers or lids shall be galvanized. Pull box covers shall be labeled power, signal, utility, telephone, whichever applies. Pull boxes shall be Christy Concrete Products, Brooks or approved equal. 704-26 GROUNDING SYSTEM

1. The utility service entrance ground bus shall be tied to a ground grid consisting of a ground rod type grounding system.

2. The ground rod shall consist of not less that 10 continuous feet of 3/4 inch copper coated electroplated high grade carbon steel. The ground rod shall be a NEHRING type NCC, Weater 348 or approved equal. The ground rod shall extend up for visible connection of a UL approved “ground clamp” to the ground bus.

3. The main ground bonding wire from the ground shall extend up into the utility service entrance switchboard for the visible connection with a UL approved "ground clamp" attached to the ground bus. The main ground bonding wires shall be a 2/0 copper.

4. Network ground bond wires shall be connected from the switchboard ground bus and other points shown on the Contract drawings. The network ground bonding wires shall be 1/0 copper minimum.

5. Ground clamps shall be bolt-on type as manufactured by ILSCO type AGC, O-Z Gedney type GRC, or approved equal.

6. Grounding conductors shall be sized as shown on the Plans or in accordance with NEC table 250-95, whichever is larger.

7. Grounding and bonding wires shall be installed in all PVC conduits and nonmetallic raceways and connected to the ground bus and all equipment.

8. Each ground bus shall be copper. Screw type fasteners shall be provided on all ground busses for connection of grounding conductors. Ground bus shall be a Challenger GB series, ILSCO CAN series or approved equal.

9. One side of the secondary on all transformers shall be grounded to the ground bus.

10. All raceway systems, supports, enclosures, panels, motor frames, and equipment housings shall be permanently and effectively grounded.

11. All receptacles shall have their grounding contact connected to a grounding conductor.

12. Attachment of the grounding conductor to equipment or enclosures shall be by connectors specifically provided for grounding. Mounting, support, or bracing bolts shall not be used as an attachment point for ground conductors.

13. Antenna shall be grounded directly to the site ground rod via a #4 awg ground conductor routed directly from the mast to the ground rod. 704-27 EXECUTION

1. WORKMANSHIP
a) All work in this Section shall conform to the codes and standards outlined herein. b) The Contractor shall employ personnel that are skilled and experienced in the installation and connection of all elements, equipment, devices, instruments, accessories, and assemblies. All installation labor shall be performed by qualified personnel who have had experience on similar projects. Provide first class workmanship for all installations. c) Ensure that all equipment and materials fit properly in their installations. d) Perform any required work to correct improper installations at no additional expense. e) The Owner reserves the right to halt any work that is found to be substandard or being installed by unqualified personnel.
f) Keep the premises free from accumulation of waste material or rubbish on a daily basis. Upon completion of work, remove materials, scraps, and debris from the premises and from the interior and exterior of all devices and equipment. Refinish damaged surfaces to new condition using skilled craftsmen of the trades involved at no additional cost to the Owner. g) All equipment installed by the Contractor shall be in accordance with the Drawings and the manufacturer's recommendations & instructions and shall operate to the Owner's satisfaction.

Follow all manufacturers’ instructions for handling, receiving, installation, and pre-check requirements prior to energization. After energization, follow manufacturer’s instructions for programming, set-up and calibration of equipment. The Contractor shall be responsible for, and shall correct by repair or replacement, at his own expense, equipment that, in the opinion of the Owner has been caused by faulty mechanical or electrical assembly by the Contractor. Necessary tests to demonstrate that the electrical and mechanical operation of the equipment is satisfactory and meets the requirements of these Specifications shall be made by the Contractor at no additional cost.
704-28 CONSTRUCTION METHODS, GENERAL

1. All field wires and panel wires shall have HEAT SHRINK wire markers as specified in the “WIRE” Section.

2. No wires shall be spliced without prior approval by the Owner.

3. Where splices are allowed or approved by the Engineer they shall conform with the following:

1. Wire splicing devices shall be sized according to manufacturer's recommendations.

2. Splices of #10 and smaller, including fixture taps, shall be made with see-thru nylon self-insulated twist on wire joints; T & B "Piggys", Ideal "Wing-Nut" or approved equal.

