Agenda packet — Lakeport City Council, July 15, 2025 (part 1 of 2)

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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, THE LAKEPORT GROUNDWATER SUSTAINABILITY AGENCY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT

REDEVELOPMENT AGENCY)
Tuesday, July 15, 2025 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of July 15, 2025 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, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, July 15, 2025, 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 the minutes of the City Council regular meeting of June 17, 2025, and the special meeting of June 30, 2025.

C. Application 2025-035: Approve application 2025-035, with staff recommendations, for the Recovery Happens event.

D. Application 2025-036: Approve application 2025-036, with staff recommendations, for Harvest Festival.

E. Master Salary Schedule Approve a Resolution rescinding Resolution 2973 (2024) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

F. Lake County Fair ADA Parking: Approve the designated temporary disabled parking on both sides of C and D Streets, between South Forbes Street and the respective fairgrounds entrance gates from 4:00 p.m. on Thursday, August 31 to Midnight on Sunday, September 3, 2025 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 of professional certifications to the following employees:

1. Fire Marshall Certification (CFM), Bethany Moss, Chief Building Official

2. Certified Municipal Clerk Designation (CMC), Hilary Britton, Deputy City Clerk/Records Supervisor
VI. PUBLIC HEARINGS:

City Council Agenda of July 15, 2025 Page 3
VII. COUNCIL BUSINESS:

A. City Manager

1. Sonoma Clean Power
Feasibility Study:

Receive the presentation from Sonoma Clean Power (SCP) regarding their updated feasibility study and direct staff to continue participating in regional discussions with SCP, the County of Lake, and the City of Clearlake, and to return to the City Council with additional information should SCP formally extend an offer of service.

2. Mission & Vision
Statements:

Discuss and clarify the intended purpose and audience of the Mission and Community Vision Statement. Further, provide direction to staff on whether and how to solicit additional community input before finalizing the statement for future use.

B. Public Works Director

1. Contract Award: Approve the plans, specifications and working details and award a construction contract to Ghilotti Construction Company, Inc. for the Martin & Lakeshore Repaving Project and authorize the City Manager to execute the construction contract for the bid amount of $1,211,621.40.

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 17, 2025 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, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, June 17, 2025, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Costa called the meeting to order at 6:05 p.m. with Council Members Disney, Mattina, Parlet and Price present.

A moment of silence was observed for the recent passing of John Dye, former Councilmember.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Jason Taormino.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to accept agenda as amended with the removal of Item VII A.

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 the minutes of the City Council regular meeting of June 3, 2025.

C. Application 2025-032: Approve application 2025-032, with staff recommendations, for the SafeRx Overdose Awareness Day event.

D. Application 2025-033: Approve application 2025-033, with staff recommendations, for the Sponsoring Survivorship Fun Walk/Run.

E. Application 2025-034: Approve application 2025-034, with staff recommendations, for Rotary Time Capsule Celebration.

F. Annual Military Equipment Policy
Report:

Accept the Annual Military Equipment Report and renew the original Ordinance, City of Lakeport Ordinance number 933 (2022), based on the findings required by Government Code section 7071, subdivision (d).

G. Meeting Cancellation: Authorize the cancellation of the regular meeting of July 1, 2025.

H. Second Reading of an Ordinance
to Designate Fire Hazard Severity
Zones (FHSZ) in the Local
Responsibility Area (LRA) as
Required by State Law:

Adopt an Ordinance designating Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection within the Local Responsibility Area of the City of Lakeport.

Vote on Consent Agenda: A motion was made by Council Member Disney, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to accept the Consent Agenda, Items A-H, with the minutes amended to reflect Mayor Costa’s absence.

City Council Minutes of June 17, 2025 Page 3
V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Jason Taormino, Local Government Affairs Representative for PG&E, introduced himself to the City Council as the single point of contact.

Elaine Brown commented that PG&E is killing small businesses in this county.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. City Manager

1. Sonoma Clean Power
Feasibility Study:

This item was removed from the agenda and not presented. The item will be brought back at a future date.

B. Public Works Director

1. Active Transportation
Plan (ATP)
The staff report was presented by Public Works Director Ladd. Dan Burden of Blue Zones provided an overview of the development and recommendations of the Active Transportation Plan.

Greg Damron from Blue Zones Lake County commented on the Plan.

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 proposed resolution approving the City of Lakeport Active Transportation Plan.

C. Community Development Director

1. Permanent Local Housing
Allocation Program
(PLHA) Resolution:

The staff report was presented by Community Development Director Hejnowicz.

A motion was made by Council Member Price, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to adopt an authorizing resolution of the City of Lakeport Authorizing Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program.

D. Finance Director

1. Delinquent Utilities The staff report was presented Finance Director Dizon.

A motion was made by Council Member Mattina, seconded by Council Member Disney, and unanimously carried by voice vote 5-0-0-0 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, 2024 through May 31, 2025 and setting a public hearing on the written report prior to collection on the tax roll.

E. All Departments:

1. Budget Workshop: The staff reports were presented by City Manager Ingram, Finance Director Dizon, and Administrative Services Director Buendia.

City Council Minutes of June 17, 2025 Page 4
Fred Christensen complimented Associate Planner Victor Fernandez.

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to receive the fiscal year 25-26 budget workshop presentation and direct staff to incorporate any input for the final budget adoption at the special meeting scheduled for June 30th, 2025 VIII. CITY COUNCIL COMMUNICATIONS:

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

Assistant City Attorney Anderson had no report.

Finance Director Dizon
GIS Technician Olea had no report.

City Manager Ingram reminded the Council that the regular meeting scheduled for July 1st will be canceled. Instead, a special meeting will be held on Monday, June 30th at 6:00 PM for the primary purpose of adopting the budget.

Police Chief Stoebe reported that Bonnie O'Donnell, a Behavioral Health Clinical Specialist from Lake County Behavioral Health, began working out of the Police Department on Monday. She is co-responding with officers on calls involving potential mental health crises. The program is progressing, with O'Donnell building relationships within the department and beginning outreach externally as well.

Public Works Director Ladd had no report.

Community Development Director Hejnowicz at staff has been working diligently on the final closing documents for the Parkside Apartments project. Groundbreaking is expected to occur shortly after the Fourth of July holiday. A press release and additional information, including contact details for inquiries, will be made available.

He noted this as an exciting development for the City of Lakeport.

Administrative Services Director Buendia had no report.

Utilities Director Harris had no report.

Council Member Price Council Member Price reported that the application window for 4th of July vendor participation through the Lakeport Main Street Association is closing soon. The City is in communication with PEG TV regarding broadcasting capabilities. Additionally, she provided an update on the T-Mobile Hometown Grant, noting she has received three letters of support and is working with Sam Euston to compile testimonial videos and photos from past events at the community center.

The grant application is due June 30th and is expected to be submitted before the deadline.

Council Member Parlet had no report.

Council Member Disney commented on the South Main Paving Project, noting how quickly it was done.

Council Member Mattina had no report.

Mayor Costa Mayor Costa reported attending the Lakeport "Camp & Shine" Volkswagen event, which was well-attended and had a great atmosphere. She presented the Mayor’s Choice award to a red and black convertible, sharing a personal story that influenced her selection. Mayor Costa noted the positive feedback from attendees about Lakeport as a welcoming and enjoyable event location and expressed support for continuing to promote and host similar events in the community.

City Council Minutes of June 17, 2025 Page 5
CLOSED SESSION: Mayor Costa adjourned the open session at 8:01 p.m., to consider the following:

1. CONFERENCE WITH LABOR NEGOTIATOR
(Gov. Code § 54957.6)
City Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Lakeport Police Officers Association Report out of Closed Session: The Council returned from Closed Session at 9:05 p.m. with no reportable action.

ADJOURNMENT: Mayor Costa Adjourned the meeting at 9:05 p.m.. _______________________________________
Kim Costa, Mayor
Attest:
___________________________________
Kelly Buendia, City Clerk

1. Call to Order and
Roll Call:

Mayor Costa called the meeting to order at 6:02 p.m. with Council Members Disney, Mattina, Parlet and Price present, with Council member Price attending via Zoom. Councilmember Price
participated remotely this evening under the “just cause” authority provided by Government Code section 54953(f)(2)(A)(i).

Councilmember Price notified the City of her need to participate remotely for just cause due to childcare responsibilities at the earliest opportunity possible. Councilmember Price participated using both audio and visual technology and no individuals 18 years or older were present in the room with her.

2. Application 2025-
037:

A report was presented by City Manager Ingram. City Council member Mattina recused herself from vote due to a possible conflict of interest, as her son owns the business sponsoring the event.

A motion was made by Council Member Disney, seconded by Council Member Parlet, and unanimously carried by voice vote 4- 0-0-1, with Council Member Mattina abstaining, to approve application 2025-037, with staff recommendations, for the Cinema by the Shore event.

3. FY 2025-26
Budget:

The staff report was presented by Finance Director Dizon and City Manager Ingram. Council member Mattina recommended the
following language for the mission and vision statements:

Mission Statement - Lakeport is a beautiful and welcoming community. We are dedicated to preserving its small-town charm while ensuring it remains a wonderful place to raise a family, enjoy retirement, explore the outdoors, and live a healthy, fulfilling life.

Community Vision - Lakeport’s unique character and community values are the foundation of our future. These treasured qualities will be preserved and enhanced through the effective, responsive, and forward-thinking delivery of municipal services.

MINUTES

NOTICE AND CALL OF SPECIAL MEETING

OF THE LAKEPORT CITY COUNCIL
Monday, June 30, at 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 A motion was made by Council Member Parlet, seconded by Council Member Disney, and unanimously carried by voice vote 5- 0-0-0 to approve the operating and capital expenditure budget for the 2025-26 fiscal year and adopt the associated resolution, with recommended changes to the mission and vision statements.

Staff was further directed to bring the Mission and Vision statement back for further Council consideration.

4. FY 2025-26
Appropriations
Limit:

The staff report was presented by Finance Director Dizon.

A motion was made by Council Member Disney, seconded by Council Member Parlet, 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.

Adjournment: Mayor Costa adjourned the meeting at 6:27 p.m. ____________________________________
Kim Costa, Mayor
Attest:
_______________________________
Kelly Buendia, City Clerk

CITY OF LAKEPORT
225 Park Street Please Note: Phone: (707) 263-5615, Ext. 102 Lakeport, CA 95453 Bounce Houses and Waterslides are prohibited Fax: (707) 263-8584

APPLICATION FOR USE OF PUBLIC AREAS
Please note: City Council meetings are held the FIRST and THIRD TUESDAY of the month. Application forms require City Council approval and must be completed and submitted to the City Clerk at least one month prior to the Council meeting at which they will be considered.

This section to be completed by City:

Application Received (Date): Application No.
$15.00 Application Fee Paid For Council Meeting of (Date):

This section to be completed by Applicant (please answer all questions with as much detail as possible):

Applicant Name: Organization Name:

Address: Address:

Home Phone: Work Phone: Mobile Phone:

Email Address: Website/Facebook Page:

Other Contact: Phone for Other Contact:

Organization is: Nonprofit Organization For Profit Organization Name of Event:

Description of Event:

Public Area of Use: ☐ Main Street ☐ Library Park ☐ Silveira Community Center Parking Lot ☐ Xabatin Community Park Specific Location of Event (Map Must be Attached):

Does this use involve public right of way, streets, or sidewalk? Yes No If yes, please indicate specific location:

If requesting closure of streets, sidewalk, etc., please describe notification procedure for affected businesses and/or residences:

Date(s) of Event: Total Number of Days: Set Up Time:

Time of Event:

Tear Down Time:

Specify anticipated number of people (both participants and the public):

Will any vendors be present? Yes No Will any food booths be present? Yes No Requirements:

Electricity (cannot be guaranteed by City)
Barricades
Street/Sidewalk Closures
No irrigation in park prior to event
Other (please specify):

Coordination of these requirements must be made through the Public Works Department: (707) 263-0751
Specific City Staff Needs:

Police
Public Works
Parks
Other (please specify):

The City reserves the right to bill applicant for related City costs.

INSURANCE CERTIFICATE REQUIRED
Note: The insurance certificate provided to the City by your organization’s insurance company must name the City of Lakeport as an additional insured for the event specified in this application and must include a copy of any endorsements, including Waiver of Subrogation.

The insurance provided to the City as an additional insured shall be primary to, and non-contributory with any insurance or self-insurance program maintained by the City. The minimum coverage amount required is $2,000,000. The certificate and endorsements must also be in a form acceptable to risk management and available for review 15 working days prior to the scheduled event.

Outlook
RE: Application 2025-035 - Recovery Happens
From Dale Stoebe <[email protected]>
Date Wed 6/11/2025 9:30 AM
To Hilary Britton <[email protected]>; Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa Davey-Bates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected] <[email protected]>; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]>
Police Department has no issues with this event.

Thank you,
Dale D Stoebe
Chief of Police
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Hilary Britton <[email protected]>
Sent: Wednesday, June 11, 2025 9:28 AM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: Application 2025-035 - Recovery Happens
Good Morning,
Please find attached application 2025-035 for the 2025 Recovery Happens event for your review and comments.

We would like to submit this for City Council approval at the 07/15/2025 Council meeting, so please have your comments back to my by 07/08/2025.

Thank you for your input!
Hilary Britton
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Outlook
RE: Application 2025-035 - Recovery Happens
From Bethany Moss <[email protected]>
Date Wed 6/11/2025 9:36 AM
To Hilary Britton <[email protected]>
Good morning Hilary,
No comments on the Building Division side 😊
Bethany Moss Childers, CBO
Chief Building Official, City of Lakeport
225 Park Street Lakeport, Ca 95453
P: 707-263-5615 x202 F: 707-263-8584
Online: Building / Land Use / Encroachment Permits, Business Licensing and Code Enforcement Complaint Portal: lakeportca.portal.opengov.com From: Hilary Britton <[email protected]>
Sent: Wednesday, June 11, 2025 9:28 AM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: Application 2025-035 - Recovery Happens
Good Morning,
Please find attached application 2025-035 for the 2025 Recovery Happens event for your review and comments.

We would like to submit this for City Council approval at the 07/15/2025 Council meeting, so please have your comments back to my by 07/08/2025.

Sincerely,
Lori Price
Staff Services Analyst
Lake County Department of Public Works
255 N. Forbes Street, Rm 309
Lakeport, CA 95453
(707) 263-2341
[email protected]
From: Hilary Britton <[email protected]>
Sent: Wednesday, June 11, 2025 9:28 AM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2025-035 - Recovery Happens Good Morning,
Please find attached application 2025-035 for the 2025 Recovery Happens event for your review and comments.

We would like to submit this for City Council approval at the 07/15/2025 Council meeting, so please have your comments back to my by 07/08/2025.

From: Lake County Sheriff - Records <[email protected]> Sent: Wednesday, June 11, 2025 9:29 AM
To: Jose Martinez <[email protected]>
Subject: FW: Application 2025-035 - Recovery Happens
From: Hilary Britton <[email protected]>
Sent: Wednesday, June 11, 2025 9:28 AM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2025-035 - Recovery Happens Good Morning,
Please find attached application 2025-035 for the 2025 Recovery Happens event for your review and comments.

We would like to submit this for City Council approval at the 07/15/2025 Council meeting, so please have your comments back to my by 07/08/2025.

Outlook
RE: Application 2025-036 - LMSA - Harvest Festival
From Dale Stoebe <[email protected]>
Date Tue 6/17/2025 1:42 PM
To Hilary Britton <[email protected]>; Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa Davey-Bates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected] <[email protected]>; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]>
PD only reminds that each Vendors who will sell alcohol will need to provide Special Event with Alcohol Sales and the appropriate ABC Application to the Police Department, together. Otherwise, PD has no issues with this event.

Dale D Stoebe
Chief of Police
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).

From: Hilary Britton <[email protected]>
Sent: Tuesday, June 17, 2025 11:32 AM
To: Amanda Frazell <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Sheriff's Dept <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: Application 2025-036 - LMSA - Harvest Festival Good Morning,
Please find attached application 2025-036 for the 2025 Harvest Festival for your review and comments.

We would like to submit this for City Council approval at the 07/15/2025 Council meeting, so please have your comments back to me by 07/09/2025.

Thank you for your input!
Hilary Britton, CMC
Deputy City Clerk/Records Supervisor
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x102
[email protected]
E-mail correspondence and attachments with the City of Lakeport may be subject to the California Public Records Act, and as such may therefore be subject to public disclosure unless otherwise exempt under the Act. *For Public Records Act requests, please visit our online public records request system Book time to meet with me
Outlook
FW: Application 2025-036 - LMSA - Harvest Festival
From Lake County Sheriff - Records <[email protected]> Date Wed 6/18/2025 9:31 AM
To Hilary Britton <[email protected]>
From: Jose Martinez <[email protected]>
Sent: Wednesday, June 18, 2025 9:19 AM
To: Lake County Sheriff - Records <[email protected]> Subject: RE: Application 2025-036 - LMSA - Harvest Festival There are no comments or concerns from the Lake County Sheriff’s Office.

From: Lake County Sheriff - Records <[email protected]> Sent: Tuesday, June 17, 2025 12:29 PM
To: Jose Martinez <[email protected]>
Subject: FW: Application 2025-036 - LMSA - Harvest Festival Sierra Baker
Senior Records Technician
www.lakesheriff.com P: 707-262-4200
1220 Martin St F:707-262-4204
Lakeport, CA 95453 Dispatch: 707-263-2690
From: Hilary Britton <[email protected]>
Sent: Tuesday, June 17, 2025 11:32 AM
To: Dean Eichelmann <[email protected]>; Johnnie Lindsey <[email protected]>; Lisa DaveyBates <[email protected]>; Lori Price <[email protected]>; Pheakdey Preciado <[email protected]>; Ron Ladd <[email protected]>; Lake County Sheriff - Records <[email protected]>; Dale Stoebe <[email protected]>; Victor Fernandez <[email protected]>; Bethany Moss <[email protected]>; Katie Carpenter <[email protected]>; Kelly Buendia <[email protected]>; [email protected]; Patrick Reitz <[email protected]>; Jim Kennedy <[email protected]>; Linda Sobieraj <[email protected]>; Matt Hartzog <[email protected]>; Michelle Humphrey <[email protected]>; Ryan Cooley <[email protected]>; Ky Ramsey <[email protected]> Subject: [EXTERNAL] Application 2025-036 - LMSA - Harvest Festival Good Morning,
Please find attached application 2025-036 for the 2025 Harvest Festival for your review and comments.

We would like to submit this for City Council approval at the 07/15/2025 Council meeting, so please have your comments back to me by 07/09/2025.

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: 7/15/2025 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 Compensation and Benefits Program for Unrepresented Management via Resolution 2970 (2024) on 11/19/2024, which included changes to salary effective the first pay period after 7/1/2025. Additionally, Amendment #2 to the Agreement for Services between the City of Lakeport and Kevin M. Ingram, approved through the adoption of Resolution 2982 (2025) on 3/4/2025, calls for salary increases effective 7/1/2025. These changes are reflected in the attached Master Salary Schedule and there are no other negotiated cost of living adjustments impacting the salary schedule at this time.

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 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: 07/15/2025 Page 2 Agenda Item # IV.E.
403794.1
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 a Resolution rescinding Resolution 2973 (2024) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

Attachments: 1. Resolution Rescinding Resolution 2973 (2024) and Revising the Master Pay Schedule in Conformance with California Code of Regulations Title 2, Section 570.5

2. Master Salary Schedule
403795.1 Page 1
191565.1
RESOLUTION NO. XXXX (2025)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT RESCINDING RESOLUTION 2973 (2024) AND REVISING THE

MASTER PAY SCHEDULE IN CONFORMANCE WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 2, SECTION 570.5
WHEREAS, on November 19, 2024, the City Council approved a Compensation and Benefits Program for the Unrepresented Management with the adoption of Resolution 2970 (2025), which included changes to salary effective the first pay period after 7/1/2025; and WHEREAS, on March 4, 2025, the City Council approved Amendment #2 to the Agreement for Services between the City of Lakeport and Kevin M. Ingram with the adoption of Resolution 2982 (2025), which included changes to salary effective 7/1/2025; 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 2973 (2024) is rescinded.

SECTION 2.
403795.1 Page 2
191565.1
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 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 15th day of July, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
KIM COSTA, Mayor
ATTEST:
______________________________
KELLY BUENDIA, City Clerk
Job Classification Class Range Unit A B C D E F
* Administrative Analyst GU206 LEA 4,543 4,770 5,009 5,259 5,522 5,798 Administrative Services Dir./City Clerk MM173 UM 9,213 9,674 10,158 10,666 11,199 n-a Administrative Specialist I GU140 LEA 3,268 3,431 3,603 3,783 3,972 4,171 * Administrative Specialist II GU174 LEA 3,873 4,067 4,270 4,484 4,708 4,943 Assistant City Manager MM190 UM 10,028 10,529 11,055 11,608 12,188 n-a Assistant Planner GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Associate Planner GU233 LEA 5,198 5,458 5,731 6,018 6,319 6,635 Building Inspector GU213 LEA 4,704 4,939 5,186 5,445 5,717 6,003 Building Official MM123 UM 7,179 7,538 7,915 8,311 8,727 n-a City Engineer/Public Works Director MM229 UM 12,181 12,790 13,430 14,102 14,807 n-a City Manager n-a contract 13,860 n-a n-a n-a n-a n-a
Community Development Director MM177 UM 9,399 9,869 10,362 10,880 11,424 n-a Compliance Officer I MM102 UM 6,465 6,788 7,127 7,483 7,857 n-a Compliance Officer II MM122 UM 7,143 7,500 7,875 8,269 8,682 n-a Deputy City Clerk I GU156 LEA 3,540 3,717 3,903 4,098 4,303 4,518 Deputy City Clerk II GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 * Deputy City Clerk III - Records Supervisor GU233 LEA 5,198 5,458 5,731 6,018 6,319 6,635 Electrical Mechanical Technician (EMT) GU233 LEA 5,198 5,458 5,731 6,018 6,319 6,635 Engineering Technician I GU172 LEA 3,835 4,027 4,228 4,439 4,661 4,894 Engineering Technician II GU197 LEA 4,344 4,561 4,789 5,028 5,279 5,543 Equipment Mechanic I GU131 LEA 3,124 3,280 3,444 3,616 3,797 3,987 Equipment Mechanic II GU175 LEA 3,892 4,087 4,291 4,506 4,731 4,968 Finance Director MM173 UM 9,213 9,674 10,158 10,666 11,199 n-a Financial Services Specialist I GU140 LEA 3,268 3,431 3,603 3,783 3,972 4,171 Financial Services Specialist II GU165 LEA 3,702 3,887 4,081 4,285 4,499 4,724 Financial Services Specialist III GU213 LEA 4,704 4,939 5,186 5,445 5,717 6,003 GIS/Asset Management Technician GU199 LEA 4,388 4,607 4,837 5,079 5,333 5,600 Government Accountant MM102 UM 6,465 6,788 7,127 7,483 7,857 n-a Housing Specialist GU206 LEA 4,543 4,770 5,009 5,259 5,522 5,798 Maintenance Worker I GU138 LEA 3,236 3,398 3,568 3,746 3,933 4,130 Maintenance Worker II GU165 LEA 3,702 3,887 4,081 4,285 4,499 4,724 Maintenance Worker III GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Office Specialist GU108 LEA 2,787 2,926 3,072 3,226 3,387 3,556 Parks Leadworker GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Parks Maintenance Foreman GU197 LEA 4,344 4,561 4,789 5,028 5,279 5,543 Parks Maintenance Worker I GU124 LEA 3,018 3,169 3,327 3,493 3,668 3,851 Parks Maintenance Worker II GU139 LEA 3,252 3,415 3,586 3,765 3,953 4,151 Permit Technician GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Planning Services Manager MM102 UM 6,465 6,788 7,127 7,483 7,857 n-a Police Captain MM170 UM 9,077 9,531 10,008 10,508 11,033 n-a Police Chief MM202 UM 10,647 11,179 11,738 12,325 12,941 n-a Steps

CITY OF LAKEPORT

MASTER PAY SCHEDULE

MONTHLY RATES WITH STEPS
Effective First Pay Period after 7/1/2025
Police Detective PO237 POA 6,771 7,110 7,466 7,839 8,231 8,643 Police Lieutenant MM151 UM 8,254 8,667 9,100 9,555 10,033 n-a Police Officer I PO177 POA 5,020 5,271 5,535 5,812 6,103 6,408 Police Officer II PO197 POA 5,546 5,823 6,114 6,420 6,741 7,078 Police Officer III PO217 POA 6,127 6,433 6,755 7,093 7,448 7,820 Police Records & Evidence Clerk GU139 LEA 3,252 3,415 3,586 3,765 3,953 4,151 Police Records Supervisor GU219 LEA 4,848 5,090 5,345 5,612 5,893 6,188 Police Sergeant PO237 POA 6,771 7,110 7,466 7,839 8,231 8,643 Projects Coordinator GU233 LEA 5,198 5,458 5,731 6,018 6,319 6,635 Public Works Director MM164 UM 8,808 9,248 9,710 10,196 10,706 n-a Public Works Foreman GU240 LEA 5,383 5,652 5,935 6,232 6,544 6,871 Public Works Superintendent I MM122 UM 7,143 7,500 7,875 8,269 8,682 n-a Public Works Superintendent II MM137 UM 7,697 8,082 8,486 8,910 9,356 n-a Utilities Director MM164 UM 8,808 9,248 9,710 10,196 10,706 n-a Utilities Superintendent MM142 UM 7,892 8,287 8,701 9,136 9,593 n-a Utilities Underground Superviosr GU240 LEA 5,383 5,652 5,935 6,232 6,544 6,871 Utility Operator I GU162 LEA 3,648 3,830 4,022 4,223 4,434 4,656 Utility Operator II GU196 LEA 4,322 4,538 4,765 5,003 5,253 5,516 Utility Operator III GU221 LEA 4,896 5,141 5,398 5,668 5,951 6,249 Utility Operator/MWII GU181 LEA 4,011 4,212 4,423 4,644 4,876 5,120 Wastewater Systems Supervisor I GU223 LEA 4,945 5,192 5,452 5,725 6,011 6,312 Wastewater Systems Supervisor II GU244 LEA 5,491 5,766 6,054 6,357 6,675 7,009 Water Operations Supervisor I GU223 LEA 4,945 5,192 5,452 5,725 6,011 6,312 Water Operations Supervisor II GU244 LEA 5,491 5,766 6,054 6,357 6,675 7,009 Water/Wastewater Treatment Supervisor GU279 LEA 6,538 6,865 7,208 7,568 7,946 8,343

HOURLY AT-WILL EMPLOYEES
Police Officer Trainee n-a n-a
LEA = Lakeport Employees' Association, salaries effective 7/6/2024 - Resolution No. 2961 (2024) UM = Unrepresented Management, salaries effective 7/5/2025 - Resolution No. 2973 (2024) POA = Lakeport Police Officers' Association, salaries effective 7/6/2024 - Resolution No. 2890 (2022) City Manager contract amended effective 3/4/2025, Resolution No. 2982 (2025) *Classifications may include Confidential employees - Resolution 2657 (2018) $19.50 - $24.89 per hour
Meeting Date: 07/15/2025 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: Designated Disabled Parking for Lake County Fair MEETING DATE: 07/15/2025 SUBMITTED BY: Police Chief 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 consider approval of this item to assist the Lake County Fair with parking concerns by designating disabled parking spaces in the entire 200 block of C Street, between South Forbes Street and the C Street entrance to the fairgrounds, including both sides of C Street, and the entire 200 block of D Street, between South Forbes Street and the D Street entrance to the fairgrounds, including both sides of D Street, from the time period of 4:00 p.m. on Thursday, August 31, through Sunday, September 3, 2025 at midnight.

BACKGROUND/DISCUSSION:

The annual Lake County Fair is host to thousands of visitors and motorists wishing to participate in the event. In previous years traffic congestion and parking, particularly parking for disabled persons, has been an issue on the fairground's property, as they have limited designated disabled parking spaces available. Currently, the main entrance to the fairgrounds has approximately eight (8) designated disabled parking spaces, which are not sufficient to accommodate the number of attendees who are qualified for such spaces. As a result, disabled motorists are often forced to double park or park in spaces where parking is prohibited, thus causing unnecessary traffic congestion and safety concerns.

The approval of temporary additional designated disabled parking spaces would allow those persons with disabilities to have sufficient available parking and reduce the potential for traffic congestion and safety concerns at the main entrance. Police staff have discussed this request with Public Works staff who stated they had sufficient signage to set up the temporary zone.

OPTIONS:

Approve by designating the recommended described area as disabled parking as proposed, modify the area proposed for designation as disabled parking, do not approve any designation of disabled parking areas outside of the grounds of the Lake County Fair.

FISCAL IMPACT:
☐ None ☒ $60-100 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: 07/15/2025 Page 2 Agenda Item # IV.F.

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 approve the designated temporary disabled parking on both sides of C and D Streets, between South Forbes Street and the respective fairgrounds entrance gates from 4:00 p.m. on Thursday, August 31to Midnight on Sunday, September 3, 2025
☐ Attachments:

Meeting Date: 07/15/2025 Page 1 Agenda Item #VII.A.1.

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

STAFF REPORT
RE: Sonoma Clean Power Feasibility Study—Consideration of Expansion of Community Choice Aggregation Services to Lake County
MEETING DATE: 07/15/2025
SUBMITTED BY: Kevin M. Ingram, City Manager
PURPOSE OF REPORT: ☒Information only ☒ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Sonoma Clean Power (SCP) staff will be presenting the findings of their updated Feasibility Study evaluating the potential expansion of their Community Choice Aggregation (CCA) program into Lake County. The presentation will highlight SCP’s mission, current services, and how the program could benefit Lakeport through improved energy options, local control, and potential cost savings. Staff will also outline possible next steps should the City wish to consider participation.

BACKGROUND/DISCUSSION:

Sonoma Clean Power is a public electricity provider serving Sonoma and Mendocino Counties under a Community Choice Aggregation (CCA) model, which allows local governments to procure cleaner, often more affordable electricity on behalf of their communities. In 2019, SCP agreed to explore the feasibility of extending services to Lake County. At that time, their analysis concluded the program would not be financially viable due to high Power Charge Indifference Adjustment (PCIA) fees, with projected rates 5–8% higher than PG&E for Lake County customers. As a result, SCP’s Board did not extend an offer of service.

In 2025, SCP completed an updated feasibility study in response to shifting market conditions and regulatory changes—including significantly lower PCIA charges and cost redistribution related to Diablo Canyon. The new analysis suggests that extending service to Lake County may now be economically viable, prompting renewed discussions with local jurisdictions.

Key Findings
The updated 2025 Feasibility Study suggests SCP could now offer competitive, and potentially lower, electricity rates for Lake County customers compared to PG&E, without burdening existing SCP customers. Benefits of joining SCP include:
• Local control over energy procurement decisions
• Enhanced access to renewable and greenhouse gas-free electricity • Customer energy efficiency and demand response programs • Potential economic development through SCP’s GeoZone initiative and related clean energy investments Should the SCP Board determine the feasibility study supports offering service to Lake County, the County would likely receive a permanent voting seat on SCP’s Board. The cities of Lakeport and Clearlake, if they choose to Meeting Date: 07/15/2025 Page 2 Agenda Item #VII.A.1.
join, may share a separate city representative seat, though the exact governance structure remains to be determined.

Next Steps
If the City of Lakeport wishes to further explore SCP membership, the next steps would include:

1. Continuing participation in Countywide discussions with SCP staff

2. Expressing formal interest in SCP service if an offer is extended

3. Conducting a local review of potential rate impacts and program benefits

4. Considering adoption of a local ordinance to authorize participation in the CCA program, should service be offered.

Staff recommends receiving the SCP presentation and providing direction on whether the Council would like staff to continue evaluating this opportunity in collaboration with the County and City of Clearlake.

OPTIONS:

1. Receive the presentation from Sonoma Clean Power regarding their updated feasibility study and direct staff to continue participating in regional discussions and return with additional information should SCP formally extend an offer of service.

2. Take no action.

3. Or alternatively, the Council may provide staff alternative direction.

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: No fiscal impact at this time.

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:

I move to receive the presentation from Sonoma Clean Power regarding their updated feasibility study and direct staff to continue participating in regional discussions with SCP, the County of Lake, and the City of Clearlake, and to return to the City Council with additional information should SCP formally extend an offer of service.
☒ Attachments: 1. Sonoma Clean Power--Presentation

2. Sonoma Clean Power—Lake County Feasibility Study (May 2025) Information About Joining
Sonoma Clean Power
City of Lakeport
July 15, 2025
Today’s Presentation

1. Overview of SCP

2. Progress toward offering service to Lakeport

3. Details on how SCP is organized and operates

4. Benefits and risks of joining SCP

5. Process for joining SCP

6. Q&A

1. Overview of SCP
Overview of SCP
SCP is a “CCA” – Community Choice Aggregation
25 operating CCAs all around California
CCAs replace utility power sources, build new
renewable energy and trim rates whenever
possible
CCAs do NOT replace PG&E. PG&E still:
 Sends out the utility bill
 Maintains the poles and wires of the grid
Overview of SCP
SCP introduces a choice that customers currently do
not have:

Who do you want generating your electricity?
Default service is SCP, the public power provider.

But customers can choose for themselves:
 PG&E (investor-owned utility)
 SCP (local agency operated by cities and counties)
Overview of SCP
Overview of SCP
Started service in 2014
Public agency generates power for
87% of all homes and businesses in
Sonoma and Mendocino Counties
Self-funded through revenues – no tax
dollars
Working to improve oversight, lower
rates, cut pollution, invest locally and
help customers

2. Progress Toward Offering Service
Progress
In May 2025, SCP completed a
feasibility study and found that
extending service to all of Lake County
likely would:

Create no new cost increases for SCP’s
existing customers; and
Provide total bill savings to Lake
County customers under regulatory and
market conditions in April 2025.

UPDATE:

On June 26, 2025, the CPUC voted to
delay financial credits PG&E owes to
CCA customers by up to 4 years. This
means that SCP customers will be
required to loan millions of dollars to
PG&E interest free in 2026.

This decision will create more volatility
in electric bills, increasing the risk of
years with higher total bills.

Progress
The SCP Board of Directors voted on
June 5, 2025 to begin a 60-day period
to discuss expanding service to Lake
County, including Clearlake and
Lakeport, with an intention to make a
formal offer in August.

A similar presentation was made to the
County Board of Supervisors last week
and will be provided to the City of
Clearlake July 17.

Asked to share the importance of
confirming alignment on the value of
geothermal energy, including
developing more geothermal resources.

3. Details on How SCP Operates
What is SCP?
A joint powers authority having as
participants Sonoma and Mendocino
Counties plus all the cities in those
counties except the two munis in Ukiah
and Healdsburg.
11-member Board of Directors, appointed
by the participating jurisdictions
Staff of 55 people
SCP Board of Directors – Key Roles
Approves annual budget
Sets customer rates
Hires and reviews the CEO
Approves policies and plans that govern how power resources are purchased and built
Approves non-energy contracts above CEO’s spending authority Why a JPA?
Most of California’s 25 operating CCAs operate under the joint powers authority structure to ensure a financial firewall exists between the individual members and the CCA itself.

This means:

SCP’s liabilities are not the liabilities of the participating cities and counties.

SCP cannot provide funds to its member cities and
counties to meet other needs.

Why Did SCP Form?
Reduce greenhouse gas emissions
Provide electric power to customers at competitive cost Help customers reduce total energy consumption
Invest locally to stimulate the economy
Develop local energy resources
Promote long-term rate stability, energy security, reliability and resilience
Default Service
When CCAs form, California requires that they operate as the default provider for all customers. This means SCP
replaced all of PG&E’s power sources with its own.

Individual residential and commercial customers can “opt out” and choose PG&E to continue to produce their power.

Every customer will receive 5 notices in the mail over a 5 month period. During that time there is no fee to opt out. A residential customer opting out after that period will pay $5.

A commercial customer will pay $20.

What Customers Would Experience
April-Oct 2026 About 20 community presentations to introduce SCP March 2027 First mailed notices to all homes and businesses March 2027 Second mailed notice
April-July 2027 About 10 more community presentations
May 1-31, 2027 Enrollment month, customers default into SCP service.

Third mailed notice to all homes and businesses.