3. Splices of #8 and larger shall be hex key screw two way connectors, with built in lock washers; T & B "Locktite", O-Z type XW or approved equal, insulated with 3M Scotch Super #88, Plymouth or approved equal.
d) Splices in underground pullboxes shall be insulated and moisture sealed with 3M "Scotchcast" cast resin splice kits, Plymouth splice kits, or approved equal and shall have a date marking for shelf life.

4. Equipment shall be wired and piped by the manufacturer or supplier. Major field modifications or changes are not allowed without the written "change order" authority by the Owner. When field changes are made, the components, materials, wiring, labeling, and construction methods shall be identical to that of the original supplied equipment. Contractor's cost to replace or rework the equipment to match original manufacturer or supplier methods shall be done at no additional cost to the Owner.

5. Mating fittings, bulkhead fittings, plugs, connectors, etc. required to field interface to the equipment and panels shall be provided by the supplier when the equipment is delivered.

6. All electrical and instrumentation drawings associated with the equipment shall be provided with the equipment when it is delivered to the job site. Drawings for each piece of equipment shall be placed in clear plastic packets of sufficient strength that will not tear or stretch from drawing removal and insertion.
704-29 DAMAGED PRODUCTS
Damage products will not be accepted. All damaged products shall be replaced with new products at no additional cost.
704-30 FASTENERS

1. Fasteners for securing equipment to walls, floors, and the like shall be stainless steel. The minimum size fastener shall be 3/8 inch diameter.

2. Concrete pad with stainless steel anchor bolts shall be provided for the all free standing enclosures and metering/control panel pedestals.
704-31 INSTALLATION METHODS

1. Install all products per manufacturer's recommendations and the Drawings.

2. Contract Drawings are intended to show the basic functional requirements of the electrical and instrumentation system and do not relieve the Contractor from the responsibility to provide a complete and functioning system.

3. Provide all necessary hardware, conduit, wiring, fittings, and devices to connect the electrical equipment provided under other Sections. The following shall be done by the Contractor at no additional cost.
a) Provide additional devices, wiring, conduits, relays, signal converters, isolators to complete interfaces of the electrical and instrumentation system. b) Changing normally open contacts to normally closed contacts or visa versa c) Adding additional relays to provide more contacts as necessary. 704-32 PANELS AND ENCOSURES

1. Install all panels in accordance with the approved Seismic anchoring requirements.

2. Install panels and enclosures at the location shown on the Plans or approved by the Owner.

3. Install level and plumb.

4. Seal all enclosure openings to prevent entrance of insects and rodents. 704-33 CONDUITS AND DUCTS

1. All wire shall be routed in conduits.

2. Control conductors, DC signal conductors, communications conductors and power conductors shall be routed in separate conduits. Consolidation of signal, power and control into a single conduit or pullbox is not allowed.

3. Except as expressly indicated or approved, all conduits shall be concealed in walls and located below floor slabs. Care shall be exercised to avoid interference with the work of other trades. This work shall be planned and coordinated with the other trades to prevent such interference. Pipes shall have precedence over conduits for space requirements.

4. Conduits transitioning from below grade to above grade shall be PVC Coated including the first elbow to a minimum of 18” above grade.

5. Exposed conduits shall be neatly arranged with runs perpendicular or level and parallel to walls. Bends shall be concentric.

6. All conduits shall be secured by means of proper fittings.

7. Outlet boxes, fittings and junction boxes shall be used for all outlets, pull boxes and junction points. (Lighting fixtures shall not be supported or hung from PVC junction boxes but be supported in position by other means.)

8. PVC conduit, except where embedded in concrete or direct buried shall be supported to permit adequate lineal movement to allow for expansion and contraction of conduit due to temperature change.

9. For aboveground installations where temperature change in excess of 14°C (25°F) is anticipated, expansion joints shall be installed.

10. Proper care shall be taken when field bending is employed to maintain the internal diameter and wall thickness of the conduit.

11. All spare conduits shall have 3/8" nylon pull ropes installed. 704-34 MODIFICATION OF EXISTING CONDUIT RACEWAY SYSTEMS

1. Where field changes are required, every precaution shall be taken to insure that the change is coordinated with other conduit, structural, plumbing, and piping work. Information shall be obtained regarding the completed raceway runs to insure that there will be no interference when the raceway run is extended or revised. A complete record of such changes shall be made on the Record Contract Drawings.