June 2027 Fourth mailed notice to all homes and businesses July 2027 Fifth and final mailed notice to all homes and businesses Combined Power Bill with PG&E

4. Benefits and Risks of Joining SCP
Benefits and Risks of Joining SCP
Customers would get a new option for power provider
Investments into local energy resources
Funding for scholarships and local non-profit organizations Cut California’s air pollution and emissions
New advocate at the CPUC and in Sacramento
Lower rates for power generation when possible
History of Total Electric Bills
SCP is
cheaper
PG&E is
cheaper
-4.6% -6.5% -1.5% -0.9% -2.9% -3.3%

2.8% 5.0% 0.0%
-4.4% -7.0%
-8.0%
-6.0%
-4.0%
-2.0%

0.0%

2.0%

4.0%

6.0%
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
NOTE:

SCP Cannot
Promise Cost
Savings
California’s Annual Power Sources 2024
SCP Power Sources
Default Local 24/7
Driving Geothermal Expansion
SCP is committed to increasing local access to
geothermal power and lowering long-term energy
costs.

SCP aims to attract local investment and drive
development that aligns with local values and
creates well-paid, highly skilled local jobs.

California has already ordered 2,000 MW of new
geothermal construction.

New technologies expand opportunities beyond
current geologic, land, and water constraints.

Geothermal
Opportunity Zone
SCP has led the formation of the
“GeoZone” across Sonoma and
Mendocino Counties.

Goal is to build 600 MW of local clean
power that meets established
community criteria.

If Lake County Joins
SCP
Lake County joining SCP and the
GeoZone would help ensure that
benefits from local geothermal energy
flow to local customers first and
foremost.

SCP understands Lake County’s
Geothermal Setback Area and long
history with local geothermal power.

Risks of Joining SCP
Very long-term commitment.

Individual customers can opt out of service, but cities and counties cannot force their residents and business to leave SCP unless:
• They provide extremely long-term advance notice
(potentially as long as 20 years); or
• They pay the costs on power supply contracts to ensure other customers do not experience rate increases.

Risks of Joining SCP
SCP cannot guarantee lower total rates. It is likely that some of the time, SCP customers will have higher rates.

SCP cannot guarantee lower total rates because:
• Changes in regulation are frequent
• PG&E fees on SCP customers can change dramatically
from year to year
• Energy markets are volatile

5. Process for Joining SCP
Process for Joining SCP
July – August 2025
Due diligence on benefits and risks, legal issues, etc.

August 7, 2025
SCP Board to vote on extending a formal offer to serve Lake County August - October 2025
Lake County and cities to consider passing ordinances to satisfy CPUC requirement and resolutions agreeing to:
• Join SCP
• Abide by the terms of the JPA
November 2025
SCP to file an implementation plan with the CPUC for a start date of May 2027.

Timeline for Earliest Service
Feasibility
Study
Review
Period
60 days
SCP Board
Invitation
New
Member
Ordinance
Approval
Implementation Plan
Before January 1, 2026
Start of Service
Likely May 1, 2027

6. Questions

7. Further Details for Legal Review
Legal Basis for CCAs in California
AB 117 – Signed into law in 2002, following the Energy
Crisis
Codified (mostly) as PUC §366.2
Allows cities, counties and existing JPAs to form a CCA for the purpose of purchasing and/or building power resources to meet the load within their territories
Statutory Requirements for CCAs
Individual customers have a right to opt out of CCA service CCAs must provide 2 notices to customers before service starts and 2 notices after service starts, informing customers of their right to opt out
Must file Implementation Plan with CPUC
Must sign a Service Agreement with PG&E to ensure
consolidated billing – customers only get one combined bill Must file a bond to cover the cost of returning customers to PG&E if the CCA fails
Statutory Requirements for CPUC
CCA and the remaining PG&E “bundled service” customers must be “indifferent,” meaning:
366.2(a)(4) No shifting of costs to bundled customers
366.3 The [CPUC] shall also ensure that departing load does not experience any cost increases as a result of an allocation of costs that were not incurred on behalf of the departing load.
366.2(f)(2) Nonbypassable charge imposed on CCA customers to avoid cost shift
366.2(g) Nonbypassable charge must be reduced by benefits retained by bundled customers
Legal/Regulatory Issues Affecting CCAs
PCIA
The Power Charge Indifference Adjustment (PCIA) is a fee charged by PG&E that can vary significantly from year to year.

The PCIA calculation is complex, subject to change, and much of the data is confidential and not shared with SCP or the public.

PG&E has no financial motivation to try to lower the costs that go into the PCIA fee
Most states require above-market legacy costs to be settled after 10 years (or some other time period). California has no end date.

Legal/Regulatory Issues Affecting CCAs
“Jurisdiction Creep”
CCAs were created to give local cities and counties more control over energy decisions. However, the CPUC has steadily tried to increase its control over CCAs.

CPUC broadly views CCAs as an optional experiment and investorowned utilities (IOUs) as essential. This means that the CPUC often errs on the side of protecting the IOUs, even when that risks harm to CCAs and their customers.

Enforcing the principle of “indifference” is an ongoing effort, and notably difficult when the CPUC tends to err on the side of protecting PG&E.

Feasibility Study
Sonoma Clean Power Expansion to Unincorporated Lake
County, the City of Clearlake, and the City of Lakeport May 2025
Version 1.1
2 v1.1
Table of Contents
Chapter 1. Executive Summary....................................................................................... 3 Chapter 2. Background ................................................................................................... 4 Community Choice Aggregation (CCA) ....................................................................... 4 SCP Cannot Promise Lower Rates.............................................................................. 5 Lake County Interest in CCA Service .......................................................................... 6 Sonoma Clean Power Policy for New Customer Communities.................................... 7 Chapter 3. Lake County Electricity Demand.................................................................... 9 Lake County Load ....................................................................................................... 9 Comparison to Existing Customers of Sonoma Clean Power.................................... 10 Chapter 4. Sonoma Clean Power Electric Service ........................................................ 12 Products & Resource Portfolio................................................................................... 12 Credit & Financial Resources .................................................................................... 14 Customer Programs and Customer Service .............................................................. 15 Chapter 5. Economic Evaluation ................................................................................... 16 Power Costs .............................................................................................................. 16 Administrative Costs.................................................................................................. 18 Uncollectible Revenue............................................................................................... 19 Revenue Requirement............................................................................................... 19 Startup Costs............................................................................................................. 20 Customer Type and Usage Pattern Impacts to Unit Revenue ................................... 20 PG&E Generation Rates, PCIA, and Rate Competitiveness ..................................... 21 Sensitivity Analysis .................................................................................................... 23 Reserves and Rate Stabilization Fund Considerations.............................................. 25 Chapter 6. Local Resource Development Opportunities ............................................... 26 Geothermal Opportunity Zone (GeoZone)................................................................. 26 Other Clean Energy Opportunities............................................................................. 28 Chapter 7. Additional Benefits ....................................................................................... 28 Chapter 8. Risks............................................................................................................ 29 Chapter 9. Implementation ............................................................................................ 31 Enrollment Process ................................................................................................... 31 Governance............................................................................................................... 32 3 v1.1
Chapter 1. Executive Summary
Staff recommend the SCP Board consider extending service to all of Lake County.

This feasibility study provides a comprehensive review of the requirements to expand Sonoma Clean Power (SCP) service to unincorporated Lake County, the City of Clearlake, and the City of Lakeport (referred to as “Lake County”). The study characterizes the load of Lake County and performs an economic evaluation to assess the financial feasibility of expansion. This report also provides background on Community Choice Aggregation (CCA) and SCP’s current electric service, and discusses resource development opportunities, benefits of expansion, potential risks, and outlines implementation steps. The main findings of this study and considerations are as follows:
• Expanding service to all of Lake County appears to be financially beneficial to both Lake County customers and existing SCP customers in a majority of years. • Key considerations for the SCP Board of Directors are:
o Should an offer of service to Lake County and the Cities of Clearlake and Lakeport be made at this time?
o Does the Board agree to staff’s recommendation for starting service between April and June 2027?
o Does the Board wish to use the same practice as in Mendocino County by offering one Board seat to the County of Lake Supervisors and one shared seat for the two incorporated cities of Clearlake and Lakeport? o Does the Board wish to stress the importance of the GeoZone and seek to confirm that Lake County is aligned and wishes to join the GeoZone? • Expansion to Lake County appears to be well aligned with the criteria established in SCP’s Policy for New Customer Communities D.4.
• SCP’s current portfolio of long-term renewable contracts is sufficient to accommodate expansion to Lake County without requiring additional long-term procurement to maintain compliance.
• Startup costs for an expansion to Lake County are estimated to be $578,000, which forecasts indicate would be recouped through rates in the first year of service.
• In the base market scenario used for evaluation, Lake County customers see total bill savings of 4% or more, however, it is important to note that there is a clear possibility that total bills will be higher with SCP some of the time due to changing PG&E fees outside SCP’s control and energy market conditions. 4 v1.1
• An expansion to Lake County will increase SCP’s target for reserves by $42.7 million (using 2030 costs), which would have the effect of reducing SCP’s ability to provide savings until that higher balance is achieved. The time estimated to accumulate the additional reserves while sustaining competitive rates is difficult to estimate, but likely could be completed by 2032.
• Lake County’s participation in the GeoZone is mutually beneficial and it is strongly recommended that Lake County join the GeoZone concurrently with SCP’s electric service.
• Expansion to Lake County offers additional benefits such as more cost-effective building electrification opportunities, increased portfolio flexibility, improved advocacy, and additional phone and web support for customers in Lake County. • Risks that should be considered before proceeding with an expansion include the impacts of a jurisdiction withdrawing from SCP service, high customer opt-outs, possible impacts to SCP’s credit rating, and the inability to guarantee rates that are lower than PG&E.
• The feasibility plan outlines steps leading up to an April to June 2027 start date, including approvals from SCP’s Board and Lake County jurisdictions, as well as filings with the CPUC, customer noticing, and outreach.

Chapter 2. Background
Community Choice Aggregation (CCA)
CCAs were created in response to California’s
2000-2001 energy crisis through Assembly Bill
117 in 2002. CCAs enable local governments to
purchase electricity generation for their residents
and businesses that is delivered to customers by
an investor-owned utility (IOU). In Northern
California, the IOU is Pacific Gas & Electric
(PG&E). The first CCA, Marin Clean Energy
(now MCE), started service in 2010. Sonoma
Clean Power (SCP) started service as the state’s
second CCA in 2014. There are now 25 CCAs in
the state serving over 14 million customers and
participation continues to grow. Figure 1 shows
the expected footprint of CCA service in
California by 2027.

Figure 1. Map of areas expected to be served by
CCAs by 2027.
5 v1.1
CCAs are governed by elected officials from participating jurisdictions and operate as government agencies that are not-for-profit and return all revenues to ratepayers in the form of competitive electric rates and customer education and incentives.

Figure 2. Roles of SCP and PG&E in delivering electric service to customers.

The role of CCAs, including SCP, is primarily to buy or build power generation resources on behalf of all customers, while PG&E continues to maintain and operate all of the poles, wires and substations of the grid. Figure 2 illustrates the roles of SCP and PG&E in delivering electric service to customers.

When a CCA is formed or expands, new customers must be automatically enrolled as a CCA customer unless they choose to opt-out and continue relying on PG&E to procure electricity for their home or business. If a customer opts-out after 60 days of starting service with a CCA, they must remain on PG&E service for one year before being eligible to enroll in CCA service.

SCP Cannot Promise Lower Rates
CCA customers receive a consolidated bill from PG&E including generation charges from the CCA as well as transmission and distribution charges from PG&E. The bill for CCA customers includes a charge called the Power Charge Indifference Adjustment (PCIA) that covers costs for energy that was procured by the IOU prior to a customer’s departure from IOU service. The PCIA changes annually depending on market conditions - if the IOU’s energy portfolio that was procured for CCA customers performs well (due to high market prices), the PCIA is lower; if the portfolio performs poorly, the PCIA is higher. This fee ensures that PG&E cannot lose any money as a result of CCA formation. To limit opt-outs, CCAs generally seek to offer rates that are competitive and lead to total bills (including the impact of PCIA) that are at or below the total bill for IOU customers – as often as possible. Figure 3 shows SCP’s history of total bill savings relative to PG&E, which shows a strong historical record of providing savings to 6 v1.1
customers. Importantly, SCP cannot guarantee future rate savings—and did go through a period of two years where its customers paid higher bills than opt-out customers.

Figure 3. Historical bill comparison between SCP and PG&E.

CCA customers retain eligibility for ratepayer-funded programs through the California Public Utilities Commission (CPUC), such as income qualified assistance programs, energy efficiency rebates, and medical baseline discounts. CCA customers also gain access to incremental programs offered by the CCA which are not otherwise available from PG&E. SCP offers incremental equipment rebates, incentives for participation in its demand response program, and a variety of other programs for energy efficiency and electrification. SCP, like other CCAs, also offers a net energy metering (NEM) and solar billing plan (SBP) program that compensates solar customers.

In addition to CCAs, California law also created a program called Direct Access (DA) that allows customers to purchase electricity from a competitive third-party. DA has an annual load cap that is currently fully subscribed. The vast majority of DA customers are non-residential. There are currently around 70 meters in Lake County with service from DA, representing 7.4 gigawatt-hours (GWh) of annual load (which is less than 2% of Lake County’s total). Unlike PG&E customers, DA customers will not be automatically enrolled in CCA service. Although if SCP expands to Lake County DA customers would have the option of CCA service, this study evaluates service to only non-DA customers although inclusion of DA customers would have negligeable impact.

Lake County Interest in CCA Service
The Lake County Board of Supervisors unanimously passed Ordinance 3206 on June 23, 2015, to authorize implementation of a CCA program, with the goal of reducing energy costs for Lake County residents. Lake County explored various options to 7 v1.1
implement CCA service on its own at the time, but ultimately did not proceed. Lake County re-evaluated CCA service in 2019, when it requested SCP to study the feasibility of expanding service to Lake County. SCP’s study, which was released in March 2020, found that it would be unable to offer competitive service to Lake County residents at the time due to the expected cost of PG&E’s PCIA fee on Lake County relative to the PCIA fee on SCP’s existing customers.

Market and regulatory dynamics following the feasibility study in 2020 have greatly improved the economic prospects for new CCA service. As described in detail in Chapter 5, PG&E’s PCIA fee is now lower for new CCA jurisdictions relative to the PCIA for SCP’s customers. These conditions led to Sonoma Clean Power reengaging with Lake County, the City of Clearlake, and City of Lakeport in early 2025. After preliminary discussions with SCP, the city managers of City of Clearlake and City of Lakeport made a written request to the Sonoma Clean Power Board of Directors to complete a new feasibility study. Likewise, the Lake County Board of Supervisors authorized staff to submit a written request for a feasibility study after discussion during the April 15, 2025 meeting. The Sonoma Clean Power Board of Directors directed SCP staff to respond to Lake County interest by completing the requested feasibility study.

In the 2025 discussions between SCP and the Lake County jurisdictions, SCP staff captured several factors that are driving interest in CCA expansion: the opportunity to reduce energy costs for Lake County residents, increased economic development opportunities (through geothermal and other types of local project development), improved customer service, and better representation in energy-related advocacy.

Sonoma Clean Power Policy for New Customer Communities
In December 2015, the Sonoma Clean Power Board of Directors adopted Policy D.4 that guides the procedure for evaluating and facilitating expansion to new jurisdictions.

The policy includes a set of criteria that must be met to proceed with an expansion that are summarized in Table 1 below, along with SCP staff’s recommended determination and if applicable, a reference to the applicable chapter of this study.

In addition to the evaluation criteria, Policy D-4 also establishes the series of steps SCP shall follow in expanding participation to a new region. After completing a feasibility study and presenting the results to the candidate community and SCP Board of Directors, the current SCP Board members have a 60-day period to evaluate expansion and discuss the opportunity with their own city councils or Board of Supervisors. The SCP Board of Directors will then vote on whether to extend a formal offer for service.

The timing of this process, along with the required steps to formally enroll Lake County in SCP service, are further detailed in Chapter 9.
8 v1.1
Table 1. Policy D-4 New Community Evaluation Criteria
Criteria SCP Staff’s Recommended Determination
Community is close to SCP service
territory to make meeting attendance
and community engagement practical
(Criteria 1).

Pass – Lake County jurisdictions directly border SCP
territory. The commute to Santa Rosa is not quick but is comparable to many parts of SCP’s existing territory in Mendocino County.

Community agrees to abide by SCP
Joint Powers Agreement (JPA),
policies, and conditions of service
(Criteria 2).

TBD - This is subject to the careful review and determination by Lake County and the Cities of Clearlake and Lakeport.

Service to new region will decrease
greenhouse gas emissions and be
consistent with purpose of promoting
renewable energy, energy efficiency,
and conservation (Criteria 3a and 3c).

Pass – Expansion would provide additional room for
expansion in SCP’s renewable portfolio, improve
opportunities for local clean energy development, and enable more cost-competitive electrification. See Chapters 6 and 7.

Service to new region will not increase
cost or financial risks to existing
customers (Criteria 3b).

Pass – Expansion to Lake County would leverage
efficiencies of scale and increases flexibility in SCP’s power portfolio with the effect of generally decreasing cost and risk to existing customers. The additional load would come with additional procurement obligations and a potential increase in meeting those additional obligations. However, the overall expectation is that, on average, costs would remain or
decline due to serving Lake County. See Chapter 5 and 7.

Significant political and public
alignment between new community
and proposed participants and addition
of new community will increase voice
of SCP in relevant venues (Criteria 4
and 5).

TBD – Staff note that Lake County shares many of the same regional priorities as Sonoma and Mendocino County: wildfire mitigation, energy affordability, water scarcity, sustainability of small businesses and the agricultural industry. California’s 4th Congressional District and the 2nd State Senate District span both SCP and Lake County. Expansion would add the 4th
State Assembly District to SCP’s territory, currently
represented by Assembly Majority Leader Aguiar-Curry.

Ultimately, however, this determination must be made by the SCP Board of Directors, the County of Lake Board of
Supervisors, and the City Councils of Clearlake and
Lakeport.

Addition of the new community will not
harm SCP’s autonomy (Criteria 6).

Pass – Expansion to Lake County is expected to involve two new seats on the current eleven-seat Board of Directors (one for the County and one shared seat between the two
incorporated cities). Staff do not see how the scale of the expansion would threaten the autonomy of SCP’s power
sources and priorities. However, staff urge SCP and all of the jurisdictions in Lake County to consider the political alignment of objectives carefully.