2. The contractor shall coordinate the modification of all existing conduit, wire, raceways, pull boxes, electrical panels and control systems with the Owner. The contractor shall notify the owner 5 days in advance any work that will require the removal, demolition or modification of existing equipment.
704-35 WIRING METHODS

1. GENERAL

2. Provide grounding and shielding in conformance with ISA. The shield of shielded cables shall be terminated to ground at one end only, the origination end. The shield at the other end shall be encased in an insulated material to isolate it from ground. b) Route all conductors in accordance with the contract drawings and/or conduit schedules. c) Provide 20 percent spare conductors for all instrumentation, control and signal wiring above that indicated in the Contract Documents.
d) All wiring shall be neatly bundled and laced with plastic tie-wraps, anchored in place by screw attached retainer. Where space is available, all wiring shall be run in slotted plastic wire ways or channels with dust covers. Wire ways or channels shall be sized such that the wire fill does not exceed 60 % of the NEC allowable fill. Tie-wraps shall be T&B TY-RAP, or approved equal.
e) Wiring inside of conduit, plastic wire duct, duct bank sections or corrugated loom tubing is not to be wire tied or taped together.
f) Where wiring crosses hinged surfaces, provide a "U" shaped hinge loop protected by black head stabilized corrugated loom tubing as manufactured by Panduit # CLT100N-C630, or approved equal. The hinge loop shall be of sufficient length to permit opening and closing of the door without stressing any of the terminations or connections. Corrugated flexible wire duct shall be Graybar T25N, or approved equal. g) Wireway retainers, and other devices shall be screw-mounted with round-head 316 stainless steel screws or mechanically mounted by push-in or snap-in attachments. Glue or sticky back attachment of any type or style shall not be used. Retainers shall be T&B TC series, or approved equal.

2. WIRE ROUTING
a) Wires within panels shall be routed in slotted plastic wire-ways with snap covers. Wires carrying 120 VAC shall be separated as much as possible from other wires and signal cables, and shall be routed only in wireways for 120 VAC. If the power wiring has to cross the signal wiring, the crossing shall be as close to a right angle as possible.

Wireways for 24 VDC wiring shall be used for all other wires and cables. Routing of 120 VAC in combined ducts shall not be allowed.
b) Wires and cable shall be routed along the shortest route between termination points, excepting routes which would result in routing 120 VAC and other wires and cables in the same duct. Wires and cables shall have sufficient length to allow slack and to avoid any strain or tension in the wire or cable. Wires and cables shall be placed in the wireways in a straight, neat and organized fashion and shall not be kinked, tangled, or twisted together. Additional wire ducting shall be provided for use by the Electrical Subcontractor for routing field wires to their landing points in the each electrical and instrumentation panel.
c) Wiring that cannot be routed in wireways, shall be neatly bundled and laced with plastic ties. Wiring across door hinges shall be carefully made up and supported to avoid straining and chafing of the conductors or from putting any strain on their terminals. d) Wires carrying 100 volts and above shall be physically separated from lower voltage wiring by using separate bundles or wire ways with sufficient distance to minimize the introduction of noise, crossing only at 90 degree angles. e) Exposed Tie-Wraps: Plastic tie-wraps used in all outdoor or exposed applications shall be sun resistant UV rated for outdoor usage.

3. WIRE TERMINATIONS
a) Single wire and cable conductors shall be terminated according to the requirements of the terminal device.
b) As a minimum, provide a ground terminal or connection point for the power system grounding conductor for each terminal block group.
c) Terminate field wiring on the "field side" of the terminal blocks. Do not connect internal panel wiring to the "field side" of the terminal blocks. Do not connect field wiring to the "panel side" of the terminal block.
d) Provide a minimum of 20% spare terminals in all MCC cubicles, electrical and instrumentation enclosures, and instrumentation/control panels. e) Terminate all conductors including spares. All power, control and instrument wires entering and leaving a compartment shall terminate on terminal blocks. f) No more than two field wires are to be inserted in any single terminal block. g) For screw terminals, appropriately sized locking forked spade lugs shall be used. Lugs shall be crimp on type that forms gas tight connections. All crimping shall be done using a calibrated crimping tool made specifically for the lug type and size being crimped.
h) On shielded cables, the drain wire shall be covered with heat shrunk insulating tubing along its full bare length between the cable jacket and the terminal lug or terminal pressure plate. To insulate the foil or braid shielding use heat shrink tubing sized for the wire and shrunk into place with the properly sized heat gun. i) Minimum distance between terminal blocks and relays or other terminations shall be 2". j) The wire label codes for each end of the same wire shall be identical. 704-36 DEVICE MOUNTING HEIGHTS:

1. Mounting heights of fixtures and devices shall be as follows unless otherwise indicated or when height has to be adjusted to be over or under counter tops.