Addition of the new community will not
harm the quality of service or give rise
to operational risks (Criteria 7).

Pass – The economic study includes budgeted costs to
expand staff and SCP’s investments to serve Lake County without impacting existing customers. See Chapter 5.
9 v1.1
Chapter 3. Lake County Electricity Demand
Lake County Load
In order to facilitate a feasibility study, Sonoma Clean Power obtained customer data and hourly load for all customers in Lake County from PG&E for the years 2022, 2023, and 2024. Like Sonoma Clean Power’s current load, Lake County’s load is fairly stable and most year-to-year fluctuations are driven by weather. For the purposes of this study, staff have decided to use Lake County’s 2024 load and customer composition as the basis for evaluating feasibility—even though some modest growth is expected due to electrification. Table 2 below shows a breakdown of meter count and annual load by jurisdiction and residential and non-residential meters using the 2024 data. This table excludes the DA meters discussed in Chapter 2 which would not be automatically enrolled but could opt-in to CCA service in the future.

Table 2. Lake County Load and Customer Breakdown by Jurisdiction City of Clearlake City of Lakeport Unincorporated
Lake County Total
Residential
Meters 7,216 2,418 22,361 31,995
Non-residential
Meters 610 671 3,067 4,348
Total Meters 7,826 3,089 25.428 36,343
Residential
Annual Load 61.5 GWh 18.6 GWh 174.8 GWh 254.8 GWh
Non-residential
Annual Load 23.2 GWh 17.6 GWh 95.9 GWh 136.7 GWh
Total Annual
Load 84.7 GWh 36.2 GWh 270.7 GWh 391.5 GWh
Lake County’s load has two peak seasons—with increased usage in the summer due to hot temperatures driving air conditioning demand and is similarly high in the winter due to electric heating needs. Figure 4 shows the monthly load for Lake County. Lake County does not have access to PG&E’s natural gas system and accordingly has more electric heating1. Due to more extreme summer heat, air conditioning ownership is also more prevalent in Lake County, which increases summer energy needs. 1 Data from the American Community Survey from the U.S. Census Bureau estimates 42.7% of Lake County residences use electricity as their main heating source, compared to 24.4% in Sonoma and

19.1% in Mendocino counties.
10 v1.1
Figure 4. Monthly load for Lake County.

The average hourly load profile for Lake County is shown in Figure 5. Hourly load is low in the middle of the day due to generation from behind-the-meter solar. Customer data suggests 15% of Lake County’s meters have Net Energy Metering (NEM) solar.

Increased load in the evening is driven by cooling and heating needs as residents return home. Figure 5 shows an average across the year, but for context Lake County’s load varied in 2024 from as low as 7 MW midday on a sunny day in May to 96 MW on a hot July evening.

Figure 5. Hourly load profile for Lake County.

Comparison to Existing Customers of Sonoma Clean Power
The addition of Lake County could increase the number of meters served by Sonoma Clean Power by 15.6% and Sonoma Clean Power’s load by 18.5%. Table 3 shows a breakdown of how Lake County’s meter count and load compares to Sonoma Clean Power. The annual electric usage per residential meter is over 56% higher in Lake -
5 10
15 20
25 30
35 40
45 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
GWhr
Monthly Lake County Load
0 10
20 30
40 50
60 70
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MW
Hour Ending
Average Hourly Lake County Load
Residential Non-residential
11 v1.1
County (8.0 MWh/year in Lake County versus 5.1 MWh in SCP)—which leads to a disproportionate increase in load compared to meter count. Lake County’s meter count and load is also more residential (less commercial) than SCP. The figures for Lake County in Table 3 include 100% of eligible customers and do not reflect the effect of customers who choose to opt-out—which are assumed to be 10% in the evaluation in Chapter 5. The conclusions of this analysis are not sensitive to the actual opt-out rate.

Table 3. Lake County Load vs. Sonoma Clean Power
Sonoma Clean
Power Lake County Total % Potential Increase
Residential
Meters 200,824 31,995 232,819 15.9%
Non-residential
Meters 31,862 4,348 36,210 13.6%
Total Meters 232,686 36,343 269,029 15.6%
Residential
Annual Load 1,022.6 GWh 254.8 GWh 1,277.5 GWh 24.9%
Non-residential
Annual Load 1,090.0 GWh 136.7 GWh 1,226.6 GWh 12.5%
Total Annual
Load 2,112.6 GWh 391.5 GWh 2,504.1 GWh 18.5%
Figure 6 shows the monthly load per meter for Lake County compared to SCP. Like Lake County, SCP has high usage in the summer and winter—although the Lake County fluctuations are amplified. Figure 7 shows an average hourly load comparison.

The hourly load shapes are also very similar given similar penetrations of NEM solar and increased energy needs in the evening. In looking at 2024 data, the hourly load for Sonoma Clean Power and Lake County together would have fluctuated between 99 MW to 567 MW. The peak load of 567 MW is 17.5% higher than Sonoma Clean Power’s standalone peak of 483 MW—and would occur at the same hour on a hot July evening.

Understanding the impact of Lake County to SCP’s load shape and peak are critical to evaluating the revenue requirement that is detailed in Chapter 5. 12 v1.1
Figure 6. Monthly load comparison for Sonoma Clean Power and Lake County.

Figure 7. Hourly load comparison for Sonoma Clean Power and Lake County.

Chapter 4. Sonoma Clean Power Electric Service
Products & Resource Portfolio
SCP offers customers a choice between two products: CleanStart and EverGreen.

CleanStart is SCP’s standard offering and the default product for new customers.

Power from CleanStart is sourced from renewable and carbon-free resources across 0 200
400
600
800
1000
1200
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
MWh/meter
Monthly Load per Meter
Sonoma Clean Power Lake County
0 0.2

0.4 0.6

0.8 1

1.2 1.4

1.6 1.8
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Hourly Load per Meter (kW)
Hour Ending
Average Hourly Load per Meter
Sonoma Clean Power Lake County
13 v1.1
the Western Interconnection. A small portion, approximately ten to twelve percent, of CleanStart is provided by unspecified resources—which are primarily natural gas.

EverGreen is SCP’s premium product that customers can opt-in to for an additional cost of 2.5 cents per kilowatt-hour. This premium translates to $17 extra per month for a typical Lake County household. EverGreen is completely sourced from local renewable resources within SCP’s territory. Unlike products offered by other power providers, EverGreen is unique in that it is backed by resources that deliver clean energy for every hour—rather than relying on natural gas power to back up variable resources like solar and wind power. If Lake County were to join SCP, resources within Lake County would become eligible to provide EverGreen-eligible generation.

SCP contracts for power from long-term power purchase agreements (PPAs), shortterm contracts that give SCP claim to the bundled renewable or carbon-free attribute of energy, and purchases from the spot market. Table 4 is a list of long-term PPAs expected to be in SCP’s portfolio in 2027. If Lake County were to join SCP, incremental energy needs would be first filled with new short-term contracts and spot market purchases, but long-term SCP would seek additional PPAs to optimize costs.

Importantly, the resources in Table 4 provide 1,271 GWh of renewable annual energy, which is sufficient to meet the long-term contract compliance minimum for Sonoma Clean Power after an expansion to Lake County2.

Table 4. Long-term Power Purchase Agreements
Facility Technology Capacity Annual Energy
Geysers
Sonoma County, CA Geothermal 20 MW3 175.2 GWh
Mustang
Kings County, CA Solar 70 MW 156.2 GWh
Golden Hills
Alameda County, CA Wind 46 MW 124.6 GWh
Proxima
Stanislaus County, CA Solar 70 MW 169.1 GWh
2 State law requires 65% of SCP’s renewable energy for meeting compliance requirements is sourced from long-term contracts. The renewable compliance requirement for renewable energy maxes out at 60% in 2030—which means SCP would need 39% of its total energy in long-term renewable contracts. 3 Contract includes 9 MW in 2027 that ramps-up to 20 MW in 2028-2037; table shows ramp-up values 14 v1.1
Facility Technology Capacity Annual Energy
Azalea
Kern County, CA Solar 60 MW 150.9 GWh
SunZia
New Mexico Wind 100 MW 328.1 GWh
Ormat Portfolio
Imperial County, CA &
Nevada
Geothermal 14 MW 122.6 GWh
Fish Lake
Nevada Geothermal 1.5 MW 13.3 GWh
Redemeyer
Mendocino County, CA Solar 4 MW 10.1 GWh
ProFIT
Sonoma & Mendocino
County, CA
Solar 6 MW
(6 projects x 1 MW) 13.8 GWh
Montgomery Creek
Shasta County, CA Small Hydro 2.6 MW 7.4 GWh
Total: 1, 271 GWh
Credit & Financial Resources
In 2021, SCP received an ‘A’ issuer credit rating from S&P Global Ratings that was reaffirmed in 2024. SCP’s investor-grade credit rating is important in negotiating favorable power contract terms and reflects the agency’s fiscal strength. SCP has no outstanding debt. In 2024, on behalf of SCP, the California Community Choice Financing Authority (CCCFA) issued $775.6 million in pre-pay bonds that provide SCP’s customers with significant reductions in energy costs. Notably, those bonds do not appear on SCP’s financial statements or impact SCP’s borrowing capacity.

SCP’s latest financial statement from February 2025 shows $373 million in total assets.

SCP is targeting an end-of-year reserves balance of about $268 million which reaches the Board of Directors’ target reserves of 365 days of annual budgeted operating expenses. SCP’s financial policy dictates a minimum reserves balance of 180 days of operating expenses. SCP has funded a rate stabilization fund with a current balance of $56 million, which makes up a portion of total reserves. The rate stabilization fund is meant to provide flexibility in setting competitive rates in future years with a high PG&E PCIA fee. Conditions warranting the use of the rate stabilization fund are expected in 2026, but not necessarily in 2027 when service to Lake County would begin, though 15 v1.1
forecasting the PCIA fee is difficult due to frequent regulatory changes and energy market price movement. The fee on SCP customers has varied by over $100 million in a single year, so the scale of this fee is important to consider.

Customer Programs and Customer Service
SCP offers programs and incentives to customers and the community to improve energy affordability, encourage electrification, and increase energy efficiency. These programs are incremental to programs offered by PG&E. A list of currently offered programs is included below. Note that these are subject to change at any time, including before Lake County would begin service in 2027, but are indicative of the types and scale of programs to expect.
• GridSavvy Rewards: GridSavvy is a demand response program that invites customers to sign-up to receive alerts for energy conservation or connect a smart thermostat or EV charger to be dispatched during energy-savings events in the summer. Customers receive a sign-up cash bonus and a modest payment for their performance in reducing energy during periods of grid stress. • Electric Appliance Rebates: SCP offers rebates that can be added to state and local incentives for heat pump HVAC, induction cooking, and heat pump water heaters. The rebates are higher for low-income customers - providing up to $10,000 toward equipment and installation.
• Energy Savings Box: A free energy savings box packed with easy-to-use tools to conserve energy including things like LED lightbulbs, smart plugs, and weather stripping. The box contains over $100 of useful equipment and shipped directly to customers.
• Commercial Energy Assistance Program: An internal energy expert will identify energy savings opportunities for interested businesses and conduct an onsite visit with a detailed follow-up report.
• Non-profit EV Incentives: Up to $22,500 for non-profits to assist non-profits with the purchase of an electric vehicle.
• Solar: SCP compensates customers with solar by applying credits toward a future bill or as part of an annual cash-out.

SCP staffs a customer call center and the Sonoma Clean Power Customer Center in downtown Santa Rosa to assist customers with utility bills, electrification questions, customer programs, and other needs. SCP staff can assist residential and commercial customers with selecting an optimal rate plan and have a strong track record of identifying opportunities for customer cost savings.
16 v1.1
SCP also supports the community through partnerships and funding. As examples, SCP currently partners with the Career Technical Education Foundation and the LIME Foundation for training and curriculum for careers in clean energy and sustainability.

SCP also offers scholarships at local colleges, sponsors many key community events, and raises donations for food banks in Sonoma and Mendocino Counties.

Chapter 5. Economic Evaluation
In assessing the viability of SCP expansion to Lake County, results must both provide Lake County a reasonable expectation of competitive electric rates and the SCP Board of Directors with confidence that the expansion is not disadvantageous to SCP’s current customers. The power market is very dynamic and conditions are certain to vary from the forecasts used as the basis for this evaluation. Accordingly, this chapter also includes several sensitivities to test the robustness of the results.

Power Costs
In assessing the cost of power for Lake County, this feasibility study assumes a 90% opt-in rate - which is slightly higher than SCP’s current opt-in rate of 87% but a reasonable expectation given the experience of recent CCA expansion elsewhere in the state4. This feasibility study also assumes a start date of April 2027, which appears optimal from a monthly review of cost and compatibility with SCP’s portfolio but may occur as late as June. Costs are forecasted through 2030, when the price forecast SCP uses begins to stabilize. The projections for 2030 are a reasonable proxy for future years. SCP’s direct costs of power for Lake County are driven by four components: the cost of wholesale power, the cost of energy attributes, grid charges from the California Independent System Operator (CAISO), and the cost of resource adequacy (RA).

These are considered together with PG&E’s charges for transmission, distribution and numerous fees and surcharges, including the PCIA in evaluating total bill impacts.

The cost of wholesale power for Lake County is highly dependent on its hourly load profile. Power costs directly correlate to the availability of renewable and hydro resources. Power is often cheaper in the spring and midday and more expensive in the evening and winter months when solar, wind and battery storage are less available. To assess the cost of power for Lake County, SCP developed an hourly load profile using smart meter data from 2024 and leveraged future hourly price forecasts available through its Ascend PowerSIMM platform as of April 12, 2025. The feasibility study assumes that the early years of power for Lake County will be procured entirely from the spot market, although in practice SCP would likely seek to optimize costs through 4 Pioneer Community Energy achieved 99% opt-in rates in their 2024 expansion to Grass Valley and Nevada City. Peninsula Clean Energy achieved 89% opt-in rate in their 2022 expansion to Los Banos. 17 v1.1
signing additional long-term PPAs. SCP needs to procure sufficient power to cover metered sales plus losses on the distribution system, which adds an additional 6%.

Table 5 shows the unit cost, volume, and total dollars needed to provide wholesale energy to Lake County with a 90% participation rate (equal to 10% opt out). Note that the per unit results are not very sensitive to the actual participation rate.

In expanding to Lake County, SCP would need to maintain compliance with statemandated renewable energy requirements while also seeking to maintain its Boardadopted voluntary environmental performance targets. As with wholesale power, SCP would seek to optimize the cost of its portfolio long-term through signing PPAs with resources that provide renewable or carbon-free energy. In the short-term, the volume of renewables needed for Lake County is estimated by applying the state’s compliance minimum by year against the metered load. The volume of carbon-free energy needed to meet SCP’s voluntary targets is calculated to reach a portfolio that is 93.5% renewable or carbon-free5. The required procurement of resources for Lake County is reduced by allocations SCP would expect to receive for Lake County’s portion of carbon-free power from the Diablo Canyon Nuclear Power Plant and PG&E’s hydropower fleet that is included in PCIA. Table 5 shows the resulting need for renewable and carbon-free to serve Lake County, along with the expected procurement cost based on current market prices.

CAISO charges SCP grid charges in addition to wholesale power costs to cover its costs of operation. These grid charges are expected to grow proportional to load. For this evaluation, SCP is assuming grid charges add an additional $1.50 per MWh of wholesale load.

SCP is required to procure resource adequacy (RA) for its load. RA is a contract with power plants to provide standby capacity to respond to peak grid conditions and is California’s regulatory solution for ensuring system reliability. Recent revisions to RA rules require SCP to prove it has a resource fleet, battery storage, and short-term RA contracts sufficient to provide capacity across 24 hours for a peak load day each month.

This new structure is known as “slice of day” and differs from the past approach of planning for a single peak hour. The incremental RA cost for serving Lake County is related to how Lake County’s load profile interfaces with SCP’s existing resource fleet and load shape. The cost of RA included in the table below is based on an assessment of how much additional RA, either firm capacity from natural gas plants or battery storage capacity, SCP needs to maintain compliance with its RA obligation when adding Lake County’s load to its portfolio.
5 A 93.5% renewable or carbon-free annual metric is consistent with a recent staff recommendation to adopt an 85% hourly renewable or carbon-free target for 2026 and beyond 18 v1.1
The total power cost for Lake County is forecasted to grow from $25.6 million in the 9 months of participation and grow to $40.2 million per year in 2030, which represents around a 14% increase relative to SCP’s power cost forecast in outer years without Lake County participation. This increase is lower than the anticipated 15.4% growth in sales, which importantly indicates that Lake County participation is expected to reduce power costs borne by SCP’s current customers.

Table 5. Power Cost Forecast
2027 (Apr-Dec) 2028 2029 2030
90% Opt-in Metered Sales MWh 255,342 351,182 351,182 351,182 Wholesale Power $/MWh 59.01 63.36 70.59 77.65
Wholesale MWh 270,663 372,253 372,253 372,253
Wholesale $ thousands 15,970 23,585 26,278 28,906
Renewable Need % 52.0% 54.7% 57.3% 60.0%
Carbon Free Allocation % 18.6% 18.3% 17.3% 13.0%
Carbon Free Need % 22.9% 20.5% 18.8% 20.5%
Renewable Need MWh 132,778 191,991 201,333 210,709
Carbon Free Need MWh 58,513 72,008 66,141 71,845
Clean Energy $ thousands 4,490 5,136 5,217 5,507
CAISO Grid Charges $ thousands 402 553 553 553
Resource Adequacy $ thousands 4,823 5,274 5,274 5,274
Total Power Cost $ thousands 25,690 34,554 37,327 40,246 Total Power Cost ¢/kWh 10.06 9.84 10.63 11.46
Administrative Costs
Adding Lake County to SCP would introduce some efficiencies of scale, but there are costs associated with data management and PG&E service fees that directly scale with meter count. SCP also anticipates growing customer service staff to maintain its high level of service, and expanding the budget for marketing, communications, and programs incentives for Lake County. Program participation for Lake County is forecasted to grow to the level of adoption SCP currently sees in Mendocino County.