Wall switches => 48 inches
Convenience outlets => 12 inches
Telephone outlets => 54 inches
Bracket fixtures => 7 feet 6 inches
704-37 EXCAVATION AND BACKFILLING

1. Trenches for all lines below floor slabs and all underground electrical lines shall be excavated to the required depths. Conduits under floor slabs shall have trenches no deeper than is required to properly contain bends within walls.

2. Underground conduits outside of structures, excluding utility conduits, shall have a minimum cover of 18 inches except under roadways where minimum cover shall be 24 inches or when concrete encased. Back filling shall be done only after conduits have been inspected.

Material for back filling shall be sand covered by compacted earth back fill.

3. Excavation, bedding and back fill of lines and conduits shall conform to the requirements of the City of Lakeport Design and Construction Standards and shall include:
a) Standard trenching Detail 222
b) HMA material specified in note 5 and the pavement restoration requirements specified in notes 20 to 26 of the City of Lakeport Design and Construction Standards

4. At all times during the installation of the electrical distribution system, the Contractor shall provide barricades, fences, guard rails, etc., to safeguard all personnel, including small children, from excavated trenches.
704-38 CUTTING AND PATCHING
The Contractor shall do all cutting and patching required to install his work. Any cutting which may impair the structure shall require prior approval by the Owner. Cutting and patching shall be done only by skilled labor of the respective trades. All surfaces shall be restored to their original condition after cutting and patching. 704-39 CONDUIT DRAINAGE AND SEALING

1. Seal all conduits to prevent water traveling through conduits into buildings, junction boxes, underground facilities, electrical enclosures, panels, instruments, between slab decks or any other boxes that house electrical and instrumentation components. Install conduit drain boxes and plug conduit interior to form an effective barrier to keep out water traveling into equipment located below grade.

2. Conduit drainage and sealing other than required for hazardous and classified areas:

3. Provisions for sealing and drainage shall be installed in vertical drops of long (in excess of 20 feet), exterior, above grade conduit runs at the points at which the conduit enter buildings, switchgear, control panels, lighting panelboards, and other similar enclosures.

4. Exterior, above grade conduit runs that are extended below grade shall be provided with seal fittings with drains in the vertical drops directly above grade.

5. Exterior, conduit runs that extend through concrete floors (decks) shall be provided with sealing fittings.

6. Provide conduit seals with drains in areas of high humidity and rapidly changing temperatures.

7. Where portions of an interior raceway pass through walls, ceilings, or floors, which separate adjacent areas having widely different temperatures.

8. Provide conduit seals on all conduits between corrosive and non-corrosive areas.

9. Seal one end only of all underground conduits at highest point with duct seal by Manville or approved equal.

10. Pack seals with duct seal.

11. Seal each conduit entrance from below grade into the panel and other electrical enclosures with plugging compound sealant to prevent the entrance of insects and rodents. Conduits between the Power & Control Connection Boxes and the panel shall be sealed with plugging compound sealant on each end. Plugging compound sealant shall be Courtaulds Aerospace, Semco PR-868 or approved equal.

12. Provide drain fitting in each pullbox located outdoors and in non-hazardous, non-corrosive environments.
704-40 CLEANING AND TOUCHING UP

1. At the completion of the work, all parts of the installation, including all equipment, exposed conduit, and fittings, shall be thoroughly cleaned of grease and metal cuttings. Any discoloration or other damage to parts of the building, the finish, or the furnishings, due to the Contractor's failure to properly clean the system, shall be repaired by the Contractor without cost to the Owner.

2. The Contractor shall thoroughly clean any of his exposed work requiring same.

3. Vacuum and clean the inside of all enclosures prior to applying power.

4. The Contractor shall paint scratched or blemished surfaces with the necessary coats of quick drying paint to match existing color, texture and thickness. This shall include all prime painted electrical equipment including but not limited to enclosures, poles, boxes, devices etc. 704-41 TESTING

1. GENERAL REQUIREMENTS
a) It is the intent of these tests to assure that all equipment is operational within industry and manufacturer's tolerances and is installed in accordance with design plans and specifications. b) Prior to any field testing, Interconnection Drawings and Operation & Maintenance Manuals shall have been submitted by the Contractor and approved by the Owner. c) The test forms shall be completed by the testing person for field checkout, testing and calibration of all equipment. All tests shall be witnessed by the Engineer and/or Owner personnel. All filled in test forms shall be given to the Engineer and/or Owner the day of the test. Fill in two sets of test forms if Contractor wants to keep a copy.
d) The Contractor shall give the Owner 10 days notice of the dates and time for inspections a e) Include test results in the Maintenance Manual.
f) If the results of any of tests are unacceptable to the Owner, the Contractor shall make corrections and perform the tests again until they are acceptable to the Engineering; these additional tests shall be done at no additional cost.

2. SAFETY

1. Testing shall conform to the respective manufacturer's recommendations. All manufacturers’ safety precautions shall be followed.

2. The procedures stated herein are guidelines for the intended tests, the Contractor shall be responsible to modify these tests to fit the particular application and ensure personnel safety.

Absolutely no tests shall be performed that endanger personal safety.

3. California Electrical Safety Orders (ESO) and Occupational Safety and Health Act (OSHA):

The Contractor is cautioned that testing and equipment shall comply with ESO and OSHA as to safety, clearances, padlocks and barriers around electrical equipment energized during testing.

3. ELECTRICAL FIELD TESTS

1. Visual Inspection
a) Verify installation is in compliance with manufacturers requirements. b) Verify installations are in conformance with specifications. c) Verify all device ratings.
d) Verify all wiring is terminated and labeled in accordance with the contract documents and interconnection diagrams.
e) Verify protective device settings for equipment and motors per field operational data. f) Verify motor nameplate data.

2. Mechanical Operation
a) Operate all handles and mechanism to insure smooth operation. b) Open and close doors to verify proper alignment.

3. Torque Connections
All electrical, mechanical and structural threaded connections inside equipment shall be tightened in the field after all wiring connections have been completed. Every worker tightening screwed or bolted connections shall be required to have and utilize a torque screwdriver/wrench at all times. Torque connections to the value recommended by the equipment manufacturer. If they are not available, use NEC 2002 110-14 as guidelines.

4. Wire Insulation and Continuity
a) All devices that are not rated to withstand the 1000V megger potential shall be disconnected prior to the megger tests.
b) Megger insulation resistances of all 600 volt insulated conductors using a 1000 volt megger for ten seconds. Make tests with circuits installed in conduit and isolated from source and load. Each conductor shall be meggered conductor to conductor and conductor to ground. These tests shall be made on cable after installation with all splices made up and terminators installed but not connected to the equipment. c) Each megger reading shall not be less than 10 Meg-ohms resistive. Corrective action shall be taken if values are recorded less than 10 Meg-ohms. 704-42 SPARE PARTS
a) The Contractor shall supply all spare parts prior to start of field tests. All parts shall be sealed in plastic bags and delivered to the site in a heavy duty plastic storage bag. Bag shall be clearly labeled with part name & number and the corresponding equipment tagname. (6) Spare Fuses of each type
b) The Contractor shall make available any replacement parts that are not manufacturer's normal stock items for immediate service and repair of all the instrumentation equipment throughout the warranty period.
704-43 WARRANTY
a) The Contractor shall warrant all electrical and instrumentation equipment & software for a period of one (1) year from date of final acceptance. Standard published warranties of equipment which exceed the preceding specified length of time shall be honored by the manufacturer or supplier.
b) Prior to "final acceptance", the Contractor shall furnish to the Owner a listing of warranty 704-44 FINAL ACCEPTANCE
Final acceptance will be given by the Owner after the equipment has passed the "final acceptance trial period", each deficiency has been corrected, final documentation has been provided, and all the requirements of design documents have been fulfilled.

END

Lakeport City CouncilJuly 2, 2024

Lakeport City Council
July 2, 2024