Overall, expansion to Lake County is expected to increase SCP’s administrative costs by around 4%--which is lower than the anticipated 15.4% growth in sales. A breakdown of the administrative cost forecast is included in Table 6. 19 v1.1
Table 6. Administrative Cost Forecast, $ Thousands
Category 2027 (Apr-Dec) 2028 2029 2030
Data Management 337.5 450.0 450.0 450.0
PG&E Service Fees 11.3 15.0 15.0 15.0
Personnel 250.0 270.0 280.0 290.0
Marketing & Communications 570.0 400.0 410.0 420.0
Customer Service 50.0 50.0 50.0 50.0
Programs Incentives 120.0 240.0 330.0 350.0
Total Administrative Cost 1,338.8 1,425.0 1,535.0 1,575.0 Total Administrative Cost ¢/kWh 0.52 0.41 0.44 0.45
Uncollectible Revenue
A consideration in determining the revenue requirement for a utility is the amount of revenue that is uncollectible. SCP’s collectible rate on its current customers is 98.6%, which means rates need to be set to recover 101.4% of projected costs. Lake County is expected to have a lower collectible rate due to lower average household incomes than SCP territory. Whereas 16.5% of SCP meters are enrolled in the California Alternative Rates for Energy (CARE) income-assistance program, 43.1% of Lake County meters are enrolled. This feasibility study applies SCP’s observed CARE-specific collection rate of 96.6% and non-CARE collection rate of 98.7% using the 43.1% weighting of CARE meters in Lake County to estimate an overall 97.8% collection rate. In evaluating the revenue requirement for Lake County, rates are therefore set at 102.2% of projected costs.

Revenue Requirement
Table 7 below incorporates the incremental load, power costs, administrative costs, and uncollectible rates associated with an expansion to Lake County alongside the SCP financials for the status quo to evaluate the impact of expansion to SCP’s revenue requirement. Importantly, the results show that due to efficiencies of scale and compatibility with SCP’s portfolio, an expansion is expected to provide a reduction in the per-kilowatt-hour revenue requirement for SCP. These results suggest that an expansion to Lake County would not create an additional financial burden on existing SCP ratepayers and are an indication of the generation rates SCP could offer given the assumed market conditions. The revenue requirement does not include any contributions to reserves, which is discussed in a later section. 20 v1.1
Table 7. Revenue Requirement Comparison, ¢/kWh
Scope 2027 (Apr-Dec) 2028 2029 2030
SCP (Status Quo) 11.79 12.55 13.12 13.62
SCP + Lake County Expansion 11.66 12.27 12.88 13.43
Change -0.13 -0.28 -0.24 -0.19
Startup Costs
The power and administrative costs above reflect ongoing expenses pertinent to evaluating the long-term viability of a Lake County expansion. There are also one-time costs that SCP would incur in expanding to Lake County. These costs cover enrollment notices, staff outreach, travel expenses, preparation of this feasibility report, and marketing. The SCP Board will want to take these costs into consideration while establishing its offer for service to Lake County. For context, the revenue requirement reduction detailed in Table 7 generates $238,000 of reduced costs for SCP ratepayers per month in 2027, implying that the payout for SCP’s investments in startup costs will likely occur within three months.

Table 8. Startup Costs
Category Startup Cost, $ Thousands
Feasibility Report Staff Time 15
Implementation Plan Update 10
Outreach Staff Time 236
Enrollment Notices 150
Travel Expenses 24
Marketing & Communication 143
Total Startup Costs 578
Customer Type and Usage Pattern Impacts to Unit Revenue SCP currently sets rates by making adjustments to PG&E’s rate schedules—all of which fluctuate with season and customer type and many that also vary based on time of day.

Because Lake County’s load profile and customer mix is different than SCP’s existing customers, a potentially important consideration is whether the different customer mix will impact revenue. To approximate the impact of these dynamics, the average rate for a given month, hour, and residential or non-residential customer was determined from SCP’s current rates. These implied rates were then applied to the hourly residential and non-residential load profiles for Lake County. The results imply Lake County would 21 v1.1
provide 0.6% more revenue per kilowatt-hour. The results of this analysis were close enough to treat the revenue contribution of Lake County and SCP the same when assessing the revenue contribution of an overall generation rate.

PG&E Generation Rates, PCIA, and Rate Competitiveness
A key priority for Lake County in exploring SCP service is the potential for delivering lower cost electricity to its residents. To evaluate the potential for rate savings compared to PG&E service, the revenue requirement estimated for the expansion in Table 7 should compare favorably to generation rates expected to be offered by PG&E, net of the effects of PG&E’s PCIA fee. Both PG&E’s competing generation rate and PCIA depend on market conditions. If market prices of energy are lower, PG&E is able to reduce its generation rates and yet the PCIA paid by CCA customers increases due to poorer market performance of the portfolio PG&E procured for departing customers.

Although a CCA’s revenue requirement also decreases in a low-price market, the lower PG&E generation rate and higher PCIA make it difficult to maintain cost competitiveness. Conversely, in a high-price market scenario PG&E’s generation rates increase to cover costs and the PCIA is reduced, making CCA competitiveness generally easier.

PCIA rates vary by the date customers depart PG&E service (called “vintage” by PG&E). Most SCP customers are on the 2014 vintage with a PCIA based on the portfolio of resources PG&E procured before 2014. If Lake County were to join SCP service in April through June 2027, they would be assigned vintage year 20266. Their 2026 vintage portfolio would include the resources in SCP’s PCIA portfolio but also resources procured between 2014 and 2026. The resources PG&E has procured in that timeframe have by and large been more cost-competitive than their older vintage portfolio—which has had the impact of significantly reducing PG&E’s PCIA fee for newer vintages of CCA customers. To offer savings, SCP must offer rates that are at or below the PG&E generation rate minus the PCIA - a term referred to as “competitive differential”. Table 9 shows the 2025 generation rate paid by PG&E customers, PCIA credit, and resulting competitive differential for three different vintages to illustrate how PCIA has reduced over time. The table shows that 2025 vintage customers pay 3.25 cents less per kWh for PCIA than SCP’s 2014 vintage customers. At SCP’s current generation rate of 11.5 cents per kWh, SCP’s current customers enjoy a discount of 2.4 cents per kWh versus service with PG&E. At that same rate, as an example, a 2025 vintage customer would enjoy a discount of 5.7 cents per kWh. A 2.4 cent per kWh discount is a 16% decrease from PG&E for generation and reduces total bills (which 6 PG&E assigns vintage based on a fiscal year that runs from July 1st through June 30th. April 2027 through June 2027 is thus in the 2026 vintage year.
22 v1.1
include 20 cents per kWh of additional costs paid to PG&E for transmission and distribution) around 7%.

Table 9. PG&E Gen Rate, PCIA, and Competitive Differential by Vintage, ¢/kWh 2014 Vintage 2020 Vintage 2025 Vintage
2025 PG&E Generation Rate 14.99
2025 PCIA 1.06 0.31 -2.19
2025 Competitive Differential 13.93 14.68 17.17
PG&E’s generation rate, PCIA, and resulting headroom are expected to change before 2027. The PCIA is currently lower due to high-price market conditions in 2024 that were used as the basis for setting 2025 rates. Market prices have since fallen and the forecast model SCP used to estimate the power costs for this feasibility study provide conditions in 2027 for a lower PG&E generation rate and higher PCIA. SCP has access to a model that can provide an estimate for future generation rates and PCIA by vintage using market assumptions and has leveraged that model to predict competitive differential for the same market conditions underpinning the power cost estimates.

However, it is important to note that actual PG&E rates and fees have historically varied significantly from estimates – both estimates made by SCP and estimates made by PG&E. Table 10 shows the anticipated PG&E competitive differential for a 2026 vintage (Lake County) and 2014 vintage (SCP) compared to the revenue requirement estimate for an expansion from Table 7.

Table 10. Competitive Differential Forecast vs. Revenue Requirement, ¢/kWh 2027 (Apr-Dec) 2028 2029 2030
SCP Expansion Revenue Requirement 11.66 12.27 12.88 13.43 PG&E 2026 Vintage Competitive
Differential (Lake County) 16.35 15.55 15.22 14.89
PG&E 2014 Vintage Competitive
Differential (SCP) 12.95 12.69 12.74 12.78
SCP currently sets the same generation rates for its customers, regardless of PCIA vintage. If SCP continues that practice in expanding to Lake County and sets rates at its revenue requirement, Table 10 indicates Lake County with its 2026 vintage PCIA would enjoy higher savings than SCP customers in Mendocino and Sonoma Counties (1.46 cents per kWh to 4.69 cents per kWh of savings relative to PG&E service, which 23 v1.1
represents 9.8% to 28.7% savings on generation or 4.2% to 12.9% savings on a total bill basis). In this same scenario, current SCP customers would be seeing comparatively smaller discounts (or a slight premium) due to their 2014 vintage, but with increased savings relative to the status quo without expansion. In 2027, SCP would need to add some costs to its revenue requirement to build reserves up to the new higher target balance beyond the amounts reflected in Table 10.

Sensitivity Analysis
Changes in regulations are a key uncertainty in predicting the future but are difficult to model and forecast. As a result, staff have completed this analysis assuming the existing regulatory conditions. In contrast, power market conditions are the other key uncertainty in determining the economic feasibility of expanding SCP service to Lake County and are possible to model. Power prices not only drive the costs for serving Lake County’s load, but also directly influence PG&E’s generation rate, PCIA, and competitive differential that determines whether SCP service offers cost savings. In order to understand the robustness of the feasibility study’s findings, scenarios have been evaluated for both a high and low market price scenario. Figure 8 shows the power price assumptions used in the low and high price scenarios compared to the base case described above.

Figure 8. Power price assumptions for low and high price sensitivities vs. base case.

Table 11 shows the expected total power costs in the low price and high price scenarios compared to the base case. Whereas the base case represents a scenario with an average power cost of 10.5 cents per kWh, the low case averages 8.45 cents per kWh and the high scenario averages 14.23 cents per kWh. Because this feasibility study assumes power for the expansion to Lake County will be first procured on the spot market, the overall power costs are very sensitive to market price assumptions. 0 20
40 60
80 100
120
2027 2028 2029 2030
North Path 15 Hub Price
($/MWh)
Annual Hub Price vs. Sensitivity Scenario
Base Case Low Price Market High Price Market
24 v1.1
Table 11. Power Costs for Lake County by Sensitivity Scenario, ¢/kWh Scenario 2027 (Apr-Dec) 2028 2029 2030
Base Case 10.06 9.84 10.63 11.46
Low Price Market 9.01 8.17 8.49 8.11
High Price Market 13.36 12.89 15.28 15.39
In order to understand whether the changes in power costs impact the determination that a Lake County expansion lowers the revenue requirement to existing SCP ratepayers, SCP’s existing load profile and power portfolio were tested using the same scenarios with and without a Lake County expansion. The results of this analysis are shown in Table 12.

Table 12. Revenue Requirement Comparison by Sensitivity Scenario, ¢/kWh Scenario Scope 2027 (Apr-Dec) 2028 2029 2030
Low Price Market
SCP (Status Quo) 11.29 11.61 11.89 11.77
SCP + Lake County
Expansion 11.08 11.23 11.53 11.37
Change -0.21 -0.38 -0.37 -0.40
High Price Market
SCP (Status Quo) 13.65 14.69 16.26 16.27
SCP + Lake County
Expansion 13.72 14.54 16.24 16.26
Change +0.07 -0.15 -0.02 -0.01
Unlike Lake County’s power costs, a large portion of SCP’s power is contracted through long-term power purchase agreements at fixed prices. These contracts reduce the sensitivity of SCP’s revenue requirement to variations in market price. Accordingly, the revenue requirement benefits for an expansion to Lake County are amplified in the low market scenario compared to base case results in Table 7 because an expanded portfolio can realize more benefits from reduced power costs. Conversely, the revenue requirement benefits in a high price scenario are muted because SCP’s portfolio becomes more exposed to high market prices with an expansion. However, even in the high price scenario, the revenue requirement with an expansion is either similar or lower than the status quo—indicating that expansion is likely advantageous to SCP across a range of market conditions.
25 v1.1
The low price and high price market scenarios were also tested in the PCIA and competitive differential model—as different market conditions will impact the competitiveness of the rates SCP is able to offer. Table 13 shows the revenue requirement results from Table 12 alongside the PG&E competitive differential model outputs for the low and high price scenarios. In the low price scenario, the competitive differential is reduced due to higher PCIA and reduced PG&E generation rates. The results show that the revenue requirement reductions, however, are likely sufficient to continue providing discounts to the 2026 vintage for Lake County. The low scenario for 2014 vintage customers shows reduced discounts in 2027 and 2028 and increased premiums in 2029 and 2030—but the amplified revenue requirements benefits in the low scenario improve their outcome relative to service without Lake County. In the high market scenario, the differential increases disproportionately to the revenue, allowing greater potential for savings for the 2026 vintage. These results demonstrate that the feasibility study’s finding that SCP could likely deliver competitive rates for Lake County is applicable across a range of market conditions.

Table 13. Competitive Differential Forecast by Scenario, ¢/kWh Scenario Scope 2027 (Apr-Dec) 2028 2029 2030
Low Price
Market
SCP Expansion Revenue
Requirement 11.08 11.23 11.53 11.37
2026 Vintage Competitive
Differential (Lake County) 15.31 14.16 13.39 12.04
2014 Vintage Competitive
Differential (SCP) 11.92 11.31 10.92 9.95
High Price
Market
SCP Expansion Revenue
Requirement 13.72 14.54 16.24 16.26
2026 Vintage Competitive
Differential (Lake County) 19.25 18.21 19.35 18.18
2014 Vintage Competitive
Differential (SCP) 15.84 15.33 16.85 16.05
Reserves and Rate Stabilization Fund Considerations
The results above assume the rates are set at SCP’s revenue requirement and no contribution is made to reserves or a rate stabilization fund7. In practice, SCP will need to budget for contributions to reserves and the rate stabilization fund in years with sufficient competitive differential. Conversely, in years where the revenue requirement is above the competitive differential, SCP would likely draw from its stabilization fund or reserves to provide competitive electric bills to customers. 7 SCP’s rate stabilization fund is a subset of SCP’s reserves entirely made up of deferred revenue. In contrast, the rest of SCP’s reserves are comprised of revenue that was recognized. 26 v1.1
Expanding to Lake County equates to a $21.1 million increase in SCP’s minimum reserves requirement using 2030 costs (the reserves minimum is 180 days of operating costs). Given its current assets and budget for the next year, SCP expects to have a sufficient reserves balance to accommodate the increased requirement without supplemental revenue requirements before or after the start of service.

SCP’s current financial policy sets a target reserves balance of 365 days and stipulates that during periods where SCP is below its target, rates should be set to meet it within 5 years while still protecting customers from unreasonable rates. Adding Lake County increases SCP’s target reserves balance by $42.7 million using 2030 costs. In order to build $42.7 million in additional reserves by the end of 2032, rates would need to be set at 0.28 cents per kWh above the revenue requirement (on average). Depending on the market scenario, this would likely offset the cost reductions for expanding service projected for existing SCP ratepayers in the short term but still allow for discounts to Lake County customers.

An important consideration in expanding to Lake County is that the reserves and rate stabilization fund built-up from SCP’s existing participants will be spread out over 15.4% more load.

Chapter 6. Local Resource Development Opportunities
Since inception, a core value of SCP has been supporting the construction of local energy resources that provide economic development opportunities to the communities it serves. SCP has contracted with the Geysers, built six 1 MW local solar projects, and is currently building a 4 MW solar with storage project in Mendocino County. SCP has created the Geothermal Opportunity Zone (GeoZone) in partnership with Sonoma and Mendocino counties with the aim of building 600 MW of new geothermal capacity. SCP has also recently created a capital projects department specifically focused on building local energy resources. In expanding to Lake County, SCP may find new opportunities for partnership in resource development and use its leverage as a large power customer and regulatory advocate to steer development towards positive outcomes for the region.

Geothermal Opportunity Zone (GeoZone)
SCP’s GeoZone is structured as a public-private partnership to promote local geothermal development. SCP sees clean firm resources such as geothermal as key components of the future grid. The motivation of GeoZone is to leverage SCP’s community relationships, power offtake, and political and regulatory advocacy to build geothermal capacity that is cost-competitive at scale-up and that generates significant local economic benefits. GeoZone partners commit to offering SCP a first right-ofrefusal on all future capacity—locking-in long-term ratepayer benefits if a scale-up is 27 v1.1
successful.

The Clear Lake Volcanic Field that underlies the Geysers creates a regional temperature anomaly that provides favorable conditions for both conventional geothermal development—such as the existing operation at the Geysers—as well as deployment of next-generation geothermal technologies. Although next-generation technologies such as Enhanced Geothermal Systems (EGS) and advanced closed loop (ACL) are technically viable far beyond
the reaches of existing geothermal
fields, the elevated temperatures in that
area allow for them to be tested at
shallower depths and lower cost. SCP
has identified an “Early Interest Area” in
the GeoZone where elevated
temperatures and transmission
availability are likely to attract near-term
development interest. Figure 9 shows
how SCP expects the “Early Interest
Area” could expand should Lake
County join the GeoZone. Figure 9
also shows the Geothermal Setback
Area where Lake County has passed a
moratorium on geothermal
development that would be left
unchanged.

Adding Lake County to the GeoZone
would be mutually beneficial. By
expanding the total land area of
opportunities, SCP and GeoZone
partners are more likely to identify viable projects. Lake County offers high rock temperatures, lower land costs, and significant transmission infrastructure that are likely to attract development interest. Through participation in the GeoZone, Lake County would have increased influence on guiding project development and selecting project partners and importantly would retain its existing jurisdiction over projects proposed within its borders. It would also benefit from SCP’s investment in community engagement and through long-term cost savings from commercial commitments in the GeoZone cooperation agreements. Although Lake County is likely to see geothermal development regardless of participation in the GeoZone, participation in the GeoZone will attract additional interest from industry—accelerating and increasing the scale of investment.

Figure 9. Early interest area for an expanded GeoZone
with Lake County.
28 v1.1
Given the strategic nature of the GeoZone and potential long-term ratepayer benefits, it is strongly recommended that Lake County join the GeoZone concurrently with SCP’s electric service. The SCP Board may want to establish expectations or a requirement on Lake County’s participation in the GeoZone in its offer for service.

Other Clean Energy Opportunities
Lake County has excellent conditions for clean
energy development beyond geothermal power
as well. In 2024, Calpine installed two utility-scale
battery storage systems totaling 38 MW at the
Geysers. AES is in the early stages of developing
a 70 MW wind project in Morgan Valley (see
Figure 10). Lake County and the Hidden Valley
Lake Community Services District have been
exploring the development of closed-loop pumped
hydropower systems. Lake County has high solar
irradiance, high wind power density, relatively
affordable land, and access to transmission.

Lake County’s participation in SCP would support
clean energy development that maximizes local
benefits. As a potential buyer of local projects,
SCP can increase the importance of local
considerations in siting and constructing projects.

SCP offtake of local projects also allows Lake County residents to directly benefit from electricity generation. SCP is also very active in advocacy at the CPUC, California Energy Commission (CEC), and CAISO and can advocate for infrastructure and grants to support local project development for Lake County. Importantly, SCP’s new capital projects team provides an avenue for SCP to directly invest and build resources in Lake County.

Chapter 7. Additional Benefits
SCP expansion to Lake County offers potential benefits beyond ratepayer savings and increased opportunities for partnership in local resource development. These additional benefits include:
• Cost-effective building electrification: SCP has invested heavily in building programs, incentives, and expertise to promote building electrification. However, electrification in Sonoma and Mendocino Counties is challenging because it is not clearly cost-effective due to the relatively low cost of natural gas compared to Figure 10. Wind power density map for Lake
County with location of Morgan Valley project.
29 v1.1
electricity. Lake County does not have access to natural gas and instead relies on higher-cost propane for heating. SCP thus expects the cost-effectiveness of electrification to be significantly better in Lake County which will result in higher adoption rates and allow faster and larger impact.
• Increased portfolio flexibility: As shown in Table 4, over half of SCP’s existing load is served by long-term contracts, which limit SCP’s flexibility to optimize its portfolio if costs decline or new resources or technologies become available.

Adding additional load increases opportunities for SCP to optimize its portfolio.

Adding load also increases utilization of SCP’s existing resources, including its large battery storage fleet. Although the revenue requirement estimates in Chapter 5 assume spot market purchases for incremental load, SCP will look for new long-term contract opportunities that provide supplemental savings. • Improved advocacy: Adding Lake County would expand SCP’s voice to be representative of energy-related issues across a broader region and a more diverse set of experiences. Partnering with Lake County would give SCP more direct experience in understanding the concerns of tribes, low-income communities, and regions that are net exporters of electricity. Lake County would gain access to SCP’s expertise in engaging in energy-related issues with the CPUC, CEC, CAISO, and PG&E to address local priorities. • Improved customer service: SCP staffs a call center and a Customer Center in Santa Rosa that provides very responsive customer service. SCP is able to answer questions on both its own charges and PG&E bill overall. SCP staff also has a long-track record of delivering savings to customers by identifying optimal rate plans, low cost or no cost tips for energy savings, and information on energy efficient appliances.
• Customer choice: An intrinsic benefit of a jurisdiction participating in CCA service is that it provides customers with a choice for two options for their electric provider, where before they had only PG&E. Providing choice to Lake County gives customers greater control over their electricity sources and costs, and creates competition that encourages better service and lower costs.

Chapter 8. Risks
The economic evaluation and benefits listed in Chapter 6 and Chapter 7 provide support for moving forward with expansion of SCP service to Lake County. However, in evaluating whether to proceed it is important to understand the following risks:
• Financial risk to Lake County jurisdictions: Section 3.3 of the JPA governing SCP stipulates that the debts, liabilities, and obligations of SCP shall not be the 30 v1.1
debts, liabilities, or obligations, of participating jurisdictions. Accordingly, participation in SCP should not have any impact on the credit rating or books of Lake County jurisdictions. This also means that member cities and counties of SCP have absolutely no access to the funds or other assets of SCP. In addition, if a jurisdiction decides to completely withdraw from SCP service, Section 7.3 of the JPA give that jurisdiction a choice: (A) they may withdraw on a date of SCP’s choosing without cost obligation, noting that date may be as far in the future as the length of SCP’s longest energy contract (typically 20 or 25 years); or (B) the withdrawing jurisdiction must pay SCP for the financial liability for costs related to the jurisdiction’s participation in SCP service—including losses from the resale of power contracts entered to serve load (an amount that will generally exceed $40 million for a region the size of Lake County). Given the practical difficulty of withdrawal, Lake County jurisdictions should only consider SCP participation if they intend on making a very long-term commitment that will weather different rate and political environments.
• Customer opt-outs: This study assumes a 90% participation rate. However, given the flexibility allowed to individual customers in switching power providers, the participation rate could be higher or lower. High opt-outs could lead to a situation where SCP has excess energy procured in long-term contracts that is not offset by customer revenues. SCP seeks to mitigate customer opt-out risk by investing heavily in marketing and community engagement leading up to start of service and make procurement decisions for the expansion with the flexibility to adapt to lower or higher opt-out rates.
• SCP credit rating: SCP’s current investor-grade credit rating is based on its financial assets, portfolio position, industry conditions, and the demographics of its customers among other conditions. Although this study demonstrates that expansion is financially prudent, credit rating agencies may see it as adding risk—particularly given the impact to the reserves target and the lower average household income observed in Lake County. SCP will seek to mitigate this issue by socializing the financial merits of the expansion with rating agencies and building up reserves to the new higher target balance.
• PG&E Generation Rates & PCIA: As demonstrated in Chapter 5, the ability of SCP to offer competitive rates is very sensitive to the generation rate and PCIA PG&E charges. SCP’s estimates of PG&E’s rates and fees are based on a model calibrated to long sets of historical data, but regulatory changes or changes in PG&E’s procurement practices could cause future generation rates and PCIA to diverge from SCP’s forecasts in Chapter 5. Although this analysis provides strong evidence that SCP will be able to offer competitive rates to Lake County, discounts cannot be guaranteed.
31 v1.1
• Legislative and regulatory risk: SCP is subject to many different compliance requirements, which can be changed through new legislation or rulemaking.

Compliance requirements can challenge the ability of SCP to compete or can devalue its existing resources. SCP seeks to mitigate this risk by investing heavily in its own legislative and regulatory capacity and working through its trade association CalCCA.

Chapter 9. Implementation
Enrollment Process
The steps for Lake County joining SCP service are established in SCP’s Policy D-4, CPUC Resolution 4907, and guided by best practices by other CCA expansions. The steps in Table 14 below include the activities SCP anticipates in working towards a start of service date between April and June 2027 (exact date to be determined following CPUC approval of an updated Implementation Plan).

Table 14. Enrollment Activities and Expected Timing
Expected Timing Activity
June 2025 Socialize Feasibility Study: Feasibility Study presented to SCP Board and Lake County jurisdictions. Starts 60-day clock for SCP jurisdictions to review.

July 2025 Tribal Engagement: SCP, with support from Lake County, begins engaging Lake County tribes to build awareness of CCA service and address concerns.

August to
September 2025
(depending on
meeting schedule)
SCP Board Invitation: SCP Board of Directors votes on whether to extend a formal offer of service
Lake County Ordinance Approval: Lake County jurisdictions approve resolution requesting SCP membership and ordinance authorizing CCA service through SCP. Note: this requires two consecutive meetings.

October 2025 SCP Resolution: SCP Board of Directors adopts resolution authorizing participation of Lake County jurisdictions.

Drafting: SCP staff write an updated Implementation Plan and circulate to the SCP Community Advisory Committee for review.

November 2025 Implementation Plan: SCP Board certifies the updated Implementation Plan and SCP staff submits updated Implementation Plan to CPUC with Lake County expansion
February 2026 Implementation Plan Certified: CPUC must certify it has received the Implementation Plan within 90 days of filing.
32 v1.1
Expected Timing Activity
April 2026 RA: SCP submits its load forecast for 2027 RA requirements including Lake County.

Sep 2026 Customer Outreach: SCP hires necessary staff and begins community outreach in Lake County in earnest including participation in community events, advertising/marketing, and dedicated townhall meetings.

July 2026 Procurement: SCP is assigned RA obligation for Lake County and begins supplemental procuring resources to serve load in earnest.

February 2027 First Notice: SCP will mail notices to all prospective customers describing terms of service and customer’s opt-out opportunity before service.

March 2027 Second Notice: SCP will mail second notice to all prospective customers describing terms of service and customer’s opt-out opportunity before service.

Between April and
June 2027 (TBD)
Start of Service: PG&E will transfer eligible accounts to SCP service based on billing period.

Governance
SCP is governed by a Board of Directors composed of elected members from participating jurisdictions. The early Board included one appointee from Sonoma County and one from each of the participating municipalities in Sonoma County. When SCP expanded to Mendocino County in 2017, one seat was assigned to Mendocino County and one seat was shared by the three participating cities: Fort Bragg, Point Arena, and Willits. The SCP Board currently has eleven total board members.

Decisions of the Board of Directors are generally made by a majority of directors present at the meeting, but a director can request approval of any matter also require the majority of voting shares. Voting shares are allocated between participants proportional to annual load.

It is the staff’s recommendation that the Board consider following the approach used in expanding to Mendocino County. Adding one seat from Lake County’s Board of Supervisors and a shared seat between the City of Clearlake and City of Lakeport would expand the SCP Board of Directors to thirteen seats. The three Lake County jurisdictions are expected to represent 13.5% of SCP’s load after expansion. Two seats on a 13-member board closely approximates their load share (15.4% vs. 13.5%), which will still be used as the basis for allocating voting shares.

Meeting Date: 07/15/2025 Page 1 Agenda Item # VII.A.2.

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

STAFF REPORT
RE: Consider Adoption of Revised City Mission and Community Vision Statement or the Appointment of Ad Hoc Committee to Revise City Mission and Community Vision Statement
MEETING DATE: 07/15/2025
SUBMITTED BY: Kevin M. Ingram, City Manager
PURPOSE OF REPORT: ☐Information only ☒ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Discussion regarding the City’s Mission and Community Vision Statement and direction on public input process.

BACKGROUND:

This agenda item is being brought back to the City Council for further discussion regarding the City’s Mission and Community Vision Statement. At the June 30, 2025, special meeting, the City Council adopted revised language as part of the FY 2025–26 budget document. The Council also directed staff to return with this item for broader discussion and to explore opportunities for public input prior to finalizing the statement for ongoing use.

As part of the FY 2025–26 budget adoption process, the City Council considered updates to the City’s longstanding mission and community vision statements. The prior language was first included in the FY 2012–13 budget and has remained unchanged since that time. Beyond inclusion in the annual budget, the only other instance of its use is on the City Council page of the City’s website.

During the June 30th meeting, the Council discussed the relevance of the existing language and considered revised statements intended to better reflect the community's current values and aspirations. While the updated language was adopted for inclusion in the budget document, the Council expressed interest in continuing the conversation and seeking broader community input before confirming the statements for longterm use.

The revised statements currently included in the adopted budget are as follows:

Mission Statement
Lakeport is a beautiful and welcoming community. We are dedicated to preserving its small-town charm while ensuring it remains a wonderful place to raise a family, enjoy retirement, explore the outdoors, and live a healthy, fulfilling life.

Community Vision Statement
Lakeport’s unique character and community values are the foundation of our future. These treasured qualities Meeting Date: 07/15/2025 Page 2 Agenda Item # VII.A.2.
will be preserved and enhanced through the effective, responsive, and forward-thinking delivery of municipal services.

DISCUSSION:

A key consideration moving forward is clarifying the purpose and intended audience of the Mission and Community Vision Statement. Specifically:
• Is this a true community vision statement reflecting the shared aspirations and identity of the entire Lakeport community?
• Or is it intended as a statement of purpose and service philosophy for the City Council and organization in delivering municipal services?
This distinction will help guide the appropriate level and format of public engagement. A community-driven vision may warrant extensive outreach and collaborative input, while a Council-oriented mission may be best refined internally with transparency and awareness efforts.

A well-crafted mission and vision statement provides a sense of direction, sets priorities, and serves as a foundation for strategic decision-making. Whether intended as an internal guide or a community-wide expression, these statements should reflect shared values, inspire action, and align with the City’s broader planning and communication efforts.

Possible options for Council Consideration:

1. Affirm the Revised Language as Council’s Vision
o If the Council determines the mission and vision statement primarily reflects its role and purpose, no further action may be necessary beyond public awareness.

2. Initiate a Community Engagement Process
o Direct staff to conduct a public input process to shape a more community-based mission and vision. Potential engagement tools include:
 Online surveys and comment forms
 Facilitated community workshops or listening sessions  Focus groups with key stakeholders
 Outreach through neighborhood associations, nonprofits, or youth councils

3. Appoint an Ad Hoc Committee or Task Force
o Form a small working group composed of Council Members, staff, and community representatives to refine the language and recommend a process for broader input.

4. Defer Action Until Strategic Planning or General Plan Update o Consider deferring comprehensive vision development until the City undertakes a broader strategic planning or General Plan update effort where such language may be more thoroughly integrated.

Additional options or a combination of options listed above may be considered. The adopted Lakeport City Council Priority Areas are included as an attachment to this report to assist in the overall discussion.

Meeting Date: 07/15/2025 Page 3 Agenda Item # VII.A.2.

OPTIONS:

1. Discuss and clarify the intended purpose and audience of the Mission and Community Vision Statement.

Further, provide direction to staff on whether and how to solicit additional community input before finalizing the statement for future use.

2. Take no action.

3. Or alternatively, the Council may provide staff alternative direction.

Comments: No fiscal impact.

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:

Option A – Affirm Current Language
Move to affirm the current Mission and Community Vision Statements as adopted in the FY 2025–26 budget and direct staff to publish the language for ongoing use.

Option B – Seek Public Input
Move to direct staff to initiate a public engagement process to gather community feedback on the City’s Mission and Community Vision Statement.

Option B – Form Ad Hoc Committee
Move to establish an Ad Hoc Committee composed of City Council Members and community representatives to review the Mission and Community Vision Statement and recommend a final version to the full City Council. establish
☒ Attachments: 1. Council Priority Areas
13 | Page

LAKEPORT CITY COUNCIL PRIORITY AREAS

PUBLIC SAFETY & CRISIS RESPONSE
 Attraction, Retention & Training of High-Quality Law Enforcement  Continue to explore various ways to address homelessness, mental health and substance abuse in our community
 Continue to promote community policing strategies

DISASTER RESILIENCY
 Pursue preventive measures to reduce hazard vulnerabilities (Mitigation)  Build capabilities to manage the impacts of hazards. (Preparedness)  Strive to reduce adverse conditions during an emergency. (Response)  Work actively to restore areas affected by a disaster (Recovery)

GOOD GOVERNANCE & FISCAL STABILITY
 Foster fiscal discipline and fiscal stewardship
 Continue to implement processes and technology to streamline to enhance services  Ensure quality and efficient service delivery
 Provide timely information to residents about City activities, services and programs  Increase citizen engagement
 Risk Management
 Promote activities that advance diversity, equity and inclusion in the community

CAPITAL INFRASTRUCTURE IMPROVEMENT
 Properly prioritize capital improvements
 Aggressively pursue various sources of funding
 Continue to develop project readiness

SAFE, SUSTAINABLE & ATTRACTIVE NEIGHBORHOODS
 Pursue wide variety of housing options
 Improve quality of existing housing stock
 Increase access to parks and recreational amenities
 Improve overall community health metrics
 Promote community events that foster overall quality of life in the community.  Improve access to open space and preserve natural vistas  Promote environmental protective measures while highlighting their economic value

ECONOMIC DEVELOPMENT
 Promote and participate in regional economic development initiatives  Expand and support business retention and attraction efforts  Strive to enhance the historic downtown and lakefront area Meeting Date: 07/09/2025 Page 1 Agenda Item # VII.B.1.

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

STAFF REPORT
RE: Martin & Lakeshore Repaving Project Award MEETING DATE: 07/15/2025 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 approve the plans, specifications, and working details for the Martin & Lakeshore Repaving Project; award a public works construction contract to the lowest responsible bidder, Ghilotti Construction Company, Inc.; and authorize the City Manager to execute a construction agreement with Ghilotti Construction Company, Inc. in an amount not to exceed $1,211,621.40. This amount includes the base bid of $1,101,474.00 plus a 10% contingency to account for any unforeseen conditions or necessary change orders that may arise during construction.

BACKGROUND:

The work consists of pavement rehabilitation on Martin Street and Lakeshore Boulevard. The work includes fulldepth reclamation with cement, hot mix asphalt paving, protection and adjustment of existing utilities and restoration of pavement markings.

The bids were publicly opened on Wednesday, June 25, 2025, after a five-week bid period. There were three bids received. Upon reviewing the bid documents, Ghilotti Construction Company, Inc. is the lowest responsive bidder. The engineer’s estimate for this project was $1,403,162.90. Construction is estimated to start at the beginning of September and be completed by the end of October 2025.

DISCUSSION:

The purpose of the project is to improve road conditions, ensure safety, and prolong the useful life of public infrastructure. The project benefits motorists, cyclists, pedestrians, and the general public by enhancing transportation infrastructure in these highly traveled corridors.

This project follows the water and sewer infrastructure replacement project, which replaced and upsized the aging utilities under each of the roads.

In recommending a contract award, staff must evaluate if the bidder is responsible as defined in Public Contract Code § 1103 as, “a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” Ghilotti Construction Company’s Experience Statement shows prior experience on pavement rehabilitation projects that are similar in scope and value of the Martin & Lakeshore Repaving Project. Ghilotti Construction Company also completed the 2024 Water & Sewer Main Replacement Project.

Meeting Date: 07/09/2025 Page 2 Agenda Item # VII.B.1.

The City Council has the discretionary authority to approve the Project’s plans and designs in advance of construction. The Project’s plan and designs were prepared by RSA+ and submitted May of 2025. The Project’s plan and designs were reviewed by the City’s Engineering Division and approved by Kevin Ingram, City Manager, Paul Curren, City Engineer, and Paul Harris, Utilities Director. City staff recommends the City Council approve the Project’s plans and designs, as staff considers them to be reasonable based on the detail of the plans prepared by RSA+ and the approval granted by Kevin Ingram, Paul Curren, and Paul Harris.

ENVIRONMENTAL COMPLIANCE:

Staff filed a Notice of Exemption under the requirements of the California Environmental Quality Act (CEQA) on April 28, 2025. This project meets the criteria established in Section 15301 of the CEQA Guidelines as it consists of repair and maintenance of existing public roadways, including pavement rehabilitation and utility adjustment, within the existing right-of-way. There will be no expansion of use or disturbance outside the current roadway limits. The project was determined to be eligible for a Categorical Exemption.

OPTIONS:

1. Award a construction contract to Ghilotti Construction Company, Inc. for the Martin & Lakeshore Repaving Project and authorize the City Manager to execute the construction contract for the bid amount.

2. Reject all bids and direct Staff to readvertise the project.

3. Take no action or provide alternative direction to staff.

FISCAL IMPACT:
☐ None ☒ Not to exceed $1,211,621.40 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: HUTA & SB1 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 approve the plans, specifications and working details and award a construction contract to Ghilotti Construction Company, Inc. for the Martin & Lakeshore Repaving Project and authorize the City Manager to execute the construction contract for the bid amount of $1,211,621.40. ☒ Attachments: 1. Bid Tabulation

2. Project Plans

3. Project Specifications
Bid Item Description Quantity Unit of Measure Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization 1 LS $77,000.00 $77,000.00 $109,200.00 $109,200.00 $62,000.00 $62,000.00 2 Traffic Control 1 LS $50,999.00 $50,999.00 $80,000.00 $80,000.00 $87,000.00 $87,000.00 3 Construction Surveying 1 LS $4,500.00 $4,500.00 $4,450.00 $4,450.00 $28,000.00 $28,000.00 4 Water Pollution Control Program 1 LS $8,200.00 $8,200.00 $1,000.00 $1,000.00 $14,000.00 $14,000.00 5 1-3/4" Cold Plane 44497 SF $.60 $26,698.20 $.40 $17,798.80 $.80 $35,597.60 6 2" Cold Plane 1890 SF $1.02 $1,927.80 $.73 $1,379.70 $5.00 $9,450.00 7 3" Cold Plane for Digouts 1500 SF $3.50 $5,250.00 $11.00 $16,500.00 $6.00 $9,000.00 8 3" Cold Plane 46930 SF $.75 $35,197.50 $.53 $24,872.90 $.80 $37,544.00 9 3-1/2" Cold Plane (for FDR) 47160 SF $.80 $37,728.00 $.47 $22,165.20 $.80 $37,728.00 10 10" Full Depth Reclamation 47160 SF $1.10 $51,876.00 $1.66 $78,285.60 $1.70 $80,172.00 11 15" Full Depth Reclamation 46930 SF $1.15 $53,969.50 $1.66 $77,903.80 $1.60 $75,088.00 12 Type II Cement 170 TON $200.00 $34,000.00 $300.00 $51,000.00 $200.00 $34,000.00 13 1/2" Type HMA PG64-16 2744 TON $196.00 $537,824.00 $190.00 $521,360.00 $194.00 $532,336.00 14 Survey Monument Preservation 3 EA $1,200.00 $3,600.00 $3,435.00 $10,305.00 $3,500.00 $10,500.00 15 Lower & Adjust Water Valves 47 EA $1,650.00 $77,550.00 $1,600.00 $75,200.00 $1,200.00 $56,400.00 16 Lower & Adjust Manholes 17 EA $2,520.00 $42,840.00 $3,000.00 $51,000.00 $4,500.00 $76,500.00 17 Lower & Adjust Cleanouts 1 EA $1,800.00 $1,800.00 $1,400.00 $1,400.00 $2,000.00 $2,000.00 18 Work around Water Vault 1 EA $650.00 $650.00 $1,800.00 $1,800.00 $8,700.00 $8,700.00 19 Work Around AT&T Manhole Covers 3 EA $640.00 $1,920.00 $1,800.00 $5,400.00 $3,000.00 $9,000.00 20 HMA QC Laydown Technician 1 LS $4,350.00 $4,350.00 $1,586.00 $1,586.00 $7,500.00 $7,500.00 21 HMA QC Compaction Technician 1 LS $4,350.00 $4,350.00 $1,586.00 $1,586.00 $7,500.00 $7,500.00 22 FDR QC Technician 1 LS $7,000.00 $7,000.00 $13,200.00 $13,200.00 $7,000.00 $7,000.00 23 HMA QC Materials Testing 1 LS $500.00 $500.00 $1,586.00 $1,586.00 $7,500.00 $7,500.00 24 Stop Legend (Thermo) 11 EA $325.00 $3,575.00 $325.00 $3,575.00 $325.00 $3,575.00 25 Type IV Arrow (Thermo) 2 EA $225.00 $450.00 $225.00 $450.00 $225.00 $450.00 26 Detail 22 3167 LF $4.00 $12,668.00 $4.00 $12,668.00 $4.00 $12,668.00 27 Detail 27B 5824 LF $1.50 $8,736.00 $1.50 $8,736.00 $1.50 $8,736.00 28 Detail 29 115 LF $8.00 $920.00 $8.00 $920.00 $8.00 $920.00 29 Detail 38 95 LF $2.00 $190.00 $2.00 $190.00 $2.00 $190.00 30 12" White Line (Thermo) 389 LF $10.00 $3,890.00 $10.00 $3,890.00 $10.00 $3,890.00 31 Red Curb 165 LF $5.00 $825.00 $5.00 $825.00 $5.00 $825.00 32 Blue Reflective Marker 14 EA $35.00 $490.00 $35.00 $490.00 $35.00 $490.00 Total $1,101,474.00 $1,200,723.00 $1,266,259.60
Martin & Lakeshore Repaving Project Bid No. 25-01
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RSA | CONSULTING CIVIL ENGINEERS + SURVEYORS + + 1980 est. 1515 FOURTH STREET NAPA, CALIF. 94559 OFFICE www.RSAcivil.com | 252.3301 707| + + MARTIN ST C1.2 3 TRAFFIC CONTROL PLAN
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MARTIN & LAKESHORE REPAVING PROJECT
CITY OF LAKEPORT CALIFORNIA 10 FOR AGENCY REVIEW CHECKED DRAWN DESIGNED DATE JOB NO. SHEET NO. OF SHEETS APPD REVISIONS BY DATE NO.

Printed on Recycled Paper Please Continue the Cycle
RSA | CONSULTING CIVIL ENGINEERS + SURVEYORS + +
1980
est.
1515 FOURTH STREET
NAPA, CALIF. 94559
OFFICE
www.RSAcivil.com
| 252.3301 707|
+ + TYPICAL SECTIONS C1.3
4 MARTIN & LAKESHORE REPAVING PROJECT CITY OF LAKEPORT CALIFORNIA 10 FOR AGENCY REVIEW

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MARTIN & LAKESHORE REPAVING PROJECT CITY OF LAKEPORT CALIFORNIA 10 FOR AGENCY REVIEW

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MARTIN & LAKESHORE REPAVING PROJECT CITY OF LAKEPORT CALIFORNIA 10 FOR AGENCY REVIEW

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MARTIN & LAKESHORE REPAVING PROJECT CITY OF LAKEPORT CALIFORNIA 10 FOR AGENCY REVIEW

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MARTIN & LAKESHORE REPAVING PROJECT CITY OF LAKEPORT CALIFORNIA 10 FOR AGENCY REVIEW

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MARTIN & LAKESHORE REPAVING PROJECT
CITY OF LAKEPORT CALIFORNIA 10 FOR AGENCY REVIEW CHECKED DRAWN DESIGNED DATE JOB NO. SHEET NO. OF SHEETS APPD REVISIONS BY DATE NO.

CITY OF LAKEPORT

PUBLIC WORKS DEPARTMENT

LAKEPORT, CALIFORNIA

NOTICE TO BIDDERS
AND

SPECIAL PROVISIONS
For
Martin & Lakeshore Repaving Project
BID NO. 25-01
IN

LAKEPORT, CALIFORNIA
For Information on this Project, Contact
Paul Curren, City Engineer
or
Olivia Grupp, Project Manager
at
(707) 972-6989
Bid Book dated May 21, 2025
Bids Due June 25, 2025 before 2:00 pm

TABLE OF CONTENTS

MARTIN & LAKESHORE REPAVING PROJECT
BID NO. 25-01

IN THE CITY OF LAKEPORT, CALIFORNIA

SECTION
A. NOTICE INVITING SEALED BIDS
B. INSTRUCTIONS TO BIDDERS
C. SCOPE OF WORK
D. STANDARD SPECIFICATIONS
E. SPECIAL PROVISIONS SECTION 1 - GENERAL
F. SPECIAL PROVISIONS SECTION 2 - SCOPE OF THE WORK
G. SPECIAL PROVISIONS SECTION 3 - CONTROL OF THE WORK
H. SPECIAL PROVISIONS SECTION 4 - CONTROL OF MATERIALS
I. SPECIAL PROVISIONS SECTION 5 - LEGAL RELATIONS AND RESPONSBILITIES J. SPECIAL PROVISIONS SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK K. SPECIAL PROVISIONS SECTION 7 - MEASURE AND PAYMENT
L. SPECIAL PROVISIONS SECTION 8 - FACILITIES FOR AGENCY PERSONNEL M. SPECIAL PROVISIONS - PART 2
N. BID SCHEDULE
O. BID PROPOSAL
Attachments:

A - City-ARTICLES OF AGREEMENT and bonds
B - Martin & Lakeshore Repaving Plans
C - Technical Specifications-Martin & Lakeshore Repaving

NOTICE INVITING SEALED BIDS
Martin & Lakeshore Repaving Project
BID NO. 25-01

IN THE CITY OF LAKEPORT, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Lakeport as AGENCY, invites sealed bids, electronically, by and before Wednesday, June 25, 2025 (date) at 2:00 pm through its OpenGov Procurement portal. All associated documents, including bonding information, shall be submitted with the bid. Bidders must be registered on the District’s OpenGov Procurement portal to submit a Bid Proposal and to receive addendum notifications. Each bidder is responsible for making certain that their Bid Proposal is submitted/uploaded with sufficient time to be received prior to the bid opening date and time. Delivered, mailed, telegraphic, telephonic, electronic, and facsimile bids will not be accepted. Bidders are responsible for obtaining all addenda from the City’s OpenGov Procurement portal. If any Addendum issued by the City is not acknowledged online by the Bidder, the Bidder may be deemed non-responsive by the City. Bid results will be available on the City's OpenGov Procurement portal immediately following the bid opening date/time.

General work description: This project consists of pavement rehabilitation on Martin Street and Lakeshore Boulevard in the City of Lakeport. The work includes full depth reclamation with cement, hot mix asphalt paving, protection and adjustment of existing utilities, and restoration of pavement markings.

The work shall be completed within 40 working days (Time of Completion) after the date the City issues a Notice to Proceed to the successful contractor. For unauthorized delays, Liquidated Damages are Five Hundred Dollars ($500.00) per day.

The estimated cost of the work is $1,403,162.90.

Plans, specifications, and contract documents necessary to submit a bid are available electronically through the City's OpenGov Procurement portal at: https://procurement.opengov.com/portal/cityoflakeport. Bidders 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, a Bidder must draft a response in OpenGov Procurement to this project, follow the steps within OpenGov Procurement and submit. Only bids submitted electronically through OpenGov Procurement will be accepted.

There will be a Non-Mandatory pre-bid meeting held Monday, June 9, 2025 at 2:00 pm. The meeting will take place at 591 Martin St. Lakeport, CA 95453.

Questions about alleged patent ambiguity of the plans, specifications, or estimate must be submitted electronically through the City's OpenGov portal prior to 5:00 pm on Friday, June 13, 2025. After this time, the City will not consider these questions as bid questions. All bidder’s inquires must be submitted through the project Q&A in the City's OpenGov Procurement portal.

Bids must be prepared in conformance with INSTRUCTIONS TO BIDDERS and all information shall be submitted in the specified manner. For any bid security sent in via hard copy (BID SECURITY ONLY, NOT ENTIRE BID RESPONSE) it must be submitted in an envelope sealed and plainly marked on the outside:
"SEALED BID SECURITY FOR Martin & Lakeshore Repaving Project BID NO. 25-01
DO NOT OPEN WITH REGULAR MAIL"
The bid must be accompanied by a bid guarantee in the amount of 10% of the total bid before 2:00 pm ON Wednesday, June 25, 2025. 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 A 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.

If applicable, this project is subject to the skilled and trained workforce requirements of the Public Contracts Code §§ 2600 – 2602.

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 the Contract Documents.

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

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

The tentative timeline for this bid is as follows:

Release Project Date: May 21, 2025
Pre-Proposal Meeting (Non-Mandatory): June 9, 2025, 2:00pm 591 Martin St. Lakeport, CA 95453
Question Submission Deadline: June 13, 2025, 5:00pm
Question Response Date: June 18, 2025
Proposal Submission Deadline: June 25, 2025, 2:00pm

INSTRUCTIONS TO BIDDERS
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 the Notice Inviting Sealed Bids section of this Bid, 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 the time of completion described on the Notice Inviting Sealed Bids. The Contractor shall pay to the Agency the amount of Liquidated Damages described in the Notice Inviting Sealed Bids, for unauthorized delays 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 through the City's OpenGov portal by the time and date noted for such in the Project's Timeline. Interpretations by the Agency will be in the form of addenda to the contract documents and, when issued, will be posted online on the City's OpenGov portal and will be available for public viewing. Agency makes no guarantee that all bidders will receive all addenda. All such addenda shall become part of the contract.

B1.05 SOIL INFORMATION
Not applicable.

B1.06 PROPOSAL
Proposals shall be made on the forms provided in the Bid Proposal section of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, 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 submittal shall use the forms provided. 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 provided in the Bid Proposal section of these specifications.

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 of all addenda issued during the bidding period.

This acknowledgment shall occur on the electronic submittal through the OpenGov portal. 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 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 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 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 the Bid Proposal section.

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 SUPPLIERS AND SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in the Bid Proposal section. The name, address, 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 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, or a bid bond delivered to the Agency prior to the Bid date and time, Bid bonds shall be duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payment to the Agency in the sum of at least 10% of the total amount of the bid proposal; alternatively, 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. shall be delivered. The amount payable to the Agency under the proposal guarantee or bid bond 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 bond or bid proposal already received will be considered only if the modification is received before the due date and time of bids. All modifications shall be made within the electronic proposal and then resubmitted before the due date and time. After submittal, a bid may be "unsubmitted" and modified until the due date and time have passed. A modified bid must be resubmitted after modifications are complete or it will not be considered for award. Unsubmitting a bid without resubmitting shall be treated as if the contractor had submitted nothing at all.

B1.15 WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn by clicking "Unsubmit". The proposal shall not be considered if unsubmitted and may be resubmitted prior to the due date and time. Proposals may not be withdrawn after the due date and time have passed 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 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
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.

B1.21 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.

B1.23 FEDERAL REQUIREMENTS
If federal requirements are applicable, see federal requirements attachment for additional contract requirements incorporated into the agreement.

SCOPE OF WORK
SCOPE
This project consists of pavement rehabilitation on Martin Street and Lakeshore Boulevard in the City of Lakeport. The work includes full depth reclamation with cement, hot mix asphalt paving, protection and adjustment of existing utilities, and restoration of pavement markings.

STANDARD SPECIFICATIONS
Martin & Lakeshore Repaving Project
BID NO. 25-01

IN THE CITY OF LAKEPORT, CALIFORNIA
INCORPORATION OF GREENBOOK. The latest edition of the Standard Specifications for Public Works Construction (“SSPWC” or “Greenbook”) shall be incorporated by reference into these Standard Specifications as if fully replicated herein. These Standard Specification shall be supplemented, amended, or replaced by the Special Provision contained in Sections E and F hereinbelow. To the extent that anything in the Special Provisions conflicts with the terms or requirements of the SSPWC, the Special Provisions shall control.

SPECIAL PROVISIONS SECTION 1 - GENERAL
SPECIAL PROVISIONS - PART 1
The following provisions supplement, amend, or replaced the requirements of the Standard Specifications for Public Works Construction ("SSPWC" or "Greenbook"). The section and paragraph numbering reflects the same as the Greenbook. To the extent that anything in these Special Provisions conflicts with the terms or requirements of the SSPWC, these Special 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.

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.

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.

Standard Plans - “Standard Plans for Public Works Construction” or “SSPWC” – Latest edition of the Southern California Chapter of the American Public Works Association.

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.

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 6-6 "Suspension of Work" of the Standard Specifications. 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
1-4 UNITS OF MEASURE
1-4.1 General.

When U.S Standard Measures are not included in parenthesis, then the SI units shall control. 1-7 AWARD AND EXECUTION OF CONTRCT
1-7.0 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 the Standard Specifications and these Special Provisions (“Control of the 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.

1-7.1 General.

The AGENCY reserves the right to reject any or all proposals.

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.

1-7.2 Contract Bonds.

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.

SPECIAL PROVISIONS SECTION 2 - SCOPE OF THE WORK
2-1 WORK TO BE DONE
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.
2-3 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 fully defend, indemnify and hold harmless AGENCY, its authorized representatives and their representative subsidiaries, affiliates, members, director, officer, employees and agents, including parties that AGENCY contracts with (including other governmental agencies such as the California Department of Transportation) (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 these 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.
2-5 CONTRACTOR'S EQUIPMENT AND FACILITIES
2-5.1 General.

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 workday.

SPECIAL PROVISIONS SECTION 3 - CONTROL OF THE WORK
3-3 SUBCONTRACORS
3-3.1 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, the California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the prime CONTRACTOR in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime CONTRACTOR, specially fabricates and installs a portion of the work or improvement according to 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 Council 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 Council. Upon order by City Council 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.
3-3.2 Additional Responsibility. The CONTRACTOR shall perform, with its own organization, Contract work amounting to at least 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. 3-3.3 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.
3-4 AUTHORITY OF COUNCIL AND THE ENGINEER
The Council 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 Council.
3-7 CONTRACT DOCUMENTS
3-7.1 General.

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. (a) 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.

3-7.2 Precedence of Contract Documents.

If there is a conflict between any of the Contract Documents, the document highest in precedence shall control. The order of precedence, from highest to lowest, shall be as follows:

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. Notice Inviting Bids

9. Instructions to Bidders

10. Standard Plans.

11. Standard Specifications.

12. Reference Specifications.

Detail drawings take precedence over general drawings.
3-8 SUBMITTALS
3-8.2 Working Drawings. N/A
3-8.3 Shop Drawings. N/A

3-10 SURVEYING
3-10.1 General. The CONTRACTOR will provide all necessary construction surveying, staking or markings for locating the limits of construction and shall comply with the provisions these Standard Specifications. The CONTRACTOR shall bear all costs for restaking or marking.

Construction surveys can be done by qualified contractor personnel. A licensed profession surveyor is not required for this project. The AGENCY will provide available record map information.

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.

3-10.2 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 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.

3-10.4 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.

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.
3-12 WORK SITE MAINTENANCE
3-12.1 General.

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.

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.

Excess excavated material from catch basins 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.

3-12.1.1 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.

3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP).

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 Board, through submittal of the Notice of Intent (NOI).

If construction will occur between October 1 and April 15 (considered as the rainy season), 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.
(a) 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 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.
(b) 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.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion.

The Work will be inspected by the Engineer for acceptance upon receipt of the CONTRACTOR’s written assertion that the Work has been completed.

3-13.3 Warranty.

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 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.

SPECIAL PROVISIONS SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL
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 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 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 tis 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. Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders.

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.

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 AGENCY, 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 AGENCY 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 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 court 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.
4-2 PROTECTION
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, 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, 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 Engineer.

Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with the Contract Documents.

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.

All costs to the CONTRACTOR for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be the responsibility of the CONTRACTOR. 4-3 INSPECTION
4-3.1 General.

The following special items of equipment are subject to inspection at the source:

None
4-4 TESTING

The CONTRACTOR is responsible for Quality Control testing as outlined in the technical specification (attachment)

CONTRACTOR shall be responsible for calling the Project Engineer for testing and inspection of the above items (48) hours in advance. Work not properly tested and inspected will be subject to rejection. 4-6 TRADE NAMES
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.
4-9 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 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 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.

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.

SPECIAL PROVISIONS SECTION 5 - LEGAL RELATIONS AND RESPONSBILITIES 5-2 SPECIAL NOTICES
5-2.1 Mandatory Notification Prior To Excavation. The CONTRACTOR’s attention is direct 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 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 4-2, “Protection,” of the 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
Lakeport Fire District
Lakeport Unified School District
Lake County Transit
No excavation shall commence unless the CONTRACTOR has obtained the USA Inquiry Identification Number.

5-2.2 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 2-7 CHANGES INITIATED BY THE AGENCY of the Standard Specifications.
5-4 INSURANCE
5-4.1 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, which includes but is not limited to, contracts with other governmental agencies such as the California Department of Transportation, which are necessary for the AGENCY to enact this Agreement or from contracts with other parties or governmental agencies, which are necessary for the AGENCY to enact this Agreement.

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.

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.

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.

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.

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. Insurance limits are as follows:

Commercial General Liability/ Umbrella Insurance - $2 million per occurrence $4 million aggregate Business Auto/ Umbrella Insurance - $2 million

SPECIAL PROVISIONS SECTION 6 - PROSECUTION AND PROGRESS 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
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. Storm Water Pollution Prevention Plan (SWPPP)

6-1.4 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
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.

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.

6-2.1 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 lien 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 pre-construction 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.

6-2.1.1 Notification to the Public. Affected properties will be determined by the Engineer and are, in general, those properties that fall within 500 feet of the limits of the work. CONTRACTOR shall remain aware of all adjacent property owners and take all steps necessary to minimize construction impacts and disturbances to all affected property owners. The CONTRACTOR is required to distribute the approved public notice to property owners one week prior to roadway construction. CONTRACTOR shall be responsible for all costs associated with these tasks and responsibilities in the various contract bid items.

The CONTRACTOR is required to notify the City by e-mail that public notices have been distributed. The e-mail shall be addressed to the City representative(s) designated during the preconstruction meeting. The e-mail shall be sent to the City no later than 8 a.m. on the day following distribution of the notices. The e-mail notification to the City shall contain a map showing the limits of distribution and the dates and times distributed. A separate e-mail shall be sent for each distribution. The City will use the information on the e-mails to verify that the distribution has been performed. If the distribution is not verified by the City, the City will e-mail to the CONTRACTOR’s representative the locations which must be redistributed with the new information. The CONTRACTOR shall not perform work in the distribution area without e-mail notification of verification by the City of the distribution.

The CONTRACTOR shall submit a sample of a public notice for review and approval by the Engineer. The CONTRACTOR shall provide changes as directed by the City representative and submit final draft for approval.

If the work is delayed or rescheduled for any reason after placement of “No Parking” signs, the CONTRACTOR shall re-date the signs affected and re-notify the residents and businesses of the change via a new “door-knob” notice. If the work is delayed more than five days, the CONTRACTOR shall remove the signs and place re-dated signs two (2) days in advance of the work.

6-2.1.2 Notification to the Public Agencies. The CONTRACTOR shall notify the following Agencies 48 hours prior to working in the area within the City of Lakeport unless otherwise noted:
[Add other agencies as appropriate]

6-2.1.3 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 Sheriff Department. The CONTRACTOR shall notify the Sheriff Communications Center upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the CONTRACTOR shall notify the Sheriff Communications Center 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.

6-2.1.4 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.

6-2.1.5 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, Traffic and Engineering 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” (“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 in the CONTRACTOR’S prosecution of the Work shall be included in the Bid.

6-2.2 Daily Reports. 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. 6-3 TIME OF COMPLETION
6-3.1 General.

The CONTRACTOR shall complete the Work within the number of Working Days specified in Invitation for Sealed Bids, after the Notice to Proceed.

6-3.3 Working Day. A working day is any day within the period between the start of the Contract time as defined in 6-1.2 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 6-4.1,

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 6-4.1.

The CONTRACTOR’s activities involving work which requires street closure, lane closures, sidewalk closures, detours, and barricades shall be confined to the hours between 7:00 a.m. and 5:00 p.m. In addition, the CONTRACTOR shall not perform any Work on Saturday, Sunday, or on AGENCYdesignated holidays. AGENCY-designated holidays are listed in TABLE 1 – AGENCY-DESIGNATED 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.

TABLE 1 – AGENCY-DESIGNATED HOLIDAYS
New Year's Eve
New Year’s Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
6-3.4 Restrictions on closure of traffic lanes:

A. All traffic lanes shall be open for public use on the days and at the times specified below, unless approved otherwise by the City Engineer:

1. Saturdays, Sundays and AGENCY designated holidays: from 12:01 a.m. to 11:59 p.m.

2. Fridays and any days preceding an AGENCY designated holiday: from 3:00 p.m. to 11:59 p.m.

3. Non-construction hours: all hours when the CONTRACTOR’s employees are not physically present at the construction site actively performing contract work.

B. On those days and hours when closure of traffic lanes is not prohibited under the provisions of the preceding subparagraph A, no more than one travel lane may be closed at any time during construction hours. During any lane closure, Type II flashing arrow boards shall be used in accordance with the 2012 California MUTCD.

C. Traffic signals shall not be placed in flash operation during the hours that traffic lanes must be kept open as defined in Paragraph A. Under no circumstances shall traffic signal be placed in flash operation without prior approval from the Project Engineer. Traffic signal will be only placed in flash operation by City personnel. CONTRACTOR shall contact the Project Engineer at least two (2) working days in advance to coordinate traffic signal service. 6-4 DELAYS AND EXTENSIONS OF TIME
6-4.4 Written Notice and Report.

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 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.
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.1 General.

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.
6-9 LIQUIDATED DAMAGES
The CONTRACTOR agrees to forfeit and pay the AGENCY the amount shown on Notice Inviting Sealed Bids for each and every Calendar 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.

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.

SPECIAL PROVISIONS SECTION 7 - MEASURE AND PAYMENT
7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
7-1.1 General.

The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 7-3 PAYMENT
7-3.1 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 Section 7-3.5 of the Standard Specifications.

At the expiration of 35 calendar days from the date of acceptance of the Work by the board, 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.

7-3.2 Partial and Final Payment.

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.

The closure date for period progress payments will be the last day of each month. The AGENCY requires 30 days to review all progress payments, issue payment checks, present progress payment to City Manager for approval, and release payment to CONTRACTOR. 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.

7-3.6 Stipulated Unit Prices.

Stipulated Unit Prices are unit prices established by the AGENCY in the Contract Documents. 7-4 PAYMENT FOR EXTRA WORK
7-4.1 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.

7.4.2.4 Other Items.

Invoices covering all such items in detail shall be submitted with the request for payment. 7-5 PAYMENT FOR CHANGES REQUESTED BY THE CONTRACTOR
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 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.

SPECIAL PROVISIONS SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 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.

The first progress payment will not be approved until all facilities are in place and fully comply with the Contract Documents.

(End of Section)
SPECIAL PROVISIONS - PART 2
SPECIAL PROVISIONS - PART 2
See Technical Specifications-Attachment C
SPECIAL PROVISIONS-PART 2
Technical Specifications-Attachment C

BID SCHEDULE
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.

Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization 1 LS
2 Traffic Control 1 LS
3 Construction Surveying 1 LS
4 Water Pollution Control Program 1 LS
5 1-3/4" Cold Plane 44,497 SF
6 2" Cold Plane 1,890 SF
7 3" Cold Plane for Digouts 1,500 SF
8 3" Cold Plane 46,930 SF
9 3-1/2" Cold Plane (for FDR) 47,160 SF
10 10" Full Depth Reclamation 47,160 SF
11 15" Full Depth Reclamation 46,930 SF
12 Type II Cement 170 TON
13 1/2" Type HMA PG64-16 2,744 TON
14 Survey Monument Preservation 3 EA
15 Lower & Adjust Water Valves 47 EA
16 Lower & Adjust Manholes 17 EA
17 Lower & Adjust Cleanouts 1 EA
18 Work around Water Vault 1 EA
19 Work Around AT&T Manhole Covers 3 EA
20 HMA QC Laydown Technician 1 LS
Line Item Description Quantity Unit of
Measure
Unit Cost Total
21 HMA QC Compaction Technician 1 LS
22 FDR QC Technician 1 LS
23 HMA QC Materials Testing 1 LS
24 Stop Legend (Thermo) 11 EA
25 Type IV Arrow (Thermo) 2 EA
26 Detail 22 3,167 LF
27 Detail 27B 5,824 LF
28 Detail 29 115 LF
29 Detail 38 95 LF
30 12" White Line (Thermo) 389 LF
31 Red Curb 165 LF
32 Blue Reflective Marker 14 EA
TOTAL

BID PROPOSAL
BID BOND/GUARANTEE*
Depending on what you are submitting, please download the applicable form, complete it, and upload it back here as part of your bid. For Guarantees not in the form of a Bid Bond, the chosen form of Guarantee shall be provided to the City in the designated format prior to the due date and time of bids.  Bid_Bond.pdf
 Bid_Guarentee.pdf
*Response required
NON-COLLUSION AFFIDAVIT*
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
Martin & Lakeshore Repaving Project
BID NO. 25-01

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.
☐ Please confirm
*Response required
DISCLOSURE OF LOBBYING ACTIVITIES*
Please download the below documents, complete, and upload.  Disclosure_of_Lobbying_Acti...
*Response required

PUBLIC CONTRACT CODE QUESTIONNAIRE
P. 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 [check one] 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.
☐ Has
☐ Has Not
*Response required
Q. PUBLIC CONTRACT CODE SECTION 10162*
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
*Response required
When equals "Yes"
R. PUBLIC CONTRACT CODE SECTION 10162 FOLLOW-UP*
You have indicated that the bidder, an officer of the bidder, or an employee of the bidder that has a proprietary interest in the bidder, has 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.

Please explain the circumstances.
*Response required
S. 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.
☐ Please confirm
*Response required

BIDDER INFORMATION
T. CORPORATION?*
Is your company incorporated?
☐ Yes
☐ No
*Response required
When equals "Yes"
U. STATE OF INCORPORATION*
In what state is your company incorporated?
*Response required
When equals "Yes"
V. COMPANY IS A CORPORATION*
You have indicated that your company is incorporated. Please provide a copy of your company's corporate resolution.
*Response required
W. CONTRACTOR'S LICENSE NUMBER*
Please provide your California contractor's license number as issued by the Contractors State License Board.
*Response required
X. DIR REGISTRATION*

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.
*Response required
Y. KEY PERSONNEL*
State 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)
*Response required
Z. BANKRUPTCY JUDGEMENTS*
Are there any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal?
☐ Yes
☐ No
*Response required
When equals "Yes"
AA. BANKRUPTCY JUDGEMENTS (EXPLAIN)*
You have indicated that there are bankruptcy judgements against a principal that has interest in this proposal. Please explain, providing the type of judgement and the date of judgement. *Response required
BB.DBAS, ALIASES, OR FICTITIOUS BUSINESS NAMES*
State all current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal. Please be sure to state the name of the principal, the associated DBA, and all applicable dates.
*Response required
CC.PRIOR DISQUALIFICATION*
Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity?
☐ Yes
☐ No
*Response required
When equals "Yes"
DD. PRIOR DISQUALIFICATION (EXPLAIN)*
 You stated that your firm has been disqualified from performing work for a City, County, Public, or Private Contracting entity. Please provide the following information for all disqualifications:
 Date of Disqualification
 Entity/Agency Name
 Location
 Reason for Disqualification
 Current Status and any Supplemental Statements
 State if your firm has been reinstated by this entity/agency *Response required
EE. VIOLATIONS OF FEDERAL OR STATE LAW*
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
*Response required
When equals "Yes"
FF. VIOLATIONS OF FEDERAL OR STATE LAW*
You stated that your firm, or its officers, have been assessed penalties by an agency for noncompliance or violations of Federal or State laws within the last five (5) years.

Provide the following for all such penalties/violations:
 Was it a Federal Agency or a State Agency?
 Name of Agency
 Describe the violation, include the current status
 Indicate if penalties have been paid
*Response required
GG. ONGOING INVESTIGATIONS REGARDING VIOLATIONS OF STATE CODE* 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
*Response required
When equals "Yes"
HH. ONGOING INVESTIGATIONS REGARDING VIOLATIONS OF STATE CODE* You stated that your firm, or its officers, have ongoing investigations by an AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws.

Provide the following for all such penalties/violations:
 Code(s)/Laws(s) violated including Section/Article Numbers  Name of Agency
 Describe the violation
*Response required
II. STATEMENT REGARDING INSURANCE COVERAGE*
Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 5-4 LIABILITY INSURANCE of Section E - Special Provisions. Should Bidder be awarded the contract for the work, the Bidder further certifies that they can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors. ☐ Please confirm
*Response required
JJ. WORKERS COMPENSATION INSURANCE CERTIFICATE*
Please download the below documents, complete, and upload.  Workers_Compensation_Insura...
*Response required
KK. STATEMENT REGARDING CONTRACTOR'S LICENSING LAWS*
Please download and complete the form for showing acknowledgement of Contractor Licensing Laws and upload here as part of your bid.
 Statement_Regarding_Contrac...
*Response required

EXPERIENCE STATEMENT
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

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
The following section pertains to your life of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials 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.

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.

LL. EXPERIENCE STATEMENT*
Please download the below documents, complete, and upload.  Experience_Statement.pdf
*Response required
MM. SUPPLIER AND SUBCONTRACTOR LIST CONFIRMATION*
Bidder confirms that these representations are made under the penalty of perjury under the laws of the State of California. The bidder hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.
☐ Please confirm
*Response required
NN. SUBCONTRACTOR LIST*
Please download the below documents, complete, and upload.  Designation_of_Subcontracto...
*Response required

SUBMITTAL CONFIRMATION AND ADDITIONAL INFORMATION
The Additional Information question is where you will upload your proof of authority to sign. If this bid is being submitted by an agent, or someone other than an officer of a corporation or a member of a partnership, a Power of Attorney must be submitted under Additional Information.

OO. ADDITIONAL INFORMATION
This is provided as an additional means to upload any content required by the City for a responsive bid as stated by these specifications that has not otherwise been provided in a previous portion of your submittal.

This includes proof of authority to sign.

PP. DOCUMENT REVIEW CONFIRMATION*
Bidder declares that he/she has examined all of the contract documents and specifications contained in this project manual for the City's Bid for Martin & Lakeshore Repaving 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 to be considered as forming a part of this proposal:
 BID BOND or BID GUARANTEE (if submitted in lieu of Bid Bond)  NON-COLLUSION DECLARATION
 BIDDER INFORMATION
 EXPERIENCE STATEMENT
 DESIGNATION OF SUPPLIERS & SUBCONTRACTORS
 BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE
 STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.

Bidder further agrees if 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 these specifications.

Bidder declares under penalty of perjury under the laws of the State of California that all of the representations made in this BID are true and correct.
☐ Please confirm
*Response required
Page | 1 Bid No. XX-XX

ARTICLES OF AGREEMENT

PROJECT NAME
BID NO. XX-XX

IN THE CITY OF LAKEPORT, CALIFORNIA
THIS (Name of Project) PROJECT, BID NO. xx-xx, 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 (Name of Project), BID NO. xx-xx, 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 abovestated 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
Page | 2 Bid No. XX-XX
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.

Page | 3 Bid No. XX-XX
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 Page | 4 Bid No. XX-XX
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 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’ Page | 5 Bid No. XX-XX
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.

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 Page | 6 Bid No. XX-XX
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.

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.

Page | 7 Bid No. XX-XX
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

Page | 8 Bid No. XX-XX
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, 20XX (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 )
Page | 9 Bid No. XX-XX

PAYMENT BOND
[Project Name]
BID NO. [Bid #]

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 ________________, 20__.

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 _____________________, 20__.

NOTARY PUBLIC .................................................................................................. (SEAL) (EXECUTE IN DUPLICATE)
Page | 10 Bid No. XX-XX

FAITHFUL PERFORMANCE BOND
[Project Name]
BID NO. [Bid #]

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 ______________________________________(Surety), 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: [Project Name and Bid #] 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 ...................................... , 20__.

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 ______________ , 20__.

NOTARY PUBLIC .................................................................................................. (SEAL) (EXECUTE IN DUPLICATE)
Page | 11 Bid No. XX-XX

MAINTENANCE BOND
[Project Name]
BID NO. [Bid #]

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 ...................................... , 20__.

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 ............................... , 20__.

NOTARY PUBLIC .................................................................................................. (SEAL)

(EXECUTE IN DUPLICATE)

MARTIN & LAKESHORE REPAVING PROJECT
BID NO. 25-01

IN THE CITY OF LAKEPORT, CALIFORNIA
SPECIAL PROVISIONS – PART 2

TECHNICAL SPECIFICATIONS
I hereby certify that these Project Specifications were prepared by me or under my direct supervision in accordance with generally accepted engineering practices.

Paul R. Curren, R.C.E. #C34527 Date: May 19, 2025

Page 1 ends

Lakeport City CouncilJuly 15, 2025

Lakeport City Council
July 15, 2025